HomeMy WebLinkAbout2010/04/20 Item 8
CITY COUNCIL
AGENDA STATEMENT
SUBMITTED BY:
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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. GG2l0)" TO
AMERlCAN POWER SOLUTIONS WHICH WILL BE FUNDED
THROUGH CAPITAL IMJ>ROVEMENT PROJECT GG2l0 AND
REnJBURSEDTHROUGHTHECE~?fNPROGRAM
DIRECTOR OF PUBLIC WORKS ~
DIRECTOR OF CO 'tV ATION & ENVIRONMENTAL SERVICES~
CITY MANAGER
ASSISTANT CITY AGER ~7
4/STHS VOTE: YES 0 NO 181
ITEM TITLE:
REVIEWED BY:
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SUMMARY
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. 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 rrom 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 determined that the project qualifies for
a Class 1 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.
RECOMMENDATION
Council adopt the resolution '.
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BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION (
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 illid 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. Tbe Chula
VistalSDG&E Partnership Program has provided financial support for City staff to evaluate,
identify and coordinate the installation of these energy retrofit projects. Because Partnership 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 annual energy costs.
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. On July 30,
2009, the Director of Public Works received three proposals for the project.
1. 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 estimates and the project's proposed completion date
ofJuly 31, 2010.
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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.
Tbe 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 funds and
maximize the opportunity to achieve peak energy and greenhouse gas emissions reductions.
DECISION 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 1 8704.2(b)(2) and l8705.2(b)(1).
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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)
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $408,899.76
ATTACHMENTS
1. Design Build Agreement
Prepared by: Gordon Day, Building Project Manager, Public Works
J: IEngineerlA GENDA ICAS20l 0103-23-1 01A113 Energy Lighting Retrofit '2nd.l.doc
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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 ALBY--.
THE CITY 0 ' I
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Dated: 1} 1,5 110
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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 ("AgreemenC). This Agreement is made and entered rnto this , by and
between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and American Power Solutions, a
Corporation located in FulJerton, California ("Design Builder or D/B'"'). City and DIE, when referenced herein, may
be referred to individually as .'Party" and collective!y as "Parties." This Agreement 15 entered into with reference to
the fonowing facts:
RECITALS
1.
3.
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5.
1. The City of Chula Vista Citywide Lighting Retrofit Project pertains to the citywide retrofit oflighting fixtures
to a more energy efficient replacement Pre-qualified firms with design build experience were solicited to
present proposals for revic\\' 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.
The Design Build Team (DBT) will be responsible for inclusion of alJ potential incentives and rebates for the
proposed product costs.
The City has a proposed budget of Five Hundred Thirty Thousand Dollars ($ 530,000.00) for the design and
instalIation phases of the project.
The Citywide Energy Lighting Retrofit Project is the second phase of lighting conversions to be accomplished
under the agreement with SDG&E.
As part of that effort, on June ~ 1009, the Department of Public Works, Engineering Division, issued a
Request for Proposal (RFP), pursuant to ~ 1.57 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 off the
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\\'ing interviews of3 qualified respondents, DfB 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 ofDfB's proposal, D/B submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount ofFcur Hundred Eight Thousand Eight Hundred Ninety Nine Dollars and Seventy-Six Cents
($ 408,899.76) ("Estimated Cost"t'EC") to initiate design and instaIlation of energy efficient lighting at
multiple locations.
9. FolJowing City's approval of90% Construction Documents ("CD"), and with the approval for funding through
CEC low interest loans, DfB shall submit a guaranteed ma."imum price ("GMP"), for which each Project shall
be designed and constructed.
10. D/B shaIl complete the Project. as a public improvement, according to plans and specifications approved by
City, for an amount not to exceed the GMP.
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NOW THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
hereIn, and for ot.'f1er good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
folJows:
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ARTICLE I. DE~TIONS
ADA: The Americans with Disabilities Act of 1990 and any amen9Jnents thereto.
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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-Bnilts: Project Record Documents that are the Contract plans modified trom the original concept of the
design to reflect the actual product built.
CEC: California Energy Commission
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authoriziog a change io 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 of Cbnla Vista.
City's Project Administration Costs: Cbarges that City iocurs 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 duriog construction, until completion and Acceptance of the Project.
Contract Documents: Includiog, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to
Bidders, Bid (iocludiog documentation accompariyiog Bid and any post-bid documentation submitted prior to
Notice of Award), the Bonds, the general comlitions, permits rrom other agencies, the Special Provisions, the Plans,
Standard PJ;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 Work: All work, material, or equipment that is unsatisfactory, faulty, iocomplete, or does not conform to
the Contract documents is defective. "
Design Build Team (DIBT): Those iodividuals designated as being a part of the Design Build Team See Exhibit
C.
Estimated Cost: The total cost of the Project as estimated io prelinrinary cost estimates as shown io Ex1nDit C.
Extra Work: Any City additions, modifications, or deletions to work or D/B obligations under this Agreement not
withio the origioal Scope ofW ork contemplated by this Agreement.
Final Completion: The poiot at which the last of the followiog has occurred: (I) recordstion ofa Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by D/B to City under this Agreement, iocludiog but not limited to As-Built Drawiogs, warranties, and
operating manuals; and (4) and delivery to City of a Certificate of Completion dilly verified by D/B.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (iocludiog any
City of Cbula Vista standard special provisions).
Guaranteed Maximum Price ("GMP"): The maximum compensation to which D/B may be entitled for the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall ioclude all authorized costs for labor, equipment, and material to design and build a fully
functional Project io accordance with all applicable rilles, regulations, and laws.
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Hard Construction Costs: Direct conslruction costs incurred in performing the work, including taxes, delivery and
instalJation. 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 substanc:e ~ defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (HeaJth 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 h01idays.
Law: AJJ Federal. State, or IOt:alla\.ys, regulations, ordinances, and/or policies.
Milestones:' Dates shown on the Project Schedule by which D/B shaH complete major tasks either during design or
construction of the Proj~ct.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DIE to commence Work andlorServices on the Project.
Notice of Termination: A written notice from City to DIB tenninating the Agreement in accordance with AnicJe
XXVII.
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Project Site: The property located at multiple sites throughout the City. See list of sites further described in Exhibit
A, attached.
Reimbursable Costs: An direct costs, includ~ng labor. materials, permit fees, insurance and bonds, genera!
conditions, overhead and profit.
Servic~: Professional services, incJuding design and construction management of the Project that are required to
desig:rf and construct the Project in accordance with the Contract Documents. Services does not inc1ud~ Work.
Substantia.l Completion: That stage in the progress of the construction when alJ Work on the Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that a1l 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 operatignally functional, subject on1y to
final testing.. balancing and adjustments and normaJ Final Completion punch list work.
Title 24: California Bui1ding Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies. and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Working Day(s): Monday through Friday, excluding City holidays'.
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, D/B shan design and construct the Project in
accordance with all the tenns and conditions of this Agreement, approved Plans and Specifications, and the
time !Tames established by the Project Schedule, which wil1 be determined at 90% conslruction documents.
delivering a complete and functional Project within the Contract Time for an amount n,ot to exceed the GMP.
ARTICLE III. TERM
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3.1 Term of Aareement. Thi.s Agre:ement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of an terms and conditions herein, unless this Agreement is earlier
tenninated. 1
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ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLlGA TlONS
4.1 Standard of Care. Throughout the performance this Agre!>inent, performed under this Agreement, DIB a!!rees
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 firms using the degree of care and sk1l1 ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4.2 Comnliancewith all Laws. In the performance of this Agreement, D/Bshall comply with alllaws, including
but not limited to:
4.2.1 All City, County, State, and Federal Jaws, codes and regulations, ordinances, and policies, including,
but not limited to, the fenawing:
4.2.1.1 Environmental Regulations (Le. CEQN NEP A).
4.2.1.2 The Americans with DisabiHties Act ("'ADA") and Title 24 of the California Building Code. It
is the sole responsibility ofDIB to comply with all ADA and Title 24 regulations.
4.2. I 3 The California Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to, those prohibiting discrimination on account of race , color.
national origin. religion. age, sex or handicap. .
4.1.2.4 The Clean Air Act of1970, the Clean Water Act (33 USC 1368)-Executive Order I 1738, and
. the Stonnwater Management and Discharge Control-Ordin.ance No. 0-1798&.
4.1.2.5 D/B shall comply with the Essential Services Building Seismic Safety Act, SB 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, ordinancl:s, ruJes, or regulations.
4.1.2.7 DIB shall obtain and comply ,,,jth all permits necessary top complete the Project, including, but
~I not limited to Development Services Department permits and hazardous materia] 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 Kl10wledge of Laws. DIB shall be responsible for aU amendments or updates to standards and
of all amendments or updates to standards, whether 10caJ, state, or federal, and such knowledge wi!! be
imputed to DIB to the extent allowed by law. ."
4.3 Desio-A and Construction Standards. In the performance of the Services and Work covered by this
Agreement, DIE shan comply the most current versions of design and construction specifications, all of which
sh-aU 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 Warks Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specifications.
4.3.2.1 The 200"0 Edition of the Chuta Vista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standards.
4.3.23 The 2002 "Edition of the Chula Vista Construction Standards.
4.32.4 The City's facility program, performance and design criteria, concept drawings. and reports.
4.3.3 Energy Consen1alihn SJandards. N/A
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43.4 Alaterials Stal7dards. DIE shaJI use industrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain Citv ADDroval. For any and aJl actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, pl.?sJ.1~a1J obtain approval in writing from the designated
City Representative, or when required by Law, ITom the 'CitY CounciL DfB acknowledges that approval iTom
any individual other than the designated Ci!)' Representative or City Council, where required, shall not be
valid.
4.4.1 Failure to Obrain App,'ova!. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization afthe City Representative shall be borne
exclusively by DIE and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency~ DfB shall take alI reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
ho\Vever~ D/B shalI notify the City immediately of the emergency and as soon as reasonably
possible provide a wntten 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 subcontractors7 D/B may be entitJed to reasonable compensation
for such actions.
4.42 No Release From Obligatiol1S. City approval shall be a general approval only, and such approval shan
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 Makin!!. D/B shali make decisions with reasonable promptness to avoid delay in the order1y
progress of DIB's obligations under this Agreement and pursuant to the Project Schedule, which will be
detennined at 90% construction documents.
4.6 Perform Services and "\lark in Phases. The Services and Work under this Agreement shall be performed
three (3) '"Phases''' in the manner and order described herein.
ARTICLE V. PHASE I - DESIGN DEVELOPMENT
5.1 Dcsi2'n Team. City has awarded this Agreement based on the specific qualifications ofD/B to perfonn the
design services required under this Agreement. An such services shall be provided by DrB unless the City has
approved of the use of Sub consultants in the manner identified in Article VIl1.
5.2 Services. In Phase I, D/B shall perform Services including, but not limited t~~ the following:
5.1.1
5.1.2
Project Development. Develop and refIne Project requirements.
DDD. Prepare complete DDDs, such that the DDDs include. without limitatio~ the following:
5.1.2.1 Site Plans. Site plan with pertinent notes as applicable..
5.1.2.2 Floor Plans. Floor pJans including graphically demonstrating interior and e.\terior waI.1s and
fenestration with notes, dimensions and gridlines; room names, structural bay spacing with
grids, critical dimensions and area calculations. NI A.
5.123 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. NI A.
5.1.2.4 Building Sections. Bunding sections, which shall include vertical dimensions, floor assembly
thickness showing known structural elements, notes and dimensions. N/A.
5.1.2.5 Elevations. Exterior elevations, including materia] references and extent; visible rooftop
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines. N/A.
5.1.2.6 Wa1l Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
.
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head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall
fmishes; and wall and roof assembly; N/A.
5.12.7 Outline specificatioru;, written description of each project by address and components
including site work.
5.1.3
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5.1.2.8 Traffic circuJalian and landscaping should also be indicated at this stage if applicable.
Code Compliance. VerifY al1 code compliance. including building construction type, occupancy
sprinkler requirements, existing, zoning and other agency confonnance and ADA. N/A~
Submittals. Prior to proceeding with Phase 11, DIB shall prepare and submit the fallowing to the City
for review and written approva1.
5.1.4
5.1.4.1 DDDs. Completed DDD.
5.1.4.1.1 Conditional Approval. In the event that City grants conditional approval, DIB shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.1.4.12 Delay/Costs. Any delay or additional costs resuJting from this submittal shall be
borne exclusively by DIB and not be grounds for an increase in the GMP or Contract
Time.
5.1.4.2 Other Deliverables. 3 D rendered images, color and materia1 boards, reflected ceiling plans,
and special system or equipment plans. N/ A.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase II oftlleProject, DIB's shall perform Services including, but are not limited to,
the fol1owing:
6.1.1 Project DiZ\'elopmenr. D/B shail diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
--6.1.2 DigiJa/ Documentation. DIB shan prepare CD's which shaH include, without lirnitation,.,the fonowing:
6.1.2.1 Architectural plans and details, including:
6.1.2.1. t Site plan indicating general location and nature of on-site and the necessary off-site
improvements as required.
6.12.1.2 Floor plans, including roof. showing space assignments, sizes, and location of
installed or fixed and movable equipment that affects the design of the spaces. NfA.
6.1.2.1.3 Building ,elevations indicating exterior design elements and features, including
fenestration ammgements, materials, mechanical and electrical Features appearing on
the waJJs, roofs, and adjacent areas. N/A.
6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locatioru;. N/A.
6.1.2.1.5 Typical buiIding sections showing primary structural members, dimensions, and
accommodation of functional systems. N/ A.
6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features.
N/A.
6. I 2.2 Structural drawings including plaru; 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.! .2.4 Landscape and Jrrigation plan and details. Nt A.
6.1.2.5 Electrical plans and details.
6.1.2.6 Structural calculations.
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6.1.2.7 Plans showing installation ofmajor-s)~st~m"'s. equipmen~ fixed furnishings and graphics. N/A.
6. J .2.8 Electrical insta!!anon specifications.
6.1.2.9 A!] 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 tTades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.12.9.3 Color board and architectural rendering for required presentations. N/ A.
6.1.2.10 Mechanical design documentation consisting of continued development and expansion of
schematic mechanica1 design consisting of: NI A.
6. J.2.J 0.1 Single line layouts and tbe approximate sizing of all equipment and capacities,
preliminary equipment layouts. NtA.
6.1.2. I 02 Required space requirements for the equipment. required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures. Nf A.
6.1.2.11 Electrical design documentadon consisting of continued expansion of the schematic electrical
design consisting of:
6.1.2.11.1 Criteria for electrical systems typical to the approximate sizes and capacities of
major ligh1;ing components;
6.1.2. I 1.1 Preliminary equipment layouts, required space for equipment, required chases and
clearances.
6.1.2.12 Sections through critical areas showing coordination of architectural, structural~ mechanical
and electrical elements. N/A.
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6.1.2.13 Final specifications, including but not limited to, the follo'wing:
6.1.2.13.1 Architectural. General description ofthe construction, including interior finishes,
types and locations of acoustical treatment, typical and special floor coverings and
final ex1:enor and interior material selection. NI A.
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6.1.2.13.2 MechanicaL Description of air conditioning, heating and venri1ation systems and
controls, ducts, and piping system. NJ A.
6.1.2.13.3 Electrical. Description offLxtures to be instaI1ed.
6.1.2.13.4 Landscape. General description oft.~e construction, including plan materials, plant
locations, maintenance period, and irrigation systems. N/A.
6.1.2.13.5 Play Areas. Description of play equipment, including instal1ation procedures,
type, color, finishes, and locations.N/A.
6.12.13.6 Site Work. General description of the construction, including finishes, types of
materials and locations. N/ A.
6.1.2.l~.7 Other. Such other documents to fix and describe the size, quality and character of
the entire Project, its materials, and such other elements as sbal! be appropriate.
6.1.2.14 Plumbing drawings, incJuding location and qu::mtity offlxtures, equipment sizes, room sizes
for plumbing equipment, and final specificanons as appropriate. NtA.
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6.1.3 Project Sequencing. DIB shaH determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. DIB shall prepare a detailed Critical Path Method schedule for aU construction
components of the Project ("Detailed Construction ~hedule") utilizing Microsoft Project software,
showing all major milestones, bid dates for the major bid packages, c.ommencement of construction,
sequence of construction, completion of structural elements, and completion of the Citywide Energy
Lighting Retrofit, aU of which shaU conform with the dates of Substantial Completion and Final
Completion for each Project.
6.1.5 Governmen1al Re\.'iew. DIB shall review, as needed, the CD's with the governmental authorities
havingjurisdicDon over the Project.
6.1.6 ACcotlJ11;rJg System. D/B sharI provide a master accounting system and matrix on Microsoft Excel that
will be updated, eXl'anded, and provided to the City monthly as the Project develops.
6.1.7 Project A1anageme17t Plan. DIB shan develop and implement a Project Management Plan and
Procedures including: .
6.1.7.1 Project status reports.
6.1.7.2 Coordinationlinter"race with the City and its other consultants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days trom the Effective
Date of Agreement. .
6.1.7.4 Biweekly (twice a month) Design and Construction meetings
6. J.7.S Interface and communications with other agencies
6.1.7.6 Venders and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
_- 6.1.7.9 Quality assurance and quality control. DIB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Consiruction Drawings and Specifications. D/B shall prepare constrUction drawings and specifications
suitable for obtaining City-approved permits and to allow construction.
6.1.9 Cit)' Approval. DIB shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at fifty percent (50%), seventy percent (70%), and ninety percent (90%)
completion.
6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification, Modification, and Resubmittal. At 50%,70% and 90% Completion, City will
notify D/B in writing within the timeframes established in the Project Schedule following
receipt of Construction Drawings of City approval, or of request for modifications. If
modifications are requested, DIB shall modify and resubmit Construction Drawings for City
approval.
6.1.9.3 D/B Support. DIB shall provide support to a City Constructability Review Team for the
review of the Construction Documents at ail stages of required submission.
1
6.1.10 Materials and Equipment Specifications. D/B shall prepare technical materials and equipment
specifications for pre.purchase.
8
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6.1.11 SunleyiJ1g and Testing. D/B shall coordinate, perfonn, and complete aU surveying, materials testing,
and special testing for the Project at the Project site as required by this Agreement, the State Building
Code, Dr any other law or regulation., in accordance with and considering the following:
6.!.1 J.I Greenbook 2003 Section 2-9 Med "SuIYe)iing" and City ofChula Vista's Horizontal and
Vertical Control found on the Survey Control Network Map located on the City's Internet via
the fonowing link:
htto:llwww.chulavistaca.gov/Citv ServicesIDevelocment ServiceslEn!!Ineerin!!./index.asn
6.1.11.2 Existing Conditions. DfB shall obtain all necessary soils investigation and conduct
agronomic testing required far design cfthe Project. The Soils Consultant shan prepare a
statement that ,""ill be included in the Bidding Documents as to the nature of soils !ITound
water conditions and any other information concerning the existing conditions of'the site.
N/A.
.
6.1.11.3 UtiHties. DfB shaH provide a11 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. DfB shaH file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of an utilities required by the
Project N/A.
6.1.1 1.4 Geotechnical Information. DIB shall obtain all necessary geotechnical information required
for the design and construction of the Project. The Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement, that will be
included in the Bidding Documents, to address existing geotechnic.al conditions of the site
that might affect construction. N/A
6.1.11.5 Additional Surveys. D/B shall provide additional site surveys and geotechnical investigations
to the extent that DIB determines they are necessary for final design. Nl A.
6.1.1 1.6 No Reliance. DIB shan 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.
:'6.1.11 SWPPP_ Where applicable, DIB shaH 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 Water
Quality Control Board Statewide General Construction Storm Water permit and National Pollution
Discharge Elimination System permit requirements and any municipal regulations adopted pursuant to
the penn its.
6.1.12 Alternatives. DfB shall evaluate alternative structural and constrllction approaches to ensure
economical desjgns, which optimize constructability, yet meet alJ codes, architectural concepts,
schematic designs, and standard specifications of the Project. N/A.
6.1.13 Pe.rmits. DfB shall obtain general building pennit and all anci1lary peIi11its and licenses, including but
not limited to, demolition permits, improvement permits and grading permits. City shaH be
responsible for all permit fees.
6.]. I 4 Updated Costs. DIB shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support constructability reviews.
6. I .15 Final Review ond Approval of Plans and Specifico/ions. DIB 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 shan not be
unreasonably withheld. Ifrequested by City, DIB shall make changes to the Construction Documents.
.
9
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ARTICLE VII. PHASE III. - CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase !II. Work and Services. The DIB shall construct the Project in accordance with City-approved plans
and specifications prepared by the DIB to meet or exceed alJ requirements of the City provided program,
schematic design and the performance criteria. The D/B.snall:
7.1.1 Bidding. D/B sball prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that D/B determines is appropriate ensure the efficient and cost
effective construction of the Project
7.1.1.1 Competitive Bidding. D/B shall competitively bid the respective bid packages for the
construction of the ProjecL N/A.
7.1.1.2 Pre*Bid Conferences. DIB shall schedule and conduct pre-bid conferences to ans\ver questions
posed by bidders. Said answers and any other information required to provide c1arification to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to all prospective bidders.
7.1. 1.3 Scheduling. D/B shaIl coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DIB shall submit to the City a summary of bid resultsfor each bid package.
7.1.1.5 Bid Protests. DIB shall hear and decide bid protests and sball develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7. I. 1.6 Equal Opportunity Contracting/Nondiscrimination. D/B shall not discriminate on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. D/B shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
DIB understands and agtees that violation of this Subsection shall be considered a material
breach of this Agteement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between DfB and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. DIB shall be responsible for entering into subcontracts, in"DIB's own
name, with the bidder who in D/B's discretion and professional opinion best meets the
monetary, time, and performance requirement of the ProjecL DIB shan be responsible for
ensuring that these contracts funy comply with all applicable local, state and federal laws,
some but not an of which are listed below. .
7.1.1.8 Additive Alternatives. DIB shall require additive alternates for e~~ended warranties in bid
packages for roofing and HV AC systems. Nf A.
7.1.2 Meelings. DIB shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DIB shall conduct a preconstnlction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications,. and (Hi) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. D/B shall ensure that the preconstruction meeting is attended by D/B's
construction contractor, project manager, aU D/Bls major subcontractoTS, the City's
designated Representative, and an other persons necessary as determined by DIB or
City.
