HomeMy WebLinkAbout2010/06/22 Item 6CITY COUNCIL
AGENDA STATEMENT
~~ ~ ~ ~~~ CITY OF
---~ CHULA VISTA
6/22/10, Item~_
ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $2,051,600 IN LOAN FUNDS FROM
THE CALIFORNIA ENERGY COMMISSION TO INSTALL
ENERGY EFFICIENT INDUCTION STREETLIGHTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT
FOR THE "CITYWIDE STREET LIGHTING RETROFIT" PROJECT
(GG214) TO SOUTHERN CONTRACTING, INC. WHICH WILL BE
FUNDED THROUGH FISCAL YEAR 2010/2011 CAPITAL
IMPROVEMENT PROJECT GG214, REIMBURSED THROUGH
THE CALIFORNIA ENERGY COMMISSION LOAN PROGRAM
AND AUTHORIZING USE OF ALL AVAILABLE
CONTINGENCIES
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
DIRECTOR OF CONSERVATION & ENVIRONMENTAL
SERVICES
REVIEWED BY: CITY MANAGER
ASSISTANT CITY ANAGER ~~
4/STHS VOTE: YES ^ NO
SUMMARY
The Public Works Department has been conducting an energy efficient streetlight assessment
project in hopes of saving energy, reducing the size of our carbon footprint, and helping
contribute to a safe public environment.
There are two solutions defined due to the fact that different technologies perform better at
certain mounting heights and upfront cost is also a factor. Both solutions offer reduced energy
and maintenance costs of up to 50 percent while improving light quality. Solution one is to use
LED luminaires for all new construction and improvement projects that include roadway
lighting. The second solution is to use 55-watt induction luminaires to replace existing 100-watt
high pressure sodium (HPS) luminaires on residential streets throughout the city. By retrofitting
4,600 streetlights with induction lighting technologies the City will reduce its energy
consumption by 862,000 kwh per year, a cost savings of approximately $199,300 annually. The
project will be funded through the California Energy Commission's (CEC) 1%-interest loan
program and San Diego Gas & Electric's (SDG&E) energy efficiency rebates.
6-1
6/22/10, Item
Page 2 of 4
Qualified firms with design build experience were solicited to present proposals for review.
Based upon the submitted information, the most responsive proposal from a qualified candidate
was chosen.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies
for Protection of the Environment] of the State CEQA Guidelines because the energy savings
resulting from the energy efficiency project will contribute to reducing Chula Vista's greenhouse
gas or "carbon"' emissions thus improving air quality. Therefore, no further CEQA
environmental review is necessary.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
The project was presented to the Resource Conservation Commission (RCC) at their April 27,
2009 meeting as part of the City's Energy Efficiency & Conservation Block Grant Strategy.
Although the RCC did not take formal action, the Commission expressed general support for the
Strategy and the identified projects.
DISCUSSION
All Citywide facilities were identified as potential sites for an energy upgrade and retrofit as part of
the City of Chula Vista's Local Government Partnership with San Diego Gas & Electric (SDG&E).
SDG&E Engineers and City of Chula Vista staff have researched all possible efficient and cost
saving methods to bring all City of Chula Vista facilities up to our cun'ent energy saving guidelines
and standards.
As part of that effort, on December 15, 2009, the Department of Public Works issued a Public
Request for Proposals (RFP) for the "Municipal Street Lighting Retrofit Project", pursuant to §
2.57 of the City's Municipal Code, to design and construct lighting fixtures for the citywide
street lighting retrofit installation ("Project") to qualified Design-Build firms.
The following companies were sent requests for proposals: Patterson Brothers Lighting, Lekos
Electric, Select Electric, T&M Perry Electric, Southern Contracting Company, and American
Power Solutions.
The ranking of firms through the bid process qualified four (4) respondents for interviews:
Patterson Brothers Lighting, Lekos Electric, Southern Contracting Company, and American
Power Solutions. Following the interviews, Southern Contracting Company was selected as the
respondent who best met the design, monetary, and time criteria of the project with whom City
could negotiate an agreement.
As part of D/B's proposal, D/B submitted a "Not to exceed Gross Maximum Price" of the
Project in the amount of one million nine hundred sixty seven thousand five hundred seventy one
6-2
6/22/10, Item~o
Page 3 of 4
dollars ($1,967,571.00) ("Estimated Cost"/"EC") including an eighty four thousand and twenty-
nine dollar ($84,029.00) City held contingency to initiate design of the proposed project.
Following City's approval of 90% Construction Documents ("CD") and with the approval for
funding through a California Energy Commission (CEC) loan, D/B shall submit a Guaranteed
Maximum Price ("GMP"), at which time staff may return to Council if the GMP exceeds
$2,082,571.
This facilities improvement project is part of the City's broader efforts to promote energy
efficiency at municipal sites and to lower citywide greenhouse gas or "carbon" emissions. The
SDG&E/Califomia Public Utilities Commission Local Government 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 the improvements, staff was authorized by City Council to pursue up to $9.1
million of low-interest financing from the CEC and SDG&E to fund the installation of energy
efficiency and renewable energy technologies at municipal facilities (as amended under
Resolution #2010-064). Under the resolution, the City Manager was also authorized to negotiate
and execute all documents associated with the low-interest financing. As a result, the City of
Chula Vista was recently awarded a $2,051,600 loan from the CEC for the induction streetlight
retrofit project.
The 1%-interest financing, which is partially subsidized by the American Recovery &
Reinvestment Act of 2009 and is repaid through the annual energy cost savings estimated at
$199,300, will be combined with up to $115,000 of SDG&E rebates (paid directly to the
contractor) further lowering the net project costs. The $2,051,600 loan will be appropriated
through the Fiscal Year 2010/2011 budget process.
DECISION MAKER CONFLICT
Although some Councilmembers own property within a 500 foot radius of the properties
involved in the decision making, pursuant to California Code of Regulations Section
18705.2(a)(1), no conflicts exist as the decision will have no financial effect on the
Councilmembers' properties; therefore, the Councilmembers are not disqualified from
participating in the decision making.
CURRENT YEAR 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 the CEC Loan Program which
provides 1%-interest to fund facility energy efficiency improvements. The resulting energy cost
savings (approximately $199,300 annually) will be used to repay the financing over the 10-year
payback period. Total net project costs will also be reduced through energy efficiency rebates
estimated at $115,000 from SDG&E (paid directly to the contractor), while City staff time will
be supported through the SDG&E Local Government Partnership which is funded by California
utility ratepayers under the auspices of the California Public Utilities Commission.
The new capital improvement project (GG214 Induction Lighting -Residential Street Lights)
was approved by Council on June 8, 2010 as part of the Feaz Year 2010/11 CIP Program. At this
6-3
6/22/10, Item ~O
Page 4 of 4
time, staff recommends approving a Design Build Agreement with an effective start date of July
1.2010.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (Southern Contracting Inc)
B. Contingencies (City Held) $1,967,571.00
84,029.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,051,600
ONGOING FISCAL IMPACT
The $2,051,600 CEC Loan's debt service would be fully offset by $199,300 in estimated annual
energy savings (simple payback 10 years). After the financing is repaid, the City's General Fund
would realize the full energy cost savings annually. In addition, the City will realize more
immediate energy cost savings as utility rates increase every few years and as routine streetlight
replacement costs are avoided.
The final debt service amount will be determined upon completion of the project based on the
actual expenditures. The debt service will be repaid through a reduction in utilities expenses in
the General Fund. Staff will include this change as part of the FY 2012 budget process.
ATTACHMENTS
Attachment 1. CEC Loan Agreement
Exhibit A. Design Build Agreement
Prepared by: Gordon Day, Building Project Manager, Public Work-Engineering
Brendan Reed, Environmental Resource Manager, Conservation & Environmental Services
]:\Engineer\AGFNDA\CAS2010\OG-O8-l OW l 13 Induction Streetlight Council Agenda_FINAL.doc
6-4
RESOLUTION NO. 2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $2,051,600 IN LOAN FUNDS
FROM THE CALIFORNIA ENERGY COMMISSION TO
INSTALL ENERGY EFFICIENT INDUCTION STREETLIGHTS
WHEREAS, the Public Works Department has been conducting an energy efficient
streetlight assessment project in hopes of saving energy, reducing the size of our carbon
footprint, and help contribute to a safe public environment; and
WHEREAS, by retrofitting 4,600 streetlights with induction lighting technologies the
City will reduce its energy consumption by 862,000 kwh per year, a cost savings of
approximately $199,300 annually; and
WHEREAS, the project will be funded through the California Energy Commission's
(CEC) 1%-interest loan program and San Diego Gas & Electric's (SDG&E) energy efficiency
rebates; and
WHEREAS, the City of Chula Vista was recently awarded a $2,051,600 loan from the
CEC for the induction streetlight retrofit project.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept $2,051,600 in loan funds from the California Energy Commission to
install energy efficient induction streetlights.
Presented by
Richard A. Hopkins
Director of Public Works
6-5
RESOLUTION N0. 2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT FOR THE "CITYWIDE STREET LIGHTING
RETROFIT" PROJECT (GG214) TO SOUTHERN
CONTRACTING, INC. WHICH WILL BE FUNDED THROUGH
FISCAL YEAR 2010/2011 CAPITAL IMPROVEMENT
PROJECT GG214, REIMBURSED THROUGH THE
CALIFORNIA ENERGY COMMISSION LOAN PROGRAM
AND AUTHORIZING USE OF ALL AVAILABLE
CONTINGENCIES
WHEREAS, all Citywide facilities were identified as potential sites for an energy
upgrade and retrofit as part of the City of Chula Vista's Local Government Partnership with San
Diego Gas & Electric (SDG&E); and
WHEREAS, SDG&E Engineers and City of Chula Vista staff have researched all
possible efficient and cost saving methods to bring all City of Chula Vista facilities up to our
current energy saving guidelines and standazds; and
WHEREAS, as part of that effort, on December 15, 2009, the Department of Public
Works issued a Public Request for Proposals (RFP) for the "Municipal Street Lighting Retrofit
Project", pursuant to § 2.57 of the City's Municipal Code, to design and construct lighting
fixtures for the citywide street lighting retrofit installation to qualified Design-Build firms.
WHEREAS, the following companies were sent requests for proposals: Patterson
Brothers Lighting, Lekos Electric, Select Electric, T&M Perry Electric, Southern Contracting
Company, and American Power Solutions; and
WHEREAS, the ranking of firms through the bid process qualified four (4) respondents
for interviews: Patterson Brothers Lighting, Lekos Electric, Southern Contracting Company, and
American Power Solutions.
WHEREAS, following the interviews, Southern Contracting Company was selected as
the respondent who best met the design, monetary, and time criteria of the project with whom
City could negotiate an agreement; and
WHEREAS, as part of the proposal, Southern Contracting Company submitted a "Not to
exceed Gross Maximum Price" of the Project in the amount of two million fifty one thousand six
hundred dollars ($2,051,600) ("Estimated Cost"/"EC") including a twelve thousand one hundred
forty seven dollaz ($12,147) contingency to initiate design of the proposed project; and
WHEREAS, Following City's approval of 90% Construction Documents and with the
approval for funding through a California Energy Commission (CEC) loan, Southern Contracting
Company shall submit a Guaranteed Maximum Price (GMP), at which time staff may return to
Council if the GMP exceeds $2,082,571.
6-6
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 Street Lighting Retrofit"
Project (GG214) to Southern Contracting, Inc. which will be funded through Fiscal Yeaz
2010/2011 Capital Improvement Project GG214, reimbursed through the California Energy
Commission loan program and authorize use of all available contingencies. n
Presented by
to
Richard A. Hopkins
Director of Public Works
Attorney
6-7
ATTACHMENT /
ENERGY CONSERVATION ASSISTANCE ACCOUNT LOAN AGREEMENT
LOAN NUMBER:
PRINCIPAL AMOUNT:
PROJECT TERM:
006-09-ECE-ARRA
$2,051.600.00
12/2/2009-12/2/2011
This Loan Agreement (the "Agreement") is entered into as of the date it is executed by both
parties hereto, between the California Energy Resources Conservation and Development
Commission (the "Commission") and City of Chula Vista, a city (the "Borrower") located in
San Diego County, Califomia.
1. STATUTORY AUTHORITY AND LOAN
A. Pursuant to the purposes authorized by section 25410, et se of the California
Public Resources Code (the "Energy Conservation Assistance Act"), the
Commission has approved the Borrower's loan application dated October 14,
2009, which is not attached but is expressly incorporated by reference herein.
B. Subject. to the terms, covenants, wnditions, and including Special Conditions
contained herein, and the Budget Detail attached as Exhibit A hereto (the
"Budget Detail") to the extent it modifies the Borrower's loan application, the
Commission shall make a loan to the Borrower (the "Loan") in the amount of
two million, fifty-one thousand and six hundred dollars ($2,051,600.00),
evidenced by a Promissory Note (the "Promissory Note") for loan number 006-
09-ECE-ARRA attached hereto as Exhibit B.
2. PURPOSE
The Borrower agrees to expend all funds disbursed pursuant to this Agreement only
for the purposes and in the amounts set forth in the attached Budget Detail (the
"Project"). Any other use of funds disbursed hereunder shall require prior written
approval by the Commission.
3. LOAN DISBURSEMENT SCHEDULE
A. The Commission agrees to disburse funds to the Borrower upon the
Borrower's execution of the attached Promissory Note and any appropriate
security instruments and required supplemental documents, including invoices
as required in Section 3.B below.
B. Loan funds shall be disbursed on a reimbursement basis based on invoices
submitted by Borrower in a form approved by the Commission. Backup
documentation for actual expenditures, including such items as timecards,
vendor invoices, and proof of payment must be provided to substantiate the
ECAA Pub Entity Loan Agreement ARRA SEP - 1 - Rev. 10/29/09
6-$
request. Commission staff will approve invoices only after verifying requested
amounts against backup billings and determining that expenses are appropriate
and used for the authorized purposes of this Loan. For executed Agreements,
invoices fox expenses incurred during the Project Term are eligible for
reimbursement.
C. All invoices must be submitted within thirty (30) days after Project
completion.
D. Ten percent (10%) of the Loan amount will be withheld as retention until the
final report is received from the Borrower and the Commission's Project
Manager determines the Project has been satisfactorily completed.
4. LOAN REPAYMENT AND INTEREST
All funds disbursed hereunder, together with all interest payable thereon, shall be
repaid to the Commission in accordance with the terms of the Promissory Note. The
Loan shall bear simple interest at the annual rate set forth in the attached Promissory
Note on the principal balance of Loan funds disbursed to the Borrower. Payment of
said interest shall be due at the time of semiannual scheduled Loan .repayment
installments to the Commission, and interest shall accrue from the time of disbursal of
funds to the Borrower until receipt of full Loan repayment to the Commission.
5. TERM
A. The effecfive date of this Agreement shall be the date on which it has been
executed by both parties hereto.
B. The Borrower agrees to complete performance of its obligations under this
Agreement within the applicable periods stated in this Agreement.
6. PREPAYMENT
The Borrower shall have the right to prepay all or any part of the amount of this Loan
at any time without penalty.
PROMISSORY NOTE
In order to evidence its debt to the Commission hereunder, the Borrower agrees to,
contemporaneously with the execution of this Agreement, execute and deliver to the
Commission the Promissory Note (attached as Exhibit B hereto).
8. ACCOUNTS, AUDITS, AND RECORDS
A. The Boaower agrees to establish on its books a sepazate account for this Loan.
This account shall be maintained as long as the Loan obligation remains
unsatisfied.
ECAA Pub Entity Loan Agreement-ARRA SEP - 2 -
Rev. 1029/09
6-9
B. The Borrower further agrees to maintain records that accurately and fully show
the date, amount, purpose, and payee of all expenditures drawn on said account
for three (3) years after this Loan is repaid in full or three years after the
federal grant term, whichever is later, unless the Commission requests a longer
retention period.
C. The Borrower further- agrees to utilize a voucher system by which all
expenditures from said account will be authorized and authenflcated.
D. The Borrower further agrees to allow the Commission or any other agency of
the State of California (the "State") or the Federal Government, or their
designated representatives, on written request, to have reasonable access to,
and the right of inspection of, all records that pertain to said account or the
Project. The Borrower also agrees to submit to an independent audit, if
requested by the Commission, at the expense of the Borrower. Borrower
agrees to maintain all such records for a minimum of three years after this
Loan is repaid in full or three years after the federal grant term, whichever is
later, unless the Commission notifies the Borrower, prior to the expiration of
such three-year period, that a longer period of record retention is necessary.
9. SOURCE OF REPAYMENT; OPERATION OF PROJECT
A. Semiannual payments due to the Commission under this Agreement shall be
made from savings in energy costs or other legally available funds as the
Borrower chooses. If the Borrower is a county, city, town, township, board of
education, or school district, the Borrower agrees that the amount of the
semiannual Loan repayment shall not be raised by the levy of additional taxes
and shall not be an obligation against tax revenues, but shall be obtained either
from savings in energy costs resulting from the subject energy conservation
projects or other legally available funds as the Borrower chooses.
B. Energy cost savings as detemuned by the Commission are based on energy
usage and serving utility rate schedules at the time of the issuance of this Loan,
except as specified in Special Conditions, if any, as detailed in this Agreement,
and the information and data contained in the Borrower's loan application and
technical study. The following-will not affect the Commission's initial finding
of energy cost savings, and aze not a basis for claiming a lack of energy
savings: a) changes in energy use and/or rate schedules which occur after
issuance of the Loan, except as specified in Special Conditions, if any, as
detailed in this Agreement, b) deviations in the project work scope from what
was approved by the Energy Commission, c) changes in the Borrower's
facility and/or equipment which occur after the issuance of the loan, including,
but not limited to maintenance, operations, schedules, employees and facility
alterations and expansions, d) deviations, omissions or errors found in the loan
application and technical study after the loan award. The Borrower is
responsible for ensuring the accuracy of the information contained in its loan
ECAA Pub Entity Loan Agreement ARRA SEP - 3 -
Rev. 1029/09
6-~0
application and technical study. In the event annual energy cost sauings
resulting from the Project, as determined by the Commission, fail to equal or
exceed the amount due under this Agreement, this Agreement may be
renegotiated to assure that the repayment amount does not exceed the actual
energy savings or avoided costs resulting from the Project, and the Promissory
Note will be revised accordingly. In no event, however, will the number of
semiannual installments payable hereunder and under the Promissory Note
exceed thirty.
C. The Borrower shall obtain and maintain in its records any and all permits and
licenses required to install or operate the Project and shall comply with all
local, state, and federal laws, rules and codes concerning the Project. The
Borrower shaIl maintain the Project in good working order for the duration of
the Loan and shall insure that staff members aze provided appropriate training
on the operation and maintenance of the Project. The Borrower shall maintain
insurance on the Project and, in the event of any casualty loss covered by such
insurance policy, apply the proceeds to the repair of the Project or, with the
approval of the Commission, may use the insurance proceeds to install
alternate projects to generate alternative energy cost savings to repay the Loan.
D. The Borrower agrees to provide the Commission with information necessary
for administration of the Program for three yeazs following completion of the
Project or three years after the federal grant term, whichever is later, unless the
Commission requests a longer retention period. The needed information'
includes the following, at a minimum, (1} the annual computation, required by
Section 25414 of the Energy Conservation Assistance Act, of energy cost
savings for the most recent fiscal year, calculated in the manner and provided
in the format prescribed by the Commission and (2) any information or change
in assumptions or operations which might affect. the Commission's initial
determination of energy savings.
E. The Borrower authorizes any official or agent of the Commission, the State, or
the Federal Government to conduct physical inspections of the Project before
the commencement; during construction, installation and implementation of
the Project; and at any time prior to the complete repayment of the Loan. In
each contract entered into with suppliers of goods and services to install,
conduct, or operate the Project, including management services, the Borrower
shall include terms which allow any officer or agent of the Commission, the
State, or the Federal Government access to the Project site and to any books,
documents, or records directly relevant to the Project.
F. If, prior to final repayment of the Loan, the Borrower sells the equipment or
material installed with the proceeds of the Loan or sells the building, facility or
system in which the Project has been implemented, then the Borrower shall
apply the sale proceeds to repay any remaining balance due under this
ECAA Pub Entity Loan Agreement ARRA SEP - 4 - Rev. ] 0/29/09
6-11
Agreement in full at the time of such sale. The Borrower shall notify the
Commission within five business days of the date on which the Borrower
enters into an agreement to effect such transaction. The Borrower shall repay
the Commission within 30 calendar days of receiving an invoice from the
Commission for the balance due.
G. Borrower shall not place any liens or encumbrances on the Project until the
Loan is fully repaid.
H. In accordance with Section 25415 of the Energy Conservation Assistance Act,
the Borrower covenants to take such action as may be necessary to include all
payments due hereunder in its annual budget and to make the necessary annual
appropriations for all such payments. The obligation of the Borrower to make
such payments shall be limited to the savings realized by the Borrower as a
result of implementing the Project funded by the Loan.
10. DEFAULT
A. The Borrower's failure to comply with any of the terms of this Agreement
shall constitute a breach of this Agreement and an Event of Default. In such
case, the Commission may declare this Agreement to have been breached and
be released from any further performance hereunder.
B. In the event of any default or breach of this Agreement by the Borrower, the
Commission, without limiting any of its other legal rights or remedies, may to
the extent permitted by law, declare the Promissory Note evidencing this Loan
to be immediately due and payable.
11. TERMINATION
This Agreement may be terminated for any reason set forth below.
A. With Cause
In the event of any breach by the Borrower of the conditions set forth in this
Agreement, the Energy Commission may, without prejudice to any of its legal
remedies, terminate this Agreement for cause upon five (5) days written notice
to the Borrower. "Cause" includes without limitation:
1) Failure to perform or breach of any of the terms or covenants at the
time and in the manner provided in this Agreement; or
2) Significant change in Energy Commission or federal policy such that
the work or product being funded would not be supported by the
Energy Commission or Federal Government; or
ECAA Pub Entity Loan Ageement ARRA SEP - 5 - Rev. 10/29/09
6-12
3) Reorganization to a business entity unsatisfactory to the Energy
Commission.
B. Without Cause
The Energy Commission may, at its option, terminate this Agreement without
cause in whole or in part, upon giving thirty (30) days advance notice in
writing to the Borrower.
12. REPORTING
A.
B.
C.
D.
E.
F.
Progress reports aze due until Project completion. See Exhibit D for progress
report due dates and content.
A final report is due no later than 60 days after Project completion.
The Commission will not process an invoice unless the Borrower's report
submittals are up to date.
If requested by the Commission, Borrower shall submit, within ten (10) days
after the Commission's written request, a status report on its activities to date,
pursuant to this Agreement.
Reports shall be in a format as determined by the Commission.
The Borrower shall submit reports regarding energy savings as described in
Section 9.D above.
13. GENERAL TERMS
A. Indemnification by the Borrower. The Borrower agrees to indemnify, defend,
and save harmless the Commission, the State, the Federal Government, and
then officers, agents, and employees from any and all claims, losses, or costs
(including reasonable attorney fees) arising out of, resulting from, or in any
way connected with the Loan or this Agreement, or the financing or the
operation of the facilities financed with the Loan.
B. Ownership of Equipment and Material. All equipment and material acquired
under this Agreement shall become the property of the Borrower at time of
purchase. The Borrower shall obtain and maintain in its records a written
waiver of all claims, other than those previously made in writing and still
unsettled, from each contractor who supplies goods -and services, including
management services, in connection with the Project. All equipment purchased
with Loan funds shall be subject to the equipment provisions of 10 Code of
Federal Regulations (CFR) Part 600, which is incorporated by reference in
Exhibit D.
ECAA Pub Enriry Loma Agreement ARRA SEP - 6 - Rev. 10/29/09
6-13
C. Inde,~endent Canacity. The Borrower, and the agents and employees of the
Borrower, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the Commission, the
State of California, ox the Federal Government.
D. Assignment. Without the written consent of the Commission, this Agreement
is not assignable or transferable by the Borrower either in whole or in part.
The Commission may assign its rights under this Agreement for security
purposes, and in such event the assignee of this Loan Agreement, including the
bond trustee of any bonds which may be secured by repayment of this Loan,
shall be entitled to enforce the provisions hereof and shall be a third party
beneficiary of this Agreement.