7.1.2.2 Progress Meetings. D/B shall conduct bi-weekly progress meetings with the City and
appropriaie design and construction members.
7.1.2.3 Contractor Meetings. DIB shaIl ~onduct contractor meeting$~ as necessary, to provide
technical input.
7.1.23.1 D/B shall provide interpretation of technical specifications and drawings.
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7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if reschedu1ed meeting times are
convenient for all necessary parties, and DIE has given no less than five (5) Calendar Days
prior written notice of the rescheduled meeting.
7.1.25 Minutes. D/B shall take correspondi~g !XJe~ng minutes and distribute copies to all attendees.
7, 1.1.6 Reporting. DIE shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated As-Buihs, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Construction A'fal1ogement. During construction of the Project, D/B shaH perform and be r~ponsible
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 al1 construction
means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project.
7.1.3.1 Resident Management D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and e:\.1.ending through issuance of Notice of Completion
and Acceptance. City staffwil1 perform inspections to verify compliance with the plans,
specifications and contract documents. The DIB resident staff shall ensure construction
compliance with applicable local, state: and federal eades, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
N/A.
.-
7.13.2 Records Management. DIB shall implement and maintain an interna1 records management and
document control system as required to support project operations. The D/B shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. D/B shall develop a project-specific Plan for derming, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7. 1.3.4 Reporting. D/B shall keep City infortned of the progress and quality of the design and
construction ofthe Project.
7.1.3.5 Documents On-Site. D/B sha1J maintain a complete and up-ta-date set of Construction
Documents in the" Projects field office at an times during construction that reflect all changes
and modifications.
7.1.4 Site Safe/)', Security, Qnd Compliance. DIE shan be responsible for site safety, security, and
compliance with all related Jaws and regulations.
7.1.4.1 Persons. D/B shall be fully responsible for the safety and security of its officers, agents, and
employees, City's officers, agents, and employees, and third parties authorized by D/B to
access the Project site.
7.1.4.2 Environmental. DIB shalI administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, ifany. in addition, D/B shall report environmental issues to
the City in a manner consistent \\'ith the City's reporting system. DrB shall be responsible for
the environmental consequences of the Project construction and shan comply with all related
laws aJld regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11738, and the Stormwater Management and Discharge Contro! Ordinance No.
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
7.1.4.3 Risk of Loss. D/B is responsible for the Project, project site, materials, equipment, and ail
casualties. If a site is constructed over a period exceeding one year, there may be additional
builders risk insurance for that site.
7.1.5 Public RighI-aI-Way. A1I work, including, materia1s testing, special testing, and surveying to be
conducted in the Public right-of-way shall beco,o'Pnated with the Cil)'. N/A.
7.1.5.1 Materials Testing. DIB sha1l 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. NI A.
7.132 Surveying. DIB shall pay for and coordinate with City an surveying required within the Public
right-of-,vay. N/A.
7.1.5.3 Follow all Laws, Rules, and Regulations. DIB agrees to f01l0w all City standards and
regulations while working in the Public right of w-ay, including but not limited to. utilizing
proper traffic control and obtaining necessary permits.
Traffic Conlrol. DIB shall address all traffic control requirements for the Project including, if
necessary, separate traffic contro.1 plans and/or notes.
7.1.6
7.1.7
7.1.8
o
7.1.9
Abalement. DIB shan develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access f<.?r parking and services at all times for adjacent business entities and residences.
Inspectiol1s. DIB shall coordinate any and aU 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 will provide inspection, special inspection, reinspection services, and periodic
building inspections.
Permils. The Parties acknowledge that the construction work to be performed on the Project by DIB in
compliance with this Agreeme~t is subject to the prior issuance of building. land development, and/or
public improvement permits paid for by the City and obtained by DIB. In the event that City, or any
other governmental agency. unreasonably refuses to issue the pennit(s) necessary to authorize the work
to be performed or if the permit(s) are unreasonably canceled or suspended, then D/B is relieved from
its obligation to construct those improvements covered by the denial of said permit(s). City shal~ 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 DIB's receipt of payment in full as described above.
}.1a;17Jel1a17ce. DIB shall ensure Project is maintained in a cIe~ neat, sanitary and safe condition free
from accumulation of waste materials or rubbish Prior to Final CompIedon. DfB shall cause to be
removed from and about the Project aU tools, consU'Uction 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 waste for hire (including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's ftanchise hauler is AUied (fonnerly Pacific) Waste Services
and may be reached at (619) 421-9400.
Request for Informaliol1 ("RFJ"). Parties acknowledge that the RFl process is solely for
correspondence between DfB and its agents; however. D/B shall submit copies of each RFI to City at
the within twenty-four (24) hours of receipt DIB shall issue responses to RFls. Unless D/B
specifically requ,sts a City response, City will not respond to RFls,
Retd(!w and Approval. D/B shan provide timely review and approve shop drawings, samples of
construction materials, product data, schedule submittals, and othe. submittals for compliance with the
Construction Documents. DfB shall keep the City advised of all such matters being reviewed and
approved by DIB nnd forward copies of such documents to City for review.
7.I.lO
7.1. 11
7.1.12
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7.1.13 RQyalties and Other Fees. DIB 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
hannless ITom loss on account thereof
7.1.\4 Provide City with a Detailed Construction SchedulO"(DCS) on a CD within fifteen (\5) working days
after receiving Notice to Proceed vdth Phase lV, provide updated versions ofDCS on a monthly basis,
and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontractin!!.
8.1.1 Design Services. D/B shan perform or obtain the prior written consent of the City to subcontract all
installation services for the Project utilizing qualified, Jicensed and sufficiently ex-perienced architects,
engineers and ather professionals (herein jointly "Design Consultants") as identified in Exhibit c. DrB
shall not be permitted to substitute any instaJler unless authorized by City.
8.1.2 C011Strllction 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 Prniect Schedule. DIB shall perform and complete the Services and Work under this Agreement according to
the timefTames set forth in the Project Schedule~ attached hereto as Exhibit ~ said Project Schedule shall be
prepared at 90% construction documents and submitted to the City with 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 d1e 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.
9.1.2 DIB's ObUgatian. Subsequent to the effective date of this Agreement, D/B shall provide. coordinate,.
revise. and maintain the Project Schedule for all phases of the Project
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule to City monthly for approval.
9.1.22 During Construction, DIB shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.1.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed (% complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 De/ail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit A,
or it shall be in the fom subsequently agreed to by the Parties.
9.1.4 Submiltal. Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project
9.2 Proiect Completion. D/B acknowledges that aU work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, as stated in the Project Schedule.
9.3 Chana-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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ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and eac.h provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Da!~ contained herein, unless otherwise specified in
this AgreemenL D/B shall perform all Services and WorK as-expeditiously as is consistent with standard of
care identified in Section 4.1.
10.2 Notification of Delav. ]fthe DIB anticipates or has reason to believe that the performance of Services andlor
Work under this Agreement wiU 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 oftime to ascertain more accurate data in support of the requesL 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 shaH include a written statement that the time adjustment requested is the entire time
adjustment to which DIB 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 DIB is entitled to an increase in GMP. Ifin the opinion of
the City, the delay affects a material part of the Projec~ the City may exercise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity.
10.3 Delav. [f delays in the perfonnance o.fServices or Wo~k required under this Agreement are caused by
unforeseen events beyond the contral of the Parties, such delay may entitle the DIB to a reasonable extension
oftime or to additional compensation. Any such extension of time must be approved in writing by the City.
The following conditions may justify ,such a delay: war; changes in law or government regulation; labor
disputes; strikes; fires, floods, adverse weather or other similar c.ondition of the elements necessitating
cessation of the DIB's work; inabiIity to obtain materials, equipmen~ or labor; required additional Professional
Services; or other specific reasons agreed to between the City and the DIB; provided, however, that: (i) this
provision shall not appiy to, and the DIB shall not be entitled to an extension of time, additional costs, or
e>,"penses for, a delay caused by the acts or omissions of the D/B, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle
the D/B to an extension oftime unless the DIB furnishes the City, in a timely manner, documentary proof
satisfactory to City of the D/B's inabiIity to obtain materials, equipmen~ or labor.
103.1 Caused by City. IfDIB reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late, DIB will notify City at Project Team meeting and in writing within five (5) calendar
days of discovering such action, inaction, decision. or direction. Included in such notice win be an
estimate of the cost and time impact resulting tram such action, inaction, decision or direction. DIB
shall provide complete and accurate pricing within ten (10) calendar d,ays of said discovery.
IDA Costs of Delav/Liauidated Dama!!es. City and DIB recognize that time is of the essence in this Agreement
and that City wiil suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any e::..."tensions subsequently approved. As th.e 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 DIB agree that DIB
shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project., the following amounts which DIB expressly agrees are "not
unreasonable under the circumstances" as defined in California Civil Code ~ I 671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the GMP by the amount of
the liquidated damages.
ARTICLE XI. PROJECT COSTS
11.1 Estimated Cost. The Estimated Cost of all Projects is Four Hundred Eight Thousand Eight Hundred Ninety
Nine Dollars and Seventy Six Cents ($ 408, 899.76) based on Maximum Price for pending approved projects.
The City's obligation under this Agreement shan not exceed the Estimated Cost for design work; however,
once a GMP is determined and approved, the GMP shall become the not to exceed amount of the City's
obligation. GMP is subject to change pursuant to methods established in this Agreement.
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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 Dffi for a
specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90% complete construction documents, Dffi shall establish a GMP and submit such GMP to the
City for approval.
/
11.2.1 Not to Exceed Amount. The GMP shall not exce"ed"$ 408,899.76. Any costs incurred by Dffi in excess
of said GMP shall be the sole responsibility of the Dffi, 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, Dffi 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, lighring, and security consultants.
11.2.1.1.2
11.2.1.1.3
Estimating, value engineering and construction management.
Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DIE personnel wherever located.
11.2.1.1.4
11.2.1.1.5
11.2.1.1.6
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 Dffi
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
To.ols may be paid, and City may take possession upon completion of
the Work.
All Hard Construction Costs.
Dffi 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 Dffi Fixed Fee for the complete design and construction of the entire Project as
specified in the 90% CD's.
11.2.1.1.9 No more than $19,000.00 for Design Services.
11.2.1.1.9.1.1 General Conditions. General Conditions included in installation
costs.
11.2.1.1.10All home-office and field overhead costs ofany type including document control
and retention;
11.2.1.1.11All business license costs;
11.2.1.1.12All profit Dffi intends to earn mider this Agreement.
11.2.1.1.13All direct and incidental costs incurred by Dffi, except for those specifically
identified in the General Conditions section.
.
11.2.1.1.14 Qther. N/A.
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the maximum amount of compensation to due to Dffi for all permitted costs of any type
incurred by Dffi in performing all services and obligations under this Agreement.
11.2.2 Itemization. Dffi shall provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shall include the following:
8~9
] 1.2. I. I DIB Fixed Fees. The fees charged by the contractor for staff, equipment, office space and
overhead during the tenn of the project.
11.2.12 Hard Construction Costs. Hard Construction Costs broken down into cate.ories for each of
the major trades for the Project, whicp w,iIUnclude labor, material e>."pense~, equipment costs,
and a reasonable D/B Contingency Fund. 0#-
112.1.3 Bonds, Permits, and Insurance.
11.2.3 Altemate Bid ItemIi. DIB shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project wiJI not exceed the GMP.
11.2.4 AcijuIitil1entIi to GMP Based on Approved Change Orders. GMP may be changed, increased or'
decreased, based on Change Orders approved pursuant to Article XIII.
112.5 Adjustments Based on QtherCos! Increase:;. GMP may be mcreased due to: (i) acts of God, acts of any
govemmental authority, the elements, war, litigation. shortages of material, labor strikes, inflation,.
later comrnonly accepted or adopted higher standards and specifications of construction, cnncealed 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 factnrs not the result of
unreasonable conduct by DIB. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be mcreased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council.
] 1.3 Duty to Advance Costs. DIB shall advance al1 costs for Project subje<:t to Reimbursement in the manner
described in Article XVI.
11.4 Use of Project Continoencv. Project Contingency shall not be used without prior, written City approval and
shaU 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) tmins~red 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 ofthe Notice, DIB
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of which ,vii! not exceed the Estimated Cost or GMP, once establish.
] ] .5.1 City Actiol!. Follo,ving consultation with the DIB, the City' may choose to: (i) approve...n increase in
the amount authorized for d1e Project; (ii) delineate a project, which may be constructed for the budget
amount; (iii) any combination of (i) and (ii); or terrninate the Project subject to the termination
provisions in Articie XXVlJ.
ARTICLE XII. PRODUCTS
12.1 Submittals. Prior to the bidding process, D/B shall submit for City approval a list of products intended for use
in the Project Upon DlB's completion of plans and specifications, City will review and approve products
specified therein. DiB shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty (20) Calendar Days ofDIB's receipt of submittal. Approval is general approval only
and in no way relieves DIB of its sole responsibilities under this Agreement or any and all Jaws, codes, pennits
or regulations. .
12.2 Su bstitutions. DIB shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days after the date of award of the construction contract. After expiration of the thirty (30) Calendar
Days, City wi11 allow substitution only when a product becomes unavailable due to no fault ofDiB's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. DfB agrees that City requires Consultant's input and as such DIB shalt coordinate a five (5) Working
Day review by its Consultant
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122. I Substantiafe Request. D/B shall. incJude with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents. -
] 2.2.2 DIB Representations. B)' submitting a substitution request, DIB is representing to City all of the
fonowing: (i) DIB has investigated proposed prpdyclimd 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 sball coordinate installation and
make an)' other necessary modifications wbicb ma)' be required for work to be complete in all respects;
and (iv) DIB shan waive an)' claims for additional costs related to the substituted product, unless the
specified product is not commerciany available.
12.2.3 Separate Written Request. City wiIj not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that wil1 require substantial revision
of construction contract documents.
.
123 SamoJes.
12.3.1 Postage. Samples shall be sent to D/B's office, carriage prepaid.
12.3.2 Re\7iew. D/B shaJI 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 fmish.
12.3.2.1 Where applicable, all samples shan 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 DIB shall assign a submittal number. DIB shall include with each submission a list ofalT
samples sent, a statement as to the usage of each sample and its location in the Project, the
name afthe manufacturer, trade name, style, model, and any other necessary identifying
information.
11.32.3 All materials, finishes, and workmanship in the complete building shall be equal in every
respect to that afme revie\'t'ed sample.
12.32.4 City wi1I return one submitted sample upon completion of City review.
12.3.2.5 D/B's, or DfB's agent's, field samples shall be prepared at the site. Affected finish work shall
not commence until D/B or its agents have been given a written review of the field samples.
12.3.3 Not a Release of Liability. City's review ofsampJes in no way relieves D/B ofDlB's responsibility for
construction of Project in fuJl compliance with all Contract Documen~~.
12.4 Observe Testing. When appropriate, D/B shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
.
13.1 When Reauired. Change Orders shall be required in the following instances:
13.1.1 OMP. An)' adjustment in GMP.
13.1.2 Contract Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use ojComi17genc)' Fund. At any time D/B seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13. J.4 City Requests. The City directs DIE to perform Additional Services.
J 3. 1.5 Other. Any other)nstance for which this Agreement expresses that a Change Order shall be used.
13.2 Process ror AnorovaI of Cham!c Orders. Within five (5) Calendar Days ofany event that gives rise to the
need for a Change Order. the D/B shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the GMP, .:>.
Project Schedule, or project quality established during the design and submittal review process. In addition, it
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shall be accompanied by a detailed and complele eslimate 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 DIB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DIB shall also provide City
with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time.
", :. .'.;' .
13.2.1 Project Manager App/"Ol'al. 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 DIB's written notice, provided DIB has submitted complete documentation
substantiating the need for such Change Order. If City faiIs to respond to DIB's written notice within
the ten (10) Working Days, the Change Order request shall be deemed approved.
12.2.2 City Ccnmcil Approval. For Change Orders not subject to section 12.2.1! City Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall not be subject to the ten (10) Working Day response time provided for in
section 12.3.1.
13.3 Written Annroval ofChanf!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 apprDval of
a Change Order, perform by DIB prior to approval shall not be reimbursed.
13.4 Failure to Auree on Cost ofChaoO'c Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the DIB is entitled to a Change Order, the amount of the Change Order or
any increase in Contract Time requested through the Change Order, the dispute shall be resolved by the
Director of Public Services. If the determination Qfthe Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 30. I 7. D/B 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 diJigently prosecuting all such services and work.
13.4 Full Comoensation. 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 DIB or D/B's representative acknowJedges that no additional compensation or
~claims for items of work listed in the Change Order wilt be allowed.
13.j Errors and Omissions. D/B shall not be reimbursed for any costs or expenses of a Change order resulting
from a design error or omission, DIB's negligence, or the negligence of any of DfB's agents or subagents. D/B
shaH be reimbursed for any costs or expenses of a Change Order resulting from a design error OT 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, DIB's negligence, or
the negligence of any ofDIB's agents, or subcontractors.
13.6 City Refusal to Atmrove Chan!!c Order. DIB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.1 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 Ex1ra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time ofthe Bid A ward, without invalidating this Agreement and without notice to any surety.
14.1.1 Reque$ts in fVriling. All requests for Extra Work shaH be in writing, shall be treated as, and. are
subject to the same requirements as Change Orders. DIB shall not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
14.2 Bonds Reauired for Extra Work. D/B's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided thaf the E.-tra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DIB as Extra Work is reimbursable in the same
manner described in Article XVI. The Project contingency as descn"bed in Article X, will be used first to cover
the costs ofEA-tra Work.
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14.4 Markun. DIB will be paid a reasonable allowance far overhead and profit for Extra Work. The allowance
shaH not exceed five percent (5%) of the approved costs for the Extra Work..
ARTICLE XV. CHANGED CONDITIONS
15.1 Chanoed Conditions. Changed Conditions shall beaddresred as appIicable under the Greenbaok section 3-4'
however, Parties ach."T1owlcdge that even if Changed Conditions are found to be present, the Project shaH not 1
exceed the GMP without express City Council approval of an increase to the Project Budget. Absent such
ex.press 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 Pa\'ment
16.1.1 Funds/or Paymel7t. DIB shall only be enrided to payment for Services and Work performed under this
Agreement trom the funds appropriated for the Project.
J 6.12 A1axiwU111 Payment_ DIB shalfbe entitled to payment in an amount not to exceed the 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 failure to
seek approval for additional or increased costs.
16.134 Applicotiol1/0J' Paymel1/. DIB shaJl submit to City a certificate and applicarion for payment on or
before the 5m day of each calendar month ("Payment Application"). The Payment Applicarion 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 a1J relevant documents
in accordance with Section 15.1.6. ifthe City determines that all relevant documents have not been
submitted, City shall request that DIB provide additional documentarian. DIB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to D/B
until City has received all relevant documentation to support Reimbursement Request. After aU
appropriate cost documentation has been received and City approves the Payment Application, City
shaJJ 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 (10%) will be deducted and retained by the
City. and the remainder wiJl 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 intendedoto limit any rights the City may
have under tile Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election of DIB. City wiII deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Pubiic ConiTact Code Section
22300.
]6.].3.2 Payment of Withholding. The City wi1l pay the DIB for the amDunts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice ofComp1etion.
16.1.4.2.1 Where a Stop Notice or Mechanic's Lien has been filed fonowing 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 med and
a confDrmed copy delivered to tile City.
16.1.3.3 Contested Charges. In the event City contests any charges contained in the Payment
App1icatian, the dispute shaJl be resolved in the manner idenrified in Section 30.11. DIB shaJl
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 diJigently prosecute aU Work and Services. During the time of the
dispute. the City shan withhold the amount of the charg~ in question.
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16.1.3.4 Cutoff for Submission of Reimbursement Requests. D/B shall suhmit 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 Verificatian of Reimbursement Request. DIE 'shall Supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request iTI the
following manner:
16.1.4.1 DIB shaU submit two (2) copies ofa Reimbursement Request (cover letter,invoice, and
documentation) to the City.
16.1.42 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 disaUowed and the reason for the disallowance.
16.1.4.4 Prior to the approval ofthe Reimbursement Request, City has the right to verifY whether or
not the materials and work for which reimbursement is being requested ha.ve been installed
and performed as represented in the Reimbursement Request
16.1.5 Non~,.eimbllrsable Costs. Except to the extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DIB the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City. .
In addition, DIB is not entitied to reimbursement for any cost or e>:penditure 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 lnsoection Team. The Project shan be inspected by a team composed of, at a minimum, the following: L)
representatives of the City, ii.) representative from DlB's Design Team, iii.) the Construction Ma:nager, and
iv. Representative, (Hi) DlB's Consultant(s), and (e) the D/B's construction superintendent [Inspection Team]
172 Insoection Sta!!es. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (I) when required by code, (iL) as directed by the "Speciallospections" provision, (Hi) bi-weekly.
17.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies withjurisdictionaJ interests wil[ have access at reasonable times with the project manager's approval
for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access
and advise them ofD/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.
J7.5 Notice. DIB shalJ give City timely notice of readinesS of the Work for alJ required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. DIB shall give at least 24 hours ootice for on-site inspection and five (5) days notice for off-site
inspection.
17.6 Costs ofInsoection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shaH be borne by DIB.
17.7 Concealino Work Prior,to concealing work. DIB shaH obtain approval of work from the City and as required
by an State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up DIE Work product which is to be inspected or tested, or which will interfere with ti1e inspection or testing
activities~ for a reasonable time and DIB will have no right to additional cost or time it may incur as a result of
the Work stoppage.
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17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Artic!eXXn shall apply.
17.9 Not a Waiver of Oblioations. Neither observations by the City nor inspections, tests, or approvals by City or
others shall relieve D/B from D/B's obligations to perform the Work in accordance with the Construction
Documents. This approval is general approval only arid In no way relieves DIE afits sole responsibi1ities under
this Agreement or any and aJllaws, codes~ permits or regulations.
ARTICLE XVIII, PROJECT COMPLETION
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18, I Notice to Citv, When D/B determines that the Project is complete, D/B shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the DIE's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construc.tion Documents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
~o the Project.
18,2 Wall,-ThrouEh Inspection, A preliminary Walk-Through Inspection shall be conducted by City within ten
(10) Working Days following DIB's notice to City of completion ("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVII, Section 16.1.
J 8,1.1 PI/l7eh List, A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection,
The Punch List shall he presented to DIB by the RE within three (3) Working Days of the Walk-
Through Inspection. D/B shall correct the items listed on the Punch List within thirty (30) Calendar
Days of receipt of the punch list and prior to the Final Inspection,
18.2.2 Failure 10 Identify Items. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit DIB's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
18.3 Eauioment Demonstr3tion. Prior to fi!1aI inspection, D/B shalJ 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.
-183.1 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 Fin31 Insoection. Provided DIB has corrected the Punch List items and notified the City OfU1C correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendar Days of the Notice of Correction,
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
.
19.1 Acceotance. Upon approval by the Inspection Team during the Fina! lnspection that Project improvements are
complete and that work required on the Punch List has been finished, City shall accept the Project
("Acceptance"). Upon Acceptance, D/B shall do all of the following;
19.1.1 Nolice of Completion DIB shan execute and fiJe a Notice ofCornpletion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion,
19.12 Lien and Material Releases. DIB shan cause all contractors and subcontractors to provide lien and
material releases as to the Projec.t and provide copies ofsucb lien and material releases to the City or.
upon approval of(:ity which shaH not be unreasonably withheld, provide bonds in lieu oflien and
material releases ,n a form reasonably acceptable to City for aJ] such work
19,2 Final Completion_ Final Completion of the Project shall be deemed to occur on the last date of the following
events; (i) recordation of the Notice of Completion with a confonned copy to City; (Ii) submission of all
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documents required to be supplied by DIB to City pursuant to this Agreement, including As-Built Drawings,
.warranties. and operating and maintenance manuals; or issuance of a final certificate of occupancy.
19.2.1 As-Buills. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. DIB shall meet with City until. '!)Iisstlj:s are resolved. Upon Issue resolution, in
accordance with disputed work procedures iri Section 21.6, DIB shall submit a mylar set and three
(3) final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
19.2 No Waiver. DIB's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment Of 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 thereofby
City. nor any act of acceptance by City, nor any"faiJure to do act, nor any review ofa shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect Deliverables. Prior to Acceptance, DIB shall deliver all of the following to the City in the format
required:
20.1.1 As-Builts. D/B shall provide As-Builts in 3 sets of paper and electronic format (pdt) or CAD files on
CD disks. As necessary.
20.1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shaJI clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DIB shall clearly show, by symbol or note, the vertical location
ofthe item ("under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. DIB shall
thoroughly coardinat~ ail changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20. I. 1.2 DIB shall include all of the following on the As-Builts:
20.1.1 0.2.lDepth o[foundation in relation to finished first floor.
20.1.1 O.2.2Horizontal and vertical1ocations of underground utilities and appurtenances. with
references to pennanent surface improvements.
20.1.1 0.2.3Locations of internal utilities and appurtenance'$, with references to visible and
accesslble features of the structure.
20. 1.1 O.2.4Field changes of dimensions and details.
20.1.1 0.2.5Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program.
specifications, approved plans, equipment or materials.
20.1.1 0.2.6Details not issued with original Construction Drawings, designlbuiId plans
deferred approvals, etc.
20.1. I 0.2.7Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20.1.1 0.2.8Show Jocations of all utilities on-site with size, and type of pipe, if different than
specified.- and invert elevations of pipe at major grade and alignment changes.
20.1.10.2.9The title "PROJECT RECORD" in 3/8" letters.
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-Bullts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with emsable 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, shaH circle the area or areas affected and, in the event of
overlapping changes. use different colors for each change.
20.1.11 Operatio11 and A1ainlenaJ1ce J.1anuals. DIB shall submit all Operation and Maintenance manuals
prepared in the following manner: ...
20.1.11.] In triplicate, bound in gv, x II inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to City's Fina! Inspection.
20.1.11.2 A separate volume for each system, including but not limited to, mechanical, electrical,
plumbing, roofing, inigation, and any other system as determined by City, with a table of
contents and index tabs in each volume as follows:
20. Lll.2.1Part 1: Directory, listing names, addresses, and telephone numbers ofDlB's
agents, suppliers, manufacturers, and installers.
20. 1.1 I .2.2Part 2: Operation and Maintenance Instructions, arranged by specification
division or system. For each specification division or system, provide names,
addresses and telephone numbers of DIE's agents, suppliers, manufacturers, and
installers. In addition, Hst the following: (i) appropriate design criteria; (ii) list of
equipment; (ili) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ownershin of Proiect DeIi"erabJes. Upon Final Completion or Termination. 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, maintenancel service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
.
21.1 Warranties Reauired. DIB shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to exclude, and shall not exclude. other implicit or explicit warranties or
guarantees required or implied by law.
21.1.1 A1aterials and WOI'kmanship. D/B shall guarantee, and shall require its agents to guarantee, all work.
on the Project against defective workmanship and materials furnished by D/B for a period oft'.vo (2)
years from the date of Project's Final Completion. DIB shaH replace or repair any such defective work
in a manner satisfactory to Cit)', after notice to do so from City, and \yithin the time specified in the
notice.
21.1.2 New lIIaterials 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 other\vise specified.
21.13 Design. Constnlction, and Other Defects. D/B shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that aU work is in accordance with the Plans and Specifications and is
not defective in any way in design. construction or ot.i-ter"l.\'ise.
21.2 Form and Content._Except manufacturer's standard printed warranties, all warranties shall be on DIE's and
D/B's agent's, material supplier's, instal1er'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.
21.2.1 Durable Binder. Obtain warranties, executed in triplicate by DfB, DIB's agents. instalJers, and
manufacturers. Pr?vide Tab]e of Contents and assemb]e in binder with durab!e plastic cover.
21.22 Table ojCol1/eJ7/s. All wan-anties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
se:ction in which specified, and the name of product or work item.
21.23 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
7"
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21-2.4 De.taiL Pr.ovide fulJ information, using separnte typewritten sheets, as necessary. List DlB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
21.2.5 H'arra11lY Start Date. Except for items put into use with DIB's peITnission with date mutually agreed
upon in writing, leave date of beginning ofti::,e.of?=ty open until the date afFinal Completion.
2] .2.6 Sigl1alIlre and No/ariza/ial1. All warranties shall be signed and notarized. Signatures shall be required
tram DlB's construction contractor and where appropriate, the responsible subcontractor.
213 Term or Warranties. Unless other-vise specified or provided by law, warranties shall extend for a tenn often
(10) years from the date afFinal Completion.
21.3.1 Plal1/s, Trees, and Shrubs. Not withstanding above, all shrubs and ground cover shalt have a ninety
(90) Calendar Day warranty period and ITees shall have a one (I) year warranty period. All plant
warranties shall commence from the date ofFina! Completion. N/A.
21.4 Meetin2s. During the ten (l 0) year warranty period described in Section 21.3, DIB shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shan be he)d 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.
2 1.5 Warranty Insnection. 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 compiete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXII. DEFECTIVE WORK
22.1 Correction. Removal. or RenJacement. ]fwithin the designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective Work, the D/B shall
promptly and in accordance with the CiO"s ,,{nnen instructions and \'Irithin the reasonab1e time limits stated
therein, either correct the Defective Work, or ifit has been rejected by City. remove it tram the site and replace
it with non~defective and conforming work.
22.2-'"Citv~s Ri!!ht to Correct. Ifcircumstances warrant, including but not limited to an emergency or,D/B's failure
to adhere to section 21 .1, City may correct, remove. or replace the Defective Work. In such cirCumstances,
DIB 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 rep1acement
22.3 Non-Reimbursable Costs. All costs incUITed by D/B or D/B's agents to remedy defects are non.reimbursab1e
costs. If the City has already reimbursed the DIB for the defective work, CitY is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount:, or to make a claim against DlB's
bond if DIB has been paid in full.
22.4 Extension of War ran tv. When Defective Work, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the two (2) year, or relevant warranty period, wiII be extended for an
additional two (2) years iTom the date of the satisfactory completion of the correction, removal, or replacement.
N/A.
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shaH not limit
the remedies City may pursue under this Agreement or 1aw.
22.6 DisDutes. If D/B and City are unable to reach agreement on disputed work, City may direct DIB to proceed
with the work and compensate DIB for undisputed amounts. Payment of disputed amounts shall be as later
detennined by the Director ofPablic Services. If this decision is constested, the claims procedure in 30.)7
shall be followed. D/B shall maintain and keep all records relating to disputed work for a period of three (3)
years in accordance with Art!cle XXVIII.
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23.1 Maintenance Period. IfDIB is required to install 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 Da)'s or until Project Acceptance, whichever is longer.
N/A.
13.2 Maintenance Area. DIE or DIE's Contractor shall maintaJ. all involved areas of the ProjecL N/A.
23.3 MaintenanCE Reauired. D/B or DIE's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, roHing, trimming. edging, fertilizing, restaking, pest and
disease contro1ling. spraying, weeding, cleaning up and any other necessary operation of maintenance.
Landscape areas shall be kept free of weeds, noxious grass and an other undesired vegetative growth and
debr!!;. DIB or DIE's Contractor shall replace all plants found to be dead or in an impaired condition within
fourteen (14) days. Maintenance shall also include the following: (i) Filling and replanting of any low areas
which may cause standing water; (ii) Adjusting of sprinkler head height and watering pattern; (Hi) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, tlippings and foreign debris; (v) Inspecting
plants at least t\vice per week; (vi) Protecting a.ll planting areas against traffic or other potential causes of
damage. NI A.
23.4 Landscape and lrriO'ation Jnsne<:tion. At the conclusion of the maintenance period, City shaH inspect the
landscaping and inigation to determine the acceptability of the work, intluding maintenance. This inspection
shall be schedu]ed with two (2) weeks notice, a minimum of ninety (90) Calendar Da)'s after the plant
maintenance period commencement,. or when the D/B or D/Bls contractor notifies the City that they are ready
for the final inspection, whichever comes last. The City win notify DIB of an deficiencies revealed by the
inspection before acceptance. N/A.
235 Extension of Maintenance Period. D/B shaH extend completion of the maintenance period when, in City's
opinion, improper maintenance and/or possible poor Dr unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. D/B shall be responsible for additional maintenance of the
work until aU of the work is comp1eted and acceptable. Additional costs for failure to maintain landscaping
during 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. DIB shan include, at DIB's or DIB's Contractor's expense, a timely written
diagnosis of plant health by a certified Arbonst, should a dispute arise. Arborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
N/A.
23.6. I Same Kind and Size. 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 existing
improvements damaged during repJacements shaH be borne by DIE artd shaH not be Reimbursable
Costs. NI A.
ARTICLE XXIV. BONDS
.
24.1 Pavment Bond. D/B shan provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs.
24.2 Performa nee Bond. DfB shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%) of the GMP.
24.3 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and aI] claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after tl1e filing
of the Notice of Completion, except as otherwise provided by Jawor regulation. The Performance Bond shaU
remain in fuU force for thirty (30) Calendar Days faUowing the filing date of the Notice of Completion. (and
Acceptance, at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place
until the end of al1 warranty periods set forth in this Agreement. NI A )
14.4 Certificate of A~encv. AU bonds signed by an agent must be accompanied by a certified cop)' of such agent's
authority to acl
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24.5 Licensin2 and Ratin2. The bonds shan be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements'stiteifin Section 995.660 of the Code ofCiviJ
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 Bankruotcy, If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insoJvent or its right to do business is tenninated in" any state where any part oftbe
Project is located, DIB shan 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 ReQuirement. Except for liability for ProfessionaJ
Services covered under Section 24.2. DIB shall defend, indemnify, protect and hold harmless the City, itS
elected and appointed officers and employees, fTom 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 officia1s, 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 inc1ude any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising &om the
sole negligence or sole willful misconduct of the City, its officers. employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City. its agents, afficers, or employees which may be in combination \\'ith the active or passive negligent
acts or omissions of the DIB, its employees, agents or officers, or any third party.
25.2 Professional Senrices. 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,
indemnity and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence. errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, DfBs, and contractors arising out of or in connect~on with the performance ofthe
Design Professional's Services. Also covered is liability arising from, connect'ed 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 clalms or liabilities arising trom the sole negligence or sole willful
mis,conduct of the City, its agents, officers or employees. This section in no way'alters. affects or modifies tb.e
Design Professional's obligation and duties under this Agreement.
253 Indemnification for Liens and Ston Notices. The DIB shall keep the Project and Property iTee of any
mechanic's liens and immediately secure the release of any stop notices. The DiB shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and aIlliabiliry,
claims, costs, arid damages, incJuding but not limited to, attorney fees, arising from or attributable to a failure
to pay claimants. DIB shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. DIB agrees to defend, indemnity, and hold harmless, the City, its
agents, officers and empl9yees from and against any and all costs, damages. claims, and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the
Hazardous Materials identified in the Phase I or Phase Il Reports, if any, conducted pursuant to Article V.
D/B's indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties
and does not r~lease, or waive its rights to contribution against, any other party. N/A.
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25.5 Costs of Defense and Award. Induded in the obligations in Sections 24. J through 24.4~ above, is the DIB's:
obligation to defend, at DIB's own cost, expense and risk, any and alJ aforesaid suits, actions or other leo-aI
proceedings of every kind that may be brought or instituted against the City, its directors, officials, offic~rs,
employees, agents and/or volunteers. D/B shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officiaJs, officers, .emp1oyees, agents andJor volunteers, for any and all
legal expense and cost incurred by each ofth.em in connection therewith.
25.6 Insurance Proceeds. D/B's obligation to indemnify shall not be restricted to insurance proceeds, ifany,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers. N/A.
25.7 Enforcement Costs. DfB agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV. N/A.
25.8 SunivaI. ConsuJtant's obJigalions under this Article XXV shall survive the tennination of this Agreement.
ARTICLE XXVI. INSURANCE
.
26.1 General. D/B shaH 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 (Hi) confinned that all policies contain the specific
provisions required by section 25.4.
26~2 Tvnes of Insurance. At all times during the term of this Agreement, DfB shaH maintain insurance coverage as
f01l0ws:
26.2-1 Commercia! Genera! Liability. Contractor shall provide at its expense a policy or policies of
Commercial Genera! Liability [CGL] Insurance written on an ISO Occurrence form CG 00 010798 or
an equivalent fonn providing coverage at least as broad and which shalJ cover liability arising from
premises and operations. XCU (explosions. underground, and collapse) independent contractors,
products/completed operations,:personal injury and advertising injury, bodily injury, property damage,
and liability assumed under an insured~s contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limithig the
scope of coverage for either <<insured YS. insured'" claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten (10) .years
following substantial comp1etion of the work. AU costs of defense shaH be outside the policy limits.
The Policy shall provide far coverage in amounts not less than one million dollars ($ 1,000,000) per
occurrence for Bodily Injury, PersonalinjUI)', or Property Damage. [fCommercia] GeneraJ Liability
insurance or other fann with a general aggregate limit shall apply separately to this project/location,
the general aggregate limit shall be t','iice the required occurrence limit.
26.2.2 Commercial Automobile Liability. For all ofD/B's automobiJes used in conjunction with the Project
incJuding owned, hired and non-owned automobiles, D/B shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 12 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for o\vned. non-owned and hired automobiles e<Any AutD'~]. All costs of defense shall be
outside the policy.
26.23 ArcMtecls and Engineers Professional Liability. For all ofDlB's employees who are subject to this
Agreement, D/B shall keep in full force and effect, or D/B shall require that its architect/engineer(s) of
record keep in full force and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one mi11ion dollars ($J,OOO,OOO) per claim and two million
dollars ($2,000,000) annual aggregate. D/B shall ensure bod1 that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years after the date of completion or termination of d1is Agreement D/B agrees tl1at for toe time
period defined 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
26.2.5
26.2.6
Excess Liability. DIB shall provide Excess Liability Insurance affording one million dolJars
($1,000,000) [GeneralJy Check with Risk) in excess of General Liability and Employer's Liability
limits afforded on prima!)' policies. The coverage will be subject to the same terms, conditions, and
exclusions found in the prima!)' policies.
.-. -.,"';"
ConlraClors Pollution Liability. If the DIB- or fts Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals, materials, substa.nces, or any other
pollutants, Contractor shall provide at their ex-pense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than $3,000,000 Combined Single Limit per
occurrence/aggregate for bodny injury., property damage and remediation.
26.2.5. I Claims made policies will include a five (5) year E>>tended Claims Discovery Period
applicable to this Agreemen~ if reasonably available.
26.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shalJ
be endorsed to specifically provide for Work performed under the Agreement.
26.2.5.3 The DIB or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors PolJution Liability Insurance in which the City, its elected and appointed
officers, employees, and agents, and the D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Projec~ name of the Disposal. Site, and
the permits secured for its disposa1. 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.
Hazardous Transporters Pollution Liability. If the D!B's or its contractors' Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the D/B
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance
in an amount not less than $3,000,000 Combined Single Limit per occurrence/Aggregate for bodily
injury, property damage and remediation.
26.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work performed under
this Agreement. The DIB or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the D/B, and any upper tiered
contractor are narned additional insureds. "
26.2.6.3 The policy or Certificate must plainly designate the name of the Projec~ 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 DIB or Contractor fTom their obligations under
this Section.
26.2.7 Worker's Compensation For aU ofDtB's employees who are subject to this Agreement and to the
extent required by the State of California, D/B shall keep in full force and effec~ 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 DIB to comply with the
requirements ofthis section. That policy shal1 provide at least the statutory minimums of one million
($1,000,000) for. Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for
Bodily Injury by Disease each employee, and a one miHion 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 DIB shall file 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~
insurance, in accordance with the provisions of that code, and I \\till comply with such
provisions before commencing the performance of the work of the Contract."
~- ",' ."it"
26.2.8 Builder's Risk. To the extent commercially avallahle, the City shall provide a poiicy of"all risk"
Builders Risk Insurance. DfB 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 ofMatenals, Equipment and Fixtures
destined to become a permanent part of the structure, and coverage will-include Property in Transit and
Property in Offsite Storage. DIB shall also add its construcdon 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 1imit for this policy shaH be a minimum of $ 408,899.76 (GMP dollar
amount to refiect 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 ofCompJetion is filed, whichever occurs first. Contractor and its Subcontractors
will be solely responsible for any loss or damage to their persona! property, including contractor's
tools and equipment owned, used, leased or rented by the Contractor or Subcontractor.
26.3 Ratinu Reouirements. Except for State Compensation Insurance Fund, a11 insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an "A" Dr "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. I Non-Admitted Carriers. The City win accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligib1e Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no 1ess than
AX
.
26.4 Endorsements Required. Each poIicy.'required under Article XXVI, section 25.2 afthis Agreement shaH
expressly provide, and an endorsement shan be submItted to the City, that:
.:26.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City 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 lnsured the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO fonn CO 2010 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the EngIneer's Estimate is one million dollars ($1,000,000) Dr more shan include
liability arising out of: (i) Ongoing operations perfonned D/B or on D/B's behalf, (ii) DIE's
products, (iii) DIB's work, including but not limited to completed. operations perfonned by
DIB or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by D/B; the
coverage far Projects for which the Engineer's Estimate is Jess than one million dollars
($1,000,000) shall include liability arising out of: (i) Ongoing operations perfonned by D/B
or on DIB's behalf, (ii) D/B's products, work, including but not limited to completed
operations performed by D/B or on DIE's behaJf, or (iii) premises owned, leased, contral!ed,
or used by you; Except that in connection with, coJlateral to, Dr affecting aDY construction
contract to which the provisions of subdivision (b) of Section 2782 of the California CiviJ
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 offic:iaJs, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chuia Vista and its respecdve elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the Caiifornia
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City ofChula Vista and its respective elected officials,
officers, employees. agents, and representatives that is not covered because DfCalifDmia
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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 shaJl be
limited to obligations permitted by California Insurance Code Section 11580.04.
26.4.1. ] Commercia! Automobile Liability lnsu-. Unless the policy or policies of Commercial
Auto Liability Insurance are written on'an'lSO form CA 00 0 I 1290 or a later version of this
form or equivalent form providing coverage at least as broad, the policy or policies must be
endorsed to include as an Additional Insured the City ofChula Vista and its respective elected
.officials. officers, employees, agents, and representatives. with respect to IiabiHty arising out
of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; Except
that In connection with. collateral to, or affecting any construction conn-act 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 of ChuIa Vista and its
respective e]ect~d officials, officers, employees, agents, and representatives would be invalid
under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chu]a Vista and its respective elected officials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section J 1580.04,
the insurer's obligation to the City of ChuJa Vista and its respective elected officials, officers,
employees, agents, and representatives shall be limited to obligations permitted by California
InSIlI'3J1Ce Code Section 11580.04.
26.4.2 Primal}' and Non-CotJtriburory. The policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the City of Chula Vista, its elected officials, officers, employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maIntained by the City ofChu!a Vista and its
elected officials, officers, empIciyees, agents, and representatives shaH be in excess ofDIB's insurance
and shall not contribute to it
,:26.4.3 Waiver a/Subrogation. Consuitant'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 Limil. 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 C1aims payments not arising ITem 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 Wri1ten Notice. Except as provided for under California Jaw, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendar Days prior written notice by D/B to
the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shaH be provided.
26.4.3.1 The words "wil! endeavor" and Ubut faiJure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be deleted ITom
all certificates.
26.4.6 Additio/1all/1surance. D/B may obtain additional insurance not required by this Agreement
26.4.7 Prior /0 Starting Work. Before performing any work, DIB shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontrnctors. All COyerages for subcontractors or subconsultants shaH be subject to all of the requirements
stated herein. Subcontractors and SubcensuJtants shan be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and Sub consultants shan name
City and DIB as additional insureds under its policies.
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26.6 Ob!i~ation to Provide Documents. The DIB shalJ provide copies of documents induding but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document 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 cDmplete, certified copies of all insurance policies
required herein. /'
26.6.1 Cooperation. The D/B and its Contractors shaH cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project, including but not
limited to c1aims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the O/B.
26.7 Deductibles/Self Insured Retentions. All deductibies and seif-insurance retentions an any policy shall be the
responsibiJity afDIB. Deductibles and self-insurance retentions shall be disdosed to and approved by tl,e City
at the time the evidence of mSW"aIlce is provided. At the option of the City, either: the insurer shal1 reduce or
eliminate such deductibJes or self-insured retentions as respects the City, its officers, officials, employees and
vo1unteers; or the DrB shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
26.8 Polic.... ChantYes. D/B shall not modifY any policy or endorsemel1t thereto which increases the City's exposure
to loss for the duration afthis Agreement.