E. Time of the Essence. Time is of the essence in this Agreement Borrower is
required to take timely actions which, taken collectively, move to completion
of the purpose for which this Loan was awazded. The Commission Project
Manager will periodically evaluate the progress toward completion. If the
Commission Project Manager determines that the Borrower is not progressing
toward completion within one (1) yeaz after the effective date of this
Agreement, the Commission Project Manager may, without penalty or
prejudice to any of the Commission's other remedies, temunate this
Agreement.
F. Amendment. No amendment or variation of the terms of this Agreement shall
be valid unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
G. Severability. In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
H. Governine Law and Venue. This Agreement is governed by and shall be
interpreted in accordance with the laws of the State of California. Venue shall
be in Sacramento County.
Non-discrimination. During the performance of this Agreement, the Borrower
and its contractors and subcontractors shall not unlawfully discriminate, harass,
or allow hazassment against any employee or applicant for employment
because of seat, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition
(cancer), age (over 40), marital status, and family caze leave. The Borrower
and its contractors and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment aze free from such
discrimination and harassment. The Borrower and its contractors and
ECAA Pub Entity Loan Ageement ARRA SEP - 7 - Rev. 10/29/09
6-14
subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fau Employment and
Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this agreement by reference and made a part
hereof as if set forth in full. The Borrower and its contractors and its
subcontractors shall give written nofice of their obligations under this clause to
labor organizations with which they have a collective bazgaining or other
agreement. The Borrower and its contractors shall include the
nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under this Agreement.
Incomoration of Ener¢y Conservation Assistance Act. The Energy
Conservation Assistance Act, together with any applicable rules, regulations or
procedures authorized by such statute, is incorporated by reference in this
Agreement.
Borrower Authorization. The Borrower certifies that it has full power and
authority to enter into this Agreement, and this Agreement has been duly
authorized, executed and delivered by the Borrower. The Borrower
acknowledges that The resolufion of its governing body or other official action
authorizing it to enter into this Agreement also authorizes such further acts as
are necessary, including execution of the Promissory Note, to implement and
further the intent of this Agreement.
K. Prevailine Wade. The Borrower shall comply with Chapter 1 (commencing
with Secfion 1720) of Part 7 of 1ivision 2 of the Labor Code relating to the
payment of prevailing wage for work performed on the Project financed in
whole or in part with the proceeds of the Loan.
14. NOTICE
Any notice required to be given to the Commission hereunder shall be sent to the
Commission at 1516 Ninth Street, MS-1, Sacramento, California 95814, attention
Grants and Loans Office Manager, or at such other address as the Commission may
designate in writing to the Borrower. Any notice required to be given to the Borrower
hereunder shall be sent to the address shown below the Borrower's execution of this
Agreement, or at such other address as the Boaower shall designate in writing to the
Commission. Notice to either party may be given using the following delivery
methods: U.S. mail, overnight mail, or personal delivery, providing evidence of
receipt,. to the respective parties identified in this Agreement. Delivery by fax or e-
mail is not considered notice for the purposes of this Agreement. Notice shall be
effective when received, unless a legal holiday for the State commences on the date of
ECAA Pub Entity Loan Agreement-ARRA SEP - 8 - Rev. 10/29/09
6-15
the attempted delivery in which case the effective date shall be postponed 24 hours, or
whenever the next business day occurs.
15. FEDERAL PROVISIONS INCORPORATED BY REFERENCE, SPECIAL
PROVISIONS RELATING TO WORK FUNDED UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009, AND GENERAL
FEDERAL PROVISIONS
This Loan is funded by the American Recovery and Reinvestment Act of 2009. See
Exhibit D for additional terms for federal American Recovery and Reinvestment Act
of 2009 requirements.
ECAA Pub Entity Loan Agreement-ARRA SEP - 9 -
Rev. 10/29/09
6-16
IN WITNESS WHEREOF, this Loan Agreement has been executed by the parties hereto.
STATE OF CALIFORNIA -CALIFORNIA
ENERGY COMMISSION
Sherry Mediati
PAINTED NAME OF AUTHORI7_,ED SIGNATURE
~`~ n
AUTHORIZED $I NA
BORROWER (If other than an individual, state
whether a corporation, partnership, etc.)
City of Chula Vista
NAME OF BORROWER
PRINTED NAME OF AUTHORIZED SIGNATURE
MANAGER, GRANTS AND LOANS OFFICE
~ j~..~1 ~e ~2~Ia
DATE DADA E
MAIL ADDRESS:
City of Chula Vista
276 Fourth Street
Chula Vista, CA 91910
AMOUNT FISCAL ~ FUND -B/A IT. 3360-001-0890 (2) I LOAN NO.
ENCUMBERED ~ YEAR Energy Resources Conservation
$2,051,600.00 12009/2010 FED- 0890-3360-001-20 CH 1 Statute of ~ 006-09-ECE-ARRA
I 2009
APPROPRIATION ORG. j j Program - ARRA SEP LINE ITEM
ALLOTMENT
901.003D
I I 6500-626.05-30007
APPROPRIATION AUG j ~ i LINE ITEM
j ~ iALLOTMENT
i I
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE
AVAIL F R THE PERIOD AND PURPOSE OF THE EXPENDITCTRE STATED ABOVE.
SIGNA OF ACCO OFFICER I DATE
~ ~ a- ~O
ECAA Pub Entity Loan Agreement ARRA SEP - 10 - Rev. 10/29/09
6-~~
C.~-~, J ~ ~,..~.~t .c--,
TTTLE
EXHIBIT A
BUDGET DETAILS
This loan is made to the City Chula Vista ("Borrower") for an Energy Savings Project.
The project consists of the installation of induction street lighting to replace existing High
Pressure Sodium street lamps.
The Table below summarizes the estimated project cost(s), saving(s) and simple
payback(s} for the project.
TABLE 1: Estimated Energy Efficiency Project Savings:
Estimated
Estimated Annual
Total Energy Energy
Project Commission Cost Payback*
Energy Efficiency Projects Cost Loan Savings -(Years)
Install Induction Street Lights in City of Chula li
Vista $2,051,600 1s $2051;604 ^' $200,000 10.3
'' ` -
~ ;~
I'
.
`, .'
~ ,_
~ v
I, , ;
t AF ~
i" 1 L
~ ~ H
~ ~
~ F
(
~ V - ~1R
~~
,
,
f
l
t~
~
9:a
i
(i :,• ~+?
~
:
L f '4'
4
~.
S
`_
f2
~
y :~.
t.
GRAND TOTAL ALL MEASURES $2,051,600 $2,051,600 $200,000 10.3
" Payback based on the total protect cost. The payback based on the loan amount is 10.3 years
based on Loan Amount of $2,051,600.
The Borrower shall implement all projects in Table 1. Failure to implement all
projects may reduce the approved loan amount. If necessary, the reduced loan
amount wit! be determined by multiplying the annual energy cost savings by 13 or
the total project cost, whichever is less.
If the Borrower has received disbursements that exceed the amount of the reduced
loan, the Borrower shall refund the difference to the Energy Commission.
A-1
6-18
EXHIBTT B
PROMISSORY NOTE
LOAN NUMBER: 006-09-ECE-ARRA
PRINCIPAL AMOUNT: ~ 2.051.600.00
INTEREST RATE: 1%
For value received, the undersigned, (hereinafter referred to as the "Borrower"), promises
to pay to the order of the State of California, Energy Resources Conservation and
Development Commission (hereinafter referred to as the "Commission"), at its principal
place of business at 1516 Ninth Street, Sacramento, California 95814, or at such other
place as the Commission may designate the principal sum of two million, fifty-one
thousand and six hundred dollars ($2,051,600.00) or such Iesser amount as shall equal the
aggregate amount disbursed to the Borrower by the Commission pursuant to the above-
referenced Energy Conservation Assistance Account Loan Agreement (the "Lcan
Agreement") between the Borrower and the Commission, together with interest thereon
at the rate of one percent per annum on the unpaid principal, computed from the date of
each disbursement to the Borrower. Principal, together with interest thereon, is due and
payable in semiannual installments as specified in the Estimated Amortization Schedule,
attached hereto as Exhibit C, and as amended in the Final Amortization Schedule,
beginning on or before December 22 of the fiscal year following the year in which the
Project is completed and continuing thereafter on each June 22 and December 22 until
said principal and interest shall be paid in fall. The Final Amortization Schedule, and any
amended Final Amortization Schedule(s) are not attached but aze expressly incorporated
by reference herein.
2. Payment of any scheduled installment received within thirty (30) days after its due date
shall be considered to have been received on its due date and shall be first applied to
accrued interest from the date of disbursal to the Borrower and the balance, if any, to
principal. Payment of any scheduled installment received more than thirty (30) days after
its due date but before the next billing shall be considered late, and interest on the unpaid
principal shall accrue from date of disbursal to the Borrower through the actual payment
date. However, payment of any scheduled installment received after a subsequent billing
shall be considered overdue, and interest shall accrue on the unpaid principal from date of
disbursal to the Borrower through the subsequent billing due date or actual payment date,
whichever is later.
3. The Borrower may prepay this Promissory Note in full or in part, without penalty.
4. In accordance with Section 25415 of the Energy Conservation Assistance Act, the
Borrower covenants to take such action as may be necessary to include all payments due
hereunder in its annual budget and to make the necessary annual appropriations for atl
such payments. The obligation of the Borrower to make such payments shall be limited to
the savings realized by the Borrower as a result of implementing the Project funded by
the Loan.
ECAA Pub Enfity Promissory Note-ARRA SEP B-1 Rev. 10/29/09
6-19
5. if any installment is not paid within thirty (30) days after its due date, the Commission, at
its option, may require the Borrower to pay a late change equal to five percent (5%) of the
amount of the installment or Five Dollars ($5.00), whichever is greater.
6. On the occurrence of any event of default, the Commission, at its sole election and
without limiting any of its other legal rights or remedies, may, to the extent permitted by
law, declare all or any portion of the principal and accrued interest on this Promissory
Note to be immediately due and payable and may proceed at once without further notice
to enforce this Promissory Note according to law.
7. Each of the following occurrences shall constitute an event of default:
A. Failure of the Borrower to repay any principal or interest when due under the
terms of this Promissory Note; -
B. Termination of the Loan Agreement pursuant to the terms thereof or breach by the
Borrower of any terms of said Loan Agreement;
C. Failure of the Borrower to undertake in a timely way the express and implied
activities for which said Loan Agreement has been executed;
D. Failure of the Borrower to obtain prior written Commission approval before
undertaking a change in the scope of the activities for which said Loan Agreement
has been executed; or
E. Occurrence of (1) the Borrower becoming insolvent or bankrupt or being unable
or admitting in writing its inability to pay its debts as they mature or malting a
general assignment for the benefit of or entering into any composition or
arrangement with creditors; (2) proceedings for the appointment of a receiver,
trustee, or liquidator of the assets of the Borrower or a substantial part thereof,
being authorized or instituted by or against the Borrower; or (3) proceedings
under any bankruptcy, reorganization, readjustment of debt, insolvency,
dissolution, liquidation or other similaz law, or any jurisdiction being authorized
or instituted against the Borrower.
No delay or failure of the Commission in the exercise of any right or remedy hereunder
or under any other agreement which secures or is related hereto shall affect any such right
or remedy, and no single or partial exercise of any such right or remedy shall preclude
any further exercise thereof, and no action taken or omitted by the Commission shall be
deemed a waiver of any such right or remedy.
9. Any notice to the Borrower provided for in this Promissory Note shall be given by
mailing such nofice by certified mail, return receipt requested, addressed to the Borrower
at the address stated in the Loan Agreement, or to such other address as the Borrower
may designate by notice to the Commission. Any notice to the Commission shall be
given by mailing such notice by certified mail, return receipt requested, to the
ECAA Pub Emity Promissory Note-ARRA SEP B-2 Rev. 10!29/09
6-20
Commission at the address stated in the Loan Agreement, or at such other address as may
have been designated by notice to the Borrower.
10. If suit is brought to collect any part of this Promissory Note, the Commission shall be
entitled to collect all reasonable costs and expenses of said suit and any appeal therefrom,
including reasonable attorney's fees.
11. This Promissory Note shall be binding upon the Borrower and its permitted successors
and assigns and upon the Commission and its permitted successors and assigns. Without
the written consent of the Commission, this Promissory Note is not assignable or
transferable by the Borrower either in whole or in part. The Commission may assign its
rights under this Promissory Note for security purposes, and in such event the assignee of
this Promissory Note, including the bond trustee of any bonds which may be secured by
repayments of this Promissory Note, shall be entitled to enforce the provisions hereof and
shall be a third party beneficiary of this Promissory Note.
12. This Promissory Note shall be construed and enforced in accordance with the laws of the
State of California.
City of Chula Vista
BORROWER
PRINTED NAME OF AUTHORIZED
REP NTATIVE
/ /Oy^ ED SIGNATURE
TIT E~ -/~A~
2~?2~2~~
DAB
ECAA Pub Entity Promissory Note-ARRA SEP B-3 Rev. l0/L9/09
6-2~
EXFIIBTT C
ES"I'IMATED AMORTIZATION SCHEDULE
C-1
6-22
~ ~- s+, State of California
,~
,'i ~xi Energy Resources Conservation
and Development Commission
~.,y:, ~>.~' 1516 Ninth Street
"v'~ Sacramento, California 95814-5512
Estimated Loan Amortization Table
Loan Number: 006-09-ECE-ARRA Number of Payments: 23
Recipient: City of Chula Vista Estimated Disbursement Date: 12/2/2010
Loan Amount: X2,051,600.00 Estimated Project Completion Date: 12/2/2011
Interest Rate: 1.00 % Annual Energy Savings: $200,000.00
T2ns# -Payment Date Accrued Interest - PaymentAmount `dnterest Paymerit Prindpal'Payment -'PdritipallBalance
Dl' 12/2/20f0 $0.00 ($2,051,800.000 $0:00!':; ($2,051;600.00) '- $2,051,600:00
PS 12/22/2012 $42,212.37 $96,118.77 $42,212.37 $53,906.40 $1,997,693.60
P2 6/22/2013 $9,961.10 $96,118.77 $9,961.30 ¢86,157.67 $1,911,535.93
P3 12/22/2013 $9,583.87 $96,118.77 $9,583.87 $66,534.90 $1,625,001.03
P4 ~ 6/22/2014 $9,100.01 - $96,118.77 $9,100.01 $87,018.76 $1,737,982.27
PS 12/22/2014 $8,713.72 $96,118.77 $8,713.72 - $67,405.05 $1,650,577.21
P6 6/22/2015 $8,230.26 $96,118.77 $8,230.28 #87,888.49 $1,562,688.72
P7 12/22/2015 $7,834.85 $96,116.77 $7,834.85 $88,283.92 $1,474,404.80
P8 6/22/2016 $7,392.22 $96,118.77 $7,392.22 $68,726.55 $1,385,678.25
P9 12/22/2016 $6,947.37 $96,116.77 $6,947.37 $69,171.40 $1,296,506.65
P10 6/22/2017 $6,464.77 $96,118.77 $6,464.77 $89,654.00 $1,206,85286
P11 12/22/2017 $6,050.60 $96,118.77 $6,050.80 $90,067.97 $1,116,784.89
P12 6/22/2018 $5,568.63 $96,118.77 $5,566.63 $90,550.14 $1,026,234.74
P13 12/22/2018 $5,145.23 $96,118.77 $5,145.23 ~ $90,973.54 $935,261.20
P14 6/22/2019 $4,663.49 $96,118.77 .$4,663.49 $91,455.28 $843,805.93
P15 12/22/2019 ¢4,230.59 $96,118.77 $4,230.59 $91,688.18 $751,917.75
P16 6/22/2020 ¢3,769.89 $96,118.77 $3,769.89 $92,348.68 $659,568.86
P17 12/22/2020 $3,306.88 $96,118.77 $3,306.88 $92,611.69 $566,756.97
P18 6(22/2021 $2,826.02 $96,118.77 $2,826.02 $93,292.75 $473,464.23
P19 12/22/2021 ¢2,373.81 $96,118.77 $2,373.81 $93,744.96 $379,719.26
P20 6/22/2022 $1,893.39 $96,118.77 $1,893.39 $94,225.38 $285,493.89.
P21 12(22/2022 $1,431.38 ¢96,118.77 $1,431.36 $94,687.39 $190,606.50
P22 6/22/2023 $951.42 $96,118.77 $951.42 $95,167.35 ~ $95,639.15
P23 12/22/2023 $479.51 $96,118.65 $479.51 $95,639.14 $0.00
Created try: ENERGY~Skawilli on 1/19/2010 3:42:47 PM
C-2
6-23
006-09-ECE-ARRA
EXHIBBT D
FEDERAL PROVISIONS INCORPORATED BY REFERENCE, SPECIAL
PROVISIONS RELATING TO WORIG FUNDED UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009, AND GENERAL FEDERAL
PROVISIONS -STATE ENERGY PROGRAM (SEP)
For purposes of this Exhibit D, the term "subawardee" refers to any entity other than
a vendor that receives funding from the Borrower to carry out or support any portion
of this Agreement. The term "vendor" refers to those entities defined as such by
OMB Circular A-133 (see Subpart B, Sections .105 and .210). 'The Borrower must
include all of the provisions below in its agreements with subawardees. It must
include in its agreements with vendors only the provisions below that reference
vendors.
FEDERAL REGULATIONSIGUIDELINES/OMB CIRCULARS INCOPORATED
BY REFERENCE
The Office of Management and Budget {OMB) Circulars, federal regulations, and
guidelines checked below are incorporated as part of this Agreement. These
Terms and Conditions and any Special Conditions take precedence over the
circulars, regulations, and guidelines checked below. OMB Circulars may be
accessed on the OMB web site at www.whitehouse.oov/omb/circulars/index.html
or by calling the Office of Administration, Publications Office, at (202) 395-7332.
Federal regulations may be accessed at htto://ecfr.gpoaccess.gov.
The Borrower must include in its awards the provisions below that apply to the
particular organization concerned.
® Title 10 Code of Federal Regulations (CFR) Part 600: Department of
Energy (DOE) Financial Assistance Regulations
® Title 1D Code of Federal Regulations (CFR) Part 420: State Energy
Program
^ Title 48 Code of Federal Regulations (CFR), Ch. 1, Subpart 31.2:
Contracts with Commercial Organizations (Supplemented by 48 CFR, Ch,
9, Subpart 931.2 for Department of Energy grants) (commercial firms and
certain non-profit organizations)
® State Energy Program Funding Opportunity Announcement DE-FOA-
0000052, CDFA Number 81.041, State Energy Program
(https://www. fed connect. net/Fed Connects
ECAA ARRA T&Cs Page 1 of 20 10!29/09
6-24 Exo
006-09-ECE-ARRA
® OMB Circular A-102: Common Rule for Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments
^ OMB Circular A-110: Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations (also applicable to private entities)
® OMB Circular A-87: Cost Principles for State, Local and Tribal
Governments
^ OMB Circular A-21: Cost Principles for Educational Institutions
^ OMB Circular A-122: Cost Principles Applicable to Grants, Contracts, and
Other Agreements with Non-Profit Organizations (non-profit organizations
and individuals, except for those specifically exempted)
® OMB Circular A-133: Audits of States, Local Govemments, and Non-
profit Organizations
^ Other:
^ None
2. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
A. ARRA-FUNDED PROJECT
Funding for this award is from the American Recovery and Reinvestment Act
(ARRA) of 2009, Pub. L. 111-5. Funding for this award is authorized by Public
Resources Code, Section 25422, and the State Energy Program, Federal
Grant Number DE-EE0000221, CFDA Number 81.041. The federal grant
term expires on April 30, 2012. The Borrower and all subawardees/vendors
are subject to audit by appropriate federal or State of California (State)
entities. The State has the right to cancel, terminate, or suspend this
Agreement if the Borrower or its subawardee fails to comply with the reporting
and operational requirements contained herein.
B. ENFORCEABILITY
The Borrower agrees that if it or one of its subawardees/vendors fails to
comply with all applicable federal and State requirements governing the use
of ARRA funds, the State may withhold or suspend, in whole or in part,
funds awarded under the program, or recover misspent funds following an
ECAA ARRA T&CS O- Z 5Pa9Ex Df 20 1029109
006-09-ECE-RRRA
audit. This provision is in addition to all other remedies available to the State
under all applicable State and federal laws.
C. REGISTRATION REQUIREMENTS
Prior to beginning work, the Borrower must obtain a Dun and Bradstreet Data
Universal Numbering System (DUNS) number and register with the Central
Contract Registration (CCR). Websites are as follows:
DUNS website: http://www.dnb.com/US/duns update
CCR website: http://www.ccr.gov
The Borrower must maintain current registrations in the CCR at all times
during which it has an active award funded with ARRA funds. A DUNS
Number is one of the requirements for registration in the CCR.
D. SEGREGATION OF COSTS AND RECORDS
The Borrower and its subawardees/vendors must segregate the obligations
and expenditures related to funding under ARRA. 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 ARRA shall be commingled with any other funds or used for a
purpose other than that of making payments for costs allowable for ARRA
projects. Pursuant to 10 C.F.R. section 600.242 (incorporated by reference
herein), records must be maintained for three (3) years after the loan is
repaid in full or 3 years after the federal grant term, whichever is later,
unless the Commission or Federal Government requests a longer retention
period.
The Borrower and its subawardees/vendors must keep separate records for
ARRA funds to ensure those records comply with the requirements of
ARRA. If this loan is split-funded with non-ARRA funds, the Borrower must
track and report the ARRA funds separately to meet the reporting
requirements of ARRA and related guidance.
E. PROHIBITION ON USE OF ARRA FUNDS
The Borrower agrees that, in accordance with ARRA, Section 1604, none of
the funds provided under this agreement derived from ARRA may be used
for any casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool.
ECAA ARRA T&Cs 6-~p9ExD 20 10/29!09
006-09-ECE-ARRA
F. ACCESS TO RECORDS
In accordance with ARRA Sections 902, 1514, and 1515, the Borrower agrees
that it shall permit the State of California, the United States Comptroller
General or his representative, or the appropriate Inspector General appointed
under Section 3 or 8G of the United States Inspector General Act of 1978 or
his representative to: (1) examine any records of the Borrower or any of its
subawardees/vendors that directly pertain to, and involve transactions relating
to, this Agreement; and (2) interview any officer or employee of the Borrower
or any of its subawardees/vendors regarding the activities funded with funds
appropriated or othervvise made available by ARRA. The Borrower shall
include this provision in all of its agreements with its subawardeeslvendors
from whom it acquires goods or services in its execution of the ARRA-funded
work.
G. PUBLICATION
Information about this agreement will be published on the Internet and
linked to the website www.recovery.clov, maintained by the Accountability
and Transparency Board. The Board may exclude posting contractual or
other information on the website on a case-by-case basis when necessary
to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
H. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR
WHISTLEBLOWERS
The Harrower agrees that both it and its s;.~bawardeesPlendors shall comply
with Section 1553 of ARRA, which prohibits all non-federal contractors,
including the State, and all contractors of the State, from discharging,
demoting or otherwise discriminating against an employee for disclosures
by the employee that the emplcyee reasonably believes are evidence of: (1)
gross mismanagement of a contract relating to ARRA funds; (2} a gross
waste of ARRA funds; (3) a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse
of authority related to implementation or use of ARRA funds; or (5) a
violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) awarded or issued relating
to ARRA funds. The Borrower agrees that it and its subawardees shall post
notice of the rights and remedies available to employees under Section
1553 of Title XV of Division A of the ARRA.
The requirements of Section 1553 of the ARRA are summarized below.
They include, but are not limited to:
ECAA ARRA T&Cs Page 4 of 20 10/29/09
I)-2~ ExD
006-09-EC E-ARRA
Prohibition on Reprisals: . An employee of any non-federal employer
receiving covered funds under ARRA 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 grand 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
• A 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 shat! determine
whether there is sufficient basis to conclude that the non-federal employer
has subjected the employee to a prohibited reprisal. The agency shall
either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the
person held before the reprisal, together with compensation including
back pay, compensatory damages, employment benefits, and other
terms and conditions of employment that would apply to the person in
that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the
aggregate amount of all costs and expenses (including attorneys'
fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding
the reprisal, as determined by the head of a court of competent
jurisdiction.
Non-enforceability of Certain Provisions Waiving Rights and Remedies or
Requiring Arbitration: Except as provided in a collective bargaining
agreement, the rights and remedies provided to aggrieved employees by
ECAA ARRA T&Cs O _ 2 ~9Ex Df 20 1029/09
006-09-ECE-ARRA
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 if it requires
arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer
receiving covered funds under ARRA shall post notice of the rights and
remedies as required therein. (Refer to Section 1553 of ARRA located at
www.recoveN.gov, for specific requirements of this section and prescribed
language for the notices.)
INFORMATION IN SUPPORT OF ARRA REPORTING
The Bonower will be required to submit backup documentation for
expenditures of funds under ARRA including such items as timecards and
invoices. See Loan Agreement, Section 3, Loan Disbursement Schedule,
for more details oh backup documentation required for invoicing. In addition
to the invoicing requirements, the Borrower shall provide copies of backup
documentation at the request of the U.S. Department of Energy's (DOE's)
Contracting Officer or designee, or the Commission's Contract Manager or
designee.
J. FALSE CLAIMS ACT
The Borrower agrees that it shall promptly notify the State and shall refer to
an appropriate federal inspector general any credible evidence that a
principal, employee, agent, subawardee/vendor or other person has
committed a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving ARRA funds.
K. AVAILABILITY OF FUNDS
Funds appropriated under ARRA and obligated to this award are available
for reimbursement of costs until the end of the loan term or March 31, 2012,
whichever comes first.
L. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF ARRA
1) This award requires the Borrower to complete projects or activities
which are funded under ARRA and to report on use of ARRA funds
provided through this award. Information from these reports will be
made available to the public.
2) The reports are due in accordance with Section 11 of this Loan
Agreement in addition to this section.
ECAA ARRA T&Cs Page 6 of 20 10/29/09
6-29 Ex0
006-09-ECE-ARRA
3) Progress reports are due monthly by the third of the following month.
For example, the January progress report is due by February 3.
4) The Borrower must maintain current registration in the CCR
(http://www.ccr.gov) at all times during which it has an active federal
award funded with ARRA funds. A DUNS Number
(http://www.dnb.com) is one of the requirements for registration in the
CCR.
5) The Borrower shall report the information described in Section 1512(c)
of ARRA and other information reasonably requested by the State or
required by the federal government or by the State to meet their
obligation to provide accurate, complete, and timely information to the
public; to meet the federal program reporting requirements; and/or to
comply with State or federal law or regulation. Standard data elements
and federal instructions for use in complying with reporting
requirements under Section 1512 of ARRA are pending review by the
federal government, were published in the Federal Register on April 1,
2009 (74 FR 14828), and are to be provided online at
www.FederalReporting.gov.
6) The Borrower shall submit reports to the Commission's Project
Manager in a format determined by the Commission. The Borrower
must NOT register at FederalReporting.gov.
7) The Borrower must provide information including, but not limited to, the
following:
a) ARRA Section 1512 Report
• Direct jobs created (i.e., new positions created and filled or
unfilled positions that are filled) and jobs retained (i.e.,
previously existing filled positions that are retained as a
result of ARRA fiunds). Only include jobs that are directly
funded by ARRA funds. The number shall be expressed as
"full-time equivalent" (FTE), calculated cumulatively as all
hours worked divided by the total number of hours in a full-
time schedule.
• Description of jobs created. Provide a brief description of
impact on the Borrower's workforce and include the types of
jobs created and retained. Include time base (full-time or
part-time) and duration (1 year, 1-2 years, 2-5 years, or more
than 5 years).
• Dun and Bradstreet (D&B) Data Universal Numbering
System (DUNS) number.
• Central Contractor Registration (CCR) number.
ECAA ARRA T&Cs 6-~U Ex D 20 10Y29/09
006-09-ECE-ARRA
• Award number.
• Name (legal name as registered in CCR or D&B).
• The Doing-Business-As (DBA) name as registered in CCR
or D&B.
• Address (physical location as listed in the CCR).
• Congressional district (based on physical location address).
• Type of entity (this is the °Business Type" in the CCR).
• Amount awarded (total amount of the Commission
agreement).
• Amount received
agreement funds
Date of award
(total cumulative amount of Commission
received as of the reporting period).
(date the Commission agreement was
signed).
• Award period (term of the Commission agreement).
• Place of performance (the physical location of primary place
of performance, including street address, city, state, zip
code+4, country, congressional district, state senate district,
and state assembly district).
• Area of benefit (e.g., state, county, city, special district).
Names and total compensation of five most highly
compensated officers for the calendar year in which the
agreement is awarded if,
• In the Borrower's preceding fiscal year, the Borrower
received -
- 80 percent or more of its annual gross revenues
from federal contracts (and subcontracts), loans,
grants (and subgrants) and cooperative
agreements; and
- $25,000,000 or more in annual gross revenues
from federal contracts (and subcontracts), loans,
grants (and subgrants) and cooperative
agreements
• The public does not have access to information about
the compensation of the senior executives through
periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
• Vendor Data Elements (purchases $25,000 or above)
DUNS or name.
• Zip code of Headquarters.
• Description of the product and/or service provided by
the vendor.
• The amount invoiced from the vendor (aggregated)
that will be paid with ARRA funds.
ECAA ARRA T&Cs Page 8 of 20 10!29109
6-31 Exo
006-09-ECE-ARRA
b) U.S. Department of Energy SEP Progress li2eport
• A comparison of the actual accomplishments with the goals
and objectives established for the period and reasons why
the established goals were not met.
• A discussion of what was accomplished under these goals
during this reporting period, including major activities,
significant results, major findings or conclusions, key
outcomes or other achievements. This section should not
contain any proprietary data or other information not subject
to public release. If such information is important to reporting
progress, do not include the information, but include a note
in the report advising the reader to contact the Principal
Investigator or the Project Director for further information.
• Cost Status. Show approved budget by budget period. and
actual costs incurred. Separate costs by project activities,
administration, and evaluation.
• Schedule Status. List milestones, anticipated completion
dates, and actual completion dates.
• Any changes in approach or aims, and reasons for change.
• Actual or anticipated problems or delays, and actions taken
or planned to resolve them.
• Any absence or changes of key personnel or changes in
consortium/teaming arrangement.
• A description of any product produced or technology transfer
activities accomplished during this reporting period, such as:
• Publications {list journal name, volume, issue);
conference papers; or other public releases of results.
• Web 'site or other Internet sites that reflect the results
of this project.
• Networks or collaborations fostered.
• Technologiesltechniques.
• Inventions/patent applications.
^ Other products, such as data or databases, physical
collections, audio or video, software or netware,
models, educational aid or curricula, instruments or
equipment.
• Perrormance Metrics
• Energy saved (kWh, therms, gallons, Btu, etc.).
• Renewable energy installed capacity and generated.
• GHG emissions reduced (tons) (CO2 equivalents)
(methane, carbon, sulfur dioxide, nitrogen oxide,
carbon monoxide).
• Energy cost savings.
• Funds leveraged.
ECAA ARRA T&Cs Page 9 of 20 1029/09
6-320
006-09-ECE-ARRA
Project type metrics. The key metrics to be reported will
vary by project type. See Exhibit D, Attachment 6, Project
Type Metrics.
M. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS] -
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
The Borrower agrees that in accordance with ARRA, Section 1605, neither it
nor its subawardees/vendors will use ARRA funds for a project for the
construction, alteration, maintenance, or repair of a public building or public
work unless all of the iron, steel and manufactured goods used in the project.
are produced in the United States in a manner consistent with United States
obligations under international agreements. The Borrower understands that
this requirement may only be waived by the applicable federal agency in
limited situations as set out in ARRA, Section 1605.
1) Definitions. As used in this award term and condition-
a) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been-
Processed into a specific form and shape; or
Combined with other raw material to create a material that has
different properties than the properties of the individual raw
materials.
b) Public building and public work means a public building of, and a
public work of, a governmental entity (the United States; the District
of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi-State,
regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges,
dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance; or repair of such buildings and
works.
c) Steel means an alloy that includes at least 50 percent iron, between
.02 and 2 percent carbon, and may include other elements.
ECAA ARRA T&Cs - Page 10 of 20 10129!09
6-33 Ex t)
006-09-ECE-ARRA
2) Domestic preference.
a) This award term and condition implements Section 1605 of the ARRA
by requiring that alt iron, steel, and manufactured goods used in the
project are produced in the United States except as provided in
paragraph 2b and 2c of this section and condition.
b) This requirement does not apply to the material listed by the Federal
Government as follows:
-None
c) The award official may add other iron, steel, and/or manufactured
goods to the list in paragraph 2b of this section and condition if the
Federal Government determines that-
• The cost of the domestic iron, steel, and/or manufactured goods
would be unreasonable. The cost of domestic iron, steel, or
manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the
overall-project by more than 25 percent;
• The iron, steel, and/or manufactured good is not produced, or
manufactured in the United States in sufficient and reasonably
available.quantities and of a satisfactory quality; or
• The application of the restriction of Section 1605 of the ARRA
would be inconsistent with the public interest.
3) Request for determination of inapplicability of Section 1605 of the ARRA.
a) (i) Any recipient request to use foreign iron, steel, and/or
manufactured goods in accordance with paragraph 2c of this section
shall include adequate information for Federal Government
evaluation of the request, including-
• A description of the foreign and domestic iron; steel, and/or
manufactured goods;
• Unit of measure;
• Quantity;
• Cost;
• Time of delivery or availability;
• Location of the project;
• Name and address of the proposed supplier; and
• A detailed justification of the reason for use of foreign iron, steel,
and/or manufactured goods cited in accordance with paragraph
2c of this section.
ECAA ARRA T&Cs 6_p~p ~t~of 20 10/29/09
006-09-ECE-ARRA
(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 4 of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall
include all delivery costs to the construction site and any
applicable duty.
(iv) Any recipient request for a determination submitted after ARRA
funds have been obligated far a project for construction,
alteration, maintenance, or repair shall explain why the recipient
could not reasonably foresee the need for such determination
and could not have requested the determination before the funds
were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
b) If the Federal Government determines after funds have been
obligated for a project for construction, alteration, maintenance, or
repair that an exception to Section 1605 of the ARRA applies, the
award official will amend the award to allow use of the foreign iron,
steel, and/or relevant manufactured goods. When the basis for the
exception is nonavailability or public interest, the amended award
shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is
the unreasonable cost of the domestic iron, steel,, or manufactured
goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in
2 CFR 176.110(a).
c) Unless the Federal Government determines that an exception to
Section 1605 of the ARRA applies, use of foreign iron, steel, and/or
manufactured goods is noncompliant with Section 1605 of ARRA.
4) Data. To permit evaluation of requests under paragraph 2 of this section
based on unreasonable cost, the Recipient shall include the following
informaticn and any app{icable supporting data based on the survey of
suppliers:
ECAA ARRA T&Cs 6-3 5 zg Ex D f 20 70/29(09
006-09-ECE-ARRA
Foreign and Domestic Items Cost Comparison
Description Unit of
Measure Quantity Cost s
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
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.]
N. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE ARRA
In accordance with ARRA, Section 1606, the Borrower assures that it and
its subawardees/vendors shall fully comply with said Section and
notwithstanding any other provision of law and in a manner consistent with
other provisions of ARRA, 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 ARRA
shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the United States
Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title
40, United States Code (Davis-Bacon Act). It is understood that the
Secretary of Labor has the authority and functions set forth in
Reorganization Plan Numbered 14 or 1950 (64 Stat. 1267; 5 U.S.C. App.)
and Section 3145 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
CFR 5.5 instruct agencies concerning application of the standard Davis-
Bacon contract clauses set forth in that section.
The Borrower will complete and certify by signature on Attachment 7 of this
Agreement its commitment to comply with 29 CFR 5.5, and return it to the
Commission Grants and Loans Officer.
ECAA ARRA T&Cs I)-~ 0 Ex D f 20 10/29/09
006-09-ECE-ARRA
O. ARRA TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS
1) To maximize the transparency and accountability of funds authorized
under ARRA as required by Congress and in accordance with 2 CFR
215.21 "Uniform Administrative Requirements for Grants and
~~
Agreements and OMB Circular A-102 Common Rules provisions, the
Borrower agrees to maintain records that identify adequately the source
and application of ARRA funds. OMB Circular A-102 is available at
http'//www Whitehouse qov/omb/circulars/a102/a102.html.
2) If the Borrower is covered by the Single Audit Act Amendments of 1996
and OMB Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations, the Borrower agrees to separately identify the
expenditures for federal awards under the ARRA on the Schedule of
Expenditures of Federal Awards (SEFA} and the Data Collection Form
(SF-SAC) required by OMB Circular A-133. OMB Circular A-133 is
available at
http'!lwww Whitehouse qov/omb/circulars/a133/a133.html. This shall be
accomplished by identifying expenditures for federal awards made under
ARRA separately on the SEFA, and as separate rows under Item 9 of
Part III on the SF-SAC by CFDA number, and inclusion of the prefix
"ARRA-" in identifying the name of the federal program on the SEFA and
as the first characters in Item 9d of Part III on the 5F-SAC.
3) The Borrower agrees to separately identify to each subawardee, and
document at the time of subaward and at the time of disbursement of
funds, the federal award number, CFDA number, and amount of ARRA
funds. When the Borrower awards ARR,4 funds for an existing program,
the information furnished to subawardee shall distinguish the subawards
of incremental ARRA funds from regular subawards under the existing
program.
4) The Borrower agrees to require its subawardees to include on their
SEFA information to specifically identify ARRA funding similar to the
requirements for the recipient SEFA described above. This information is
needed to allow the recipient to properly monitor subrecipient
expenditure of ARRA funds as well as oversight by the federal awarding
agencies, Offices of Inspector General, and the Government
Accountability Office.
ECAA ARRA T&Cs Page 14 of 20 10/29!09
6-37 ~o
006-09-ECE-ARRA
P. DATA IN SUPPORT OF ENERGY SAVINGS AND EMISSION
REDUCTIONS
1) The Commission may request utility bill data from ARRA SEP program
participants to track program energy saving and greenhouse gas
emission reduction impacts. Upon request, ARRA SEP program
participants must be prepared to provide utility billing data for at least the
12 months preceding and the 12 months following the project's
implementation of a building retrofit project. To ease the burden of this
data provision by the participant, the Commission will work with the
participant's utility company to facilitate the electronic exchange of the
required billing data. The Borrower authorizes the Commission to
exchange this. data with the Borrower's energy utility company and
agrees to complete an authorization form if requested by the
Commission.
2) Upon written request from the Commission, the Borrower and its
subawardees shall allow the Commission or its agent access to facilities
and records and allow the Commission or its agent to collect data
needed to measure and verify electricity and fuel reductions (this may
include but is not limited to utility bills, metering data, facility equipment
surveys, information on operational practices, and site occupancy
levels). Further, if requested, the Borrower and subawardee must
provide the Commission or its agent associated data from a period prior
to the start of the project as necessary to establish baseline energy
and/or fuel use. The Borrower shall include this provision in its
subaward agreements.
Q. STATE ARRA GUIDELINES FOR STATE ENERGY PROGRAM
The Commission's Guidelines for the State Energy Program, dated
September 30, 2009, (publication number CEC-150-2009-004-F) are hereby
incorporated by reference and made a part of this Agreement. The
Borrower warrants that it has read and understands the Guidelines and
acknowledges that requirements specified therein apply to the Borrower and
the funding provided under this Agreement. The Borrower acknowledges
that the Guidelines are subject to change pursuant to Public Resources
Code Section 25462 and that any changes made to the Guidelines shall
apply to the Borrower and the funding provided under this Agreement.
3. SITE VISITS
The Commission, the federal awarding agency, and/or their designees have the
right to make site visits at reasonable times to review project accomplishments and
management. control systems and to provide technical assistance, if required. The
Borrower must provide and must require subawardees to provide reasonable
ECAA ARRA T&CS I]-3P,39 Ex D f 20 10/29/09
006-09-ECE-ARRA
facilities 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.
4. NON-DISCRIMINATION CLAUSE
This award is subject to the provisions of 10 CFR 1040.1 et seq.,
Nondiscrimination in Federally Assisted Programs.
The Borrower will complete and certify by signature on the DOE Form 1600.5,
U.S. DOE "Assurance of Compliance," (Exhibit D, Attachment 1 of this
Agreement) its commitment to comply with this law and return it to the
Commission Grants and Loans Officer.
5. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE
REQUIREMENTS
This award is subject to the provisions of 10 CFR Part 601, 10 CFR Part 606,
and 10 CFR Part 607.
The Borrower will complete and certify by signature on the Form "Certifications
Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters;
and Drug Free Workplace Requirements" (Exhibit D, Attachment 2 of this
Agreement) its commitment to comply with these requirements and return it to
the Commission's Grants and Loans Officer.
5. LOBBYING ACTIVITIES
The Borrower agrees that none of the funds obligated under this agreement shall
be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to
communicate to Members of Congress as described in 18 U.S.C. 1913. This
restriction is in addition to those prescribed elsewhere in statute and regulation.
If applicable, the Borrower will disclose any lobbying activities by completing and
signing the Standard Form LLL (Exhibit D, Attachment 3 of this Agreement) and
retum it to the Commission's Grants and Loans Officer.
7. NATIONAL POLICY ASSURANCES
The Borrower agrees to adhere to and include in any subawards the requirements
set forth in the attached "National Policy Assurances" (Exhibit D, Attachment 4 of
this Agreement).
ECAA ARRA T&Cs Page 16 of 20 1029/09
6-39 Exo
006-09-EC E-ARRA
8. PUBLICATIONS
A. The Borrower is encouraged to publish or otherwise make publicly available the
results of the work conducted under this Agreement.
B. An acknowledgment of Commission and federal support and a disclaimer must
appear in the publication of any material, whether copyrighted or not, based on
or developed under this project, as follows:
Acknowledgment. "This material is based upon work supported by the
California Energy Commission and the U.S. Department of Energy under Award
Number(s) DE-0000221."
Disclaimer. "This report was prepared as an account of work sponsored by
an agency of the United States Government. Neither the California Energy
Commission, the United States Government, nor any agency thereof, nor any
employees, makes any warranty, express or implied, or assumes any legal
liability or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents that its
use would not infringe privately owned rights. Reference herein to any
specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, or favoring by the California Energy
Commission, 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 California Energy Commission, the United States
Government, or any agency thereof."
9. INTELLECTUAL PROPERTY PROVISIONS
A. The intellectual property provisions applicable to this award are provided as
Exhibit D, Attachment 5, to this award.
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 fhe award. The IP Service Providers
List is found at
http'//www gc doe qov/documents/Intellectual Property (IP) Service Provide
rs for Acguisition.pdf.
10.FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
The Borrower must obtain any required permits and comply with all applicable
federal, state, and municipal laws, codes, and regulations for work performed
under this award.
ECAA ARRA T&Cs Page 17 of 20 10/29109
6-40 ~ c
006-09-ECE-ARRA
11.PRESERVATION OF OPEN COMPETITION AND GOVERNMENT
NEUTRALITY TOWARDS CONTRACTORS' LABOR RELATIONS ON
FEDERALLY FUNDED CONSTRUCTION PROJECTS
A. Unless in conflict with State or local laws, the Borrower must ensure that bid
specifications, project agreement, or other controlling documents in
construction contracts awarded pursuant to this Agreement, or pursuant to a
subaward to this Agreement, do not:
1) Require or prohibit bidders, offerors, contractors, or subcontractors to
enter into or adhere to agreements with one or more labor organizations,
on the same or other related construction project(s); or
2) Otherwise discriminate against bidders, offerors, contractors, or
subcontractors for becoming or refusing to become or remain signatories
or otherwise to adhere to agreements with one or more labor
organizations, on the same or other related construction project(s).
B. The term "construction contract" as used in this provision means any contract
for the construction, rehabilitation, alteration, conversion, extension, or repair
of buildings, highways, or other improvements to real property.
C. Nothing in this provision prohibits bidders, offerors, contractors, or
subcontractors from voluntarily entering into agreements with labor
organizations.
12.DECONTAMINATION ANDlOR DECOMMISSIONING (D 8D) COSTS
Notevi±hstanding any other provisions of this Agreement, the Government shall
not be responsible for or have any obligation to the Borrower or its subawardees
for (i) Decontamination and/or Decommissioning (D&D) of any of the Borrower's
or its subawardees' facilities, or (ii) any costs which may be incurred by the
Borrower or its subawardees 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.
13. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE
The Borrower is restricted from taking any action using federal funds for projects
under this award that would have an adverse effect on the environment or limit.
the choice of reasonable alternatives prior to DOE providing a final NEPA
determination regarding these projects.
If the Borrower moves forward with activities that are not authorized for federal
funding by the DOE Contracting Officer in advance of the final NEPA
determination, the Borrower is doing so at risk of not receiving federal funding,
ECAA ARRA T&Cs Page 18 of 20 10/29!09
6-41 ~ o
006-09-ECE-ARRA
and such costs may not be recognized as allowable cost share.
14.NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this award
should be American-made.
15. HISTORIC PRESERVATION
Prior to the expenditure of federal funds to alter any structure or site, the
Borrower is required to comply with the requirements of Section 106 of the
National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of
delegation of authority regarding the NHPA. Section 106 applies to historic
properties that are listed in or eligible for listing in the National Register of
Historic Places. In order to fulfill the requirements of Section 106, the Borrower
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 available at the
following link: http://www.ncshpo.org/find/index.htm. THPO contact information
is available at the following link: http:!/www.nathpo.org/map.html.
Section 110(k) of the NHPA applies to DOE funded activities. Borrowers shall
avoid taking any action that results in an adverse effect to historic properties
pending compliance with Section 106.
Borrowers should be aware that the DOE Contracting Officer will consider the
Borrower in compliance with Section 106 of the NHPA only after the Borrower
has submitted adequate background documentation and the SHPOIfHPO has
provided written concurrence that it does not object to its Section 106 finding or
determination. The Borrower shall provide a copy of this concurrence to the
Commission and the Contracting Officer.
If the Borrower's project involves alteration of any structure or site, the
Commission Grants and Loans Office will provide further guidance on the
Section 106 process.
16. AVAILABILITY OF FEDERAL FUNDS
It is mutually agreed that partial or whole funding for this Agreement is dependent
upon a federal agreement (DE-EE0000221) that has a scheduled budget period
end date of April 30, 2012, and is subject to the following provisions: (1) This
Agreement is subject to any additional restrictions, limitations, or conditions enacted
by Congress or any statute enacted by Congress that may affect the provisions,
terms, or funding of this Agreement; (2) Funding for this Agreement is subject to
the approval of the U.S. Department of Energy (DOE) and to any additional
ECAA ARRA T&Cs Page 19 of 20 10/29!09
6-42~ o
006-09-ECE-ARRA
restrictions; limitations, or conditions imposed by DOE, federal law, federal court
judgments, and/or federal agency orders which may affect the provisions or
terms of this Agreement; (3) If Congress does not appropriate sufficient funds for
the program, this Agreement shall be amended to reflect any reduction in funds;
and (4) The Commission has the option to invalidate the Agreement under the 30-
day cancellation clause or to amend the Agreement to reflect any reduction in
funds.
17. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the
terms and conditions contained in this award must be referred to the DOE Award
Administrator for guidance.
18. STATEMENT OF FEDERAL STEWARDSHIP
DOE 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 circumstances to
correct deficiencies which develop during the project; assuring compliance with
terms and conditions; and reviewing technical performance after project completion
to ensure that the award objectives have been accomplished.
19. UTILITY REEATES
ARRA State Energy Program funding must be used to create new programs or
expand existing programs, including ratepayer-funded programs, and not to
supplant or replace existing state, ratepayer, or other funding. Therefore, if after
the project is completed, the Borrower receives a rebate from its utility or other
source for all or a portion of fhe project costs that have been funded by this loan,
the Borrower must submit principal repayment to the Commission in the amount
of that rebate within 10 working days of receipt of the rebate. This repayment will
be considered an unscheduled principal repayment.
ECAA ARRA T&Cs Page 20 of 20 10Y29/09
6-43 Exo
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO/VA~L BY
THE CITY COUNC ~ /
C. Miesfeld
y Attorney
Dated: L ~ ~
DESIGN BUILD AGREEMENT
FOR
MUNICIPAL STREET LIGHTING RETROFIT PROJECT
BETWEEN THE CITY OF CHULA VISTA AND
SOUTHERN CONTRACTING COMPANY
6-44
DESIGN BUILD AGREEMENT FOR
MUNICIPAL STREET LIGHTING RETROFIT PROJECT
THIS Agreement shall be for the design calculatiotts and constmction installation of citywide Municipal Street
Lighting and the payment of permitted costs therefore ("AgreemenP'). This Agreement is made and entered into this
by and between THE CITY OF CHULA V[STA, a municipal corporation ("City"),
and ,Southern Contracting Company ("Design Builder or DB"). City and D/B, when referenced herein, may be
referred to individually as "Party" and collectively as "Parties." This Agreement is entered into with reference to the
following facts: ,
RECITALS
1. The Public Works Department has been conducting an energy efficient streetlight assessment project with the
intent to save energy, reduce the size of its carbon footprint and help contribute to a safe public environment.