26.9 Reservation of Ri!!hts. The City reserves the right, from time to time, to review the Contractor's insurance
cDverage, 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 Othcr Obljuations. 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 renew a! during the term afthis
Agreement may be treated by the City.'as a material breach of contract.
~
ARTICLE XXVII. TERMINA TION/SUSPENSION OF WORK
.
27.1 Suspension of Work for ArchaeoloU"ical and/or Paleonto1oU"ical Discoveries. If a discovery is made of an
archaeological or paleontologicaJ interest, D/B shall immediately cease operations in the area ofthe discovery
and shall not continue until ordered by City. When resumed, operations within the area ot the discovery shall
be as directed by City.
27.1.1 Discoveries which may be encountered may include, but are not be llmited to, dweHing sites, stone
implements or other artifacts, animal bonesl human bones, fossils or any item with cultural
significance.
27.1.2 D/B shan be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement
27.2 Termination of A~reement bv City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and
proper manner D/B's obligations under this Agreement, or tfD/B shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, City shaH have the right to terminate this Agreement
by giving written notice to D/B of such termination and specifying the effective date thereof at least five (5)
Calendar Days before the effective date of such termination.
273 Termination or Suspension for Convenience bv Citv. City may terminate or suspend this Agreement at any
time and for any reason, by giving specific v:rjtten notice to D/B of such tennination or suspension and
specifying the effective date thereof, at ieast 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 AQreement bv DIE. D/B may tenninate the Agreement upon ten (J 0) days wrinen notice to
City, whenever either of the foJlowing occur:
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27.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 26. I or 26.3, for
more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume
Work or to terminate the Agreement has not been received iTom City within this time period; or,
27.4.2 Failure to Pay Amounts Due and Not in Dispule.\f-City fails to pay DIB any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by DIB of a
request therefore.
27.5 DIB Action Reauircd. Upon receipt oftl,e Notice of Termination, D/B shan take any and an action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of D/B and in which City has or may acquire an interest.
27.6 Possession. Ownershin~ and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 26.2 through 26.4. all finished or unfinished documents, data, studies, drawings,
maps, plans, specifications. reports and other materials prepared by D/B. or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become li1e sole and exclusive property of the
City.
27.7 Citv Ri~ht to Comolete Proiec:t. In the event that the Agreement is terminated pursuant to this Article
XXVlI, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 Excess Costs. In the event that the costs to complete the Project exceed the baiance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the DIB shaH
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 Work completed. In no event shall such amount exceed the total dollar amount
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shaH be 'determined in good faith by City considering the foHowing:
.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 perfonnance ofthe Project terminated~ incJuding initial costs and preparatory
expense aHocabie thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Con1J'actors' bi11s of materials and the timecards for Work actually performed.
27.83 A portion of the DIB Fixed Fee (overhead and profit) based on tl,e percentage of Work completed on
the Project; however, if DIB would have sustained a loss on the entire Agreement had it been
completed, City shaH allow no profit under this section and shaH reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date oftermination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by DIB.
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 demobiJization costs, to the effective date of such termination.
27.8.7 If termination occurs during Phase 1, n, or III, DiB shaU only be entitled to the Fees for Phases I, n, or
III, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will D/B be entitled to any consideration for lost profit or lost
opportunity costs.
27.IODeductions. The amount due DIB shall be reduced by amounts including the following:
26. I 0.1 Any claim that City has against D/B under li1is Agreement.
26. I 0.2 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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27.103 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 ofIoss, the City Manager shall exclude from the amounts payable to D/B, the fair value, as
determined by the City Manager, of property thatis)lest:royed, lost, stolen, or damaged so as to
become undeliverable to City. .
27.11 DiSDutes. If D/B does not agree that the amount determined by the City Manager is fair and reasonable. DIB
shall v,rithin thirty (30) Calendar Days of receipt ofpa)'ment, shall gives notice ofsuch disagreement to City.
The dispute shall be resolved in the manner provide for in Section 21.6.
27.12 Waiver of Claims. In the event of termination under this Article XXVII, faiJure afD/B to dispute amounts
paid in the manner and within the timeuame provided in Section 16. I I shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for ai1Y and a11 Work and Services
performed under this Agreement up to the effective date of Notice ofTerrnination. D/B hereby expressly
acknowledges and agrees that such claims shaU be ,vaived as herein provided.
27. 13Ri!zhts of Citv Preserved. In the event that the Agreement has been terminated, the terrninarion shall not
affect any rights or remedies of City against DIB then existing or which may thereafter accrue. Any retention
or payment ofrnoneys due DIB by City will not release D/B ITom liability. It is agreed that termination
hereafter \ViII not in any \\'ay release, waiver, or abridge any rights the City has against D/B's perfonnance
bond surety.
ARTICLE XXVIII. RECORDS AND AUDITS
.
18.1 Record Svstem - Reimburseable 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 DIB, during tl1e previous month. !frequested
by the City, D/B shall provide a1l backup documentation supporting such Reimbursable Costs.
28.2 Record Svstcm - Hard Construction Costs. D/B shall develop and maintain an accurate system for tracking
al1 Hard Construction Costs it incurs on the Project. Utilizing this system, DfB shall include with each
.monthly application for payment an itemization of aU Hard Construction Costs actually incurred by DIE during
the previous month.
28.3 Retention of Records. D/B, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt off1l1a1 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 tenn of the contract plus and record
retention period and as often as the City deems necessary, DIE and any or all Contractors or subcontractors
shall make available to the City for examtnation at reasonable locations within the City/County of San Diego
all of the data and records with respect to aH matters covered by this Agreement. D/B and all contractors or
subcontractors will permit the City to make audits of all invokes, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. lfrecards 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 COSlS. D/B and DlB's agents shal! aIlow City to audit and examine books, records, documents, and any
and all evidence and accounting procedures and practices that City determines are necessary to
discover and verify an costs of whatever nature, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Vi ark have been
submitted under this Agreement
ARTICLE XXIX. NOTICES
.
29.1 Writim!. Any demand upon or notice required or permitted to be given by one Party to the 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 Jaw, 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 rec~ipt requested, (iii) on the succeeding ~us~~~s day after mailing by Express Mail or after
deposit with a private delivery service of general use (e.g., f'ederal.EXpress) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
29.3 ReciDients~ Except in relation to Change Orders, all demands or notices required or pennitted to be given
shall be sent to all of the following:
29.3.J Jerry Wietsz, American Power SoJutions
29.32 City ofChula Vista - Gordon Day, Project Manager
29.3.3
29.4 Recioients ofChan~e Orders.
29.4.1 Jerry Weitsz, American Power Solutions
29.4.2
29.4.3
29.5 ChanGe of Address(es). Notice of change of address shaH be given in the manner set forth in this Article.
ARTICLE Xxx. MISCELLANEOUS PROVISIONS
30.1 Headin~s. All article headings are fortonvenience only and shall not affect the interpretation of this
Agreement ,..
302.: Gender & Number. 'W11enever 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.
303 Reference to ParaO'raohs. Each reference in this Agreement to a section refers, unless other.v1se 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. An provisions of this Agreementexpressed as either covenants or conditions on
the part oftlle City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Intcl!ration. 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 shan be valid un1ess made in the form of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this AgreemenL
30.7 Severabilitv. The unenforceability, invalidity, or illegality of any provision oftl,is Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Draftina Ambi!'!uities.. The Parties agree that they are aware that they.have the right to be advised by
counsel with 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 so1e responsibility
of each Party. This Agreement shan not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists bet\veen the main body of this
Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an
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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 requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agree'!'-ent.
30.10 Promut Performance. Time is of the essence of eachc()\ienant 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 DIB 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 Tenns and Requirements as specified in the RFP. All Federal Stimulus Plan
Requirements.
Exhibit C American Power Solutions RFQ including Statement ofW ork - 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 ControlIin~ Law. The Consultant shall comply with all laws, ordinances, regulations, and
policies of the federal, state, and local governments applicable to this Agreement, including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages 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 sucl.1 suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a 1intitation upon the powers
of the City as a chartered city of the State of California. .
30.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out
of this agreement, against the City unless a claim has flISt been presented in writing and med with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
30.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third party; however, the Parties understand and agree that City, to the extent permitted by law, is an
intended third party beneficiary of all D/B's contracts, purchase orders and other contracts between DIE and
third party services. D/B shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assi~nment. The DIB shall not assign the obligations under this Agreement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for
8~~9
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30.20 Successors in lnterest. This Agreement and a11 rights and 'Obligations created by this Agreement shal1 be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligati'Ons created by this Agreement shaH be vested and binding on any Party's successor in
interest.
30.21 [ndenendcnt Contractors. The DIB, any consultants;coritractors, subc'Ontractors, and any other individuals
employed by the DfB shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right t'O direct the D/B concerning the details of performing
the Services under this Agreement, or to exercise any control aver such perfonnance, shall mean onJy that the
D/B shall follow the direction of the City concerning the end results of the performance.
30.22 Anoroval. Where the consent or approval ofa party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
30.23 No Waiver. No fanure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement, nor any faiJure 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 aher this
Agreement, and each and every covenant, condition, and term hereof shall continue in fun force and effect to
any existing or subsequent breach.
30.24 Sian in!!' Authoritv. The representative for each Party signing on behalf ofa corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture. or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist
IN WITNESS WHEREOF, this Agreement the City ofChula Vista and have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to its tenns.
This Agreement is dated
Agreement
,:z l (p
.2010 and this date shall constitute the effective date of this
CITY OF CHULA VISTA, A Municipal Corporation
American Power Solutions Lne
By:
CHERYL 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
I ,2010.
36
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CllY OF
CHUlA 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
SUBMITTALS ARE DUE BY:
June 15,2009
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
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8-45
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TABLE OF CONTENTS
1.
INTRODUCTION................................................................................................................1
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
IT
ill DESIGN BUILDER SELECTION PROCESS....................................................6
IV REQUEST FOR PROPOSALS SCHEDULE.............................................7
V PUBLIC DISCLOSURE............................................................. ............ .....7
VI SUBMITTAL REQUIREMENTS.................................................................. 7
vn CONTRACT TERMS AND CONDITIONS......................................................9
ATTACHMENT 1- SAMPLE DESIGN BUILD AGREEMENT....................................11
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8-46
The following Request for Proposal (RFP) pertains to the city-wide retrofit of lighting
fixtures to a more energy efficient replacement. This project will consist of: an investigation
of existing lighting components, design and calculations of new fixtures and the installation
of induction and LED lighting fixtures at all CityJacilities. Pre-qualified f=s 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 of Induction and LED lighting at multiple
sites in the City of Chula Vista, California.
I. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms pre-qualified 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 incentives 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 licens",d 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
pfoposal submittal.
This RFP is intended to allow for the following scenarios:
. DB will combine work efforts with the City's current'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 proj ect.
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 pght to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP.
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
B 147
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.
II
SCOPE 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.
2.
3.
4.
5.
6.
7.
8.
Monthly proj ect status reports (including schedule and budget updates)
Coordination/interface with the City and its other consultants/contractors
Pro gress meetings
Interface and communicate with other agencies, as directed by the City.
Vendors and subcontractors management
Document control
Schedule and budget control
Quality assurance and quality control
B. Design Phase Services
Utilizing the City's required standard specifications, facility program requirements, Federal,
State and local laws, and City performance and design criteria, approved planning documents
(if available), and reports that will be identified in the DesignlBuild contract, for a typical
project, the DBT will:
1. Prepare, submit and receive City approval for any site-specific
planning/environmental documents, if required.
2. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the design for all elements of the proj ects, including but not limited
to: landscape architectural, architectural design, civil engineering, structural
engineering, mechanical design, electrical design and any specialty consulting
area.
4.
Incorporate the requirements of permitting 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 cleYrlop all appropriate environmental plans,
including but not limited to, an: all: pollution control plan, a noise abatement
plan and a hazardous materials management plan. The DBT 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 team members and City resources. Include recommendations to maximize
energy efficient and build a "green" or low-pollution project. Prepare a Value
Engineering Report of all considerations, recommendations and decisions.
The goal is to maximize the quality of construction at a cost equal to or below
the Project Budge:t.
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 bas"d on all fmdings.
8.
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.
11. 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 nom 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.
r
b. Secure a minimum of three complete and competitive bids for each
package.
c. Receive and resolve all RFI's and bid questions.
d. Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes 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 serve as the basis for preparing the
final operations Manual during the construction phase.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the approved construction drawings,
specifications and associated permits. The DBT shall also:
.
Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
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.
1.
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 QAlQC Plan to the City for review. The Plan shall not
be implemented without written approval of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
9. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QAlQC). The Plan shall include but not be
limited to; 1) a statement and definition ofQAlQC goals; 2) an identification
of QAlQC criteria and elements; 3) development of the project QAlQC
implementation plan; 4) development of the QAlQC materials, components,
equipment and system testing plans; and, 5) enforcement of the plans and
specifications.
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.
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.
Develop a project-specific Change Order Administration Plan for review
and approval by the City. Upon written approval of the Plan, the DBT shall
initiate implementation. The Plan shall 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 marmer consistent with Citywide reporting systems.
10.
11.
12.
-
8-~1
.
D.
2.
3.
4.
5.
6.
7.
8.
9.
.
'"
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. ..;..
The DBT shall conduct Operator Training Sessions for personnel.
The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
The DBT shall coordinate and expedite record drawings and specifications.
The DBT shall prepare [mal accounting and close out reports.
The DBT shall prepare occupancy plan reports.
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.
ill 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 accordance with the Chula Vista Municipal code and the Design/Build
ordinance as outlined in Section .257 of the Chula Vista Municipal Code.
IV
REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB. This RFP schedule is subject to modification in the City's sole
discretion:
Advertise and Issue RFP
SOQ Submittals Due
Notify Responsive DTB
City Council Certifies DB
.
June 2,2009
June 15,2009
June 19,2009
July 14, 2009
8-%2
V PUBLIC DISCLOSURE
Under the California Public Records Act.1:JDjoier the California Public Records Act
(California Government Code Section 6250e{seq.) records in the custody of a public entity
generally have to be disclosed unless the infonnation 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 infonnation that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
. considers such infonnation to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court withjurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQUIREMENTS
1. The submittal deadline is June,15 2009 no later than 2:00 P.M. (PST) at the
City of Chula Vis~a, 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 fannat 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 !Design Fee
Product I Fixture Submittals
,Resume (of key DB members)
. Current Insurance Documents
Proposed Payment Schedule
8-753
.
e
e
vn
3.
The submittal should focus on previous experience developing public
projects as well as knowledge of issues ge=ane 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-paceq perfo=ance schedule and within the te=s of
the contract. -
4. The submittal shall also provide the name, title, address, and telephone
number of individual( s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
5. Statement of the DBT's ability, if selected, to enter into a City contract with
the City of Chula 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 infQrmation:
I) Audited fmancial 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 fmancial commitment
4) List ofprojects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
CONTRACTTERI\fS AND CONDITIONS
City retains the right to rej ect 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.
8-~4
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to proposed a variety
of compensation structures, including: 1) time and materials not to exceed, 2) guaranteed
lump sum, and 3) percentage ofproject cost~..; ,;
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O / Professional Liability Extended
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 fum( 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 $1,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
ChulaVista.
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
gYss
.
.
.
subcontractors perfo=ing 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~~mployees 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, O\vned, 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
provlsIOns:
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
82%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 of the project is the installation of new energy efficient lighting at multiple sites in the City
of Chula Vista, California. .
The work to be done includes all " Prevailing Wage" labor, material, equipment, transportation,
interaction with staff 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 of the 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 yeaxs of experience installing replacement induction lighting
fixtures.
The foll~wing sites will be considered for a fixture retro-fit:
Otay Recreation Center Veterans Park Animal Control Facility
Corp Yard Loma 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
Sunbow 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 WaJk 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 fIxtures proposed must meet the following sta!1dards to be considered "or equal":
r
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.
:
)
. a-JSa
083109
SPECIAL TERMS AND CONDmONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM - FORMULA GRANTS
Table of Contents
~
:' .f
1. RESOLUTION OF CONFLICTING CONDITIONS..................................................................................1.
2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................................................1
. 3. AWARD PROJECT PERIOD AND BUDGET PERIODS .........................................................................1
4. STAGED DISBURSEMENT OF FUNDS .....................:............................................................................1
5. PAYMENT PROCEDURES - bDVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SySTEM..............................................................................2
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD :.................................,.........................................................................................2
7. COST SHARING FFRDC'S NOT INVOL VED..........................................................................................2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ..................................................................3
9. CEILING ON ADMINISTRATIVE COST8...............................................................................................4
10. LIMITATIONS ON USE OF FUNDS.........................................................................................................4
11. PRE-AWARD COSTS.................................................................................................................................4
12. USE OF PROGRAM INCOME - ADDITION ............................................................................................4
13. STATEMENT OF FEDERAL STEW ARDSHJP ............................,...........................................................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
22.' NATIONAL ENVIRONMENTAL POLICY ACT (NEP A) REQUIREMENTS ........................................6
23. DECONTAMINATION AND/OR DECOMtvlISSIONlNG (D&D) COSTS ..............................................7
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) ......................................................................................... 7
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009) ..............................................................:;...............................................11
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS - SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........11
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDERlNTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 (MAY 2009) ..............................................................................13
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY
2009) .......................... ......... ............ ........ .................................................. .................................................17
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009) ..........................................................................17
31. HISTORIC PRESERVATION ..................................................................................................................25
ATTACHMENT 1- INTELLECTUAL PROPERTY PROVISIONS ................................................................26
Not Specified/Other
8-59
083109
.
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS
1. RESOLUTION OF CONFLICTING CONDITIONS
.- ...,..
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the DOE A ward Administrator for guidance.
2. AWARD AGREEMEJI<l TERMS AND CONDmONS
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
1
2
3
4
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.
F ederaJ 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
.
5
6
~
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of2007, Public Law 110-140.
d. DOE Assistance Regulations, 10 CFRPart 600 at http://ecfT.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.govlbfaldias/policy/rtc/indexJsp.
e. Application/proposal as approved hy DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
httD ://manae:ernent. enerilV. Q:ov!business doe/13 74 .htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are conCUITent 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 wi]] he 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 (BECS) Only awards, funds in the amount of
$ [ ] is released to the Recipient to begin work on the EECS. The approved activities are listed in
Attachment 2, Project Activity Worksheets. 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, NEPA, historic preservation,
budgetary items, or similar issues. The remaining funds win 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 IF MARKED. THIS TERM DOES NOT APPL Y - SEE ATTACHMENT 6
a. Method of Payment Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may
submit requests as frequently as required to meet your needs to disburse funds for the Federal share of
project costs. Iffeasible, 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 sarne-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 availabiefrom
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 DOE/NNSA.
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 ONL Y TO INCREMENT ALL Y FUNDED A W AlUJS.
This award is funded on an incrementa! basis. The maximum obligation of the DOEINNSA is limited to
the amount shown 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 A WARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
Not Specified/Other
2
8-61
083109
.
project costs. The Recipient's cost share must come from non-Federal SOurces unless otheIWise
allowed by law. By accepting federal funds under this award, you agree that you are liable for your
percentage share oftata1 allowable project costs, on a budget period basis, even if the project is
terminated early or is not funded to its completion. This cost is sbared as follows:
" -
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/0/0 $/%
No.
I 0912112009 $1.974.300159% $1,395.000/41% $3,369,300
Total Proiect
b. Ifyau discover that you may be unable to provide cost sharing of at least the amount identified in
paragraph a of this article, you should immediately provide written notification to the DOE Award
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs,
as well as records of costs to be paid by DOElNNSA. Such records are subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOElNNSA of some or all the funds provided under the award.
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS
THE APPLICABLE TERM IS MARKED BELOW.
.
[ ] REBUDGETING A.ND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEFITS
.-
"- 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.durmg the
project period. If at the completion of the award the Government's share of tot a! allowable costs
(Le., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the'
difference.
b. Recipients are expected to manage their indirect costs and fringe-benefits. DOE will not amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the Wlderrecovery. Such underrecovery may be
allocated as part of the organization's required cost sharing.
[X] REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indirect costs are less than those budgeted and funded under the award, you
may use the difference to pay additional allowable direct costs during the project period. Ifat
the completion of the award the Government's share oftota! allowable costs (i.e., 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. Tbe budget for this award includes indirect costs, but does not include fringe benefits.
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
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this project nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored proj ect. In addition, fringe benefit costs shall not be counted as cost share unless
approved by the Contracting Officer.
[ ] REBUDGETING AND RECOVERY OF INDlR.E(}T COSTS - INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be charged to nor reimbursement requested for this project 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 Confracting
Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of
meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE win not amend an award solely to
provide additional fimds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any final administrative costs that are in excess of the designated 10 percent
administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the
administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored projects,
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(B), for the establishment of revolving loan fimds.
b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b )(3)(C), for subgraots to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit oflocal
government. .
11. PRE-AWARD COSTS
APPLICABLE ONL Y IF COMPLETED BELOW.
You are entitled to reimbursement for preaward costs in the amount of$[ ] for the period from
[MonthDayYear] to [MonthDayYear] in accordance with your request dated [MonthDayYear] ifsuch
costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CPR Part
600.
12. USE OF PROGRAM INCOME - ADDmON
If you earn program income during the project period as a result of this award, you may add the program
income to the fimds committed to the award and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under
this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in unusual
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circumstances to COITect deficiencies which develop during the project; assuring compliance with terms and
conditions; and reviewing technical perfonnance after project completion to ensure that the award
objectives have been accomplished.
14.
SITE VISITS
-'
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide teclmical assistance, if required. You
must provide, and must require your subawardees to provide, reasonable access to facilities, office space,
resources, and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A wil1fu1 failure to perform, a history offailure to perform, or
unsatisfactory perfonnance of this and/or other financial assistance awards, may also result in a
debarment action to pr~clude 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 (WW'W.osti.govfbridge), unless the
report contains patentable material, protected data, or SBIR/STTR data. Citations for journal articles
produced under the award will appear on the DOE Energy Citations Database
(WW'W .osti .gov! ener!lVcitatio'ns ).
c.
Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PIT), limited rights data (proprietary data), classified information,
infonnation subject to export control classification, or other information not subject to release.
16.
PUBLICATIONS
a.
You are encouraged to publish or othe:rnrise 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 bfany
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
A ward 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 othern-ise 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 MUNlCIP AL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and murucipallaws, codes,
and regulations for work performed under this award.
~...,.
j'
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. Tbe 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 btto://www.~c.doe.~ov/financia] assistance awards.htto.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the award.
The IP Service Providers List is found at
httD:/lwww.&!c.doe.2:ov/documentslIntellectuaI Prooertv rIP) Service Providers for Acauisition.Ddf
19. LOBBYING RESTRICTIONS.
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation
matters pending before Congress, other than to commurucate to Members of Congress as described in 18
D.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS - SENSE OF CONGRESS
It is the sense of the Congress that, to. the greatest extent practicable, all equipment and products purchased
with funds made available under this award shouJd be American-made.
21. INSOLVENCY, BANKRUPTCY OR RECElVERSIDP
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; (ill) 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 project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right
to conduct a review of your award to determine your compliance with the required elements of the
award (including such items as cost share, progress towards technical project objectives, and
submission of required reports). If the DOE review determines that there are significant deficiencies or
concerns with your performance under the award, DOE reserves the right to impose additional
requirements, as needed, including (i) change your payment method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance award by the Contracting Officer.
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted iTom taking any action using Federal funds, which would have an adverse effect on the
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environment or limit the cboice of reasonab]e a]ternatives prior to DOE/NNSA providing either a NEP A
dearance or a final NEP A decision regarding this project. PROHIBITED ACTIONS INCLUDE ANY
ACTIVITIES RELATED TO THE MUNIP AL SOLAR INSTALLATION PROJECT EXCEPT
THE ASSESSMENT. Other prohibited activities indude any project activities that are not inc1uded in
Attachment 2 oftills award. This restriction does notprecJude you from approved project activities
included in Attachment 2 of this award. HOWEVER, FURTHER ACTIVITIES RELATED TO THE
MUNICIPAL SOLAR INSTALLATION PROJECT REQUIRE !2illlli APPROVAL BY THE DOE
NEP A COMPLIANCE OFFICER AND UNILATERAL MODIFICATION OF THE AWARD
AGREEMENT. EECBG FUNDING ($874,300.00) WILL BE WITHHELD FOR MUNICP AL
SOLAR INSTALLATION UNTIL THIS CONDITION HAS BEEN SATISFIED. Ifvou move
fornard with activities that are not authorized for federal funding by the DOE Contracting~ Officer in
advance of the final NEP A decision, you are doing so at risk of not receiving federal funding and such
costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEP A issues prior to DOE/NNSA initiating the NEP A
process.
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or
have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the
recipient's facilities, or (il) 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 AND REINVESTMENT ACT OF 2009 (MAY 2009)
Prearnb]e
c-
The Americao Recovery and Reinvestment Act of2009, Pub. 1. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery. assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation, environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, -in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and ~conomic benefit.
Tbe Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accOlmtability, 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), aod 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 guidan'ce. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for-Recovery Act fun:d.s and to ensure those records comply with the requirements of
the Act.
The Government has not fully deve]oped the implementing instructions of the Recovery Act, particu]arly
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
Not SpecifiedJOther
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Act. If the recipient believes there is any inconsistency between ARRA requirements and cUlTent award
terms and conditions, the ;.,sues will be referred to the Contracting Officer for reconciliation.
Definitions
~;..
For purposes of this clause, Covered Funds means fu:nc!~ {xpended or obligated from appropriations under
the American Recovery and Reinvestment Act of2009, 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.
Suecial Provisions
A. Flow Down Reauirement
Recipients must include these special terms and conditions in any subaward.
'B. Se!!I'e2ation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall
be commingled with any other funds or used for a purpose other than that of making payments for
costs allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived fr01)1 the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State orlocal 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 ftmds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,
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-
(I) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or
any State or local agency administering such contract that pertain to, and involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
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(2) to interview any officer or employee of the contractor, grantee, sub grantee, or agency regarding
such transactions.
D. Publication
" ./
An application may contain technical data and .otb~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
specifical1y 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 follomng 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 oitrus 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
WWV/.recovery.gov ,maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the web site on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
sections 552 and 552a of title 5, United States Code.
E. Protecting State and Local Government and Contractor WhistIeblowers
-
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 Don-Federal employer receiving covered funds under
the American Recovery and Reinve_ent Act of2009, Pub. L. 111-5, may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Accountability and Transparency Board, an
inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to' investigate, discover or terminate misconduct, a court or
grant jury, the head of a Federal agency, or their representatives information that the employee
believes is evidence of:
gross management of an agency contract or grant relating to covered funds;
a gross waste of covered funds
a substantial and specific danger to public health or safety related to the implementation or use of
covered funds;
an abuse of authority related to the implementation or use of covered funds; or
as violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the
non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either
issue an order denying relief in whole orin part or shall take one or more of the following actions:
Order the employer to take affirmative actiou 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,
I
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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 am01Jllt of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by
the employee for or in connection with, bringing;lfe complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rigbts and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rigbts 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 of a dispute arising out of this section.
Requirement to Post Notice ofRigbts and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of2009, Pub. L. 111-5, shall post notice of the rigbts and
rem,edies 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 Inspector General
any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other
person has submitted a false claim .tinder 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. Information in sUDDort1ne: ofRecoverv Act Reuomne:
Recipient may be required to submit backup documentation for expenditures of funds nnder the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
1. 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 Fundin2 Distribution and Assurance of Annronriate Use of Funds
AD"Dlicable if award is to a State Government or an A2encv
Certification by Governor.. Not later than April 3, 2009, for funds provided to any State or agency
thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the
State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will
be used to create jobs and promote economic growth.
Acceptance by State Legislature.. Iffunds 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 locai governments for in:&astructure investments
under the American Recovery and Reinvestment Act of 2009, 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 in:lTastructure 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 AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009)
a. This award requires tbe recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery
Act funds provided through this award. Infonnation from these reports will be made available to the
public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
.
c.
Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration (http://www.ccr.gov}at all times during which they have active federal awards funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http://www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
~
d. The recipient shall report the infonnation 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 infonna!ion tha! is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MA."ffiFACTURED GOODS _
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION.
ALTERATION. MAINTENANCE. OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND
THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7.443.000. THISAWARD TERM
ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition-
(1) Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw materia] to create a material that has different properties than the
properties of the individualJ raw materials.
e
(2) Public building and public work means a public building oJ: and a public work of, a govemmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
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outJying islands of the United States; State and 10caJ gove=ents; and mwti-State, regionaJ, or
interstate entities which have gove=entaJ functions). These buiJdings 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,.~re,a:k!f-e.ters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that incJudes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other eJements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (pub. L. 111-5), by reqillring that all iron, steel, and
manufactured goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federa1 Gove=ent as fonows:
None
(3) The award officiaJ may add other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this section and condition if the Federa1 Gove=ent 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 materiaJ will increase the cost of the overa11 project by more than
25 percent;
(ii) The iron, steel, and/or mariufactured 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 shan include adequate information for Federa1
Gove=ent 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 detaiJedjustification of the reason for use offoreign 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) ofthis section.
(iii) The ,cost of iron, steel, and/or manufactured goods material shall include all dj:livery
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. lithe
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
Not Specified/Other
12
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083109
.
(2) lfthe Federal (Jovernment determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, andior
relevant manufactured goods. When the basis for;tbe exception is nonavailability or public
interest, the amended award shall reflect 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 relevant manufactured goods. When the basis for the exception is the
unreasonable cost ofllie domestic iron, steel, or manufactured goods, the award officia1shall
adjust the award amount or redistribute budgeted funds by at least the differential established in 2
CFR l76.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 ofthe Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605
of the American Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the Recipient shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
.
Description Unit of Measure Quantity Cost
(dollars}'
Item I:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Jtem2:
Forei!m steel, iron. or manufactured IZood
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.
27, REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION. .
ALTERATION. MAJI'lTENANCE. OR REPAJR OF A PUBLIC BUILDING OR PUBLIC WORK
WITH A TOTAL PROJECT VALUE OVER $7.443.000 THAT INVOL VES IRON. STEEL. AIVD/OR
MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS.
THIS AWARD TERM ALSO APPLIES TO ALL SUB GRANTS A.N1J CONTRACTS.
.
a. Definitions. As used in this award term and condition--
Not Specified/Other
13
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Designated country -
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, I9'hm%Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, Luxembourg, 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, El Salvador, Guat~mala, Honduras, Israel, Mexico, Morocco, Nicaragua,
Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods -
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials ITom another
country, has been substantially transformed in a designated country into a new and different
manufactured good distinct nom the materials nom 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 ofa manufactured good that consists in whole or in part of materials ftom 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, tetritories, and minor
outlying islands of the United States; State and local governments; and multi-State, regional, or
interstste 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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083109
.
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.
..,-..j.>--.
(1) The award tenn and condition described in thls section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of2009 (pub. 1. II I -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 appUcation of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured
goods. The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
goods and services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient sball use only domestic or designated country iron, steel, and manufactured goods in
perfOlming 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 detennines that-
(i) The cost of domestic iron, steel, and/9f manufactured goods would be UDIeasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasoI1:able when
the cumulative cost of such material \Vill 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 interest.
c.
Request for detennination 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) Tiroe of delivery or availability;
(F) Location oftbe 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 SUI"V'ey 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 deUvery costs to the
Not Specified/Other
15
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083109
construction site and any applicable dnty.
(iv) A1:Iy 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 fun~s j'ere obligated. If the recipient does not submit a
satisfactory exp1anaiion, the award official need not make a determination.
(2) !fthe Federal Government determines after funds have been obligaied for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 oftbe Recovery
Act applies, the aW1'lId official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public
interest, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron, steeL and/or relevant manufactured goods.. When the basis for the
exception is the unreasonable cost of the domestic iro~ 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(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, andlor 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 dsta based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Quantity Cost
" Measure (dollars)'
Item 1: .
Foreilm steel, iron, or manufactured I!ood
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured 200d
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 REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009)
THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT
MAY INVOLVE CONSTRUCTION. ALTERATION. MAINTENANCE. OR REPAIR. THIS AWARD
TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
Not Specified/Other
16
8-75
083109
.
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to the Recovery Act shallbe paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related.
Acts. Regulations in 29 CPR 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 fOillld 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-Bacon requirements to a particular federally assisted project to the Federal
agency funding the project. The Secretary of Labor retains fmal coverage authority under
Reorganization Plan Number 14.
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
.
a. To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 "Unifonn Administrative Requirements for Grants and Agreements"
and OMB Circular A-102 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. OMB Circular A-102 is
available at http://www . whitehouse.gov /omb/circulars/a1 02/al 02.html
c
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133,
"Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
ofF ederal Awards (SEF A) and the Data Collection Form (SF --SAC) required by OMB Circular A--
133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/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 ofpart ill on the SF --SAC by CFDA
number, and inclusion of the prefix "AR.R.i\.-" in identifying the name of the Federal program on the
SEF A and as the first characters in Item 9d of Part ill on the SF --SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of sub award and
at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
infonnation furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEF Ainfonnation to specifically
identify Recovery Act funding similar to the requirements for the recipient SEF A described above.
This infonnation is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and
the Government Accountability Office.
.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS AWARD TERM IS APPLICABLE TOARRA AWARDS WHEN WAGE RATE
Not Specified/Other
8-76
17
083109
REOUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE.
THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor"
shall mean ''Recipient'' and the term "Subcontracto:" ~ha!tmean "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.
Subrecipierzt means the legal entity to which a sub award is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Definition.-"Site of the work"-
(1) Means-
(i) The primary site of the work. The physical place or places where the construction called for in
the award will remain when work on it is completed; and
(ii) The secondary site of the work, 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, bon-ow pits, job headquarters, tool yards, etc., provided-
(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and
- (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(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 contin-aance 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 oftime 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 rime 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 hereot; or as may be incorporated for a secondary site of the 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 atld I
shall be incorporated without any adjustment in award price or esrimated 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
8-77
.
083109
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 oflaborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provis;pns of paragraph (e) of this article; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually 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 which is to be employed under the award shall be classified in
conformance vtith 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.
(ill) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) !fthe Contractor and the laborers and mechanics to be employed in the classification (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 20210
The Administrator or an authorized representative will approve, modify-, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notifY the Contracting Officer within the 30-day period that additional time is necessary.
.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits,-where appropriate), the Contracting
Officer shall refer the "questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division
for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
Not Specified/Other
19
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083109
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the
classification under this award from the first day on which work is performed in the classification.
(d)
Whenever the minimum wage rate prescribed in the award'..for a class oflaborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate; th~ 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 00 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 descn"bed in section I (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-B acon 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 I(bX2)(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) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all
payroIls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph (a) of this article. This information may
be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1)
is available for this purpose and may be purchased from the --
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the.
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the award and shall certify -
(i) That the payroIl for the payroIl period contains the information required to be maintained under
Not Specified/Other
20
8-79
.
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 tbe 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 ITom the
full wages earned, other than permissible dec:lW;ti<jps as set forth in the Regulations, 29 CPR Part
3; and
(iii) That each laborer or mechanic has been paid not Jess than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage detennination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WR-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) oftrus article available
for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails tn 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. Fwthermore, failure to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CPR 5.12.
Withholding of Funds
-'The Contracting Officer shall, upon his or her O'WD. 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 of the work, all or part of the wages
required by the award, the Contracting Officer may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship
program, even though not individually registered in the program, if certified by the OATELS
or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
Not Specified/Other
21
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083109
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the Contractor as to the entire work force under the registered
program.
; : ~'.t...
(3) AJIy worker listed on a payroll at an apprentice'w;ge rate, who is not registered or otherwise
employed as stated in paragraph (a)(I) 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 under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actua1ly
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 of~e journeyman's
hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress. expressed as a percentage ofthejoumeyman hourly rate specified
in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
!f the Administrator determines that a different practice prevails for the applicable apprentice
classification, ftinges shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the apj>licable predetermined rate for the work performed until an
acceptable program is approved.
'(b) Trainees.
(I) Except as provided in 29 CPR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training 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's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. !fthe 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 determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate in the wage determination which
provides for less than ful1 fringe benefits for apprentices. AJIy employee listed on the payrol1 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 actuaIlY'performed. In addition, any trainee performing work on thejob site in excess of
the ratio permitted under the registered program shal1 be paid not less than the applicable wage
rate ip. the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a 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
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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 CFR Part 3, which are hereby incorporated by
reference in this award.
Subcontracts (Labor Standards)
(a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or construction subcontractor on a
particular building or work at the site thereof, including without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site ofthe work of items fabricated off-
site;
(2) Painting and decorating;
(3)
. (4)
(5)
Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work;
Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(1)(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
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)(I)(ii) of the Davis-Bacon Act article, and the physical place or places where the
building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act article, in the "site of the
work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs
within the United States the articles entitled-
(I) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standards Act -- Overtime Compensation (if the article is
included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
.
(7) Subcontracts (Labor Standards);
(8) Contract Termination - Debarment;
Not Specified/Other
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(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis-Bacon and Related Act Regulations; and
.~. ..:.P
(11) Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the award articles cited in
paragraph (b).
(d) (l)Within L4 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 coveredwork 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 CFR Parts 1,3, and 5
are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.\2(a)(I).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award ofa
Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 V.S.C. 1001.
Approval of Wage Rates
Not Specified/Other
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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 \Vriting 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 applicaiole D)!vis-Bacon Act minimum wage determination
included in the award. .A..ny 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 autborize 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. mSTORIC 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 (THPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is avaHable at the following linlc
httD:/lvrww.ncshDo.ore!findlindex.htm. THPO contact information is available at the following link:
httD ://www.nathpo.or,umap.btrnl.
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
.
Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of
NHP A complete only after the Recipient has submitted adequate background documentation to the
SHPO/THPO for its review, and the SHPOITHPO has provided written concurrence to the Recipient that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
e
Not Specified/Other
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ATI ACHMENT 1 - INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD.I003)
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 otherwise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(d) In addition, in response to a Freedom oflnformation act (FOlA) request forresearch 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 oflaw, the DOE shall request, and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOlA. If.the DOE obtains the research data solely in response to a FOlA
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
subyecipients. This fee is in addition to any fees the agency may assess under the FOlA (5 U.S.C.
552(a)( 4)(A)).
Not Specified/Other
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EXHIBIT C
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39
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Desifln Build Services for the Citywide Liflhtinfl Retrofit
Pro;ect
;.
AMERICAN POWER SOLUTIONS
American Power Solutions
Peter Y oan, General Account Manager
2091 Raymer Avenue, Bldg A
Fullerton, CA 92833
(888) 827-277
peterlal,americanpowersolutions.com
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American Power Solutions - Energy Efficient Lighting
1-.;1 ",.
The RFP provided by the City of Chula Vista speaks of qesign build projects. 'WillIe there are
certainly design aspects of placing lighting systemsin"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 fLxture 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 maximize 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 faeility.
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 finn 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 ,vill simply propose
invoice/payment upon completion of each individual facility. There will be no need for a more
complicated design build fee structure.
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American Power Solutions - Energy Efficient Lighting
_ -~__ .._"-'.y-_.,.,__......,'i.t-.~.~"~e~__T--'-.-_"'- ""..,...~ _ \ _,;",,,,,",,,,-_,_,~v_~,,___~ _~~~', ~~.~:;"l-- ----'--ii::-">' _.,-~_"-_, _,~ '" ~ _ ,
'S~~1n1.0~ttijrAil,"fC'Ai:n9ti1i~"""~~ <;.-s"'" " "",-~"t"~"'~c;;'s.';;': '=_,2<'"o;;""~~""r"L'c,:;;:-~""'""-
c ~_~';'~T~~>. ~~!~~_':;~'~-i"~~;~~i""~~.~~~~;.;~*~$~?;~~~~~~~~~~::/-;'3~1?,;':~?cfE"';;~~~E~~;;gr~'
American Power Solutions was established in 2001 and has grown into an average annual
revenue of $6 Million with a project management surlI, ~jiles team, and installation crew of
nearly 40 personnel. APS is an industry leader in providing 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 office 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
will 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 Q1Y Q1Y 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 16,380.00 $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
iH. P. S. 465 12 12 260 205 3000 7,380.00 $5,460.00 $1,107.00
:'Metal Halide 1,080 16 24 210 870 1200 14,688.00 $13,080.00 $2,203.20
H. P. S. ;. 288 4 4 110 178 4380 3,118.56 $1,560.00 $467.78
.._----_.._._~-~ .--..---'-.-. .--..--.!_--- ,.-------- ".-
.." -._----.
..".. 9!1!.6.8, 16.$73,~90,~0 $1_~,~8_0,~
2
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American Power Solutions - Energy Efficient Lighting
Client References include the following:
- . _d Customer
: Contract Description of job Year Address-of Customer Contact Telephone #
,Price Name -
Energy Efficient
$120,000.00 Lighting retrofit from 2006 City of San 9601 Rjdgehaven Ct. Tom Cartier 858-492--6009
T12 Fluorescent to Diego San Diego, CA 92123
T8 and Liqhtino
Energy Efficient
Lighting retrofit from aSH Distribution 2650 North MacArthur
: $340,000.00 High Pressure 2007 Center Dr, Tracy, CA 95376 Jim Blankenship 209-833-3142
Sodium to T5 and
from T12
Energy Efficient -
Lighting retrofit from 9500 Gilman Dr.
: $223,000.00 High Pressure 2007 UC San Diego La Jolla, CA 92093 John Dilliott 858-822-2807
Sodium Fixtures to
- T8 and Induction
- Energy Efficient
: $122,000.00 Lighting retrofit from 2007 Escondida 1739 Broadway Gary Ostrem 760-480-3004
T12 Fluorescent to School District Escondida, CA 92026
Energy Efficient
: $186,000.00 Lighting retrofit fro m 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.go Lighting retrofit from 2008 Los Angeles 24501 S. Figueroa SI. Martin Sanford 310-830-2400
High Pressure County Santation Carson, CA 90745
Sodium Fixtures to
Energy Efficient
$80,545.00 Lighting retrofit from 2008 City of Chula 276 Fourth Ave. Gordon Day 619-572-7758
High Pressure Vista Chula Vista, CA 91910
Sodium Fixtures to
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American Power Solutions - Energy Efficient Lighting
-~~~ ~, .::-....:.,.~~_'<'!:::""'''E ,-~~~ ...;:::~~:.~--_ "!-r-~'>l$""_.~;:-,,"",,'~"%-'--~~~~-="'N-'~t;'!'- "'~-"" .-~:.~~,;- ~ ....("'" ~~"'-' ~ -_':0 - ..---'4 -.-' ~~~....o''''''~~i-;:;
,p;A'~EeiUIlI'Al!IflteEMEIII']:'P.'M '::::-~~-~5_" .~~~-""'>;'"~ :;'c"_,".."':J"- ,",-:,,~_:':c-~" ':~;- ""-;:"'~"::-'2{~"i
;$7~~?:'"","''''''~::~~-~~k;.~~''~~::''::~~ ~ '"~~'S.-:;"-~>:;;....J%-...--....~'-2:.."i'O?f..;;.rr,'&~';!<I:'.;-"'~~ "> ~~;;;:~1$i """it.'c'::'~,,::- ,,,P",, ~_~~,..;-'Z..:.-~"'~,~~~~
"" "";'..0--=""'"'""'""" -0- .~ ~ - -,.,.~ .~~.. ~~ ......,. ~~-'- - - ~~~ ---.. - ~. -_ - -.. ...--,
The City ofChula Vista has asked for 42 sites to becoi1sfdered 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 of time at each location, there is no need for an extensive management planas 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 construction
~ 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
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American Power Solutions - Energy Efficient Lighting
DEsi6wffiii1iS:~jiiiEl:Z~~~~i~~~:~~:;:~~~:~~~~ ~":;~~~::~~;-1~;;::~~~}~;7~~::-d~;71g
~"'~~~-~M-~""~~%~9J;--4~~-",=~o;;!~)i'{;;~'>.~:;-2~.~j;::'~-..__~~~~~~-~";;I~_~~~;;:-2-'7_-<O"'--!.~-2';;;:~~~_
_-.r-.- ~ - ~ ~ - ~. _ ~ _ __.~". ~. ~"""" ,
The RFP calls for a Design Phase Services Plan. Oric6again, 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 permits 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 swapped out 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 firm price bid. This bid can be produced immediately once information
is provided by the City.