2. Two solutions have been presented because different technologies perform better at certain mounting heights
and the cost of the initial retrofit detemrines the duration of the loan payback. Both solutions offered reduce
energy and maintenance costs of up to 50 percent while improving light quality.
3. Solution number one would be to identify LED luminaires as a revised City Standard for all new constmction
and improvement projects that include roadway lighting. Solution number rivo is to replace 4600 existing 100-
watt high-pressure sodium (HPS) luminaires on residential streets throughout the city with 55-watt induction
luminaires.
4. As part of that effort, on December 15th, 2009, the Depatnent of Public Works Engineering Division issued a
Public Request for Proposals (RFP) for the "Municipal Street Lighting Retrofit Project", pursuant to § 2.57 of
the City's Municipal Code, to design and construct lighting fixtures for the citywide street lighting retrofit
installation ("Project") to qualified Design-Build fuzes.
5. The following companies were sent requests for proposals; Patterson Brothers Lighting, Lekos Electric, Select
Electric, T&M Petty Electric, Southern Contracting Company, and American Power Solutions.
6. The ranking of Earns through the bid process qualified four (4) respondents for interviews. Following the
interviews of the four respondents, Southern Contracting Company was selected as the respondent who best
met [he design, monetary, and time criteria of the project with whom City could negotiate an agreement.
7. As part of D/B's proposal, DB submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of One Million Nine Hundred Sixty Seven Thousand Five Hundred Seventy One Dollars
($ 1,967,571.00) ("Estimated Cost"/"EC'7 Following City's approval of 90% Construction Documents ("CD")
and with the approval for funding through a California Energy Commission (CEC) loan, D!B shall submit a
Guaranteed Maximum Price ("GMP"), at which time staff may return to Council if the GMP exceeds
$ 1,967,571.00. The City as a consideration of this agreement will allow the DB to apply for an incentive from
SDG%E estimated at $115,000.00, which has been calculated into the GMP price of $ 1,967,571.00. The City
agrees not to apply for said rebate and the DB assumes all responsibility for recovery of the incentive.
9. DB shall complete the Project, as a public improvement, according specifications provided by the City, and
- adhere to the Special Terris & Coadifions of California Energy Commission (CEC) loan progmrn, including
(bvt not limited [o) procurement, labor, and reporting requirements (Exhibit A) for an amount not to exceed the
GMP.
NOW THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
follows:
6-45
ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the design
to reflect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City 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 Chula Vista
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project
improvements during construction, until completion and Acceptance of [he Project.
Contract Documents: Including, but not limited to: Conract Addenda, Notice Inviting Bids, Instructions to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Award), the Bonds, [he general conditions, [he Special Provisions, the Plans, Standard Plans, Standard
Specifications, Reference Specifications, and all modifications issued after the execution of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Work: All work, material, or equipment that is unsatisfactory, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (D/BT): Those individuals designated as being a part of the Design Build Team. See Exhibit
C.
Estimated Cost: The total cost of the Project as estimated in preliminary cos[ estimates as shown in Exhibit A.
Extra Work: Any City additions, modifications, or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of
Completion for the Project; (2) acceptance of [he Project by the City; (3) submission of all documents required to be
supplied by D/B to City under this Agreement, including but not limited to warranties, and operating manuals; and
(4) and delivery to City of a Certificate of Completion duly verified by D/B.
Greenbook: The most recent edition of the Standard Specifications for Public Works Consvuction (including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price ("GMP"): The maximum compensation to which DB may be entitled for the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor, equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, regulations, and laws.
Hard Construction Costs: Direct construction costs incurred in performing [he work, including taxes, delivery and
installation. Hard Construction costs shall not include DB markup, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
6-46
Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or Local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazadous
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 Cityobserved holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which D/B shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing D/B to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City [o D/B terminating the Agreement in accordance with Article
XXVII.
Project Site: Multiple street sites throughout the City of Chula and further described in Exhibit "A", attached.
Reimbursable Costs: All direct costs, including tabor, materials, permit fees, insurance and bonds, general
conditions, overhead and profit.
Services: Professional services, including design and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in [he progress of the construction when all Work on [he Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents are in place, have been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal Final Completion punch list work.
Title 24: Califomia Building Standards Code, Califomia Code of Regulations, Title 24.
Work: Alt labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents.
Working Day(s): Monday through Friday, excluding City holidays.
6-47
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in [his Agreement, DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, Specifications, and the timeframes established by
the Project Schedule ,which will be verified at 90% construction documents, attached as Exhibit "A", delivering a
complete and functional Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE IIL TERM
3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by [he last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement wilt extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, D/B agrees
that all Services and Work provided as part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent engineering, and construction firms using the
degree of care and skill ordinazily exercised by reputable professionals practicing in the same field of service in
the State of California.
4.2 Compliance with all Laws. In the performance of this Agreement, DB shall comply with all laws, including
but not limited to:
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the following:
4.2.1.1 Environmental Regulations (i.e. CEQA/ NEPA).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of [he California Building Code. It
is the sole responsibility of D/B [o comply with alt ADA and Title 24 regulations.
4.2.1.3 The Califomia Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to, [hose prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.1.2.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order ] 1738, and
the Stormwater Management and Discharge Control-Ordinance No. 0-17988.
4.1.2.5 DB shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.1.2.6 DB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.1.2.7 DB shall obtain and comply with all permits necessary to complete the Project, including, but
not limited to Development Services Department permits and hazardous material permits.
4.1.2.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 /mp!ledKnowledge ofLaw.r. DB shall be responsible For all amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or federal, and such knowledge will be
imputed to D/B to the extent allowed by law.
4.3 Design and Construction Standards. In the performance of the Services and Work covered by this
Agreement, D/B shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 SlandardSpecifiev~lons.
4.3.1.1 Greenbook. The 2000 Edition of the Standard Specifications for Public Works Construction.
6-48
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 2000 Edition of the Chula Vista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standards.
4.3.2.3 The 2002 Edition of the Chula Vista Construction Standards.
4.3.2.4 The City's facility program, performance and design criteria, concept drawings, and reports.
4.3.3 Energy Conservation Standards.
4.3.4 Materials Standaidr. D/B shall use industrial grade, equipment and accessories for all facets of design
and construction.
4.4 Obtain City Approval. For any and all actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, D/B shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. DB acknowledges [hat approval from
any individual other than the designated City Representative or City Council, where required, shall not be
valid.
4.4.1 Failure to Obtain flpprova! Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by DB and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DB shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to [he City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DB, its employees, agents, or subcontractors, DB may be entitled to reasonable compensation
for such actions.
4.4.2 No ketease From Obligations. City approval shall be a genera( approval only, and such approval shall
in no way release or relieve D/B of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision Malone. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress of D/B's obligations under this Agreement and pursuant to the Project Schedule, which will be
verified at 90% construction documents, attached as Exhibit "A".
4.6 Perform Services and Work in Phases. The Services and Work under this Agreement shall be performed in
the manner and order described herein.
ARTICLE V. PHASE I-DESIGN DEVELOPMENT
5.1 Desien Team. City has awarded this Agreement based on the speci5c qualifications of D/B to perform the
design services required under this Agreement. All such services shall be provided by D/B unless the City has
approved of the use of Subconsultants in the manner identified in Article VIII.
5.2 Services. In Phase I, D/B shall perform Services including, but not limited [o, the following:
5.2.1 ProjectDevetopment Develop and refine Project requirements.
5.2.2 ODD Prepaze complete DDDs, such that the DDDs include, without limitation, the fallowing:
5.2.2.1 Site Plans. Site plan with pertinent notes and dimensions indicating property line; existing
public streets, sidewalks, curb cuts, other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-
elements. As applicable [o [he project.
6-49
5.2.2.2 Floor Plans. Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and gridlines; room names, structural bay spacing with
grids, critical dimensions and area calculations. N/A.
5.2.2.3 Roof Plans. Roof plans including detailed notes, dimensions, mechanical equipment locations,
define material for mechanical screens, skylights and roof access, roof materials, roof drainage
and establish window-washing concept. As applicable to the project. N/A
5.2.2.4 Building Sections. Building sections, which shalt include vertical dimensions, floor assembly
thickness showing known structural elements and notes. N/A.
5.2.2.5 Elevations. Exterior elevations, including material references and extent; visible roof [op
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines. N/A.
5.2.2.6 Wall Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall
finishes; and wall and roof assembly. N/A
5.2.2.7 Outline specifications, written description of the project and components including site work.
5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable.
5.2.3 Code Compliance. Verify all code compliance, including building construction type, occupancy
sprinkler requirements, existing, zoning and other agency conformance and ADA. N/A.
5.2.4 Su6mirraLc. Prior to proceeding with Phase II, D/B shall prepare and submit the following to the City
for review and written approval.
5.2.4.1 DDDs. Completed DDD.( Streetlight fixture, lamp and photocell catalog cuts)
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, D/B shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-submittal shall be
borne exclusively by DB and not be grounds for an increase in the GMP or Contract
Time.
5.2.4.2 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans. N/A.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase II of [he Project, D/B's shall perform Services including, but are not limited to,
the following:
6.1.1 ProjecrDevelopmen! D/B shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 DigilalOocumenm!lon. D/B shall prepare CD's which shall include, without limitation, the following:
6.1.2.1 Architectural plans and details as applicable and necessary for the project., including:
6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of
installed or fixed and movable equipment that affects the design of [he spaces.
6.1.2.1.3 Building elevations indicating exterior design elements and features, including
fenestration arrangements, materials, mechanical and electrical features appearing on
the walls, roofs, and adjacent azeas.
6-50
6.1.2.1.4 Interior elevations [o establish functional requirements, equipment, and all systems
locations. N/A.
6.1.2.1.5 Typical building 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.
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the
extent and type of structural system and dimensions, final structural design criteria, foundation
design criteria, preliminary sizing of major structural components, critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details. N/A.
6.1.2.4 Landscape and Irrigation plan and details. N/A.
6.1.2.5 Electrical plans, calculations anddetails.
6. L2.6 Plumbing ptans and details. N/A
6.1.2.7 Plans showing installation of major systems, equipment, fixed furnishings and graphics. N/A
6.].2.8 Technical specifications.
6.1.2.9 All other technical drawings, schedules, diagrams and specifications, [o set forth in detail [he
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 [he building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2.9.3 Color board and architectural rendering for required presentations. N/A.
6.1.2.10 Mechanical design documentation consisting of continued development and expansion of
schematic mechanical design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 Required space requirements for [he equipment, required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures. N/A
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical
design consisting of
6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems typical to civic facilities, the
approximate sizes and capacities of major components transformers-panels-switch
gears; N/A.
6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and
clearances. N/A
6.1.2.12 Sections through critical azeas showing coordination of architectural, structural, mechanical
and electrical elements.
6.1.2.13 Final specifications, including but not limited to, the following: As applicable to the project:
6.1.2.13.1 Architectural. General description of the construction, including interior finishes,
types and locations of acoustical treatment, typical and special floor coverings and
final exterior and interior material selection. N/A.
6.1.2.13.2 Mechanical. Description of air conditioning, heating and ventilation systems and
controls, ducts, and piping system. N/A
6-51
6.1.2.13.3 Electrical. Description of electrical services, including voltage; type and number
of feeders; lighting systems, including lighting levels and audiovisual; security-fire
alarms; and cable antenna television systems.
6.1.2.13.4 Landscape. General description of the construction, including plan materials, plant
locations, maintenance period, and irrigation systems. N/A.
6.1.2.13.5 Play Areas. Description of play equipment, including installation procedures,
type, color, finishes, and locations. N/A.
6.1.2.13.6 Site Work. General description of the construction, including finishes, types of
materials and locations.
6.1.2.13.7 Other. Such other documents to fix and describe the size, quality and character of
the entire Project, its materials, and such other elements as shall be appropriate.
6.1.2.14 Plumbing drawings, including location and quantity of fixtures, equipment sizes, room sizes
for plumbing equipment, and final specifications as appropriate. N/A
6.1.3 PiojeclSequeaclag D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Cri/icolPalh. D/B shall prepare a detailed Critical Path Method schedule for all consvuction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project software,
showing all major milestones, commencement of construction, sequence of construction, and
completion of the Municipal Street Lighting Project, all of which shall conform with the dates of
Substantial Completion and Final Completion of Project.
6.1.5 GovernmerrlalRevlew. DB shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accorrn~ingSyr/em. D/B shall provide a master accounting system and maVix on Microsoft Excel that
will be updated, expanded, and provided to [he City monthly as the Project develops.
6.1.7 ProjecrManogemeal P/aa DB shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6. L7.2 Coordination/interface with the City and its other consultants/contractors
6. L7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Construction meetings
6.1.7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. D/B shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost convol reports, which shall be provided monthly throughout the design
phase.
6.1.8 Conrlruc!lon Orawings andSpeclrea/rorcc D/B shall prepare construction drawings• and specifications
suitable for obtaining City-approved permits and to allow constmction.
6.1.9 CltyApprovaL D/B shall submit Construction Documents and obtain City approval in writing of [he
Construction Documents a[ seventy percent (70%), and ninety percent (90%) completion.
6-52
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 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, DFB shall modify and resubmit Construction Drawings for City approval.
6.1.9.3 D/B Support. D/B shall provide support to a City Constructability Review Team for the
review of [he Construction Documents at all stages of required submission.
6.1.10 MoleriaLr andFqulpmenlSpecfcaflorir. D/B shalt prepaze technical materials and equipment
specifications for pre-purchase.
6.1.11 SurveyingandTertlrsg. D/B shall coordinate, perform, and complete all surveying, materials testing,
and special testing for the Project at the Project site as required by this Agreement, the State Building
Code, or any other law or regulation, in accordance with and considering the following:
6. L 1 I.1 DBT is responsible for identification and coordination to the City's GIS System concerning
the location of each fixture replaced. Reports shall be made weekly to SDG&E so that the City
can take advantage of [he Consumer Rate change immediately.
6.1.11.2 Existing Conditions. D/B shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The Soils Consultant shall prepare a
statement that will be included in [he Bidding Documents as to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site.
N/A.
6. L 11.3 Utilities. D/B shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. D/B shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project. N/A.
6.1. l ] ~4 Geotechnical Information. DB shall obtain all necessary geotechnical information required
for the design and construction of the Project. The Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement that will be
included in the Bidding Documents, to address existing geotechnical conditions of the site
that might affect construction. N/A.
6.1.11.5 Additional Surveys. D/B shall provide additional site surveys and geotechnical investigations
to [he extent that DB determines they are necessary forfinal design. N/A.
6. L 11.6 No Reliance. DB shall not rely on City survey information as it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12 SlYPPP. DB shall prepare and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan ("SWPPP") to be implemented by the DB during Project construction. Where
applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board
Statewide General Construction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits. N/A.
6.1. l3 f/Uernarlves. D/B shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructability, ye[ meet all codes, architectural concepts,
schematic designs, and standard specifications of the Project.
6.1.14 Permi/.r. D/B shall obtain general building permit and all ancillary permits and licenses, including but
no[ limited to, demolition permits, improvement permits and grading permits. City shall be responsible
for all permit fees.
6.1.15 UpdoledCarls. DB shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering ("VE") and constructabiliry reviews.
6-53
6.1.16 Final Review andApprovolojPlansandSpecificadons. DB shall deliver to City complete
Construction Documents, including Construction Drawings, Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to D/B within five (5) Business Days of the date such Construction Documents are
delivered to City in accordance with the notice provisions in Article XXIX. Approval shall not be
unreasonably withheld. If requested by City, DB shall make changes [o the Construction Documents.
ARTICLE VII. PHASE III. -CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. Work and Services. The D/B shall construct the Project in accordance with City specifications
prepared by the D/B to meet or exceed all requirements of the City provided program, schematic design and
the performance criteria. The D/B shall:
7.1.1 Blddirsg DB shall 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 to ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. D/B shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. D/B shalt schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide clarification to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to all prospective bidders.
7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. D/B shall submit to [he City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DB shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. DB 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 opporunity for subcontractors to participate in subcontracting opportunities.
DB understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. D/B shall be responsible far entering into subcontracts, in DB's own
name, with the bidder who in DB's discretion and professional opinion best meets [he
monetary, time, and performance requirement of the Project. D/B shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which are listed below.
7.1. L8 Additive Alternatives. D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems. N/A.
7.1.2 Meetings. DB shall conduct meetings identified below:
7.1.2.1 Preconstmction Meeting. DB shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. D/B shall ensure that the preconstruction meeting is attended by D/B's
project manager, all D/B's major subcontractors, the City's designated
Representative, and all other persons necessary as determined by D/B or City.
10
6-54
7.1.2.2 Progress Meetings. D/B shalt conduct weekly progress meetings with the City and appropriate
design and construction members.
7.1.2.3 Contractor Meetings. D/B shall conduct contractor meetings, as necessary, to provide
technical input
7.1.2.3.1 D/B shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties, and D/B has given no less than five (5) Calendar Days
prior written notice of the rescheduled meeting.
7.1.2.5 Minutes. DB shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. D/B shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated G[S, and verify that the latest changes to the Project, if any,
have been made.
7.1.3 Conslruclion Managemenz During construction of the Project, D/B shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and atl aspects of the construction and coordinating all constmc[ion
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. DB shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with [he issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections [o verify compliance with the plans,
specifications and contract documents. The D/B resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. DB shall implement and maintain an internal records management and
document control system as required to support project operations. The DB shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. DB shall develop aproject-specific Plan for defining, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3.4 Reporting. DB shall keep Ciry informed of the progress and quality of the design and
construction ofthe Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects Feld office a[ all times during construction that reflect all changes
and modifications.
7.1.4 Side Safety, Security, and Compliance. DB shall be responsible for site safety, security, and
compliance with all related laws 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. DB shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, D/B shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/B shall be responsible for
[he environmental consequences of the Project construction and shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number ! 1738, and the Stormwater Management and Discharge Control Ordinance No.
11
6-55
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as maybe established by the Enforcement Official.
7. L4.3 Risk of Loss. DB is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto, including by theft, £re, or other
casualties.
7.1.5 Public RighFOfGYay All work, including, materials testing, special testing, and surveying to be
conducted in the Public right-0f--way shall be coordinated with the City.
7.1.5.1 Materials Testing. D/B shall pay for and coordinate with City to have all material tests within
the Public right-of-way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.5.2 Surveying. D/B shall pay for and coordinate with City's designated Representative all
surveying required within the Public right-of-way.
7.1.5.3 Follow all Laws, Rules, and Regulations. D/B agrees to follow all City standards and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.6 Traffic CorslroL D/B shall address all traffic control requirements for the Project including, if
necessary, separate traffic control plans and/or notes.
7.1.7 Abalemenl. D/B shall develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access for parking and services at all times for adjacent business entities and residences.
7.1.8 /nspee~ions. DB shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The DB 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.
7.1.9 Permils. The Parties acknowledge that the construction work to be performed on the Project by DB in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by D/B. In the event that City, or any other
governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work to be
performed or if the permit(s) are unreasonably canceled or suspended, then D/B is relieved from its
obligation to construct those improvements covered by the denial of said permit(s). City shall, under
such circumstances, pay DB 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 [he property of City upon D/B's receipt of payment in full as described above.
7.1.10 Marntenance. D/B shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DB shall be
responsible for on-going site maintenance. Prior [o Final Completion, DB shall cause to be removed
from and about the Project all tools, construction equipment, machinery, surplus materials, waste
materials and rubbish and deliver the site to the City in a clean, neat, sanitary and safe condition.
7. L 10.1 Waste Removal Please be advised that Chula Vista Municipal Code 8.24.070 provides
for an exclusive franchise for the removal and conveyance of all solid waste for hire (including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a Fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied (formerly Pacific) Waste Services
and may be reached at (619) 421-9400.
7. L 11 Regueslfor/rsformo~ion /'%lF//. Parties acknowledge that [he RFI process is solely for
correspondence between DB and the City. DB shall submit copies of each RFI [o City at the within
twenty-four (24) hours of receipt. DB shall issue responses to RFIs. Unless D/B specifically requests
a City response, City will not respond to RFIs.
12
6-56
7.1.12 /review andApprouvL DB shall provide timely review and approve shop drawings, samples of
construction materials, product data, schedule submittals, and other submittals for compliance with the
Construction Documents. D/B shall keep the City advised of all such matters being reviewed and
approved by D/B and forward copies of such documents to City far review.
7.1.13 Royalties and OtherFeer. DB shall pay royalties and license fees, if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account [hereof.
7.1.14 Provide City with a Detailed Construction Schedule (DSC) on a CD within fifteen (15) working days
after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a monthly
basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIH. SUBCONTRACTING
8.l Subcon[ractinti.
8.1.1 Derlgn Services. D/B shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals (hereinjointly "Design Consultants") as identified in Exhibit "C".
DB shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 L'onstruction Services. DB shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Project Schedule. D/B shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule, attached hereto as Exhibit "A", or a subsequently revised
Project Schedule in such a manner that the GMP or Contract Time 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. DB has submitted, as part of its proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 D/B:r Obligation. Subsequent to the effective date of this Agreement, D/B shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule to City monthly for approval.
9.1.2.2 During Construction, D/B shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.!.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed(%comple[e).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detail and Formal The Project Schedule shall be substantially similaz in detail and form to Exhibit
"A", or it shall be in the form subsequently agreed to by the Parties.
9.1.4 Su6mittaL 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 all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date stated in the Project Schedule
9.3 Chanties 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.
13
6-57
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
this Agreement. 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. If the DB anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the DB shall immediately notify the City. A written notice of the
delay must be delivered to the City within five (5) Calendaz Days of the initial notification, unless [he City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of [he delay, and all
supporting data. The D/B shall include a written statement that the time adjustment requested is the entire time
adjustment ro which D/B has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that DB is entitled to an increase in GMP. If in [he opinion of
[he City, the delay affects a material part of the Project, the City may exercise its rights under Article XXVII of
[his Agreement or any other remedy available in law or equity.
10.3 De1ay If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the D/B to a reasonable extension
of time or to additional compensation. Any such extension of time must be approved in writing by [he City.
The following conditions may justify such a delay: war; changes in law or government regulation; labor
disputes; strikes; fires, floods, adverse weather or other similar condition of [he elements necessitating
cessation of [he D/B's work; inability to obtain materials, equipment, or labor; required additional Professional
Services; or other specific reasons agreed to between the City and the D/B; provided, however, that (i) this
provision shall not apply to, and the DB shall not be entitled to an extension of time, additional costs, or
expenses 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 [o obtain materials, equipment, or labor shall not entitle
the D/B to an extension of time unless the D/B furnishes the City, in a timely manner, documentary proof
satisfactory to City of the D/B's inabiliTy to obtain materials, equipment, or labor.
10.3.1 Caured6y City If D/B reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or ConVact Time being exceeded or [he Project being
completed late, D/B will notify City at Project Team meeting and in writing within five (5) calendar
days of discovering such action, inaction, decision, or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action, inaction, decision or direction. D/B
shall provide complete and accurate pricing within [en (10) calendar days of said discovery.
10.4 Costs of Delav/Liouidated Damages. City and D/B recognize that time is of the essence in this Agreement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that DB
shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "no[
unreasonable under [he circumstances" as defined in California Civil Code § 1671(6): $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 [hat City may choose to reduce the GMP by the amount of
the liquidated damages.
ARTICLE XI. PROJECT COSTS
1 L I Estimated Cost. The Estimated Cost of Project, according to the RFP is One Million Nine Hundred Sixty
Severn Thousand Five Hundred Seventy One Dollars ($1,967,571.00). The City's obligation under this
Agreement shall not exceed the Estimated Cost; however, once a GMP is determined and approved, the GMP
shall become the not [o exceed amount of [he City's obligation. GMP is subject to change pursuant to methods
established in this Agreement.
14
6-58
11.1.1 Cost Sc%edule. The EMP has been allocated among each activity or portion of the Project ("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "A", attached. The cost incurred by the DB for
a specific activity or portion of the Project shall not exceed the associated Itetized Cast.
11.2 GMP. At 90% complete construction documents, DB shall establish a GNIP and submit such GMP to the
City for approval.