. Tms project is founded on energy savings, so value engineering is already provided
. A Guaranteed Maximum Price will be offered once the [mal 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
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American Power Solutions - Energy Efficient Lighting
."~~~~"'!.-~~~'?;;"'.1-"".':z-~;;..,.~...-~'5::...;:::o(~::,:,:~\""'-:;r-:?.=.:::;:;~~.......~~-r.."',~~:;::'-,{""~'_>---~p"':2'\'"~"'::::I-.q_.--~,--!;~"_"-::::,~""-~~~~",,,,,,,,,,,,-,,.H,
,f::OIjliS"ERlf!Ji~O.PIt.@,EliASS--SER'UECES;,~~.~J;.:j-"" ]>;'~~",'~: ,'f~~"""'#,7'~"" '~;~~o'; ..Y_ ,.,;.~:,'" >..,.':c,:",c~~"-:;;
_;5',,~---=-*?~~<;;:~~d-~~i'''~c.';Ot'.7~:,,:-/;''~'>;"?::';r.-rt:-~.,...~'';':;: ~:;:"';?'~~~::~S""~-"'::.i:""'..,:...~.zt~, .~~~i'!-it- ..,~b :;:~dfi :-: .:' _~~j:.:.; .;;';.~J4c-;; ef'
As stated in the Design Phase Services section above; thI'lfRFP 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 for weekly meetings. APS believes that monthly meetings will suffice given
the fast paced nature of the lighting installations. Weekly 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 proj ect 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.
. Allwork will be completed according to state and local laws.
. QAJQC plans are unnecessary as this is essentially a one step installation process. APS
backs up the labor for 1 year and the materials are backed by manufacturer warranties of
up to 10 ten years.
. Record keeping will be organizedand reported during monthly project status meetings.
The details are described above ill the Project Management Plan section and reiterated
below:
~. 0 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
. Any accidents will be reported to the City immediately
OPER~1~aNS:~STAR1FU~PI:fASESEliv[c:es..'c<.,,~:"~-< .~~, ..c..... .' . c.'>
'I~-':_"'-"'+'~ -':::: - r_ -~- -.>- -~ -. "" - - . - -- ~ - - ---'
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 II months iifter 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
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American Power Solutions - Energy Efficient Lighting
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President
David H~:"
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8-94
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American Power Solutions - Energy Efficient Lighting
~~i'i]~m~~~~~~i~~Ji~~f,5f~~~~~-J$Jf~~~~~~;~~~:t~~~~~~~
. .,;.....
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 fmancing 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 (ARRA) 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 Oihour
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American Power Solutions - Energy Efficient Lighting
The follo'W1ng charts represent an ESTIMATE for the pricing of the sites identified in the RFP
document (Proposal 1 ) and an additional Proposal 2inchlding extra sites not mentioned in the
RFP. The extra sites are as follows:
. Fuel station . Bus bay
. 1800 Maxwell . Otay gym
. Yard parking lot . Veterans gym
Do to the large number oflocations, 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 ESTIMA IE for all locations identified in the RFP is totaled as
follows:
RFP ONLY SITES: CITY OF CHULA VISTA
-
PARKS.
RFP
IDENTIFIED
SITES
ONLY
340,538.74 $44,270.04 $17,026.94 $377,238.00 $360,211.06
To summarize, the proposed ESTIMA IE for EXTRA locations, not identified in the RFP is
totaled as follows:
RFP
IDENTIFIED
SITES +
EXTRAS
474:273.80 $61,655.59
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American Power Solutions - Energy Efficient Lighting
RFP ONLY SITES: CITY OF CHULA VISTA
Wattage Bum
per Wattage hours Annual
Existi~g lighting existing Existing New Ughting per new per kWh Annual $$ Rebate from Net project
Pa!k' fixture 'XU"" quantity . ibrture fixture year ssMngs savings SDGE Unit price costs
Hilltop Decorati\e 300 9 Retrofit 110 1,456 2,489. 7~ $323.67 $124.49 $239.00 $2,02a.51
Greg Rogers, . Decorati..e, " - 188' . . 13 Ret~ 82 1,456 2;'006.37' $260.83 $100.32 $239.00 $3,006.58
Greg Rogem Decorati\e 300 7 Retrofit 110 1,456 1,936.48 $251.74 $96.82 $2'39.00 $1,576.18
Voyager . . Decorati\e 300. 70 Retrofit-, 110" 1',456 .21,577.92 . $2,805.13 $'1-,078.90 $239.00 $17,563..10
Dlsco\Ery Decorathe 300 26 Ret<Ctit 110 1,456 7,745.92 $1,006.97 $387.30 $239.00 $6,304.70
Rohr . Cobra tube "188 33 Retr:cfitQL 72 1,456 5,573.57 . $724.56 $278.68 $247.00 $7,872.32
Rohr Cobra tube 250 16 Ret<Ctit 160 1,456 2,358.72 $306.63 $117.94 $263.00 $4,616.06
Rohr Cobra 300 4 c_ 1.60 1,456 815.36 $t06.00 - $4{).77 $490.00 ' $1,919'.23
Vane Undo Decorati-.e 300 6 Ret<Ctit 160 1,456 1,019.20 $132.50 $50.96 $273.00 $1,314.04
Los ~nos Decorati-.e 30~ 4 Retroiit 110 1.456 1,106.56 $143.85 $55.33 $239,00 $900.67
Lorna Verde SD Shoebox 484 2 Cobra 160 4,004 2,434.43 $316.48 $121.72 $490.00 $858.28
Lon1_s VerdE! SO Shoebox - "188' 7 Cobra 42 4,004 4,092.09 $531..97 $204.60 $35-1'.00 $2,252.40
Lorna Verde SO Decorathe 300 4 Retrofit 62 4,004 3,491.49 $453.89 $174.57 $239.00 $781.43
Mans,?l , Decoratiw' 300, 14' Ret<Ctit 110 t;4S6 3,872.96 $503.48 $193.65 $239.00 $3',1'52:35
Say Shd Decorathe 168 7 Ret<Ctit 42 1,456 1,488.03 $193.44 $74.40 $203.00 $1,346.60
-Chic.Library Shoebox 464 '2 Cobra 160 3,.640 13,278.72 $1,726.23 $663.94 $49QOO $S,2.1.6.OS
Chic Library Wall pack 300 3 Wail pack 100 3,640 2,184.00 $283.92 $109.20 $384.00 $1,042.80
Chic Library oecorath8 ",300 ,7, Ret<Ctit 80 3,640 5-,605.60 $728.73- $280.2B $239.00 ' $1,392.72
Explorer ' Decorati\e 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 $13279 $490.00 $2,807.21
Santa Valentia Decorati\8 215 z:? Ret<Ctit 62 1,456 5,228.50 $679.70 $261.42 $239.00 $6,191.58
CqttOnwood . Decorati\8 215 73 Retrofit CL' 42 . 1,456 18,387.82 $2,390.42 $919.39 $220_0D $15,140.61
Santa Cora Decorati..e 215 26 Retrofit QL 42 1,456 7,052.86 $916.87 $352. 64 $220.00 $5,807.36
Santa cOla Shoebox 1100 4 . Cobia .. ,250 . 1,456 4,950.40 $643.55 $247.52 $610.00 $2.1:92.48
Witlding Walk Decorat/l.e 216 46 Ret<Ctit 72 1.456 9,993.98 $1,299.22 $499.70 $242. 00 $11,116.30
Winding' Walk. Decorathie . '-:'.300 _ '6 ,Retrofit ' 72 1,4$ 1',99-1.81' . $258.94- $99_59- ' $242.00 . $1.352.41-
Sunset View Qecorat!..e 215 12 Retrofit 82 1,456 2,323.78 $302.09 $116.19- $239.00 $2,751.81
S!,Ii'1set Viem Decorathe - 215 69 ' Retrofit' 82 1,456 1'1,425.23 $1,485.28 $571026 $239.00 $1:3;.529:74
T~r,y , Oecorathe 300 4 Retrofit 110 1,456 1,106.56 $143.85 $S5_33 $239.00 $900.67
MaCkenzie DeCorati\8 0 0 . Retrofit', 1,4$ .0.,00 $0.00 ~a-;OO $0-_00 $0..00
Bonita Long Qecoratl\e 166 14 Ret<Ctit 62 1,456 2,160.70- $280.89 $108.04 $239.00- $3,237.96
HaMS! ' Decorathe .. 1-38- 12 Retrofit, 82 1-,456 ' 978.43 - $127_20- -$48.92- ~9-.00 . $2.8t9_08,
Hanest Decoratiw 188 6 Ret<Ctit 62 1,456 926.02 $120.38 $48.30 $239.00 $1,387.70
~age ;~ :shoebox : , 300 12 'Retrofit 110 1-,456 3;319.68 $431.56 $165.98- $239.00 $2,702.02
Heritage Decorati\A! 188 35 Ret<Ctit 62 1,456 5,401.76 $702.23 $270.09- $239.00 $8,094.91
Horizon Decorathe '_188'. '19 . Retiofit,QL 42 1..456 4,038.94 - $525:06- $2(11..95 . $220.00. $3',97&,.05,
Horizon Decorati-..e 215 4 Retrofit QL 10 1.456 844.48 $109.78 $4222 $223.00 $849.78
Skate:: . -oecoratr.e :138' 11 Ret<Ctit 42 4.004 4,228,22 $549.67 $21-1.41 $203. DO' '$2;02.1_Sg,
Skate Shoebox 300 21 Ret"'" 160 4,004 11,771.76 $1,530.33 $588.59 $263.00 $4,934.41
EuCaluptus ShbeboX .' ;-464, 1,0 } Retrofit 160 1,456 4,421;).24 $57S.41 .$22.1.31 $2S3~OO . $2,408.69_
TelTa No\& Shoebox 260 16 Ret<Ctit 110 1,456 3,261.44- $423.99 $163:07 $239.00 $3,660.93
Monte\Eilfe . Slioebox 250 . "48 . Retrofit 1111 1,456 9;784.32 ' $1.271~96 $489.22 $239.00 $10,982'.78
Monte\Ellle Shoebox 136 27 Ret<Ctit 42 1,456 3,773.95 $490.61 $188.70 $203.00 $5,292.30
Salt Creek. .' HJgh bay 464 ',24 Hi'!:;h bay' 260 1,456 7,12.8.58- . $926.71 $356.43 $455,00 $10.563.57
Salt Creek Decorat!-.e 166 115 Ret<Ctit 42 1,456 24,446.24 $3,178.01 $1,222.31 $203.00 $22,122..69
Salt Creek _ -:-:, Shoebox ~ 300,- . 14' . Cobra . 1.60 1;456 2.853.76 $370.99- ' $142.69- $490.00 $6,7'11'.31
Salt Creek Shoebox 464 8 Cobra 260 1,456 2,376.19 $308.90 $118.81 $610.00 $4,761.19-
Otay , DeCorati\e ' ,1'88 16 Retrofit QL '56 1,456 3,098.37 $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 . Decoi'ati\e 300 4, Retrofit. 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900,.67' '
3rd'Aw Decorati..e 215 100 Retrofit 82 1,456 19,364.80 $2,517.42 $968.24 $239.00 $22.931.76
Memorial '-Oi!ccirati\e 2.15 48' Ret"'" 62 1,456 9-,295;10 . $1,208.36 $484.76 $239.00 $11;,007-.24-
Harborside Qecoratiw 138 33 Retrofit 42 1,456 4,612.61 $599.64 $230.63 $203.00 $6,468.37
",MaioorSide. . . Deoorathe___ -_:,-, . - -188 12 Retrofit, 62 1;456 1,,852:.03. $240.76 $92.60 $239.00 ' -$2;775.40,
Veterans Shoebox 300 18 Ret<Ctit 110 1,456 4,979.52 $647.34- $248.98 $239.00 $4,053.02
Ve1eranj-. .... Oecorati-.e 138- B? Retrofit 42 1,456 7,961.23 , $1',035.74 $398.36 $203-..00.. $11;172,64
Sunridge Decorathe 300 5 Retrofit 110 1,456 1,383.20- $179.82 $69.16 $239.00 $1,125.84
McCanqless " Decorat:i..e - 1,8S 5, Ret"'" 62 ',456 771.68" $1:00.32 $38:58 $239.(IQ $t15&.42'
Mount.. Hawk Shoebox 138 60 Ret<Ctit 42 1,456 8,386.56 $1,090.25 $419.33 $203.00 $11.760.67
Aninis! Control oCobra, LPS " 176. 3:'- Retrofit 62 1.,456 419:33' , $84.51 $20~ 97 5239.00 $696:03'
Lot!: ~11 - Shoebox 188 84 Ret<Ctit 62 1,456 12,964.22 $1,6BS.35 . $648.21 $239.00 $19,427.79-
~\ti::LibrarY- , ShoeboX .-'300 12 . Retrofit .' 160 1-,456 2,446..08 - ,$311.99' $122.30 , $263~00 ' $3.033.70
Community Shoebox 188 30 Retrofit 62 1,456 4,630.08 $601.91 $231.50 $239.00 $6,938.50
!Community Cobra 188' ' 54 Cobra 62 1,456 8,334.14 $1,083.44 $416.7t $363.00 $19,185.29
j!t;-:'&~'2~Ji;~~-t:.~>!~.GRANJ:t';roT~1~'~'&,"%"~~?,;:'S;.,;;j:,:~~::~ ;'34O';$38'~1" ,$44;270' .''1'7'~2'''''''_
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. PROPOSAL 2: RFP Slid + EXTRA SITES CITY OF CHULA VISTA
Wattage
p" Wattage Bum Annual
Existing lighting existing Existing New lighting per new hou~ kWh Annua! $$ Rebate rom Nat project
Locations ,,","' fixture quantity '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 I $610.21 $405.00 $4,249.79
Bus bay High bay 215 6 EnduraEX 110 4,004 2,522.52 . $327.93 $479.26 $365.00 $1,710.72
Corp yard ShOVolbox 464 53 Retrofit 160 4,004 64,512.-45 ... 8,386.62 $3,225.62 $273.00 $11,243.38
1800 Maxwell $hov.box 215 18 Retrofit 42 4,004 12.468.46 $1,620.90 $623,42 $203.00 $3,030.58
HUltop Decorati..e 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
(3regRogers- Decoraliw , 108 13 Retrolit' . " 82 1,456 2,006.37 $260.83 $.100.32 $239.00 $3,006.68
Greg Rogers Decorathe 300 7 Retrofit 110 1.456 1,936.48 $25U4 $96.82 5239.00 51,576,18
Voyager ,- Decorath.e 300 7' RetroJit 110 1,456 21,577,92 $2,805.13 $1,07.8.90- $239.00 $17,563.10
Disco<.ery Dec0ratiw 300 28 Retrofit 110 1,456 7,745.92 51,006.97 $387.30 $239.00 $6,304.70
Rohr, Cobra tube . 188 33 RetroJit QL n t,456 5,573.57 $724.56 $278.68 $247,00 $7,872.32
Rohr Cobra tube 250 18 RetroJit 160 1,456 2,358.72 $308.83 $117.94 $263.00 $4,616.06
Rohr Cobra 300 4 Co,,", 160 1,456 815.36 $1-{}6.00 $40.77 $490.00 $1,919.23
VaUeLindo Decoratj\.e 300 5 Retrofit 180 1,456 1,019.20 $132.50 $50,96 $273.00 $1,314.04
Los Ninos Decbratiw 300 4 Retrofit 110 1,456: 1,106_56 $143,85 $55.33 $239.00 $900.67
Lorna Verde S Shoebox 464 2 Cobra 160 4,004 2,434.43 $318,48 $121.72 $490.00 $858.28
toma VerdeS Shoebox 188 7 Cobra 42 4,004 4,092.09 $531.97 $204.60 $351.00 $2,252.40
Lorna Verde S Decoratiw 300 4 Retrofit 82 4,004 3,491.49 $453.89 $174.57 $239.00 $781.43
Marisol. Deeorn.th.e 300 14 Retrofit 110 1,456 3,872.96 $503,46 $193.65 $239.00 $3,152.35
Bay Bhod Decoratiw 188 7 RetroJit 42 1,456 1.488.03 $193.44 $74.40 $203.00 51,346.60
Ci\icUbrary Shoebox 464 t2 Cobra 160 3.640 13,278'.72 $1,726.23 $663.94 $490,00 $5,216.06
ChicUbrary Watlpack 300 3 Wall pack 100 3.640 2,184.00 $283.92 $109.20 $384.00 $1,042.80
Chic Libmry D~rati\.e 300 7 Retrofit 80 3,640 5,605.60 $728.73 .$280;28 $239.00 $1,392.72
Explolef Decorati\.e 250 13 Retrofit 110 1,456 2,649.92 $344.49 $132.50 $239.00 $2,974.50
Santa Valentia Co""' 464 6 Co""' 160 t,455 2,655~74 $345,25 $132.79 $490.00 $2,807.21
Santa Valentia Decorathe 215 27 Retrofit 82 1,456 5,228.50 $679.70 $261.42 $239.00 $6,191.58
Cottonwood I)eo:,ratil.e 215 73 RetrofitQl 42 1,456 18.387.82 $2,390".42 $919.39 $220.00 $15,140.61
Santa Cora Qecoratiw 215 28 RetrofitQL 42 1,456 7,052.86 $916.87 $352.64 $220.00 $5,807.36
S.anta Cora Shoebox 1100 4 Cobra. 250 1,456- 4,950.40 $643.55 $247.52. $610.00 $2,192.48
Windin~ Walk Decorative 215 4B Retrofit 72 1,456 9,993.98 $1,299.22 $499.70 $242.00 $11,116.30
Winding.Walk Decmutiw 300 8 Retrofit 72 1,455 1,991.81 $258.94 $99.59 $242..00 '$.1,352.41
. Sunset View Dec0ratiw 215 12 Retrofit 82 1.456 2,323.78 $302.09 $116.19 $239.00 $2,751.81
Sunset View Decomti\.e 215 59 Retrofit 82 1.456_ 11,425.23 $1-,485.28- $571.26 $239..00 $13,529;.74
Tiffany Decorath.e 300 4 Retrofit 110 1,456 1,106.55 $143.85 $55.33 $239.00 $900.67
Mackenzie'. Decorathe 0 a Retrofit 1,456 0,00 $0.00 $0:00. $0.00 $0.00
Bonita Long Decoratiw 188 14 Retrofit 82 1,456 2,160.70 $280.89 S108.04 $239.00 $3.237.96
H""'" . Deccratille .t38 '2 Retrofit 82 t.456 97SA3 $t27.20 $48.92 $239;00 $2,819.08
HaMst Decomthe 188 6 Retrofit 82 1,456 925.02 $120.38 $46.30 $239.00 $1,387.70
J:ieritage Shoebox 300 12 Retrofit 110 1:.456 3,319.68 $431.56 $165~98 $239.00 $2,702.02
Heritage Decorath.e 188 35 Retrofit 82 1,456 5,401.76 $702.23 $270.09 $239.00 $8,094.91
Horizon -'-, Decorathe 188 -19 RetrofitQL 42 1,456 4,038.94 $525.06 $201.95 $220.00 -$3,978.05
Horizon DeC0f3tiw 215 4 RetrofitQL 70 1,456 844.48 $10S.78 $42.22 $223,00 $849.78
Skate ' Decomti., _138 " R_t 42 4,004 4,228.22 $5,49;67- $211.4_1 $203,00 $2,02".59
Skate . Shoebox 300 21 Retrofit 160 4,004 11,771.76 $1,530.33 $588.59 $273.00 $5.144.41
Eucaluptus. Shoebox 464 10 Retrofit 1'60 1.456 4,426.24 $575-41 $221.31 $273.00 "$2,50B.69
Tema Now Shoebo:w; 250 16 Retrofit 110 1,456 3,261.44 $423.99 $163.07 ." $239.00 $3,660.93
Monte>.e!le Snoebo:w; . 280 48: Retrofit 110 1,456 9,784.32 $.1,271.96 $489.22 $239.00 $10,982.78
Monte\El!le Shoebox 138 27 Retrofit 42 1,456 3,773.95 $490.61 $188.70 $203.00 $5,292.30
Salt CreeIL _': High bay 464 24 High bay 260 1.:456 1,128,58 $926.71 $356,43 $455.00 $1.0,563,57
Salt Creek Decomtiw 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
Olay 'Decoratiw 138 16 RetrofitQL 55 1,456 3,098.37 $4-02.79' $154"92 $3oo,QO $4,645.08
OIay Gym High bay 464 24 High bay 210 3,640 22.189.44 $2,884.63 $4,215.99 S405.00 $5,504.01
Otay Gym High bay 29Q . High. bay 160. 3.640 4.256.80 $553.$4- $809.17 $395.00 $2,745.83
Lauterbach Shoebox 300 23 Co,,", 110 1,456 5,362.72 $827,15 $318.14 $383.00 $8,490.86
Palomar Decorati-.e 300 4 Retrofit, HO 1',456 1.,.106.56 $143:85 $55,33 $239.00 $900.67
3rdA-.e Deccrnth.e 215 100 RetroJit 82 1,456- 19,364.80 $2.517.42 $968.24 $239.00 $22,931.76
Memoda[ Dec0rali\.e 215 4B Re_ 82 1'.456 9;295.10 $1',208.36 $464.76 $239.00 $11,a07.24
Harborside Decorntiw 138 33 Retrofit 42 1.456 4.612.61 $599.64 $2.30,63 $203.00 $6,468.37
Hi3rbol"ilide Decorati-.e 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
Vetercns ,_ Decarathe t38 5/ 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 3,640 15,579.20 $2,025.3(1 $778.96- $455.00 $8,321.04
Sunridge .Decorati-.e 300 5 Retrofit 110 1.456 1.383.20 $179,82 $69.16- . $239.00 $1,125.84
McCandless Decornti\.e 188 5 Retrofit 82 1,456 771.68 $100.32 $38.58 $239.00 $1,156.42
Motlnt. Hawk.' Shoeoox- 138 60-' Retrofit 42 1,456 8',386.56 $1,090.25- $419.33 $203;00 $1l,760.67
Animal Control CobiclLPS 178 3 Retrofit 82 1,456 419.33 $54.51 $20.97 $239.00 $696.03
Lots 3-1-1 -, _ Shoebox' 188 64 Re_ 82 1,456 12,964.22 $1,685:35 $648.21 $239.00 $19,427.79
Ci\ic Library Shoebox 300 12 Retrofit 160 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 $601.9'- $231.50 $239.00 $6,938.5Q
ICommunity Cobee 188 54 Cobra 82 1,456 8,334.14 $1,083.44 $416.71 $363.00 $19,185.29
~.*,.:~t;'Jjf2~~::i."i;~~~':GRA:ND,''I;a'FAItS;,;,__,.;~'('i ,^""-:~~'+t;->" .~... :';':';.'. ,~;p;;,~~ :;47.<<n:taD .'. S61,S55.S91<$2Z,Xt"" ""'-1.
WPs~ ---:. :~~~
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The fee structure for lighting retrofits will vary depeIid:iiig 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 will 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 of the retrofit on a building by
building basis.
There are financing vehicles available to assist the City in procuring lighting retrofits. Perhaps
the best fmance 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 of Chula 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 Eriergy
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.
m~S!~6~Tf~~{D!~!nGrJt~.~' :-.~. :~~:~:-.:- ~;,~-:-~~~,:~':;;":.;- :. :~-..:::.~.:..:~';~ ~;-.~' ~>~ ::..-1
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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All lamps will be installed with a manufacturer 10 year~fu-ranty (lamp only). Additionally, the
lamps will be rated for 5,000 Kelvin as specified in the RFP.
The product specification sheets are lengthy and detailed. They will be provided as an
attachment to this document. Please find the information within Attachment 6: Product
Specification Sheets.
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American Power Solutions - Energy Efficient Lighting
~!~~~~~~i~~S~?!Z~~qj~~~~~3:~~~i[i~:T~~~~:~~\l~~~~1!f~~~
Resumes are provided as Attachment 1 to this RFP Resp6nse 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.
___~"'~I_7)~"'.J';>;:'~a~'-"Jif",_r<""'--;<;;:'"~-~~,?>.::. -;"'_~~1:_=.::':....__,""","r'c_l~'~"_-~.-r'_"':~_"'--"">-~-<_ -,-:,--"--~I>~_.. -,~ - "">,-~-'--,;,;'
'cQ~R!E~~NJ5",B1l:tl..€''''''lJafJ!l,."EI!liE~~-"-''' '0' .i"~'" ~'~''c.,,"~'";;'';~''' 'O',~"'..-:>"c .~"".-,y,~"",.'.'" co. '';d;: r'~
":>,~~~;:~~ ':~;.f'-.o~~~:-i~~~"~i:..='~ -..~ >~:?",<:.&."7~~'I:;-g.~~~~ ';~~-"'''''-T ,1.~;,~::''-;1j-~--; ;:';:-:~ ~-? _~-:~~~~~- :::;<~~;;t;.~?
The current insurance documentation is listed as ATTACHMENT 2; CERTIFICATE OF
INSURANCE. Please read this document for details.
~~",,"j' .-"~=~~~:.oIT--;~_r~~ ^~I'~~'_'-'r:..~-~~-~---=-~'b ~~_-~"-- ~.. ..-~ - _ '_"'-' '1;;'-::- ,,;-_"_ --:.-":, .:' --, <'- ~~- - .~~-.~ _"
. P;,I~g,~.()S:.~~~!~~E;~1J,!~~E~!f"~~~J\c~~~~~~~~(;}~~9:~ )~::. ,-::,-,~ .:c.~~.~;;:-. ~~ ':,~ . i ~:, .<: .:~.
This lighting project will be a long term project given the quantity offacilities (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 pn)ject within 2 weeks of contract award. However, care
must be given to the Energy Efficiency IncentiveIRebate Programs and their time1ines.
Currently, we are in between funding cycles and may be required to wait until the new program
timelines-initiate. 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. If the construction begins too soon
for the lighting retrofits, the energy efficiency rebates/incentives may become invalid.
The payment schedule will be set to invoice MONTHL Y. 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.
14
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Americ3..TJ. Power Solutions - Energy Efficient Lighting
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ATTACHMENT 1: KEY PERSONNEL RESUMES
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American Power Solutions - Energy Efficient Lighting
David Han, President
Education: .
BA Civil Engineering, Hanyang Universitr, 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 CI0 License
Jerrv Weitsz, Manal!er of Sales & Marketinl!
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
Pa.ul Lee, Supervisor ofInstallation
Education:
BA Electrical Engineering, Inha University, Seoul Korea
CI0 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 Knil!ht, Ener!!V En!!ineer
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
Ene~gy Engineer, California Center for Sustainable Energy
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American Power Solutions - Energy Efficient Lighting
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ATTACHMENT 2: CERTIFICATE OF
INSURANCE
-'
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ACORD. CERTiFICATE OF LIABILITY INSURANCE I OiIt.={IIMDDt'N'f'f)
611512009
-""... (888) 825-4322 THIS CER11ACATE IS tsSUED AS A MATTER OF INFORMATtON
Bowemtaster & Associates + ONLY AND CONFERS NO RIGHTS UPOMTHE CERTIFICATE
P.O. Box 8028 j" HOLDER. ,THIS CERTIACAiC DOES NOT AMEND. EXTEND OR
108es HoId..- s_ - SIlite:lSO ALTER THE COVERAGE AFFORCED BY Ti'iE POUCIES BElOW.
Cyprus. CA 9D63D INSURERS AffORDING COVERAGE IWC.
..- American Power SolutiQrtS. Ine. 1N!!OItI!IIt ~ The Hartfonf Insurance Groun ""'4
2091 Raymer Aye '# A 'tISUIIO:I!I. Hartford Casualtv Insur.mca C
Lcc--2 sublocd ~ Cc Endurance Wotters' Comoens;tion InsUl
FuGerton. CA 92833-2664 ....-"-
Nst:fee
THE PQUCIES OF lH3unANCEua'i'ECBEI..OWJoO.AVE =CEN ISS".JEO TO it!e IN3UREC NNAec A&OVE FOR iHE POUCYPERlOO ~CICAT""o:C.. NOTWI7HS7ANCING
ANY Jt~, TERU OR. CONC171ON OF ANY COHT'RA.CT OR on-ER ~Wmi ;eaPECTTO WHJCHiHl3 CE~TE MAY ae IBSVm CR
UAYP!RrAIN. THE INS\JRANCEAF""""::::RCeD SYTHEP0t..JQE2 DESCRlBEJ HEOI.E!N 1SS4"B..1ECTTOlIU. THE15W3, EXCl..UI31CN3ANC CCNcmcN8 OF SUCH
PO'..JCrE3. AGGRSGATI!i LIMn SHeWN MAY HAve SEH REClJ'CCC iI"t FAo"O Q..AIt.l3.
u. ... 'rYPeO"I~ 'CUe' ItUIIlleII. "&.Lffi:~~;:y:- ~~~ ......
-"-"""-""' OACH=---O . 1,000.0.0
A X .! 3W~CWIII9W.LWlI.lTT 72SBAUU~S7 12/1212008 12112J2D09 ~'''~I!.SI'&,~ . ......
Cl..;UWtllMZ:e I!J QCCUIt MeOiEXP~_~1 . n.De
~!tO!I'AL&ArN1!tJUftY . 1,000,08
~~n! . 2,000.(I.IJ
Yi':-:r;....n,- ~.C::CWOOACC . 2,000,08
X PCUC'I' ~ ~
~LWIIUrY 72UECIV07S7 CCIIIIN!I:I::aIlGU!L.I'..-T . 1,006,011'
B - ""=. 1211212008 12/1212009 (<o-
X AU ONHe=>AUTCI!I .....,"'""" .
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. $10,000 .
WI)ftI(I!RS~TIIOII"'" ~S1001198801 f~~'::t.llcyr-
C ~.-"., 3/112005 3I112tJ10 !'.L~AC:ctHJ' . 1,000.000
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caCD'TJClllOI'0fItIItA1ICNILOC:.a1'1OJt01~IDll:!..Ual:lMII~l'rf ccr 'f1We:IA.L~1I1ONIS
10 day DOCIce or ca.ncelllOon mr non-payment of premIum"
RE: Energy EMCIency UgIrtIng Retront.at MlIltIpfe FaclutJe. III the CIty of C1Nla V16ta. CA -11M Clty or Chula Vleta. M omcer:a. O1'TtClall.
mployeee. agent&. and wiant.... are Dltad 38 Adl1monal _ured ~r th4 Bu81neee UaDmty eoY<<age fOrm 130008. attacned to this pOlicy.
~ MY Of'1MI-MIOYI: tlCC:JUIIC IOOU:CZII::S.CCAMCIU..a) 1IIIf'OQ,1MlCOIftA'ftOII
C;ty of Chulo Irma ~1'1~ TtCIISI!iUMIIMllIIftCIt'Mu..IIIaA\at70MM. 3!- M'tS'MI:I'nD
Public Senice Buikfing NCmCI "",... ~.HCL#at IWIe:I 'fa ncl.tPf,lM' Il.UJMI rooc eo-.w.
276 Fowth Avenue ..-oIII1IIO~IJCATeCIII"WMJ'fY<:#""""KlIIDUllCIITM-._lU!lt,na~Ctlt
Chura Vista, CA~1910- .,.IIIISIDIfTA'nYItS.
-............... ~-(:' ~ ....-::::......s;;-_.
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American Power Solutions - Energy Efficient Lighting
AMERPOW4f
SHBU
COVERAGeS
CERTIFICATE HOLDER
CANCELUnoN
ACORD 2S (2001lD8)
~ ACORD CORPORATION 1m
18
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American Power Solutions - Energy Efficient Lighting
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ATTACHMENT 3: FINANCIAL STATEMENT
e
FINANCIAL STATEMENT (PAGES 20-29) INCLUDED WITH ORIGINAL DOCUMENT
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American Power Solutions - Energy Efficient Lighting
" of
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ATTACHMENT 4: PRICING ESTIMATE
For RFP stated locations ONLY
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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 vear savings savings SDGE Unit price costs
Hilltop Decorative 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
Greg Rogers Decorative' 188 13 Retrofit 82 1,456 2,00637 . .' $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 ;571 ;92 '$2,805.13 $1,018,90 . $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 OL .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 $13250 $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 SDC Shoebox 464 2 Cobra 160 4,004 2,434.43 $316.48 $121.72 $490.00 $858.28
Lorna Verde SDC Shb!'!box 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 13,872.96 $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 13,278,12 . $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 OL '42 1,456 18,387.82 $2,390.42 $919.39 $220.00 . $15,140.61
Santa Cora Decorative 215 28 Retrofit OL 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 $247.52 .. $610.00 $2,192.48
inding 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 11,991.81 $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
iffany Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Mackenzie Decorative . . 0 o '. Retrofit. . .' 1,456 . 0;00. . $O.OO-c- .' $0.00 $0.00 $0.00
Bonita Long 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 ., '.. I "$2-39.00. '., ' $2,B19.08
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 $239.00 $8,094.91
Horizon .. Decorative. .' . 188 ,19 Retrofit QL.' ..42, . .1,45.6 4;038.94 $525,06 . . $201 .95 $220.00 . .' $3,918.05
Horizon Decorative 215 4 Retrofit QL 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 '$675.41 $221,31..' . .'$263,00' $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 '$926.11 $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 7$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 1215' ....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 $2,175.40
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 $19,427.79
Civic Library . Shoebox 300 12' Retrofit .' 160 1,456 . 2,446.08 .... $317.99 $122.30: $263:00 . $3,033;10
Communitv Shoebox 188 30 Retrofit 82 1 ,456 4,630.08 $601.91 $231.50 $239.00 $6,938.50
ICommunitv .' Cobra I 188'. .54 Cobra '82 1,456 8.334;14 $1 ,083.44 $416.7L. .$363.00 $19,185.29
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A!nerican Power Solutions - Energy Efficient Lighting
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ATTACHMENT 5: PRlCING ESTIMATE
F or EXTRA Locations
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. PROPOSAL 2: RFP SITES + EXTRA SITES CITY OF CHULA VISTA
Wattage
per . Wattage Burn Annual
Existing lighting existing Existing New lighting per new hours kWh Annual $$ Rebate from Net project
Locations fixture fixture ouantltv fixture fixture per year savlnos. . 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 bav High bay 215 6' Endura EK .110 . 4,004. 2,522.52 . ....$327.93 . $479.28' '.$365.00 . $1,710.72
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 Showbox . . 215 18 . Retrofit '., 42 4,004 12,468.46 "$1,620.90 $623.42 $203.00 $3,030,58
Hllltoo Decorative 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
Greo Rooers Decorative .' 188 '13 Retrofit. . 82 1,456' 2,006:31 . $260,83 $100.32 $239.00 . $3,006.68
Greo Rooers Decorative 300 7 Retrofit 110 1,456 1,936.48 $2504 $96.82 . $239.00 $1,576.18
Vovaoer Decorative 300 78 Retrofit 110 1,456 21,571.92 r- $2,805.13 . $1 ,078.90 . $239.00 $17,563.10
Discoverv 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 1456 5,513.57. $724.56 . I $278.68 . $247.00 $7,812.32
Rohr Cobra tube 250 18 Retrofit 160 1,456 2,358.72 $306.63 $117.94 $263.00 $4,616..06
Rohr Cobra' q . 300 4 Cobra " '. 160.. 1,456 815.36 . $106.00 .$40.7,7. .'$490.00 1"$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 1 . $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
Marlsol 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
Civlo 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 oack 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
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 I' $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 . $241.52 . $610.00" $2,192.48
Wlndino Walk Decorative 215 48 Retrofit 72 1,456 9,993.98 $1,299.22 $499.70 $242.00 $11,116.30
Wlndlno 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 $511.26 $239.00 $13,529.74
Tiffanv Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Mackenzie Decorative .... o . 0 Retrofit... 1,456' . 0.00. .... $0.00 $0.00 $0.00 $0.00
Bonita LonQ 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 $4892 $239.00 $2,819.08
Harvest Decorative 188 6 Retrofit 82 1,456 926.02 $120.38 $46.30 $239.00 $1,387.70
Heritaqe Shoebox . 300 12 Retrofit 110 1,456 3,319.68 $431.56 $165.98 $239.00 I. $2,702.02
Heritaqe Decorative 188 35 Retrofit 82 1,456 5,401.76 $702.23 $270.09 $239.00 $8,094.91
Horizon Decorative 188 19 Retrofit QL . 42 . 1,456 4,038.94 $525.06 $201.95 $220.00 $3,978.05
Horizon Decorative 215 4 Retrofit QL 70 1,456 844.48 $109.78 $42.22 $223.00 $849.78
Sl<ate Decorative 138 11 . Retrofit 42 4,004 . 4,228.22 . $549.67 $211.41 $203.00 $2,021.59
Sl<ate Shoebox 300 21 Retrofit 160 4,004 11,771.76 $1,530.33 $588.59 $273.00 $5,144.41
Eucaluotus . Shoebox 464 10 Retrofit 160 . 1,456 4;426.24. I .$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
Salt Creel< . High bav 464 24 High bay 260 1,456 7,128.58 $926.71 $356.43 ' . $455.00 $10,563.57
Salt Creel< Decorative 188 115 Retrofit 42 1,456 24,446.24 $3,178.01 $1,222.31 $203.00 $22,122.69
Salt Creel< Shoebox 300 14 Cobra . .. 160 1,456 2,853.76 '$370.99 . $142.69 $490.00 $6,717.31
Salt Creel< Shoebox 464 8 Cobra 260 1,456 2,376.19 $308.90 $118.81 $610.00 $4,761.19
Otav Decorative 188 16 Retrofit QL ' ..55 1,456 3,098.37 $402.79 $154.92.' $300.00 $4;645.08
Otav Gym High bay' , 464 24 High bay 210 3,640 22,189.44 $2,884.63 $4,215.99 $405.00 $5,504.01
Otav 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 I 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 $2,77<3.40
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
Sunridge . Decorative 300 5e- 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 Librarv 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 $416.71 $363.00 $19,185.29
:\"":"";:.:,'j:!~""t'i",p',,,r'f";,,:,,,).:i":fiir!,GRAND:\TO.TAIlS..t:F?i.tlii:~"ri,:",.,,,,,,,.pi:V'i;W':I!W:~;,i ~474;27'3'80'1&!:1!6'11655r591"'$_2Ji'~
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American Power Solutions - Energy Efficient Lighting
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ATTACHMENT 6: PRODUCT SPECIFICATIONS
SHEETS
-
36
8-113
.
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'us UghtingTech
..-..-.;...
I 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 onflnstant restrike
. Applications: Warehouse, Retail, Show Rooms, Repair Facilities
:SP(~(~~~i?it~~~;";~:~_~~,~~::>~=>~f)~~~::C ":~'=~~;:~( '~'~~:~'-~~" ,:_;,'~.~~~~-'~-::-,-'_ '.~ :~': --_:~ :~
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Induction amp
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
" (Kelvin) (Hours)
200 17,000 85 5,000 100,000
.
Driver
Wattage Input voltage In put current In putfrequency Power OPerating temp Input power (W)
(W) range (VAC) (A) facto r
200 120.277 1.77-0.77 50/60Hz I 0.98 .30 t01220F 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)
~~~:~zo~~.:.:~ '.'-:;~." <_:-.\~ .,"" :"<: :.=.:. --.. . - . '. -<>
Series Voltage Wattage Kelvin Temp Reflector Diameter
. RI I 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 \NVv'IN.US[jghtingteC!lf~~ f'1t888)878-3249 Fa~(562)4274055 info@us!ightingtech.com
.' . . ..... ...... .....
.' . ",' . . ..'
lJSLightingTech
Project:
Type:
Quantity :
Ridgeline Highbay 200
"
~<~~.~::r~~:;~,;~r ~ ~~~~; <~~~~~~~~~~:~~gr~e~n~[~~~:~:' ,~~ :-.'_~f~': --'~;'~~~~~~~-~L:,:~'J
10.19"
00
16.7"
30.7"
22"
~"':~~:~~:~:~::~<- .'"~"~,.:'~~~:,,-':~~/EC9nOmic$.~' '. ::.. :~<>~~-~.~_~"-c:c_~ ".,:~' :~.;
.
'. IndLIctio n.
Wattage
200W
CRI
85
Lamp life
100 000
Pupil lumens
27 540
Design lumens
17 000
Operat1ng costs
$2,208*
High Pressore Sodium,
Wattage
400W
CRI
21
Lam p life
24,000
PUPi~~;ens
28, 00
Designflumens
50,000
Operating costs
$5,078*
'Based on 0.12 KW/H, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal Hill, CA 90755 www.LJslightingtech8~"1 't~8a)87a-3249 FaX(~62)42!-4055 info@uslightingtech.com
.
. ".... . .
us Ug htin gTech
-"
Project:
Type:
Quantity :
Ridgeline Highbay 250/300
@
., ;..p
. Wattage: 250W and 300W
. Long life: Average life of 100,000 hours
. High index, CRi: 85; Makes coiors 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
S-J':--O'fii>-f;;o-~~:~~-G~:';I:C:_O,.,~~:,~,:-,::.>,~;~--';- ~:,~~---':: -- ~,',"'" ~:: ", - " - -~-"c':':
neCI caLon .-' ---'~--""" ",,-,-. --'L -- -." -"" _ __ _
---'~~'-<"'_-J-'-:;:--,:::,""'~~';-:~~':::Z;;-:--'4':"'::~->"-~"\';...7'_~_'-:-:...:....,....-_._....--~- .,?:~:~-'.--~-~; .;:-:..::.. - ::..:-_. _-",~' _ _-.- __~- ";
L
Induction amp
Wattage (W) Luminance (LM) CRI Color temperatu re Average lifetime
(Kelvin) (Hours)
250 21,250 85 5,000 100,000
"
300 25,500 85 5,000 100,000
.
Driver
Wattage In put voltage Input current Input frequency Power OP'1rating temp In put power (W)
(W) range NAC) (A) factor
250 120-277 2.21-0,96 SO/60Hz 0,98 -30 t01220F 263
300 120-277 2.65-1.15 SO/60Hz 0,98 -30 to122OF 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)
Old' --- 'o'G--''''''---";,,,'=- "': ,: ~ .- ~__: . ___--7-~~, ~__, ,: ~ ,- - , ,,',~
" enng UIUe,,,, '_'_0_ __", __ _ _ _' _ ,', _ '_ ___
~"'!'~q,iflf9fYc.~_5K-j(IiZ2i.' -'c:_:--'-<:', ':: :.: /, '-, '_-_ ',',' --, _:' ,- 'e
Series Voltage Wattage Kelvin Temp Reflector Diameter
. RI I 120V/277V I I I 5K I I I I
250W AL: Aluminum 22: 22"
300W 30: 30"
2665 Temple AVe. Signa! HII!, CA 90755 WWW.usIightjngtec~.::..1 r~88)878-3249 Fax(562)427-4055 info@uslightingtech.com
". " ...,. ...... . '. ,. '.
. '. -, ." "
'.lJS LightingTech
. .-.-....
I Project:
Type:
Quantity :
Ridgeline Highbay 250/300
~,~1S~,.;.._:. -:>~'~~;{:~c~j~:;,~~~ ~~ :-, :",~.!-.};:.,~:~:i: -'.". ~n,~,.:][, ~~i-';::.~~<f.2~~_~.-::._~----.-:..~!:-_~,.\. ~.~ _
,.-~~q"" -.."c..-.... ,'G-." ',' '0,'... ';';;;"'.',.u{lt1enSlons. ".'. . " .... '. ...., ;"h
---.:7~~~,;,::..~<"-1;::::::"''');,,,:-~;'''--:.."1'_''-..'p;;~~ft:-,'!__'~ 1-' ~~ . ~ ~''"-1c''':!~;."t, ~-c'- ~:~~'" -~ ,;S., "o;,..!-' ~~ ,,,-;~,.-..~'i -~ r r_',: -_ =<: .~" ~ L" ,. _ ~- __ i ,
9,6"
0.7"
25.6"
22.4"
30.5""
': ~:~.-..._;~~:.'~::\~.;~:~c:'o':'.,' _~.;;~ ':;:Econoijic:st:~~ ..~. .'>':~._:~/_ .... <'.:~:::~:=~
-
C -lIldu:ctrEln -: _ _ -"\-- - -EnauctiorT'-- .
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"
-. H'glifPressu:rE Sodium. High Pressure S-odiumc
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.US!ightingtechg~' 'hf88)878-:3249 Fax(562)4274055 info@uslightingtech.com
. '.' . ....