11.2.1 Nor to Exceed Amapa. The GMP shall not exceed $ 1,967,571.00. Any costs incurred by DB in
excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by
the City pursuant [o Article 7CIII of this Agreement.
11.2.1.1 Included Costs. In calculating the GMP, D/B shall include costs of the following:
11.2.1.1.1 All Design Consultants, including but not limited to electrical, lighting, and
consultants.
11.2.1.1.2 Estimating, value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DB personnel wherever located.
11.2.1.1.4 All on-site and off-site equipment, supplies and facilities, including but no[ limited
to, computers, etmatng, 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 DB
exceed 90% of the fair market value of any one piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Consruction Costs. See Exhibit A
11.2.1.1.6 Contingency Fund, which shall be held by the Ciry.
11.2.1.1.7 Reimbursable Costs. See Exhibit A.
11.2.1.1.8 DB Fixed Fee for the complete design and construcdon of the entire Project as
specified in the 90% CD's.
11.2.1.1.9 No more than $ 97,924.30 far Design Services and General Conditions
11.2.1.1.1 OAII home-office and field overhead casts of any type including document control
and retention;
11.2.I.1.11A11 business license costs;
11.2.1.1.12A11 profit DB intends to earn under [his Agreement.
11.2.1.1.13A11 direct and incidental costs incurred by D/B, except for those specifically
identified in the General Conditions section.
1 L2.1.1.14 OTHER. The City agrees to hold only 5% retention for the duration of the
project.
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the maximum amount of compensation to due to DB for all permitted costs of any type
incurred by D/B in performing all services and obligations under [his Agreement.
11.2.2 Jtenricatiou. DB shall provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shall include [he following:
11.2.1.1 DB Fixed Fees. The fees charged by the contractor for staff, equipment, office space and
overhead during the term of the project are included in the installation costs,
15
6-59
11.2.1.2 Hazd Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable D/B Contingency Fund.
11.2.1.3 Bonds, Permits and Insurance.
11.2.3 A!lerna~e 9!d!lemr. DB shall prepare, with the cooperation of the City, alternate bid items to assure
that [he cost of the Project will not exceed the GMP.
11.2.4 ,Aduslmenls/o GtilPBasedondpprovedClronge Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
11.2.5 Ad'urlmenls daredon Other CorUncreares GMP may be increased due to: (i) acts of God, acts of any
governmental authority, the elements, war, litigation, shortages of material, labor strikes, inflation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond D/B's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by DB. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject [o approval by City Council.
11.3 Duty to Advance Costs. DB shall advance all costs for Project subject to Reimbursement in the manner
described in Article XVI. N/A.
11.4 Use of Protect Contingency. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to D/B's, its officers', agents' or employees' failure [o perform
Work or Services according to [he terms of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses resulting from the negligence of DB, its officers, agents, or employees.
I I.5 Notification of Increased Costs. If, at any time, the D/B anticipates [hat the amount expended on the Project
will exceed the Estimated Cost or the GMP, when established, the D/B shall immediately, not mare than ten
(10) Working Days from becoming awaze of the potential increase, notify the City in writing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the D/B believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, D/B
shall assist the City in reviewing [he itemized cos[ breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of which will not exceed the Estimated Cost or GMP, once establish.
11.5.1 CiryActlon. Following consultation with the DB, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which may be constructed for the budget
amount; (iii) any combination of (i) and (ii); or terminate the Project subject to the termination
provisions in Article XXVII.
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 D/B's completion of plans and specifications, City will review and approve products
specified therein. DB shall provide City a copy of each submittal for Ci[y approval throughout the duration of
construction within twenty (20) Calendar Days of D/B's receipt of submittal. Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
12.2 Substitutions. DB shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days after the date of award of the construction contract. After expiration of the thirty (30) Calendar
Days, City will allow substitution only when a product becomes unavailable due to no fault of D/B's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. D/B agrees that City requires Consultant's input and as such D/B shall coordinate a five (5) Working
Day review by its Consultant.
12.2.1 Subslanliose /tequert D/B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
16
6-60
12.2.2 O/B/Zeprererzta/ioizr. By submitting a substitution request, D/B is representing to City all of the
following: (i) DB has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii) DB shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) D/B shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate Writlerz /lequest City will not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
12.3 Samoles.
12.3.1 Postage. Samples shall be sent to DB's office, cartiage prepaid. N/A.
12.3.2 ltevreiv. D/B shall furnish to City for review, prior to purchasing, fabricating, applying or instahing,
(2) two samples (other than field samples) of each required material with the required finish. N/A.
12.3.2.1 Where applicable, all samples shall be 8" x 10" in size and shall be limited in thickness to a
minimum consistent with sample analysis. In lieu thereof, [he actual full-size item shall be
submitted. N/A.
12.3.2.2 D/B shall assign a submittal number. D/B shall include with each submission a list of all
samples sent, a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information. N/A.
12.3.2.3 All materials, finishes, and workmanship in the complete building shall be equal in every
respect [o that of [he reviewed sample .N/A.
12.3.2.4 City will return one submitted sample upon completion of City review. N/A.
12.3.2.5 D/B's, or DB'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.
N/A.
12.3.3 Nora Release ofLiabi!<ty. Ciry's review of samples in no way relieves DB of DB's responsibility for
construction of Project in full compliance with all Contract Documents.
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 Required. Change Orders shall be required in the following instances:
13.1.1 GMR Any adjustment in GMP.
13.1.2 Corztracl Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use ojCan/ingencyFund At any time D/B seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13.1.4 City Requests. The City directs DB to perform Additional Services.
13.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Aooroval of Chance Orders. Within five (5) Calendar Days of any event that gives rise to the
need for a Change Order, the DB shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change wilt affect, in any way, by increasing or decreasing, [he GMP,
Project Schedule, or project quality established during the design and submittal review process. In addition, it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
17
6-61
categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B 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 ProjeclN/anager9ppiouvL 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 (l0)
Working Days of receiving D/B's written notice, provided DB has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to DB's written notice within
the ten (10) Working Days, the Change Order request shall be deemed denied.
13.2.2 City CouncilApprouv! For Change Orders not subject to section 13.2.1, City Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall no[ be subject to the [en (10) Working Day response time provided for in
section 13.2.1.
13.3 Written Aaoroval of Chance Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by D/B prior to approval shall not be reimbursed.
13.4Failure to Aeree on Cost of Chance Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the D/B is entitled to a Change Order, the amount of the Change Order or any
increase in Contract Time requested through the Change Order, the dispute shall be resolved by the Director of
Public Works
13.5. If the determination of the Director of Public Works is challenged, such challenge shall be addressed in the
manner identified in Section 30.11. D/B shall not have the right to stop or delay in the prosecution of any
services or work, including services or work that is the subject of the Change Order (if directed by [he City),
pending the determination of the Director of Public Works or, if applicable, final resolution. Instead, D/B shall
continue diligently prosecuting all such services and work.
13.5 Full Compensation. Payment to D!B for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By
executing a Change Order, the D/B or D/B's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be al towed.
13.6 Errors and Omissions. DB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, D/B's negligence, or the negligence of any of D/B's agents or subagents. D/B
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, D/B's negligence, or
the negligence of any of DB's agents, or subcontractors.
13.7 City Refusal to Aoorove Chance Order. DB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 13.2.1 and/or 13.2.2
ARTICLE XIV. EXTRA WORK
14.1 City Authority to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of [he Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in !Yr«ing All requests for Extra Work shall be in writing, shall be treated as, and are
subject to the same requirements as Change Orders. DB shall not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
14.2 Bonds Required for Extra Work. D/B's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided that [he Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by D/B as Extra Work is reimbursable in [he same
manner described in Article XIV. The Project contingency as described in Article XI, will be used first to
cover the costs of Extra Work.
18
6-62
14.4 Marko D/B will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent (~%) of the approved costs for the Extra Work.
ARTICLE XV. CHANGED CONDITIONS
15.1 Chaneed Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DB shalt provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Payment
16.1.1 FundrforPaymen! DB shall only be entitled to payment for Services and Work performed under
this Agreement from the funds appropriated for the Project.
16.1.2 Maximum Payment DB shal l be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DB 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. L3 App/icv~<onjorPaymenG DB shall submit to City a certificate and application for payment on or
before the 5'" day of each calendar month ("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs, less
any payments previously made by the City, incurred or advanced for [he Project for which DB has not
previously received payment. The Payment Application must include all relevant documents in
accordance with Section 16.1 If the City determines that all relevant documents have not been
submitted, City shall request that DB provide additional documentation. DB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cos[ documentation has been received and City approves the Payment Application, City
shall make payment to DB of all uncontested chazges 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 will be paid in accordance with the terms and conditions of [his
Agreement. No payment made to D/B or its sureties will constitute a waiver of any rights the
City has under [his Agreement. This section is not intended [o limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.3.2 Payment of Withholding. The City will pay the DB for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City.
16.1.4 Con~esledCharges. [n the event City contests any chazges contained in the Payment Application, the
dispute shall be resolved in the manner identified in Section 27.11.
16.1.5 Cu~ofJforSubmirsion ojReimbursemenlRequer~s. D/B shall submit all Reimbursement Requests
within six (6) months of the date on which Final Completion occurs and City accepts the Project. Any
Reimbursement Request submitted after the Cutoff Date shall not be reviewed or included in
Reimbursable Cost.
19
6-63
16.1.6. GeriJieation ojReim6ursemen~RequesG DB shall supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.6.1 DB shall submit two (2) copies of a Reimbursement Request (cover letter, invoice, and
documentation) to the City.
16.1.6.2 After review and approval, the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.6.3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1.7 Non-reimbursable Casts. Except to the extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to D/B the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City.
In addition, D/B is not entitled to reimbursement for any cos[ or expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and roles,
regulations, or laws promulgated [here-under.
ARTICLE XVIL INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.)
representatives of the City, ii.) representative from D/B's Design Team, iii.) the Construction Manager, and
iv.Representative, (iii) D/B's Consultant(s), and (e) [he DB's construction superintendent [Inspection Team]
17.2 Inspection Stages. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i) when required by code, (ii.) as directed by the "Special Inspections" provision, (iii) bi-weekly.
17.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies withjurisdictional interests will have access at reasonable times with the project manager's approval
for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access
and advise them of D/B's safety procedures and programs so that they may comply.
17.4 Additional Inspections. City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. DB shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give a[ least 24 hours notice for on-site inspection and five (5) days notice for off-site
inspection.
17.6 Costs of Inspection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
17.7 Concealing Work. Prior to concealing work, D/B shall obtain approval of work from the City and as required
by all Slate Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time and D/B will have no right to additional cost or time i[ may incur as a result of
the Work stoppage.
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXII shall apply.
17.9Not a Waiver of Obligations. 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 [he Work in accordance with the Construction
Documents. This approval is genera] approval only and in no way relieves DB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
20
6-64
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to City. When D/B determines that the Project is complete, D/B shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the D/B's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
[o the Project.
18.2 Walk-Throueh Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(IO) Working Days following D/B'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 17.1.
18.2.1 Pursch Lis[ A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to DB by the RE within three (3) Working Days of the Walk-
Through Inspection. DB shall correct the items listed on the Punch Lis[ within thirty (30) Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to /deaf//ems. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit D/B's obligations under this Agreement and City wilt maintain all
remedies available under this Agreement and the law.
18.3 Equipment Demonstration. Prior to final inspection, D/B shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
18.3.1 Startup. The DB shall supervise, manage, and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.3.2 Reporting. The D/B shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final Inspection. Provided D/B has corrected the Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.I Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, Ci[y shall accept the Project
("Acceptance"). Upon Acceptance, DB shall do all of the following:
19.1.1 Notice ofComple~ioa. D/B shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien aadA~laleria!/releases D/B shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the Ci[y or,
upon approval of City which shall not be unreasonably withheld, provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
19.2 Final Completion. Final Completion of the Project shall be deemed [o occur on the last dace of the following
events: (i) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all
documents required to be supplied by D/B to City pursuant to this Agreement, including GIS infgtma[ioq
warranties, and operating and maintenance manuals; or issuance of a final certificate of occupancy.
19.2.1 9s-Bui!lr. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. D/B shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 22.6, D/B 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.
N/A
21
6-65
19.3 No Waiver. D/B's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to D/B under the Contract Documents, nor any use or occupancy of [he Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Protect Deliverables. Prior to Acceptance, D/B shall deliver all of the following to the City in the format
required:
20.1.1 As-BuilLr. D/B shall provide As-Builts in l set of electronic format (pdt). and GIS data filed .
20.1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DB shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. D/B shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.1.2 D/B shall include all of the following on the As-Builts:
20.1.1.2.1 Depth of foundation in relation to finished first floor.
20.1.1.2.2 Horizontal and vertical locations of underground utilities and appurtenances, with
referencesto permanent surface improvements. N/A.
20. (.1.2.3 Locations of internal utilities and appurtenances, with references to visible and
accessible features of the structure. N/A.
20.1.1.2.4 Field changes of dimensions and details. N/A.
20.1.1.2.5 Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications, approved plans, equipment or materials. N/A.
20.1.1.2.6Details no[ issued with original Construction Drawings, design/build plans
deferred approvals, etc. N/A.
20.1.1.2.7Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information. N/A.
20.1.1.2.SShow locations of all utilities on-site with size, and type of pipe, if different than
specified, and invert elevations of pipe at major grade and alignment changes.
N/A.
20.I.1.2.9The title "PROTECT RECORD" in 3/8" letters.
20.1.1.3 D/B shall maintain a set of As-Builts at the Project site for reference. DB shall ensure that
changes to the As-Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the area or areas affected and, in the event of
overlapping changes, use different colors for each change. N/A
20.1.2 Operation andMainlenaneeA/onuaG. D/B shall submit all Operation and Maintenance manuals
prepared in the following manner.
20.!.2.1 In triplicate, bound in 8'/: x 1 I inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to City's Final Inspection.
22
6-66
20.1.2.2 A separate volume for each system as it applies to the project, including but not limited to,
mechanical, electrical, plumbing, roofing, irrigation, and any other system as determined by
City, with a table of contents and index tabs in each volume as follows:
20.1.2.2.IPart 1: Directory, listing names, addresses, and telephone numbers of DB's agents,
suppliers, manufacturers, and installers.
20.1.2.2.2Part 2: Operation and Maintenance Instructions, arranged by specification division
or system. For each specification division or system, provide names, addresses
and telephone numbers of DB's agents, suppliers, manufacturers, and installers.
In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (iv) operating instmctions,(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ownership of Protect Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. DB and City mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
21.1 Warranties Required. D/B shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied bylaw.
21.1.1 Ma~erra/s andWonFinanshrp. DB shall guarantee, and shall require its agents to guarantee, all
fixtures, photocells and lamps for the Project against defective workmanship and materials furnished
by D/B for a period ten (10) years from the date of Project's Final Completion. D/B shall replace or
repair any such defective work in a manner satisfactory to City, after notice to do so from City, and
within the time specified in the notice. Ten-year warranty applies to defective fixtures, lamps and
photocells, but does no[ include labor or equipment for in service (field) replacement.
21.1.2 NewMateriols andFquipmenG DB shall wazrant and guarantee, and shalt require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Design, Conslrrrc~ion, and0/her Defectr. D/B shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with [he Plans and SpeciScations and is
not defective in any way in design, construction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on D/B's and
DB's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
- warranties shall be submitted in the forma[ specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
21.2.1 Owable Binder Obtain warranties, executed in triplicate by DB and manufacturers. Provide Table of
Contents and assemble in binder with durable plastic cover.
21.2.2 Table ojContenlr All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
21.2.3 /nder Tabs. Separate each warranty with index tab sheets keyed [o the Table of Contents listing.
21.2.4 Delai! Provide full information, using separate typewritten sheets, as necessary. List D/B's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
21.2.5 WarrantyS/art Da/e Except for items put into use with D/B's permission with date mutually agreed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
23
6-6~
2 L2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shall be required
from DB.
21.3 Term of Warranties. Unless otherwise specified or provided bylaw, lamp & fixture warranties shall extend
for a term often (]0) yeaz(s) from the date of Final Completion.
21.3.1 P/anus, Trees, andSfvubc Not withstanding above, all shrubs and ground cover shall have a ninety
(90) Calendar Day warranty period and trees shall have a one (1) year warranty period. All plant
warranties shall commence from the date of Final Completion. N/A.
21.4 MeetinES. During the ten (10) year warranty period described in Section 21.3, D/B shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors [o meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or famishing, fixtures, and equipment of the Project
during [he ten (10) year warranty period. N/A.
2L5 Warranty Inspection. At 180 and 360 days following Final Completion, during the one-year general building
warranty period, D/B shall inspect each component of the Project, identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City. N/A.
ARTICLE XXII. DEFECTIVE WORK
22.1 Correction, Removal, or Replacement. If within [he designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective Work, the D/B shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
22.2 Citv's Ri¢ht to Correct If circumstances warrant, including but not limited to an emergency or DB's failure
to adhere to section 22.1, City may correct, remove, or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs. All costs incurred by D/B or DB's agents [o remedy defects are nun-reimbursable
costs. [f the City has already reimbursed the DB for the defective work, CiTy is entitled [o an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount, or to make a claim against D/B's
bond if DB has been paid in full.
22.4 Extension of Warranri. When Defective Work, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the ----year, or relevant warranty period, will be extended for an
additional -------years from 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 shall no[ limit
the remedies City may pursue under this Agreement or law.
22.6 Disputes. If D/B and City are unable to reach agreement on disputed work, DB shall not have the right to stop
or delay in the prosecution or any Services of Work, pending the determination of the Director of Public Works
or, if applicable, final resolution. Instead DB shall continue to diligently prosecute all Work and Services.
During the time of the dispute, the City shall withhold the amount of the charge in question and compensate
DB for undisputed amounts. Payment of disputed amounts shall be as later determined by the Director of
Public Works. If this decision is contested, the claims procedure in 27.11 shall be followed. D/B shall
maintain and keep all records relating to disputed work for a period of three (3) years in accordance with
Article XXVII.
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23.1 Maintenance Period. If DB is required to install or maintain landscaping and/or irrigation, D/B shalt provide
a maintenance period which shalt begin on the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
24
6-68
and shall continue thereafter for ninety (90) Calendar Days or until Project Acceptance, whichever is longer.
N/A.
23.2 Maintenance Area. DB or D/B's Contractor shall maintain all involved azeas of the Project. N/A.
23.3 Maintenance Required. DB or DB's Contractor shall conduct regulaz planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and
disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance.
Landscape areas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and
debris. D/B or D/B's Contractor shall replace ali 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; (iii) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; (vi) Protecting all planting areas against traffic or other potential causes of
damage. N/A.
23.4 Landscape and Irrisation Inspection. At the conclusion of the maintenance period, City shall inspect the
landscaping and irrigation to determine the acceptability of the work, including maintenance. This inspection
shall be scheduled with two (2) weeks notice, a minimum of ninety (90) Calendar Days after [he plant
maintenance period commencement, or when the D/B or D/B's contractor notifies the City that they are ready
for the final inspection, whichever comes last. The City will notify DB of all deficiencies revealed by the
inspection before acceptance. N/A.
23.5 Extension of Maintenance Period. DB shall extend completion of [he maintenance period when, in City's
opinion, improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. D/B shall be responsible for additional maintenance of the
work until all of the work is completed 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. DB shall include, at DB's or DB's Contractor's expense, a timely written
diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
N/A.
23.6.1 Sairze KindandSize. 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 replacements shall be borne by D/B and shall not be Reimbursable
Costs. N/A.
ARTICLE XXIV. BONDS
24.1 Pavment Bond. D/B shall provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs.
24.2 Performance Bond. D/B shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of [he 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 all claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulation. The Performance Bond shall
remain in full force for thirty (30) Calendar Days following [he filing date of the Notice of Completion.
24.4 Certificate of AEency. All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
24.5 Licensine and Ratine. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in which [he project is located [o
issue bonds for the limits required by [his agreement, listed as approved by the United States Department of
25
6-69
Treasury Circular 570, and whose underwriting limitation is sufficient [o issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise bylaws or regulazions, 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 Insolvency or Bankruotcv. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) Calendar Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25.1 Indemnity Defense and Hold Harmless -General Reuuirement. Except for liability for Professional
Services covered under Section 25.2, D/B shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of D/B, its officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the Defined Services or [his Agreement. This indemnity provision does not include any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the
sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed [o be caused by the active or passive negligent acts or omissions of
[he City, its agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of [he D/B, its employees, agents or officers, or any third party.
25.2 Professional Services. For [hose professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining [o, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, D/Bs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with [he active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stoo Notices. The D/B shall keep the Project and Property free of any
mechanic's Liens and immediately secure the release of any stop notices. The D/B shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited [o, attorney fees, arising from or attributable to a failure
to pay claimants. D/B shad be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. D/B agrees to defend, indemnify, and hold harmless, the City, its
agents, officers and employees from and against any and all costs, damages, claims; and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or telated 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 release, or waive its rights to contribution against, any other party.
25.5 Costs of Defense and Award. Included in the obligations in Sections 25.1 through 25.4, above, is the D/B's
obligation to defend, at D/B's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against [he City, its directors, officials, officers,
employees, agents and/or volunteers. D/B shall pay and satisfy any judgment, award or decree that may be
26
6-70
rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. D/B's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers.
25.7 Enforcement Costs. DB agrees [o pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
26.1 General. DB shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all insurance required in section 26.2; (ii)
obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific
provisions required by section 26.4.
26.2 Tvnes of Insurance. At all times during the term of this Agreement, D/B shall maintain insurance coverage as
follows:
26.2.1 Commercia/Genera/Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 01 07 98 or
an equivalent forth providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCU (explosions, underground, and collapse) independent contractors,
products/completed opemtions, personal injury and advertising injury, bodily injury, property damage,
and liability assumed under an insured's contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either "insured vs. insured" claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten (10) years
following substantial completion of [he work. All costs of defense shall be outride the policy limits.
The Policy shall provide for coverage in amounts not less than one million dollars ($1,000,000) per
occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this projecUlocation,
the general aggregate limit shall be twice the required occurrence limit. Can be reducedlo /MilLFDB
prov<der ~rcesrLia6ilityminimum limi!! MZ JJG /11709
26.2.2 CommeicialAu~omobi/e Liab<liry. For all of D/B's automobiles used in conjunction with the Project
including 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 Ol 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 occursence, covering bodily injury and property
damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
26.2.3 Archi~ecls andFngineers ProjessionalLiability. For all of DB's employees who are subject [o this
Agreement, DB 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 million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) annual aggregate. DB shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years after [he date of completion or termination of this Agreement. D/B agrees that for the time
period defined above, there will be no changes or endorsements to the policy that increases the City's
exposure to loss. N/A
26.2.4 Excesr L<obi!<ty. DB shall provide Excess Liability Insurance affording two million dollars
($2,000,000) in excess of General Liability and Employer's Liability limits afforded on primary
policies. The coverage will be subject to the same terms, conditions, and exclusions found in the
primary policies. 26.2.4 Can be eliminated/FCGL Limit irprovideda/Z~L ./J'Gl1 /709
27
6-71
26.2.5 Contraclorr Po!luUon Liability. If the D/B or its Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other
pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than $3,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation. OKto accept /Mi! Jl'G
121709
26.2.5.1 Claims made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available. N/A
26.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall
be endorsed [o specifically provide for Work performed under the Agreement. N/A
26.2.5.3 The D/B or its Contractors of any tier shall fumish to the City a policy or Certificate of
Contractors Pollution Liability Insurance in which the City, its elected and appointed
officers, employees, and agents, and the DB are named as additional insureds. The policy or
Certificate must plainly designate the name of [he Project, name of the Disposal -Site, and
the permits secured for its disposal. This Certificate must be furnished to the City,
evidencing compliance with the outlined requirements, prior to [he D/B or Contractor
beginning their Work on the Project. Any failure ro furnish this policy or Certificate of
Insurance shall not relieve the D/B or Contractor from their obligations under this Section.
N/A.