.'. .
"USLightingTech
.
.~
Project:
Type:
Quantity :
Empire Linear Highbay
@
-."...,..
. Wattage: 400W
. Die cast aluminum with electrcsta~c painted surface for heat
resistance, corrosion-resistance and long life
. Moun~ng: suspended by pole or chains
. Long life: Average life of 100,000 hours
. Instant on and Instant restrike
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibra~on resistant: electrodeless design allows for use in high
vibration applicaTIons
~ --~<--;L;:;'~-:':'_,"'--~.."-__~-;-d~:...:-~-_-.:,:,,,-",,"-:..'::.-.:'"":~~J'~:.<--=-,__H!._'__-T ,:._-.~,-= ~""' -.-"~- -_r.._~__,~ .--; ~ '::,-;':--'!_,":l:
""he""tTl!""'fIOR"':"" ~'o' '--, ,., '-''''',~""-"".,,., .,-,_, - ,-, ,,',' '-c'"
..9:.1ic - ~.:-~!:"~~~-: ,,-'__~f,;.;''!'~~:-'-:"O"''''r,,-'- _ ~:,.5~ ^~-~,._-~ ':' _"'" " ',~ -_~-::~ . '~-" )'-.-_~ -_ _:::. _- _ -,__ - _ -_-::-;'. ~- ,,,--~~ -:::' _<'_. ,.: -, :,_._ ~
Induction Lame
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
,,' (Kelvin) (Hours)
400 34,000 85 5,000 100,000
.
Driver
Wattage Input voltage Input current In putfrequency Power Operating temp In put power (W)
(W) range (VAC) (A) facto r
400 120/277 3,57/0.96 50-60Hz 0,98 -30 t0122'F 420
Housing
. Die cast aluminum with powder coat white finish
. Protection class: IP43 (solid bodies diameter 1 mm and rainfall)
,
=!~~:!:~~~~~,~,~.., . :~-,';"_-- '.t":~~~' >:~:~ ..~:'--':~~> ~ ~~:~:: ,0,,' ,~:. ' ; ~ 733
-J
Series Voltage Wattage Kelvin Temp
e EM I I 400 I I 5K I
120V
277V
2665 Temple Ave. Signal Hill, CA 90755 ,'VVWN.USlig~tingtec~~"1 ,~88~878-3249 Fax(562)427-4055 infc@usJightingtech.com
,.....'........... .' ...... '.'.'. . ....: '.
USLlg hUngT ech
Project:
Type:
Quantity :
.~
Empire Linear Highbay
~r-;~-~::~';;. ~>~:~-~~~~~-:/:~,f~-~~y~:.:--~~~'L~~~~~/~-~~~.t~ ;.'n';:;'~';: ';'';-"~'~ .Io;a~~~"..~~.:~.;;:?~~cs:n.:,~:: ~',;~)::I=::~ ;~r;,- ~ _)~'-:: ~.-/:__::..::~~~.o;~
~~. c..'_ ,,-.q''', ',.,-,-, 'e'" ,,~ . ,y'C".... ,'~' ,......meos.. os"....... ,'- " _ ._,'.. ,....,' ." i .,,~ ,....'"
,+J.1~ ~'ii-i'~t"~,o- ~'~"';?,"~~"~ . ,-:"". ;< ~-,-);: :....., ".::~-::-~~--;.::-,,~"'Jd'_" ::.=.~~ ,.,,_,~.+~,. ,~>..... ..1,< ,^,," -~-,\.~-, '-;:.' . ,- . '~..-.: 1':.'7; ~1o .r .- '_. ';<l, ~~':.' ,-~o;;.. ~~~'"
I
. 20.35" --
~. I ~~
47.40"
I
.
.
i
!
7.07"
,~~~ ;:.~~:~:'~:,:::":{~<:~ ~ \"=:'~'~:. :~~'~~,.~ ~cQnomic~,~~~>.: :~. ;.', ,:<~ ,,~... '. :::. i': :-. ~:,~,.:~':~::
..
IJ'lductian
Wattage
400W
CRI
85
Lam p life
100 000
Pupil lumens
51 840
DesIgn lumens
32 000
Operating costs
$4,415*
Metal Hallde- ,
Wattage
1,000W
CRI
65
Lamp life
9000
Pupil lumens
163 900
Design lumens
110 000
OperatIng costs
$11,783*
),
"
)
*Based on 0.12 I0N/H, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal HiU, CA 90755 WWW.USJightingtec~~rr; 't~88)878-3249 Fax\562)427 -4055 info@usHghtingtech.com
. . ..... .
'. .... . .
os UghtingTech
.
.--.
Endura Canopy
Project:
Type:
Quantity :
@
"
. 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"W x 12.5"L x 10.6"H
. EZ Screw in lamp
. Universal mounting bracket
: '~-',,".--:-"-:;::~.;i--'~':CIc;--_.I;::..:J~ ,.-.. -;~7- ;':;'-:-5-'~.~'_ .-;_' _ _ :_~:.,. -~.-_~'~-""_:._' ';_"_-" _, ",~. T_ _:- _ _. _ :__::;_~
.Sp.eClfl.....4'lO"'. .- - . ,-. ". .' ". '. .."... -- . . ".-- '. "'h, . '. .
'--n~':;--.,:-'~~ ~f~~-:.~;~G~-~._::;.::;';;:-;~_'~:~:~;:,~::-~-:.:;;;~~-..:-__--=_~ ~~__ -..2~:_':-{._~_~,~-,. ',,_~--~::'-~~',. ~_r~~_~-~' '-__ - ~ <', '/ '.~~
l
Induction amD
Wattage (W) 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
Wattag e Input voltage In put current Input frequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
80 120-277 0.74.0.32 50-60Hz 0.98 .30t0122OF 88
100 120-277 0.93-0.40 50-60Hz 0.98 -30 to122OF 110
Housing
. Die cast aluminum casing with powder coat carbon gray finish will withstand the eiements
. UV-proof heat-resistant poiycarbonate lens won't turn yellow
. Heavy gauge steel reflector for optimum performance and life
. Protection class: IP43 (solid bodies diameter 1 mm and rainfall)
~'rlt~~~~:~:~~;':-:::~ :,.'>;: '.::/:: :.C:.':' ~~<"':.'..' -'.,:c:, - - '. .c:'~~
Series Voltage Wattage Kelvin Temp
. EN I 120V/277V I I I 5K I
080W
100W
2665 Temple Ave. Signal Hill, CA 90755 WW\N.USlightingtectg~, W88)878-3249 Fax(562)427-4055 info@usJightingtech.com
,,' .' .. ..., .'"
.....USLIghtingTech
Project:
Type:
Quantity :
--..,;.: . .
Endura Canopy
: "~~~~"[~:',.- --'--~,:;: ~:.-:~:'J~~~~~-;:- _~'.s.~-'~-\""-~~~~:~~~~:-~~~?
-"'-":'::'~ _"'"""--~:';;\L%"'~""'1'~:::-,L~~~'f;~_,'''''''''l:::_-=-:'':~r-<'':';.I;'Eljmenslons '~"-J'.-""~; ~i -St~! --"" ~ ~- ::''--1, ~ . !..~-'--'
",~__"_,t" ~ '- "__,,-,,.,\,- ,-~"",<-. ~~,_ f~UI ~ r . ,...., ~ ,-;;., '~~J-_ ,~"- _ ~ -~ < ."""_""1 \'. c- ": ' ~. -," _. -'"",,... ~~ ~ ~ -_ ~~" "07~. ;-1." ~~
12.54"
o
'"
o
"
12.54"
'~!:~:;:~~.~f.~.~'~-:t:;.~~'='. ::-~ '~~ .~. ',;:. ' '.:!=.cbnomics '. :' :::.' -. ,.....c. "-; ";:~.~- :: : _ ~.' ;;,
-., ,Induction ,-, ", Induction .
Wattage
80W
CRI
85
Lamp life
100 000
Pupil lumens
11 016
Design Lumens
6800
Operating costs
$858*
Wattage
100W
CRI
85
Lamp life
100 000
Pupil lumens
13 770
Design Lumens
8500
Operating costs
$1,156*
.
High Pressure S'o~- Metal Halid'e ~
Wattage
150W
CRI
21
Lamp life
24 000
Pupil lumens
9120
Design Lumens
16 000
Operating costs
$2,172*
Wattage
175W
CRI
65
Lam p life
7500
Pupil lumens
20 860
Design Lumens
14000
Operating costs
$2,905*
";
*Based on 0.12 KW/H, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal Hill, CA 90755 WWW.US1ightingtech80.T1~f88)87~,..324SFaX(562)427-4055 info@uslightingtech.com
.
.. . .
. . - ..
. . .
US LightingTech
--.-;.
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: Commencal buliding and warehouses
-~~!S~~ti2'~:~~~~~~~:~:'-':-,~'"<J?';;~::-; .~;~<~:c"~~\ ~ \: ~~'.~;,::::: _':'<:"~,i,:.~:' ;"_ ~~~','
Induction Lamo .
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)
CW) rangeCVAC) CA) factor
40 120-277 0,38-0.17 50-60Hz 0,98 -30 t01220f 45
80 120-277 0,74-0.32 50-60Hz 0,98 -30 t01220f 88
100 120-277 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)
.
.
.
-...
~iJ~~;:;;~:'-:~ ~,':~'~~:':~:~-: -~~" ~,~~->, :~' ,'-,' --~ "'~<::
Series Voltage Wattage Kelvin Temp
. 01 I 120V/277V I 5K I
040W
080W
100W
2665 Temple Ave. Signal HilI, CA 90755 www.uS!ightjngtec~~9 ~88)878-3249 Fax(562)427-4055 info@uslightingtech.com
. .. .... ........
"USUghtingTech
~..
Project:
Type:
Quantity:
Diamond Wall Pack
1,~;~~t~;~~~\';-~~;~i~~~}~~k~\~j~Q$1~~~;~I~::~' /"_ ~;~j{~~":,~_:,: :~"':'_ ~:;_~~~~~;{~~
J-::=
13"
:::j
18"
9"
I
~~~J:~~~~=j -:"':~~~:'~_: --~-.~: -~';.'~"~ ~~Ec'OnQrOfC$c ~'::-~~:'~- '~ ' , " ,c" , c ::.-:
-
'~__~-,:Igdllctian .''<T~:. Ina;:tctian''::--.. --~_,' IITd uctfan , ,
Wattage Wattage Wattage
40W 80W 100W
CRI CRI CRI
85 85 85
Lamp life Lamp life Lamp life
100 000 100 000 lOa 000
Pupil lumens Pupil lumens Pupil lumens
5508 11 016 13 770
Destgn Lumens Design Lumens Design Lumens
3400 6800 8500
Operating costs Operating costs Operating costs
$473* $858* $1,156*
tliqn-PressurecSo€l'ium' 'fifgfl. P-ressurec SodIum ~ .;, Metal Halide-, '.-=-
Wat~ge Wattage . Wattage
70W 150W 150W
CRI CRI CRI
21 21 65
Lamp life Lam~ life Lamp Ufe
24,000 24 000 11 250
Pupil lumens Pupil lumens Pupil lumens
3591 9 120 18 625
Design Lumens D~lgn Lumens Design Lumens
6300 16 000 12 500
Operating costs Operating costs ' Operating costs
$1,128* $2,172* $2,399*
*Based on 0.12 I<W/H, 10 years of use, 8760 hours/year
2665 Temple AVe. Signal Hill, CA 90755 WWW.uslightingtech8~1 P2~88)878-3~49 Fax(562)427 -4055 inro@uslightingtech.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
~~~~J.f~~!g~!!~~~{~~t~~;;~~=f~~i~~~~~~~~~~~~:~~i~- ;'~:~.,~~~'~'~~~, J'~~~_~ - :~:'L-::-~ ".~:-_ ~ :-:~-~- - .,-. '__' -~'_' :~:-
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Induction amn
Wattage (W) luminance (lM) CRI Co 10 r temperatu re Average lifetime
(Kelvin) (Hours)
100 8,500 85 5,000 100,000
u
200 17,000 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp Input power (W)
CW) rangeNAC) CA) facto r
100 120-277 0.93-0.40 50-60Hz 0.98 -30 to122OF 110
200 120-277 1.77-0.77 50-60Hz 0.98 -30 to122OF 210
Housing
. Die cast aluminum casing with electrostatic painted surface for heat-resistance, corrosion-resistance and
long life
. Anodized aluminum for superior lighting performance
~~~~~"",~"m!ii.jU~i~~~~:~~,::~,~:r~:~;>.,~_: ;~,-~~'<~~~;~ ~~: - ,':'-~:'~_ :~<: " '7C~ ':', _.c~: ~
Series
Voltage
I 120V/277V I'
Wattage Kelvin Temp
I I 5K I
PA
100W
200W
266~ Temple Ave. Signal Hi!!, CA 90755 WWW.USlightjngteCh'Ef~ ~~(~8)878-3249 Fax(562)427-4055 info@uslightingtech.com
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US,Li"g'htln'gTech
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I Project:
Type:
Quantity :
Parker Area Lighting
~~. :~~\f~:~~~'~~:~~::~;3~,l~~t~~~~~;~~~;~'~'?;;;'=-;)~};lD:'~~~,~ -;A'f~~&", lU~?~~.~':. :~;~'~_~~-:~~::'~l ,J,,~~~~/-~: ~_~=:: :::::~-'~~:~~
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16.00" 100W
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16.00" 100W
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Induction - .- _ Induction ,--
,
Wattage . Wattage
100W .OOW
CRI CRl
85 85
Lamp life Lamp life
100 000 100 000
Pupil lumens Pupil lumens
, 13 770 27 540
DesIgn Lumens DesIgn Lumens
8,500 17 000
Operating costs Operating costs
$1.156* $,,208*
- Metal Hallde- -- Metal Halide'--
Wattage Wattage
175W 400W
CRI CRl
65 65
Lamp life Lamp life
7500 7500
Pupil lumens Pupil lumens
20 860 53 640
DesIgn Lumens Design lumens.
14 000 36,000
Operating costs Operating costs
$2,905* $5,436*
*Based on 0.12 KWfH, 10 years of use, 8760 hours/year
2665 Temple AVe. Signal Hill, CA 90755 WWW.US!ightingtech8~"1 '~88~8:8-3249 Fax(562)427-4055 info@uslightingtech.com
. ..
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.
.......---..
Street Lighting
Project:
Type:
Quantity:
-
Cobra 100
@
. 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
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Induction amD
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 In put 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 t0122'F 45
80 120/277 0,74-0.32 50-60Hz 0.98 -30 t0122'F 75
100 120/277 0.93-0.40 50-60Hz 0.98 . -30 t0122'F 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.
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Series
Voltage
I 120V/277V I
.
co
Wattage
Kelvin Temp lens Type
I I 5K I I I
040W
080W
100W
PG: Prismatic Drop Glass
FG: Clear Flat Glass
BG: Clear Drop Glass
2665 Temple Ave. Signal Hill, CA 90755 www.uslight!ngtech.com Phl888)878-3249 Fax(562)427-4055 info@uslightingtech.com
8-12b
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US LightingTech
Project:
Type:
Quantity :
Street Lighting
-
Cobra 100
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Wattage Wattage, Wattage
40W 80W 100W
CRI CRI CRI
85 85 85
Lamp life Lam p 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 8500
Operating costs Operating costs Operating costs
$473* $858* $1,156
CHighn?'ressure:-Sodi1:tffi: ' HigliPressureSudrnm ~Higli Pressure Sodium
Wattage Wattage Wattage
70W 150W 250W I
CRI CRI CRI
21 21 21
Lamp life Lamp life Lamp life
24 000-:. 24 000 24 000
Pupil lumens Pupil lumens Pupil lumens
3591 9120 15 675
Design Lumens Design. Lumens Design Lumens
6300 16 000 27 500 ,
Operating costs Operating costs Operating costs
$1,128* $2,172* $3,354
*Based on 0.12 I<;NfH, 10 years of use, 8760 hours/year
2665 Temple Ave, Signal Hill, CA 90755 WWW.USljghtjngteChg~"1 ~88)878-3249 Fax(562)427-4055 info@usJightingtech.com
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Project:
Type:
Quantity :
.
~
Daytona Tunnel Lighting
@
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200W
400W
. Wattage: iOOW, 200W and 400W
. High index, CRI: 85 makes colors look brighter and vibrant
. Vibration resistant: electrodeless design aliows for use in high-vibration appiications
. Instant on and Instant restrike
. Applications: Tunnels, Recreational Areas, Bridges
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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 NAC) CA) factor
100 120/277 0.93-0.40 50-60Hz 0.98 -30 to122'F 110
200 120/277 1,77-0.77 50-60Hz 0.98 -30 to122'F 210
400 120/277 3.57-1.55 50-60Hz 0.98 -30 to122'F 420
Housing
. Aiuminum casing with two side covers
. Anodized aiuminum reflector and flat toughened glass
. Ga'ftight seal, heat-resistant silicon rubber and front opening structure
. Protection class: IP65 (Dust and low pressure water) .
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Series Voltage Wattage ' Kelvin Temp
. I' DA I I 5K I
120V 100W
277V 200W
120/277V 400W
2665 Temple Ave. Signal Hill, CA 90755 WWW.Uslightingtecrg~~ ~~88)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Project:
Type:
Quantity :
Daytona Tunnel Lighting
ii~~:~1~2:~i~~~J~~9.~~:~
100W f
11.61"
1
. 23.62" .
200WI r
400W 12.2"
1
A
+--14.57" -
Wattage A (inches)
200W 27.95"
40QW 48,03"
-14.57" -......
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, -
Wattage Wattage Wattag~
100W 200W 400W
CRI CRI CRI
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'
',Eiigl'riPteS5ure Scrdium .- Higtf I!ressure,Scrdiurn . HigJ:r Pressure-S'odium-
Wattage Wattage Replaces
250W 400W 1,000W
CRI CRI CRI
21 21 21
Lamp life Lamp life Lam p life
24 000 <.. 24 000 24 000
Pupil lumens Pupil lumens Pupil lumens
15675 28 500 79 800
Design Lumens Design L.umens Design Lumens
27 500 50 000 140 000
Operating costs Operating costs Operating costs
$3,354' $5,078* $11,764*
*Based on 0.12 I<W/H, 10 years of use, 8760 hours/year
2665 Temple AVe. Signal Hill, CA 90755 wv..w.USIi9htingteChg~m1 ~g.88)87a-3249 Fax(562)427-4055 info@usIightingtech.com
..
" ,. '". .
. .
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Project:
Type:
Quantity:
.
~
Street Lighting - Cobra 200
@
-"
. Wattage: 1 OOW, 150W, 200W and 250W
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeiess design allows for use in high-
vibration appiicatons
. Instant on and Instant restrike
. Applicatons: Street Lightng, Area Lighting
~pe~~!l~a_~~~:!:~;~~;i -:~~;'; ~;~ ~~;;~~~.:,::-::~~:~;:~~~.:~_~~-:~-~~~~~~_~J~-:~~o2~- ~:.~~- -.~ - ~~ -~~~~t~;- ;~J~- ~.L<_ ~':'~=~'.> :~~;
Induction LamD
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 In put current In put frequency Power Operating Temp Input Power (W)
CW) range (VAC) CA) factor
100 120/277 0.90-0.41 50-60Hz 0.98 -30 to122OF 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 to122OF 210
250 120/277 2.29-0.99 50-60Hz 0.98 -30 to122OF 263
Housing
. Die cast aluminum alloy housing and aluminum alloy top cover
. Electrostatc painted surface for heat-resistance, corrosion resistance and long iife
. IP 65 - Lamp and driver are totally protected against dust and low pressure water jets
. Poly carbonate or giass tempered lens is impact resistant and resilient against high temperature
. Anodized aiuminum reftector - Provides type Iii iight distributon pattern
~:~~,_","~G~_U~~~~:;-_:_ :~- .;- :.<::.:~~~. . ~ : _' '-_}~;.,:-~.,;-:. >_-'__~_ _~ __: _-,~:--~c:
Series
Voltage
I 120V/277V I
.
co
Wattage
Kelvin Temp Lens Type
I I 5K II
100W
150W
200W
250W
FG: Clear Glass
. CG: Clear Polycarbonate
2665 Temple Ave. Signal Hill, CA 90755 \WIW.USlightingteChg~m1 ~cr88)878-3249 Fax(562)427-4055 info@uslightfngtech.com
. .' ...... .,..... ....
'..U$[IghtlngTech
--
I Project :
Type:
QuantIty :
Street Lighting - Cobra 200
.......
. .
~~';~~;,~4;:J~t~~~~~r]~~~~~~~:~~~j":=:.,.;:,:,,;:c~:'~~
A 100W and 150W
B 200W and 250W
6.6"
A32"
842"
6,6"
A 32"
842"
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._:..... -~:""-~--_ ,.-~..;-~ .:\(_.:~~~~~-~_~' .::, J~ _ ~-_= ~ _" _ _1.:_ :-- pI:, -...~_ _1-' -" ~. _ - _ - , --:._-:~_
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.' ,,--,,' ,- "
,,wattage Wattage Wattage Wattage
100W '. 150W 200W 250W
CRt CRt CRt CRt
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 20 565 27 540 34 425
Design Lumens Design Lumens Design Lumens Design Lumens
8500 12 750 17000 21 250
Operating costs Operati ng costs Operating costs Operating costs
$1,156* $1,682* $2,208* . $2,765*
.Hfg,ffi Pres5UFe~5'O'd!,tIm':: Rigf1,CPressu re Sodirfm~':l)tig:tt Pressure S.odium: Higb Pressure Sedlbm
Wattage Wattage Wattage Wattage
250W 250W 400W 400W
CRt CRt CRt CRt
21 21 21 21
Lamp life Lamp life Lamp life Lamp life
24 000 24 000 24 000 24 000
Pupil lumens Pup~llumens Pupil lumens Pupil lumens
15 675 15 675 28 500 28 500
Design Lumens Design Lumens Design Lumens Design Lumens
27 500 27 500 50 000 50 000
Operating costs Operating costs Operating costs Operati n9 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 Hill, CA 90755 WWW.USIi9hti~gtecng~'1 ~88)878-3249 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 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 A}nJ
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. G0210)" to American Power
Solutions, which will be funded through Capital Improvement Project GG210 and eimbursed
_ through the CEC Loan Program.
Richard A. Hopkins
Director of Public Works
.
Presented by