26.2.6 Hazardous Transporters Pol@dionLiobility. If the D/B's or its contractors' Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants [he DB
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. N/A
26.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available. N/A
26.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work performed under
[his Agreement. The D/B or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which [he City, its
elected and appointed officers and employees, and agents, the D/B, and any upper tiered
contractor are named additional insureds. N/A
26.2.6.3 The policy or Certificate must plainly designate the name of the Project, name of the
Disposal Site, and the permits secured for its disposal This Certificate must be furnished to
the City, evidencing compliance with the outlined requirements, prior to the D/B or
Contractor beginning their Work on the Project. Any failure to fumish this policy or
Certificate of Insurance shall not relieve the DB or Contractor from their obligations under
this Section. N/A
26.2.7 <Yorker:r Compensatiors. For all of D/B's employees who are subject to this Agreement and to the
extent required by the State of California, DB shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DB 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 DB to comply with the
requirements of [his section. That policy shall provide at least the statutory minimums of one million
($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for
Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by
Disease policy limit
26.2.7. I Prior to the execution of the Agreement by the City, the DB shall file the following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
28
6-72
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract."
26.2.8 Builders Risk To the extent commercially available the Citv shall provide a policy of"all risk"
Builders Risk Insurance. Coverage will be provided for the Replacement Cost of Materials, Equipment
and Fixtures destined to become a permanent part of [he structure, and coverage will include Property
in Transit and Property in Offsite Storage. The limit for [his policy shall be a minimum of
$ (,967,571.00 (GMP dollar amount to reflect project soft and hard costs} It shall be DB's
responsibility to bear the expense of any deductible ($ 10,000.00). The Builders Risk coverage shall
expire at the time such insured property is occupied by City, or a Notice of Completion is filed,
whichever occurs first. Contractor and its Subcontractors will be solely responsible for any loss or
damage to their personal propeRy, including contractor's tools and equipment owned, used, leased or
rented by the Contractor or Subcontractor.
26.3 Ratine Requirements. Except for State Compensation Insurance Fund, all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an "A" or "A--" and "V" rating by AM BEST, that are authorized by the California Insurance
Commissioner to do business in the State of California, and that have been approved by the City.
26.3.1 Non AdmlrledCarders. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if [he carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy required under Article XXVI, section 26.2 of this Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
26.4.1 Addilionallnruiedr. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO forth CG 2010 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars ($1,000,000) or more shall include
liability arising out of: (i) Ongoing operations performed DB or on DB's behalf, (ii) D/B's
products, (iii) D/B's work, including but not limited to completed operations performed by
D/B or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by D/B; the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include liability arising out of (i) Ongoing operations performed by D/B
or on D/B's behalf, (ii) DB's products, work, including but not limited to completed
operations performed by D/B or on D/B's behalf, or (iii) premises owned, leased, controlled,
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemniTy coverage for [he
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid undersubdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of [he Insured and
the active negligence of the City of City of Chula V ista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of California
Insurance Code Section 11580.04, the insurer's obligation to [he City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by Califomia Insurance Code Section 11580.04.
29
6-73
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ]SO form CA 00 Ol 12 90 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 of Chula Vista and its respective elected
officials, officers, employees, agents, and representatives, with respect [o liability arising out
of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any constmction convact 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 of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnify the City of Chula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
under subdivision (b) of Section 2782 of the Califomia Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected of£cials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section 11580.04,
the insurer's obligation [o the City of Chula V ista and its respective elected officials, officers,
employees, agents, and representatives shall be limited to obligations permitted by California
Insurance Code Section 11580.04.
26.4.2 PrlmaryandNon-Contributory. 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 of Chula V ista and its
elected officials, officers, employees, agents, and representatives shall be in excess of DB's insurance
and shall not contribute [o it.
26.4.3 lYalver ojSubroga!lon. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for [he term required by this Agreement.
26.4.4 Project CenerolAggregale Limit The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.5 Nrr!llenNo!!ee Except as provided for under Califomia law, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendar Days prior written notice by DB to
the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shall be provided.
26.4.5.1 The words "will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon [he company, its agents, or representatives" shall be deleted from
al! certificates.
26.4.6 Additionn//nsuionee. DB may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starling !York Before performing any work, D/B shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and subconsultants shall be protected against risk of loss by maintaining
insurance in [he categories and at the limits required herein. Subcontractors and subconsultants shall name
City and DB as additional insureds under its policies.
26.6 Oblisation to Provide Documents. The D/B shall provide copies of documents including but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
30
6-74
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the DB.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of DB~. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time [he evidence of insurance is provided. At the option of [he City, either. [he insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
26.8 Policy Chances. D/B shall not modify any policy or endorsement thereto which increases [he City's exposure
to loss for the duration of this Agreement.
26.9 Reservation of Riehts. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City
will reimburse [he Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that required by this Agreement without overhead, profit, or any other markup.
26.10 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to
limit the DB's obligations under [his Agreement, including Indemnity.
26.1 l Material Breach. Failure to maintain, renew, or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of convact.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1 Suspension of Work for Archaeological and/or Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery
and shall no[ continue until ordered by City. When resumed, operations within the area of the discovery sha(I
be as directed by City.
27.1.1 Discoveries which may be encountered may include, but aze not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27.1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Termination of Aereement by Ciri for Cause. If, through any cause, D/B shall fail [o fulfill in a timely and
proper manner D/B's obligations under this Agreement, or if D/B shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, City shall have the right to terminate [his Agreement
by giving written notice to DB of such termination and specifying the effective date thereof a[ least five (5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reasoq by giving specific written notice [o D/B of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such
suspension or termination. In the even[ of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of Aereement by DB. D/B may terminate [he Agreement upon ten (10) days written notice [o
Ciry, whenever either of the following occur
27.4.1 Projec/Suspercrion. If the Project has been suspended under the provisions of Section 27.1 or 27.3, for
more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume
Work or to terminate [he Agreement has not been received from City within this time period; or,
31
6-75
27.4.2 Failure to PayAmounls Due andNol in Dispute. If City fails to pay DB 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, afrer presentation to City by D/B of a
request therefore.
27.5 DB Action Required. Upon receipt of the Notice of Termination, D/B shall take any and al] 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 DB and in which City has or may acquire an interest.
27.6 Possession Ownership, and Control of Documents. [n the event that this Agreement is terminated in
accordance with Sections 27.2 through 27.4, al] 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 [he option of the City, become the sole and exclusive property of the
City.
27.7 City Ris;ht to Complete Project. In the event that the Agreement is terminated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 E.rcess Coss. In the.event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with [his Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to DB 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 shall be determined in goad faith by Director of Public Works considering the
following:
27.8.1 The price for completed services accepted, including any retention, by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the DB Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, if D/B would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and D/B, but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effective date of such [ertnination.
27.8.7 If termination occurs during Phase I, II, or III, DB shall only be entitled to the Fees for Phases I, II, or
III, associated [herewith, 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.lODeductions. The amount due D/B shall be reduced by amounts including the following:
27.10.1 Any claim that City has against D/B under this Agreement.
27.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or
sold under the provisions of this clause and not recovered by or credited to City.
27.10.3 Damages caused by D/B's breach, including Excess Costs pursuant to Section 27.7.1.
32
6-76
27.10.4 Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from [he amounts payable [o D/B, the fair value, as
determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
27.I lDisputes. If DB does not agree with the determination of the Director of Public Works, D/B shall promptly,
but in no event later than 30 calendar days after the event(s) giving rise to the Claim, receipt of notice of such
determination, or payment therefore, whichever is earlier, shall deliver the Claim to the City. The dispute shall
be resolved in the manner provide for below:
27.1 ].l Claim. DB shall submit a Claim to City if a dispute occurs that arises from or relates to the Contract.
The Claim shall be in writing and identify all relief to which DB asserts it is entitled as a result of the
event(s) giving rise to the dispute. D/B shall substantiate all Claims, and shall process all Claims in
accordance with this Section 27.11. All Claims are subject to the City's right to audit pursuant to
Section 28.2. DB shall continue to perform the Services and the Work and maintain the Project
Schedule during any dispute proceedings and City shall continue to make payments for undisputed
Services and Work.
27.11.2 Delerminalion ofCloim. Within 30 days of receipt of a Claim, City will deliver a Final Determination
to D/B. City shall not consider and will return to DB any written demand that does not conform to the
requirements of Seclion 27.11.
27.11.3 Adminisrra~ive Appeal If D/B disagrees with a Final Determination, the Parties shall proceed as
follows:
27.11.3.1 D/B shall submit a written appeal to City within 30 days of receipt of the Final
Determination, which shall include the justification for the appeal.
27.11.3.2 Within I S days of receipt of D/B's appeal, City will schedule a Settlement
Meeting/Administrative Hearing. D/B will have an opportunity to present the Claim to the
Dispute Resolution Board [DRB] consisting of senior management at City. If a settlement
agreement cannot be reached, the DRB will make a written determination on the issues
presented.
27.11.3.3 The DRB shall make a written determination within 30 days after the Settlement
Meeting/Administrative hearing. The DRB's determination shall be final and binding on D/B
unless D/B submits to City a written objection within 30 days after receipt of DRB's
determination. D/B's failure to submit an objection within that 30 day period shall constitute
a waiver of D/B's right to pursue the Claim. If D/B submits a timely objection, the Parties
shall proceed in accordance with
27.11.4 Failure/o Prosecrrle Claim arzd fYaiver. DB's failure to process a Claim in accordance with this
Section shall constitute a waiver any and all claims for damages, compensation, or relief arising under
this Agreement for amy and all Work and Services associated with the dispute. With respect to an
event of termination, failure of D/B to dispute amounts paid in the manner and within the timeframe
provided in this Seclion 27.1 I shall act as a waiver of any and all claims For damages or compensation
arising under this Agreement for any and all Work and Services performed under this Agreement up [o
[he effective date of Notice of Termination. D/B hereby expressly acknowledges and agrees that all
such claims under this Section shall be waived as herein provided.
27.12Ri¢hts of City Preserved. In the event that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against DB then existing or which may thereafter accme. Any retention
or payment of moneys due DB by City will not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance
bond surety.
ARTICLE XVIII. RECORDS AND AUDITS
28.1 Record Svstem - Reimburseable Costs. DB shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DB shall include with each month payment application an
33
6-77
itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. If requested
by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record Svstem -Hard Construction Costs. DB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing [his system, D/B shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during
the previous month.
28.3 Retention of Records. D/B, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt of final payment under this Agreement
or three (3) years following final settlement associated with the termination ofthis Agreement pursuant to
Article XXVII, above.
28.4 Audit of Records. At any time during normal business hours, during the term of the contract plus and record
retention period and as often as the City deems necessazg D/B and any or all Contractors or subcontractors
shall make available to the CiTy For examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. DB and all contractors or
subcontractors will permit the City to make audio of all invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/County of San Diego, [hen D/B shall pay all [he CiTy's travel related costs [o audit the records
associated with this Agreement at the location where the records aze maintained. Such costs will not be
Reimbursable Costs.
28.2.1 Casts D/B and DB's agents shall allow City to audit and examine books, records, documents, and any
and all evidence and accounting procedures and practices that City determines are necessary to
discover and verify all costs of whatever nature, which aze claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX. NOTICES
29.1 W ruin .Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date. Except in relation to Change Orders as provided for in Article 13 or as otherwise provided by
law, any demand upon or notice required or permitted [o 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, re[um receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
29.3 Recipients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3. ( Jim Filano, Southem Contracting Company
29.32 City of Chula Vista-Gordon Day, Project Manager
29.3.3 (Reserved)
29.4 Recipients of Chanee Orders.
29.4.1 Jim Filanc, Southem Contracting Company
29.4.2
29.4.3
29.5 Chanee of Address(esl. Notice of change of address shall be given in the manner set forth in this Article.
34
6-78
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30.1 Headings. All article headings are for convenience only and shall no[ affect the interpretation of this
Agreement.
30.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes [he plural number.
30.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Integration. This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in [his Agreement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the 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 Agreement.
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any a other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Drafting Ambiguities. The Parties agree that they are aware [ha[ 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 [o this Agreement is a decision, which is [he sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency among the main body of [his
Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
30.I 1 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of [his Agreement.
30.12 Further Assurances. City and D/B each agree to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A - List of sites and proposed schedule of values
Exhibit B - Contract Terms and Requirements as specified in the RFP. All Federal Stimulus Plan
Requirements (EECBG Special Terms and Conditions).
Exhibit C - Southern Contracting Company RFP
30.14 Compliance with Controlling 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 during the design and
preconstruction phases of a project, including inspection and land surveying work. In addition, the Consultant
35
6-79
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 Califomia shall
govern and control [he terms and conditions of this Agreement.
30. U Jurisdiction. Venue, and Attorney Fees. The venue for any suit or proceeding concerning [his 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 awazd of attorney fees in addition to any other award made in such suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City es a chartered city of the State of Califomia
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 first been presented in writing and Fled with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula V ista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully se[ 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 pepnitted by law, is an
intended third party beneficiary of all D/B's contracts, purchase orders and other contracts between D/B and
third party services. D/B shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assienment. The DB shall not assign the obligations under this Agreement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for
immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest.
30.21 Independent Contractors. The D/B, any consultants, contractors, subcontractors, and any other individuals
employed by [he D/B shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the Ci[y any right to direct the D/B concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
3022 Approval. Where the consent or approval of a party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
30.23 No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy
consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of
any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this
Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to
any existing or subsequent breach.
30.24 Sienina Authority. The representative for each Party signing on behalf of a corporation,
pazthership, joint venture or governmental entity hereby declares [hat 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.
36
6-80
EV WITNESS WHEREOF, this Agreement the City of Chula Vista and Southern Contracting Company have
executed this Agreement thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms.
This Agreement is dated , 2010 and [his date shall constitute the effective date of this
Agreement.
CITY OF CHULA VISTA, A Municipal Corporation Southern Contracting Company
By: B '
CHERYL COX, Mayor TIMOTH CBRIDE, Owner
Attest:
DONNA NORRIS, City Clerk
Approved as to form and legality:
ey:
BART MIESFELDS, City Attorney
37
6-81
EXHIBIT A
38
s-a2
AIA Type Document
Applicafion and Certification for Payment
Page 1 of 2
TO (OWNER): CITY OF CHULA VISTA
276 FOURTH AVE
CHULA VISTA CA 91910
FROM (CONTRACTOR): Southern Contractlng Company
559 N. Twin Oaks Valley RD.
San Marcos, CA 920fi9
CONTRACT FOR:
PROJECT: STREET LIGHT DB RETROFIT
VIA (ARCHITECT):
APPLICATION NO: 1
PERIOD 70:525/2010
ARCHITECTS
PROJECT NO: 87252
CONTRACT DATE:
DISTRIBUTION
TO:
OWNER
_ ARCHITECT
CONTRACTOR
01
W
CONTRACTOR'S APPLICATION FOR PAYMENT
Applicafion is matle for Payment, as shown below, in con nection with the Contract
Contnuafion Sheet, AIA Type Document is attached.
1. ORIGINAL CONTRACT SUM ................... . $ 1,967,571.00
2. Net Change by Change Orders ............... . $ 0.00
3. CONTRACT SUM TO DATE (Line 1 + 2). , ........ . $ 1,9fi7,571.00
4. TOTAL COMPLETED AND STORED TO DATE ..... . $ 0.00
5. RETAINAGE:
a. 0.00 % of Completed Work $ 0.00
b. 0.00 % of Stored Material $ 0.00
Total relainage (Line Sa + 5b) ................... . $ 0.00
6. TOTAL EARNED LESS RETFJNAGE ............. . $ 0.00
(line 41ess Line 5 Total)
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certificate) ................... .. $ 0.00
B. CURRENT PAYMENT DUE ..... .............. .. $ 0.00
9. BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 31ess Line 6) $ 1,967,571.00
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
Total changes approved in
previous months by Owner
0.00
0.00
Total approved this Month 0.00 0.00
TOTALS 0.00 0.00
NET CHANGES by Change Order 0.00
The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and
belief the work covered by this application for Payment has been completed in accordance with the
Contract Documents, that all amounts have been paid by the Contractor for Work for which previous
Cerfificales for Payment were issued and payments received from the owner, and that
current payment shown herein is now due.
CONTRACTOR: Southern Contractlng Company
559 N. Twin.Oaks Valley RD. San Marcos, CA 92069
By
Timothy R. McBride /President
State of.
County of.
Subscribed and Sworn to before me this
Notary Public:
My Commission Expires
Day of 20
ARCHITECT'S CERTIFICATE FOR PAYMENT
In Accordance with the Contract Documents, based on on-site observations and the data com-
prising the above application, the Architect certifies to owner that to the best of the Architects
knowledge, information and belief the Work has progressed as indicated,lhe quality of the work
is in accordance with the Contract Documents, and the Contractor is entitled to payment of the
AMOUNT CERTIFIED.
AMOUNT CERTIFIED .. ............................. $
(Attach explanation if amount certified differs from the amount applied. Initial all ligures on this
Application and on the Continuation Sheet that are changed to conform to the amount certified.)
ARCHITECT:
gy Date:
This Certficate is not negofiable. The AMOUNT CERTIFIED is payable only to the Contractor
named herein. Issuance, Payment and acceptance of payment are without preNdice to any
rights of the Owner or Contractor under this Contract.
Date:
07
TO (OWNER): CITY OF CHULA VISTA
276 FOURTH AVE
CHULA VISTA CA 91910
FROM (CONTRACTOR): Southern Contracting Company
559 N. Tenn Oaks Valley RD.
San Marcos, CA 92069
CONTRACT FOR:
AIA Type Document
Appticafion and Cerfificadon for Payment
PROJECT: STREET LIGHT DiB RETROFIT
VIA (ARCHITECT):
/1PPLICATION NO: 1
PERIOD TO: 5/25/2010
ARCHITECTS
PROJECT NO: 87252
CONTRACT DATE:
Page 2 of 2
DISTRIBUTION
TO:
OWNER
_ ARCHITECT
CONTRACTOR
ITEM DESCRIPTION
Designl Engin eering
10 Design Costs
20 Bond
30 Insurance
40 DB Fized Fee
Constructlon
50 Light Fixtures
60 Mobilization
70 Installation
80 GIS Data Collection
90 Traffic Control
100 General Conditlons
110 DB Fixed Fee
120 SDG&E Rebale
REPORT TOTALS
SCHEDULE PREVIOUS COMPLETED STORED COMPLETED
VALUE APPLICATIONS THIS PERIOD MATERIAL STORED ova BALANCE RETAINAGE
41,652.42 0.00 0.00 0.00 0.00 0.00 41,652.42 0.
19,200.00 0.00 0.00 0.00 0.00 0.00 19,200.00 0.
22,258.22 0.00 0.00 0.00 0.00 0.00 22,258.22 0.
4,323.53 0.00 0.00 0.00 0.00 0.00 4,323.53 0.
Totals: 87,434.17 0.00 0.00 0.00 0.00 0.00 87,434.17 0.
1,428,300.00 0.00 0.00 0.00 0.00 0.00 1,428,300.00 0
25,500.00 0.00 0.00 0.00 0.00 0.00 25,500.00 0
291,353.00 0.00 0.00 0.00 0.00 0.00 291,353.00 0
11,sso.oo o.DD 0.00 0.00 0.00 0.00 11sso.oa o
33,ifi0.00 0.00 0.00 0.00 0.00 0.00 33,160.00 0
56,271.88 .0.00 0.00 0.00 0.00 0.00 56,271.88 0
148,591.95 0.00 0.00 0.00 0.00 0.00 148,591.95 0
Totals: 1,995,136.83 0.00 0.00 0.00 0.00 0.00 1,995,136.83 0
-115,000.00 0.00 0.00 0.00 0.00 0.00 -115,000.00 0
00
00
00
00
00
00
00
00
Do
00
oD
00
00
00
$1,967,571.00
$0.00 $0.00
$0.00 $0.00 0.00 $1,967,571.00 $0.00
EXHIBIT B
39
6-85
-ECE-ARRA
EXHIBIT D
FEDERAL PROVISIONS INCORPORATED BY REFERENCE, SPECIAL
PROVISIONS RELATING TO WORK FUNDED UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009, AND GENERAL FEDERAL
PROVISIONS -STATE ENERGY PROGRAM (SEP)
For purposes of this Exhibit D, the term "subawardee" refers to any entity other than
a vendor that receives funding from the Borrower to carry out or support any portion
of this Agreement. The term "vendor" refers to those entities defined as such by
OMB Circular A-133 (see Subpart B, Sections .105 and .210). The Borrower must
include all of the provisions below in its agreements with subawardees. Vendors are
subject only to the terms in Attachment 8 of this Exhibit (Vendor Flow-Down
Provisions).
1. FEDERAL REGULATIONS/GUIDELINES/OMB CIRCULARS INCORPORATED
BY REFERENCE
The Office of Management and Budget (OMB) Circulars, federal regulations, and
guidelines checked below are incorporated as part of this Agreement. OMB
Circulars may be accessed on the OMB web site at
www.whitehouse.gov/omb/circulars/index.html or by calling the Office of
Administration, Publications Office, at (202) 395-7332. Federal regulations may
be accessed at htto://ecfr.gpoaccess.gov.
The Borrower must include in its subawards and vendor agreements the
provisions below that apply to the particular organization concerned.
® Title 10 Code of Federal Regulations (CFR) Part 600: Department of
Energy (DOE) Financial Assistance Regulations
® Title 10 Code of Federal Regulations (CFR) Part 420: State Energy
Program
® State Energy Program Funding Opportunity Announcement DE-FOA-
0000052, CDFA Number 81.041, State Energy Program
(https://www.fedconnect. net/FedConnectn
® OMB Circular A-102: Common Rule for Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments
® OMB Circular A-110: Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations (also applicable to private entities)
ECAA ARRA T&Cs Page i of 22 5/11/10
Ex D
6-86
-ECE-ARRA
® OMB Circular A-87: Cost Principles for State, Local and Tribal
Governments
® OMB Circular A-21: Cost Principles for Educational Institutions
® OMB Circular A-122: Cost Principles Applicable to Grants, Contracts, and
Other Agreements with Non-Profit Organizations (non-profit organizations
and individuals, except for those specifically exempted)
® OMB Circular A-133: Audits of States, Local Governments, and Non-
profit Organizations
^ Other:
^ None
2. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
A. ARRA-FUNDED PROJECT
Funding for this award is from the American Recovery and Reinvestment Act
(ARRA) of 2009, Pub. L. 111-5. Funding for this award is authorized by Public
Resources Code, Section 25422, and the State Energy Program, Federal
Grant Number DE-EE0000221, CFDA Number 81.041. The federal grant
term expires on April 30, 2012. The Borrower and all subawardees/vendors
are subject to audit by appropriate federal or State of California (State)
entities. The State has the right to cancel, terminate, or suspend this
Agreement if the Borrower or its subawardee fails to comply with the reporting
and operational requirements contained herein.
B. ENFORCEABILITY
The Borrower agrees that if it or one of its subawardees/vendors fails to
comply with all applicable federal and State requirements governing the use
of ARRA funds, the State may withhold or suspend, in whole or in part,
funds awarded under the program, or recover misspent funds following an
audit. This provision is in addition to all other remedies available to the State
under all applicable State and federal laws.
ECAA ARRA T&Cs Page 2 of 22 5/11/10
Ex D
s-a~
-ECE-ARRA
C. REGISTRATION REQUIREMENTS
Prior to beginning work, the Borrower must obtain a Dun and Bradstreet Data
Universal Numbering System (DUNS) number and register with the Central
Contract Registration (CCR). Websites are as follows:
DUNS website: http://www.dnb.com/US/duns update
CCR website: http://www.ccr.gov
The Borrower must maintain current registrations in the CCR at all times
during which it has an active award funded with ARRA funds. A DUNS
Number is one of the requirements for registration in the CCR.
D. SEGREGATION OF COSTS AND RECORDS
The Borrower and its subawardees/vendors must segregate the obligations
and expenditures related to funding under ARRA. 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 ARRA shall be commingled with any other funds or used for a
purpose other than that of making payments for costs allowable for ARRA
projects. Pursuant to 10 C.F.R. section 800.242 (incorporated by reference
herein), records must be maintained for three (3) years after the loan is
repaid in full or 3 years after the federal grant term, whichever is later,
unless the Commission or Federal Government requests a longer retention
period.
The Borrower and its subawardees/vendors must keep separate records for
ARRA funds to ensure those records comply with the requirements of
ARRA. If this loan is split-funded with non-ARRA funds, the Borrower must
track and report the ARRA funds separately to meet the reporting
requirements of ARRA and related guidance.
The Borrower's accounting records must be supported by such source
documentation as cancelled checks, paid bills, payrolls, time and
attendance records, and contract and subaward/vendor documents.
The Borrower recognizes that Title 10 of the Code of Federal Regulations
(CFR) section 420.18 places limitations on the use of funds available under
this Agreement. The parties recognize and acknowledge that the funds
available under this Agreement may be used for the purchase and
installation of equipment and materials for energy efficient measures and
renewable energy measures, including reasonable design costs, in
accordance with 10 CFR 420.18, subdivision (e). The parties further
recognize and acknowledge that the 50 percent funding limitations of 10
CFR 420.18, subdivision (e), paragraph (2), do not apply to the use of
ARRA funds under this Agreement. (Refer to Section 9.7 of Exhibit 1 of the
ECAA ARRA T&Cs Page 3 of 22 5/1 V W
Ex D
6-88
-ECE-ARRA
U.S. Department of Energy Funding Opportunity Announcement DE-FOA-
0000052.)
E. PROHIBITION ON USE OF ARRA FUNDS
The Borrower agrees that, in accordance with ARRA, Section 1604, none of
the funds provided under this agreement derived from ARRA may be used
for any casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool.
ACCESS TO RECORDS
In accordance with ARRA Sections 902, 1514, and 1515, the Borrower agrees
that it shall permit the State of California, the United States Comptroller
General or his representative, or the appropriate Inspector General appointed
under Section 3 or 8G of the United States Inspector General Act of 1978 or
his representative to: (1) examine any records of the Borrower or any of its
subawardeesNendors that directly pertain to, and involve transactions relating
to, this Agreement; and (2) interview any officer or employee of the Borrower
or any of its subawardees/vendors regarding the activities funded with funds
appropriated or otherwise made available by ARRA. The Borrower shall
include this provision in all of its agreements with its subawardees/vendors
from whom it acquires goods or services in its execution of the ARRA-funded
work.
G. PUBLICATION
Information about this agreement will be published on the Internet and
linked to the website www.recovery.aov, maintained. by the Accountability
and Transparency Board. The Board may exclude posting contractual or
other information on the website on a case-by-case basis when necessary
to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
H. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR
WHISTLEBLOWERS
The Borrower agrees that both it and its subawardees/vendors shall comply
with Section 1553 of ARRA, which prohibits all non-federal contractors,
including the State, and all contractors of the State, from discharging,
demoting or otherwise discriminating against an employee for disclosures
by the employee that the employee reasonably believes are evidence of: (1)
gross mismanagement of a contract relating to ARRA funds; (2) a gross
waste of ARRA funds; (3) a substantial and specific danger to public health
ECAA ARRA T&Cs Page 4 of 22 5/11110
Ex D
6-89
-ECE-ARRA
or safety related to the implementation or use of ARRA funds; (4) an abuse
of authority related to implementation or use of ARRA funds; or (5) a
violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) awarded or issued relating
to ARRA funds. The Borrower agrees that it and its subawardees shall post
notice of the rights and remedies available to employees under Section
1553 of Title XV of Division A of the ARRA.
The requirements of Section 1553 of the ARRA are summarized below.
They include, but are not limited to:
Prohibition on Reprisals: An employee of any non-federal employer
receiving covered funds under ARRA 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 grand 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
• A violation of law, rule, or regulation related to an agency contract
(including the competition for or negotiation of a contract) or grant,
awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general
report of an alleged reprisal, the head of the agency shall determine
whether there is sufficient basis to conclude that the non-federal employer
has subjected the employee to a prohibited reprisal. The agency shall
either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the
person held before the reprisal, together with compensation including
back pay, compensatory damages, employment benefits, and other
ECAA ARRA T&Cs Page 5 of 22 5/11/10
Ex D
6-90
-ECE-ARRA
terms and conditions of employment that would apply to the person in
that position if the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the
aggregate amount of all costs and expenses (including attorneys'
fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding
the reprisal, as determined by the head of a court of competent
jurisdiction.
Non-enforceability of Certain Provisions Waiving Rights and Remedies or
Requiring Arbitration: Except as provided in a collective bargaining
agreement, the rights and remedies provided to aggrieved employees by
this section may not be waived by any agreement, policy, form, or condition
of employment, including any predispute arbitration agreement. No
predispute arbitration agreement shall be valid or enforceable if it requires
arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer
receiving covered funds under ARRA shall post notice of the rights and
remedies as required therein. (Refer to Section 1553 of ARRA located at
www.recoverv.aov, for specific requirements of this section and prescribed
language for the notices.)
I. INFORMATION IN SUPPORT OF ARRA REPORTING
The Borrower will be required to submit backup documentation for
expenditures of funds under ARRA including such items as timecards and
invoices. See Loan Agreement, Section 3, Loan Disbursement Schedule,
for more details on backup documentation required for invoicing. In addition
to the invoicing requirements, the Borrower shall provide copies of backup
documentation at the request of the U.S. Department of Energy's (DOE's)
Contracting Officer or designee, or the Commission's Contract Manager or
designee.
J. FALSE CLAIMS ACT
The Borrower agrees that it shall promptly notify the State and shall refer to
an appropriate federal inspector general any credible evidence that a
principal, employee, agent, subawardee/vendor or other person has
committed a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving ARRA funds.
ECAA ARRA TBCs Page 6 of 22 5/11110
Ex D
6-91
-ECE-ARRA
K. AVAILABILITY OF FUNDS
Funds appropriated under ARRA and obligated to this award are available
for reimbursement of costs until the end of the loan term or April 30, 2012,
whichever comes first.
L. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF ARRA
1) This award requires the Borrower to complete projects or activities
which are funded under ARRA and to report on use of ARRA funds
provided through this award. Information from these reports will be
made available to the public.
2) The reports are due in accordance with Section 12 of this Loan
Agreement in addition to this section.
3) Progress reports are due monthly by the third of the following month.
For example, the January progress report is due by February 3.
4) The Borrower must maintain current registration in the CCR
(htto://www.ccr.oov) at-all times during which it has an active federal
award funded with ARRA funds. A DUNS Number
(htto://www.dnb.com) is one of the requirements for registration in the
CCR.
5) The Borrower shall report the information described in Section 1512(c)
of ARRA and other information reasonably requested by the State or
required by the federal government or by the State to meet their
obligation to provide accurate, complete, and timely information to the
public; to meet the federal program reporting requirements; and/or to
comply with State or federal law or regulation. Standard data elements
and federal instructions for use in complying with reporting
requirements under Section 1512 of ARRA are provided online at
www.FederalReporting.gov.
6) The Borrower shall submit reports to the Commission's Project
Manager in a format determined by the Commission. The Borrower
must NOT register at FederalReporting.gov.
7) The Borrower must provide information including, but not limited to, the
following:
ECAA ARRA T&Cs Page 7 of 22 5/11/10
Ex D
6-92
-ECE-ARRA
ECAA ARRA T&Cs
a) ARRA Section 1512 Report
• Direct jobs created (i.e., new positions created and filled or
unfilled positions that are filled) and jobs retained (i.e.,
previously existing filled positions that are retained as a
result of ARRA funds). Only include jobs that are directly
funded by ARRA funds. The number shall be expressed as
"full-time equivalent" (FTE), calculated cumulatively as all
hours worked divided by the total number of hours in a full-
time schedule.
• Description of jobs created. Provide a brief description of
impact on the Borrower's workforce and include the types of
jobs created and retained. Include time base (full-time or
part-time) and duration (1 year, 1-2 years, 2-5 years, or more
than 5 years).
• Furthermore, Borrowers will be required to calculate direct
jobs created and retained by each subcontractor,
including all subrecioients and manv vendors. Job
calculations will be captured on the FTE Calculator tab of
the Subrecipient 1512 reporting spreadsheet. Per the
Single Audit Act Amendments of 1996, Borrowers should
be able to substantiate vendor/subcontractor job hours
reported by retaining payroll and project records for a
minimum of three (3) years after the final payment has
been received. The requirement to calculate vendor jobs
does not apply to subcontracts with material suppliers or
central service ~oviders (so-called "indirect" jobs).
• Dun and Bradstreet (D&B) Data. Universal Numbering
System (DUNS) number.
• Central Contractor Registration (CCR) number.
• Award number.
• Name (legal name as registered in CCR or D&B).
The Doing-Business-As (DBA) name as registered in CCR
or D&B.
• Address (physical location as listed in the CCR).
• Congressional district (based on physical location address).
• Type of entity (this is the "Business Type" in the CCR).
• Amount awarded (total amount of the Commission
agreement).
• Amount received (total cumulative amount of Commission
agreement funds received as of the reporting period).
• Date of award (date the Commission agreement was
signed).
• Award period (term of the Commission agreement).
Page 8 of 22 5/11/10
Ex D
6-93
ECE-ARRA
ECAA ARRA T&C5
• Place of performance (the physical location of primary place
of performance, including street address, city, state, zip
code+4, country, congressional district, state senate district,
and state assembly district).
• Area of benefit (e.g., state, county, city, special district).
• Names and total compensation of five most highly
compensated officers for the calendar year in which the.
agreement is awarded if,
• In the Borrower's preceding fiscal year, the Borrower
received -
- 80 percent or more of its annual gross revenues
from federal contracts (and subcontracts), loans,
grants (and subgrants) and cooperative
agreements; and
- $25,000,000 or more in annual gross revenues
from federal contracts (and subcontracts), loans,
grants (and subgrants) and cooperative
agreements
• The public does not have access to information about
the compensation of the senior executives through
periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
• Vendor Data Elements (purchases $25,000 or above)
• DUNS or name.
Zip code of Headquarters.
Description of the product and/or service provided by
the vendor.
• The amount invoiced from the vendor (aggregated)
that will be paid with ARRA funds.
b) U.S. Department of Energy SEP Progress Report
• A comparison of the actual accomplishments with the goals
and objectives established for the period and reasons why
the established goals were not met.
• A discussion of what was accomplished under these goals
during this reporting period, including major activities,
significant results, major findings or conclusions, key
outcomes or other achievements. This section should not
contain any proprietary data or other information not subject
to public release. If such information is important to reporting
progress, do not include the information, but include a note
in the report advising the reader to contact the Principal
Investigator or the Project Director for further information.
Page 9 of 22 5/11/10
Ex D
6-94
-ECE-ARRA
• Cost Status. Show approved budget by budget period and
actual costs incurred. Separate costs by project activities,
administration, and evaluation.
• Schedule Status. List milestones, anticipated completion
dates, and actual completion dates.
• Any changes in approach or aims, and reasons for change.
Actual or anticipated problems or delays, and actions taken
or planned to resolve them.
• Any absence or changes of key personnel or changes in
consortium/teaming arrangement.
• A description of any product produced or technology transfer
activities accomplished during this reporting period, such as:
• Publications (list journal name, volume, issue);
conference papers; or other public releases of results.
• Web site or other Internet sites that reflect the results
of this project.
• Networks or collaborations fostered.
• Technologies/techniques.
• Inventions/patent applications.
• Other products, such as data or databases, physical
collections, audio or video, software or netware,
models, educational aid or curricula, instruments or
equipment.
• Performance Metrics
• Energy saved (kWh, therms, gallons, Btu, etc.).
• Renewable energy installed capacity and generated.
• GHG emissions reduced (tons) (C02 equivalents)
(methane, carbon, sulfur dioxide, nitrogen oxide,
carbon monoxide).
• Energy cost savings.
• Funds leveraged.
• Project type metrics. The key metrics to be reported will
vary by project type. See Exhibit D, Attachment 6, Project
Type Metrics.
M. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) -
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
The Borrower agrees that in accordance with ARRA, Section 1605, neither it
nor its subawardees/vendors will use ARRA funds for a project for the
construction, alteration, maintenance, or repair of a public building or public
ECAA ARRA T&Cs Page 10 of 22 5/11/10
Ex D
6-95
-ECE-ARRA
work unless all of the iron, steel and manufactured goods used in the project
are produced in the United States in a manner consistent with United States
obligations under international agreements. The Borrower understands that
this requirement may only be waived by the applicable federal agency in
limited situations as set out in ARRA, Section 1605.
1) Definitions. As used in this award term and condition-
a) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been-
• Processed into a specific form and shape; or
• Combined with other raw material to create a material that has
different properties than the properties of the individual raw
materials.
b) Public building and public work means a public building of, and a
public work of, a governmental entity (the United States; the District
of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi-State,
regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges,
dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance, or repair of such buildings and
works.
c) Steel means an alloy that includes at least 50 percent iron, between
.02 and 2 percent carbon, and may include other elements.
2) Domestic preference.
a) This award term and condition implements Section 1605 of the ARRA
by requiring that all iron, steel, and manufactured goods used in the
project are produced in the United States except as provided in
paragraph 2b and 2c of this section and condition.
b) This requirement does not apply to the material listed by the Federal
Government as follows:
-None
ECAA ARRA 7&Cs Page 11 of 22 5!11/10
Ex D
6-96
-ECE-ARRA
c) The award official may add other iron, steel, and/or manufactured
goods to the list in paragraph 2b of this section and condition if the
Federal Government determines that-
The cost of the domestic iron, steel, and/or manufactured goods
would be unreasonable. The cost of domestic iron, steel, or
manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the
overall project by more than 25 percent;
The iron, steel, and/or manufactured good is not produced, or
manufactured in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
The application of the restriction of Section 1605 of the ARRA
would be inconsistent with the public interest.
3) Request for determination of inapplicability of Section 1605 of the ARRA.
a) (i) Any recipient request to use foreign iron, steel, and/or
manufactured goods in accordance with paragraph 2c of this section
shall include adequate information for Federal Government
evaluation of the request, including-
A description of the foreign and domestic iron, steel, and/or
manufactured goods;
Unit of measure;
Quantity;
• Cost;
Time of delivery or availability;
Location of the project;
Name and address of the proposed supplier; and
A detailed justification of the reason for use of foreign iron, steel,
and/or manufactured goods cited in accordance with paragraph
2c 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 4 of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall
include all delivery costs to the construction site and any
applicable duty.
(iv) Any recipient request for a determination submitted after ARRA
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
ECAA ARRA T&Cs Page 12 of 22 5~11~1~
Ex D
6-97
-ECE-ARRA
and could not have requested the determination before the funds
were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
b) If the Federal Government determines. after funds have been
obligated for a project for construction, alteration, maintenance, or
repair that an exception to Section 1605 of the ARRA applies, the
award official will amend the award to allow use of the foreign iron,
steel, and/or relevant manufactured goods. When the basis for the
exception is nonavailability or public interest, the amended award
shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is
the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in
2 CFR 176.110(a).
c) Unless the Federal Government determines that an exception to
Section 1605 of the ARRA applies, use of foreign iron, steel, and/or
manufactured goods is noncompliant with Section 1605 of ARRA.
4) Data. To permit evaluation of requests under paragraph 2 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 $s
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
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.]
ECAA ARRA TBCs Page 13 of 22 5/11/10
Ex D
I)-98
-ECE-ARRA
N. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE ARRA
In accordance with ARRA, Section 1606, the Borrower assures that it and
its subawardees/vendors shall fully comply with said Section and
notwithstanding any other provision of law and in a manner consistent with
other provisions of ARRA, 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 ARRA
shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the United States
Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title
40, United States Code (Davis-Bacon Act). It is understood that the
Secretary of Labor has the authority and functions set forth in
Reorganization Plan Numbered 14 or 1950 (64 Stat. 1267; 5 U.S.C. App.)
and Section 3145 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
CFR 5.5 instruct agencies concerning application of the standard Davis-
Bacon contract clauses set forth in that section.
The Borrower will complete and certify by signature on Attachment 7 of this
Agreement its commitment to comply with 29 CFR 5.5, and return it to the
Commission Grants and Loans Officer.
When advertising for a public contract opportunity, Borrowers must attach the
applicable wage determinations to the solicitation, assistance agreement, and
resulting contract or grant.
O. ARRA TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS
1) To maximize the transparency and accountability of funds authorized
under ARRA as required by Congress and in accordance with 2 CFR
215.21 "Uniform Administrative Requirements for Grants and
Agreements" and OMB Circular A-102 Common Rules provisions, the
Borrower agrees to maintain records that identify adequately the source
and application of ARRA funds. OMB Circular A-102 is available at
http•//www Whitehouse oov/omb/circulars/a102/a102 html.
2) If the Borrower is covered by the Single Audit Act Amendments of 1996
and OMB Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations," the Borrower agrees to separately identify the
expenditures for federal awards under the ARRA on the Schedule of
ECAA ARRA T&Cs Page 14 of 22 5111/10
Ex D
6-99
-ECE-ARRA
Expenditures of Federal Awards (SEFA) and the Data Collection Form
(SF-SAC) required by OMB Circular A-133. OMB Circular A-133 is
available at
htto~//www Whitehouse gov/omb/circulars/a133/a133 html. This shall be
accomplished by identifying expenditures for federal awards made under
ARRA separately on the SEFA, and as separate rows under Item 9 of
Part III on the SF-SAC by CFDA number, and inclusion of the prefix
"ARRA=' in identifying the name of the federal program on the SEFA and
as the first characters in Item 9d of Part III on the SF-SAC.
3) The Borrower agrees to separately identify to each subawardee, and
document at the time of subaward and at the time of disbursement of
funds, the federal award number, CFDA number, and amount of ARRA
funds. When the Borrower awards ARRA funds for an existing program,
the information furnished to subawardee shall distinguish the subawards
of incremental ARRA funds from regular subawards under the existing
program.
4) The Borrower agrees to require its subawardees to include on their
SEFA information to specifically identify ARRA funding similar to the
requirements for the recipient SEFA described above. This information is
needed to allow the recipient to properly monitor subrecipient
expenditure of ARRA funds as well as oversight by the federal awarding
agencies, Offices of Inspector General, and the Government
Accountability Office.
P. DATA IN SUPPORT OF ENERGY SAVINGS AND EMISSION
REDUCTIONS
1) The Commission may request utility bill data from ARRA SEP program
participants to track program energy saving and greenhouse gas
emission reduction impacts. Upon request, ARRA SEP program
participants must be prepared to provide utility billing data for at least the
12 months preceding and the 12 months following the project's
implementation of a building retrofit project. To ease the burden of this
data provision by the participant, the Commission will work with the
participant's utility company to facilitate the electronic exchange of the
required billing data. The Borrower authorizes the Commission to
exchange this data with the Borrower's energy utility company and
agrees to complete an authorization form if requested by the
Commission.
2) Upon written request from the Commission, the Borrower and its
subawardees shall allow the Commission or its agent access to facilities
and records and allow the Commission or its agent to collect data
needed to measure and verify electricity and fuel reductions (this may
ECAA ARRA T&Cs Page 15 of 22 5/1 t/10
Ex D
6-100
-ECE-ARRA
include but is not limited to utility bills, metering data, facility equipment
surveys, information on operational practices, and site occupancy
levels). Further, if requested, the Borrower and subawardee must
provide the Commission or its agent associated data from a period prior
to the start of the project as necessary to establish baseline energy
and/or fuel use. The Borrower shall include this provision in its
subaward agreements.
O. STATE ARRA GUIDELINES FOR STATE ENERGY PROGRAM
The Commission's Guidelines for the State Energy Program, dated
September 30, 2009, (publication number CEC-150-2009-004-F) are hereby
incorporated by reference and made a part of this Agreement. The
Borrower warrants that it has read and understands the Guidelines and
acknowledges that requirements specified therein apply to the Borrower and
the funding provided under this Agreement. The Borrower acknowledges
that the Guidelines are subject to change pursuant to Public Resources
Code Section 25462 and that any changes made to the Guidelines shall
apply to the Borrower and the funding provided under this Agreement.
3. SITE VISITS
The Commission, the federal awarding agency, and/or their designees have the
right to make site visits at reasonable times to review project accomplishments and
management control systems and to provide technical assistance, if required. The
Borrower must provide and must require subawardees to provide reasonable
facilities 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.
4. NON-DISCRIMINATION CLAUSE
This award is subject to the provisions of 10 CFR 1040.1 et seq.,
Nondiscrimination in Federally Assisted Programs.
The Borrower will complete and certify by signature on the DOE Form 1600.5,
U.S. DOE "Assurance of Compliance," (Exhibit D, Attachment 1 of this
Agreement) its commitment to comply with this law and return it to the
Commission Grants and Loans Officer.
5. CERTIFICATIONS REGARDING LOBBYING AND DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
ECAA ARRA T&CS Page 16 of 22 5/11/10
Ex D
6-~~~
-ECE-ARRA
This award is subject to the provisions of 10 CFR Part 601, 2 CFR Part 180, and
2 CFR Part 901.
The Borrower will complete and certify by signature on the Form "Certifications
Regarding Lobbying and Debarment, Suspension and Other Responsibility
Matters' (Exhibit D, Attachment 2 of this Agreement) its commitment to comply
with these requirements and return it to the Commission's Grants and Loans
Officer.
6. LOBBYING RESTRICTIONS
The Borrower agrees that none of the funds obligated under this agreement shall
be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to
communicate to Members of Congress as described in 18 U.S.C. 1913. This
restriction is in addition to those prescribed elsewhere in statute and regulation.
The Borrower will disclose any lobbying activities by completing and signing the
Standard Form LtL (Exhibit D, Attachment 3 of this Agreement) and return it to the
Commission's Grants and Loans Officer.
7. NATIONAL POLICY ASSURANCES
The Borrower agrees to adhere to and include in any subawards the requirements
set forth in the attached "National Policy Assurances" (Exhibit D, Attachment 4 of
this Agreement).
8. PUBLICATIONS
A. The Borrower is encouraged to publish or otherwise make publicly available the
results of the work conducted under this Agreement.
B. An acknowledgment of Commission and federal support and a disclaimer must
appear in the publication of any material, whether copyrighted or not, based on
or developed under this project, as follows:
Acknowledgment. "This material is based upon work supported by the
California Energy Commission and the U.S. Department of Energy under Award
Number(s) DE-0000221."
Disclaimer. "This report was prepared as an account of work sponsored by
an agency of the United States Government. Neither the California Energy
Commission, the United States Government, nor any agency thereof, nor any
employees, makes any warranty, express or implied, or assumes any legal
liability or responsibility for the accuracy, completeness, or usefulness of any
ECAA ARRA T&Cs PEgeD17 of 22 5/t t/10
6-102
-ECE-ARRA
information, apparatus, product, or process disclosed, or represents that its
use would not infringe privately owned rights. Reference herein to any
specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, or favoring by the California Energy
Commission, 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 California Energy Commission, the United States
Government, or any agency thereof."
9. INTELLECTUAL PROPERTY PROVISIONS
A. The intellectual property provisions applicable to this award are provided as
Exhibit D, Attachment 5, to this award. A list of all intellectual property
provisions may be found at
http~//www gc energy qov/financial assistance awards htm.
B. Questions regarding intellectual property matters should be referred to the DOE
Award Administrator and the Patent Counsel designated as the service
provider for the DOE office that issued the award. The IP Service Providers'
List is found at
htto~//www ac doe qov/documents/Intellectual Prooertv (IP) Service Provide
rs for Acguisition.odf.
10. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
The Borrower must obtain any required permits and comply with all applicable
federal, state, and municipal laws, codes, and regulations for work performed
under this award.
11. [RESERVED]
12.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 Borrower or its subawardees
for (i) Decontamination and/or Decommissioning (D&D) of any of the Borrower's
or its subawardees' facilities, or (ii) any costs which may be incurred by the
Borrower or its subawardees 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.
ECAA ARRA T&Cs Page 18 of 22 5!11/10
Ex D
6-103
-ECE-ARRA
13. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE
The Borrower is restricted from taking any action using federal funds for projects
under this award that would have an adverse effect on the environment or limit
the choice of reasonable alternatives prior to DOE providing a final NEPA
determination regarding these projects.
If the Borrower moves forward with activities that are not authorized for federal
funding by the DOE Contracting Officer in advance of the final NEPA
determination, the Borrower is doing so at risk of not receiving federal funding,
and such costs may not be recognized as allowable cost share.
14.NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this award
should be American-made.
15. HISTORIC PRESERVATION
Prior to the expenditure of federal funds to alter any structure or site, the
Borrower is required to comply with the requirements of Section 106 of the
National Historic Preservation Act (NHPA) outlined in 36 CFR Part 800,
consistent with DOE's 2009 letter of delegation of authority regarding the NHPA.
Section 106 applies to historic properties that are listed in or eligible for listing in
the National Register of Historic Places. In order to fulfill the requirements of
Section 106, the Energy Commission and the Borrower 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 available at the following link:
http~//www ncshpo.oro/find/index.htm. THPO contact information is available at
the following link: http~//www nathpo org/map html.
Section 110(k) of the NHPA applies to DOE funded activities. Borrowers shall
avoid taking any action that results in an adverse effect to historic properties
pending compliance with Section 106.
The Energy Commission executed a Programmatic Agreement (Programmatic
Agreement) with the SHPO, as amended, to streamline the Section 106
consultation process and to categorically exclude some projects from the
SHPO's direct review and consultation. Because of their nature, these
categorically excluded projects cannot impact historic resources. The
categorically excluded projects are identified in the Programmatic Agreement and
include: (1) undertakings for planning, training and educational purposes; (2)
undertakings to replace equipment on existing buildings or structures that result
in no building or structure changes or ground disturbances; and (3) undertakings
ECAA ARRA T&Cs Page 19 of 22 5/11/10
Ez D
6-104
-ECE-ARRA
on buildings or structures less than 45 years of age that will result in no ground
disturbances. Projects that are categorically excluded from the SHPO's direct
review and consultation will be deemed to have satisfied Section 106 of NHPA
without further review or involvement by the SHPO.
The Energy Commission will evaluate projects to determine whether such
projects are categorically excluded from the SHPO's direct review and
consultation under the Programmatic Agreement. If projects are categorically
excluded, the Energy Commission will issue the Borrower a clearance letter on
the SHPO's behalf.
In order for the Energy Commission to determine whether a given project is
categorically excluded from the SHPO's direct review and consultation, the
Borrower must prepare a Consultation Package, as provided in the
Programmatic Agreement, for each building or structure upon. which the project
will be undertaken.
16. AVAILABILITY OF FEDERAL FUNDS
It is mutually agreed that partial or whole funding for this Agreement is dependent
upon a federal agreement (DE-EE0000221) that has a scheduled budget period
end date of April 30, 2012, and is subject to the following provisions: (1) This
Agreement is subject to any additional restrictions, limitations, or conditions enacted
by Congress or any statute enacted by Congress that may affect the provisions,
terms, or funding of this Agreement; (2) Funding for this Agreement is subject to
the approval of the U.S. Department of Energy (DOE) and to any additional
restrictions, limitations, or conditions imposed by DOE, federal law, federal court
judgments, and/or federal agency orders which may affect the provisions or
terms of this Agreement; (3) If Congress does not appropriate sufficient funds for
the program, this Agreement shall be amended to reflect any reduction in funds;
and (4) The Commission has the option to invalidate the Agreement under the 30-
day cancellation clause or to amend the Agreement to reflect any reduction in
funds.
17. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the
terms and conditions contained in this Exhibit D must be referred to the
Commission's Project Manager for guidance.
Any apparent inconsistency between Federal statutes and regulations and the
terms and conditions contained in the Loan Agreement, and Exhibits A through C
must be referred to the Commission's Project Manager for guidance.
ECAA ARRA T&CS Page 20 of 22 5/11/10
Ex D
6-105
-EC E-ARRA
18.STATEMENT OF FEDERAL STEWARDSHIP
DOE 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 circumstances to
correct deficiencies which develop during the project; assuring compliance with
terms and conditions; and reviewing technical performance after project completion
to ensure that the award objectives have been accomplished.
19. UTILITY REBATES
ARRA State Energy Program funding must be used to create new programs or
expand existing programs, including ratepayer-funded programs, and not to
supplant or replace existing state, ratepayer, or other funding. Therefore, if after
the project is completed, the Borrower receives a rebate from its utility or other
source for all or a portion of the project costs that have been funded by this loan,
the Borrower must submit principal repayment to the Commission in the amount
of that rebate within 10 working days of receipt of the rebate. This repayment will
be considered an unscheduled principal repayment.
20. CASH MANAGEMENT IMPROVEMENT ACT
In accordance with 31 United States Code (U.S.C.) sections 3335, 6501, and
6503 (the Cash Management Improvement Act, or CMIA) and implementing
regulations at 31 CFR Part 205, the Borrower shall minimize the time elapsing
between the drawdown of funds from the Energy Commission and the
disbursement of funds. The Borrower shall request reimbursement to occur as
close as possible to the disbursement.
The Borrower agrees that it has reviewed the applicable CMIA rules and
regulations, and will follow their requirements in handling funds received
pursuant to this Agreement. The Borrower also agrees that it will provide written
notification to each of its subawardees, if any, of the CMIA and the need for each
subawardee to comply with all applicable CMIA provisions and regulations
21. SPECIFIC REQUIREMENT TO SUBMIT WASTE MANAGEMENT PLAN
Prior to the proposed project activities generating any waste, the Borrower is
required to submit a copy of the Borrower's Waste Management Plan to the
Commission Project Manager. This Waste Management Plan will describe the
Borrower's plan to dispose of any sanitary or hazardous waste generated by the
proposed project activities. Sanitary and hazardous waste includes, but is not
ECAA ARRA T&Cs Page 21 of 22 5/11/10
Ex D
6-106
-ECE-ARRA
limited to, construction and demolition debris, old light bulbs, lead ballasts,
piping, roofing material, discarded equipment, debris, and asbestos.
The Borrower's Waste Management Plan must comply with all federal, state, and
local laws and regulations governing waste disposal.
22. SUBCONTRACTS
Borrower shall submit to the Energy Commission copies of all executed
subcontracts. Borrower shall also submit all applicable prevailing wage
determinations for any and all labor and mechanic work to be performed, for
Energy Commission approval. Borrower shall include this requirement in all
subcontracts.
ECAA ARRA T&Cs Page 22 of 22 5/11!10
Ex D
6-~07
AWARD#
EXHIBIT D
ATTACHMENT1
ASSURANCE OF COMPLIANCE
DOE F 1600.5 U.S. Department of Energy OMB Control No.
(06-94) Assurance of Compliance 1910-0400
All Other Editions are Obsolete
Nondiscrimination in Federally Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to Offce of Information Resources Management Policy, Plans, and Oversight, Records Management Division, HRA22 -
GTN, Paperwork Reduction Project (1900-0400), U.S. Department of Energy, 1000 Independence Avenue, S. W., Washington, DC 20585; and to
the Offce of Management and Budget (OMB), Paperwork Reduction Project (1900-0400), Washington, DC 20503.
(Hereinafter called the "Applicant")
HEREBY AGREES to comply with Title VI of Ne Civil Rights Act of 1964 (Pub. L.88-352), Section 16 of the Federal Energy Administration Act of
1974 (Pub.L.93-275), Section 401 of the Energy Reorganization Ad of 1974 (Pub.L.93~38), Ttle IX of the Education Amendments of 1972, as
amended (PUb.L.92-318, Pub.L.93-568, antl Pub.L.94-482), Section 504 of the Rehabilitation Ad of 1973 (Pub.L.93-112), the Age Discrimination Act
of 1975 (Pub.L.94-135), Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), the Department of Energy Organization Act of 1977 (PUb.L.95-91),
and the Energy Conservation antl Production Ad of 1976, as amendetl (Pub.L.94385) and Title 10, Code of Federal Regulations, Pan 1040. In
accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on
the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, property, or sWcture provided, leased, or improved with Federal
assistance extended fo the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which Federal
assistance is extended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the
transferee for the period during which Federal assistance is exended. If any personal property is so provided, this assurance obligates the Applicant
for the period during which it retains ownership or possession of the property. In all other cases, Nis assurance obligates the Applicant for the period
during which the Federal assistance is extended to the Applicant by the Department of Energy.
Employment Practices
Where a primary objective of the Fetleral assistance is to provide employment or where the Applicant's employment practices affect the delivery of
services in programs or activities resulting from Federal assistance extended by the Depanment, the Applicant agrees not to discriminate on the
ground of race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited
to, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility
programs; or other forms of compensation and use of facilities.
Subrecipient Assurance
The Applicant sball require any individual, organization, or other entitywith whom it subcontracts, subgrants, or subleases for the purpose of
providing any service, financial aid, equipment, property, or structure to comply with laws cited above. To this end, the Subrecipient shall be required
to sign a written assurance form, however, the obligation or both redpient and Subrecipient to ensure crompliance is not relieved by the collection or
submission of written assurance forms.
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the Applicant's receipt of
Federal assistance from the Department of Energy. Such information shall include, but is not limited to, the following: (1) the manner in which
services are or will be provided and related data necessary for determining whether any persons are or will be denied such services on the basis of
prohibited discrimination; (2) the population eligible to be served by race, wlor, national origin, sex, age, and disability; (3) data regarding covered
employment including use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit
effective partidpaton by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the
program and related information adequate for determining whether the location has or will have the effect of unnecessarily tlenying access to any
person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age, and disability, in
arty planning or advisory body which is an integral part of the program; and (6) any additional written data determined by the Department of Energy
to be relevant to its obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance.
ECAA ARRA T&Cs Page 1 of 2 5/11/10
Ex. D Att. 1
6-108
AWARD #
DOE F 1600.5
(06-94)
All Other Editions are Obsolete
OMB Control No.
1 s1 aoaoo
The Applicant agrees to submit requested data to the Department of Energy regarding programs and aUNities developed by the Applicant from the
use of Federal assistance funds extended by the Department of Energy, Facilities of the Applicant (including the physical plants, building, or other
structures) antl all records, books, accounts, and other sources of information pertinent to the Applicant's compliance with the civil rights laws shall
be made available for inspection during normal business hours on request of an officer or employee of the Department of Energy specifically
authorized to make such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U.S. Department of Energy.
This assurance is given in consideration of and for the purpose of obtaining any antl all Federal grants, loans, contracts (ezGUding procurement
contracts), property, discounts or other Federal assistance extended after the date hereto, to the Applicants by the Department of Energy, inUUding
installment payments on account after such data of application for Federal assistance which are approved before such date. The Applicant
recognizes and agrees that such Federal assistance vrill be extended in reliance upon the representation and agreements made in this assurance
and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, the
successors, transferees, and assignees, as well as the person(s) whose signature appears below and who are authorized to sign this assurance on
behalf of the Applicant.
Applicant Certification
The Applicant certifes that it has complied, or that, vriihin 90 days of the date of the grant, it vrili comply with all applicable requirements of 10 C.F.R.
§ 1040.5 (a copy will be furnished to the Applicant upon written request to DOE).
Designated Responsible Employee
( )
Name antl Ttle (Printed to Typed) Telephone Number
Applicant's Name
Date
Number
ECAA ARRA T&Cs Page 2 of 2 5/11/10
Ex. D Att. 1
6-109
AWARD#
EXHIBIT D
ATTACHMENT2
CERTIFICATIONS REGARDING LOBBYING AND
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 10 CFR Part 601 "New
Restrictions on Lobbying," 2 CFR Part 180 "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement) and 2 CFR Part 907 "Nonprocurement Debarment and Suspension' The
certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Energy determines to award the covered transaction, grant, or cooperative agreement.
LOBBYING
The undersigned certifes, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contrails under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transacion was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. ADDITIONAL LOBBYING REPRESENTATION
Applicant organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and engage in
lobbying activities after December 31, 1995, are not eligible for the receipt of Federal funds constituting an award,
grant, or loan.
As set forth in seilion 3 of the Lobbying Disclosure Act of 1995 as amended, (2 U.S.C. 1602), lobbying activities are
defined broadly to include, among other things, contacts on behalf of an organization with specified employees of the
Executive Branch and Congress with regard to Federal legislative, regulatory, and program administrative matters.
Check the appropriate block:
The applicant is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986?
^Yes ^No
If you checked "Yes" above, check the appropriate block:
The applicant represents that after December 31, 1995 it ^ has ^ has not engaged in any lobbying activities as
defined in the Lobbying Disclosure Act of 1995, as amended.
ECAA ARRA T&CS PE~agepl of 2 5/11/10
b~l~~
AWARD #
3. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within athree-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery; falsifcation or destruction of records, making false statements, or
receiving stolemproperty;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within athree-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
SIGNATURE
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
Name of Applicant:
Printed Name and Title of
Authorized Representative:
SIGNATURE
ECAA ARRA T&Cs Page 2 of 2 5/i 1/10
~=1"1'1
AWARD#
EXHIBIT D
ATTACHMENT3
STANDARD FORM LLL
DISCLOSURE OF LOBBYING ACTIVITIES
Approved by OMB
0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for oublic burden disclosure)
1. Type of Federal Action: _ 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For material change only:
e. loan guarantee Year quarter
f. loan insurance Date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter
Prime _Subawardee Name and Address of Prime:
_
Tier , if Known:
Congressional District, if known:
Con ressional District, if known:
6. Federal DepartmenUAgency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
7. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address
(if individual, last name, first name, MI): if different from No. 10a) (last name, first name, MI):
11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This Signature:
disclosure of lobbying activities is a material
representation of fact upon which reliance was placed Print Name:
by the tier above when this transaction was made or
entered into. This disclosure is required pursuant to 31 Title:
U.S.C. 1352. This information will be reported to the
Congress semi-annually and will be available for public Telephone No.: Date:
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only ' Authorized for Local Reproduction
Standard Form -LLL (Rev. 7-97)
ECAA ARRA T&Cs Page t of 2 5/17/'10
Ex. D Att. 3
6-112
AWARD #
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to
the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred. Enter
the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity.. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to
be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is
the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "subawardee," then enter the full name, address, city,
State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United States
Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and
loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the
contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).
Included prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity ident~ed in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in dem 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from
10(a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of
information unless it displays a valid OMB control Number. The valid OMB control number for this information
collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average
10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046),
Washington, DC 20503
ECAA ARRA T&Cs Page 2 of 2 5/11/10
Ez. D Att. 3
6-113
AWARD #
EXHIBIT D
ATTACHMENT 4
By signing this agreement or accepting funds under this agreement, the Recipient assures
that it will comply with applicable provisions of the following National Policy Assurances
NATIONAL POLICY ASSURANCES
(August 2008)
To the extent that a term does not apply to a particular type of activity or awazd, it is self-deleting.
I. Nondiscrimination Policies
You must comply with applicable provisions of the following national policies prohibiting
discrimination:
1 On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), as implemented by DOE regulations at 10 CFR part 1040;
2 On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042;
3 On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as
implemented by Department of Health and Human Services regulations at 45 CFR part 90 and DOE
regulations at 10 CFR part 1040;
4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR
part 1041;
5 On the basis of race, color, national origin, religion, disability, familial status, and sex under Title
VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the Deparument of Housing
and Urban Development at 24 CFR part 100; and
6 On the basis of disability in the Architectural Barriers Act of 1968(42 U.S.C. 4151 et seq.) for the
design, construction, and alteration of buildings and facilities fmanced with Federal funds.
II. Environmental Policies
You must:
1 Comply with applicable provisions of the Clean Air Act (42 U.S.C.7401, et. seq.) and Clean Water
Act (33 U.S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR, 1971-1975
Comp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32, Subpart J.
2 Immediately identify to us, as the awarding agency, any potential impact that you fmd this award
may have on:
ECAA ARRA T&Cs Page 1 of 7 5!71/10
6-~x14An. a
AWARD #
a. The quality of the human environment, including wetlands, and provide any help we may need to
comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et. seq.) and assist us
to prepare Environmental Impact Statements or other environmental documentation. In such cases,
you may take no action that will have an adverse environmental impact (e.g., physical disturbance of
a site such as breaking of ground) or limit the choice of reasonable alternatives until we provide
written notification of Federal compliance with NEPA, as implemented by DOE at 10 CFR part
1021.
b. Flood-prone areas, and provide any help we may need to comply with the National Flood
Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.), which
require flood insurance, when available, for Federally assisted construction or acquisition in flood-
prone aeeas, as implemented by DOE at 10 CFR part 1022.
c. Use of land and water resources of coastal zones, and provide any help we may need to comply
with the Coastal Zone Management Act of 1972(16 U.S.C. 1451, et. seq.).
d. Coastal bamers along the Atlantic and Gulf coasts and Great Lakes' shores, and provide help we
may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et. seq.), concerning
preservation of bamer resources.
e. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide
any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et
seq.).
£ Underground sources of drinking water in aeeas that have an aquifer that is the sole or principal
drinking water source, and provide any help we may need to comply with the Safe Drinking Water
Act(42 U.S.C. 300h-3).
3 Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4821-4846), as implemented by the Department of Housing and Urban Development at 24 CFR part
35. The requirements concern lead-based paint in housing owned by the Federal Government or
receiving Federal assistance.
4 Comply with section 6002 of the Resource Conservation and Recovery Act of 1976, as amended
(42 U.S.C. 6962), and implementing regulations of the Environmental Protection Agency, 40 CFR
Part 247, which require the purchase of recycled products by States or political subdivision of States.
IIi. Live Organisms
1 Human research subjects. You must protect the rights and welfaze of individuals that participate
as human subjects in reseazch under this awazd in accordance with the Common Federal Policy for
the Protection of Human Subjects (45 CFR part 46), as implemented by DOE at 10 CFR part 745.
2 Animals and plants.
a. You must comply with applicable provisions of Department of Agriculture rules at 9 CFR parts 1-
4 that implement the Laboratory Animal Welfaze Act of 1966 (7 U.S.C. 2131-2156) and provide for
humane transportation, handling, caze, and treatment of animals used in research, experimentation, or
testing under this award.
ECAA ARRA T&Cs Page 2 of 7 5/11110
Ex. D Att. 4
6-115
AWARD #
b. You must follow the guidelines in the National Academy of Sciences(NAS) Publication "Guide
for the Care and Use of Laboratory Animals"(1996, which may be found currently at
http://www.nap.edu/readingroom/books/labratsn and comply with the Public Health Service Policy
and Government principles Regarding the Care and use of animals (included as Appendix D to the
NAS Guide).
c. You must immediately identify to us, as the awazding agency, any potential impact that you find
this award may have on endangered species, as defined by the Endangered Species Act of 1973, as
amended ("the Act," 16 U.S.C. 1531-1543), and implementing regulations of the Departments of the
Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227). You also must provide any
help we may need to comply with 16 U.S.C. 1536(a)(2). This is not in lieu of responsibilities you
have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of
receiving this awazd.
IV. Other National Policies
1 Debarment and suspension. You must comply with requirements regazding debarment and
suspension in Subpart C of 2 CFR parts 180 and 901.
2 Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of
10 CFR part 607, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub.
L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).
3 Lobbying.
a. You must comply with the restrictions on lobbying in 31 U.S.C.1352, as implemented by DOE at
10 CFR part 601, and submit all disclosures required by that statute and regulation.
b. If you aze a nonprofit organization described in section 501(c)(4)of title 26, United States Code
(the Internal Revenue Code of 1968),you may not engage in lobbying activities as defined in the
Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). If we determine that you have engaged in
lobbying activities, we will cease all payments to you under this and other awazds and terminate the
awards unilaterally for material failure to comply with the award terms and conditions. By submitting
an application and accepting funds under this agreement, you assure that you aze not an organization
described in section 501(c)(4) that has engaged in any lobbying activities described in the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1611).
c. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent
express Congressional authorization, to pay duectly or indirectly for any service, advertisement or
other written matter, telephone communication, or other device intended to influence at any time a
Member of Congress or official of any government concerning any legislation, law, policy,
appropriation, or ratification.
4 Officials not to benefit. You must comply with the requirement that no member of Congress shall
be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance
with 41U.S.C. 22.
ECAA ARRA T&Cs Page 3 of 7 5111110
Ez. D Att. 4
s-~~6
AWARD #
5 Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 U.S.C. 1501-
1508 and 7324-7326), as implemented by the Office of Personnel Management at 5 CFR part 151,
which limits political activity of employees or officers of State or local governments whose
employment is connected to an activity financed in whole or part with Federal funds.
6 Native American graves protection and repatriation. If you control or possess Native American
remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10,
the Department of the Interior implementation of the Native American Graves Protection and
Repatriation Act of 1990 (25 U.S.C., chapter 32).
7 Fly America Act. You must comply with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the "Fly America Act," and
implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations
require air transport of people or properly to, from, between or within a country other than the United
States, the cost of which is supported under this awazd, to be performed by or under acost-sharing
arrangement with a U.S. flag carrier, if service is available.
8 Use of United States-flag vessels.
a. Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials or
commodities procured, contracted for or otherwise obtained with funds under this award, and which
may be transported by ocean vessel, must be transported on privately owned United States-flag
commercial vessels, if available.
b. Within 20 days following the date of loading for shipments originating within the United States or
within 30 working days following the date of loading for shipments originating outside the United
States, a legible copy of a rated, "on-boazd" commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph 9.a of this section shall be furnished to both our award
administrator (through you in the case of your contractor's bill-of-lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
9 Research misconduct. You must comply with the government-wide policy on reseazch
misconduct issued by the Office of Science and Technology Policy (available in the Federal Register
at 65 FR 76260, December 6,2000, or on the Internet at www.ostp.gov), as implemented by DOE at
10 CFR part 733 and 10 CFR 600.31.
10 Requirements for an Institution of Higher Education Concerning Military recruiters and
Reserve Officers Training Corps (ROTC).
a. As a condition for receiving funds under an awazd by the National Nuclear Security
Administration of the Department of Energy, you agree that you are not an institution of higher
education that has a policy or practice placing any of the restrictions specified in 10 U.S.C. 983. as
implemented by 32 CFR part 216, on:
i. Maintenance, establishment, or operation of Senior ROTC units, or student participation in
those units; or
ii. Military recruiters' access to campuses, students on campuses, or information about students.
ECAA ARRA T&Cs Page 4 of 7 5~11~10
Ex. D Att. 4
6-~~7
AWARD #
b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of higher
education during the period of performance of this award, we:
i. Will cease all payments to you of funds under this awazd and all other awazds subject to the
requirements in 32 CFR part 216; and
ii. May suspend or terminate those awards unilaterally for material failure to comply with the
awazd terms and conditions.
11. Historic preservation. You must identify to us any
a. Any property listed or eligible for listing on the National Register of Historic Places that will be
affected by this awazd, and provide any help we may need, with respect to this award, to comply with
Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f), as implemented by
the Advisory Council on Historic Preservation regulations at 36 CFR part 800 and Executive Order
11593, "Identification and Protection of Historic Properties," [3 CFR, 1971-1975 Comp., p. 559].
b. Potential under this award for irreparable loss or destruction of significant scientific, prehistorical,
historical, or archeological data, and provide any help we may need, with respect to this awazd, to
comply with the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.469a-1, et seq.).
12 Relocation and real property acquisition. You must comply with applicable provisions of 49
CFR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970(42 U.S.C. 4601, et seq.) and provides for fair and equitable treatment of persons
displaced by federally assisted programs orpersons whose properly is acquired as a result of such
programs.
13 Confidentiality of patient records. You must keep confidential any records that you maintain of
the identity, diagnosis, prognosis, or treatment of any patient in connection with any program or
activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is
assisted directly or indirectly under this awazd, in accordance with 42 U.S.C. 290dd-2.
14 Consfitution Day. You must comply with Public Law 108-447, Div. J; Title I, Sec. 111 (36
U.S.C. 106 note), which requires each educational institution receiving Federal funds in a Federal
fiscal yeaz to hold an educational program on the United States Constitution on September
17thduring that year for the students served by the educational institution.
15 Trafficking in Persons
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not-
i. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect;
or
ECAA ARRA T&Cs Page 5 of 7 5/11/10
6-~1Xl~n. a
AWARD#
iii. Use forced labor in the performance of the awazd or subawazds under the award.
2. We, as the awarding agency, may unilaterally terminate this award, without penalty, if you
or a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in pazagraph a.l of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in pazagraph a.l of this award term through
conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that aze provided in
2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 2 CFR part 901.
b. Provision applicable to a recipient other than a private entity. We, as the awarding agency, may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.l of this award
term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.l of this award term through
conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 2 CFR part 901.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging
a violation of a prohibition in paragraph a.l of this award term.
2. Our right to terminate unilaterally that is described in pazagraph a.2 or b. of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that aze available to us under
this award.
ECAA ARRA T&Cs Page 6 of 7 5/11/10
D K.4
6-~~
AWARD#
3. You must include the requirements of paragraph a.l of this awazd term in any subaward
you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services aze contributed by a third party as an in-kind contribution
toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
hazboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entiTy, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the defmition of Indian tribe
at 2 CFR 175.25(b).
B. Afor-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
V. National Policy Requirements for Subawards.
Recipient responsibility. You must include in any subaward you make under this award the
requirements of the national policy requirements in Sections I through N of this document that
apply, based on the type of subawazdee organization and situation
ECAA ARRA T&Cs Page 7 of 7 5111/10
Ex. D Att. 4
6-120
AWARD #
EXHIBIT D
ATTACHMENTS
FEDERAL INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Under this Agreement, the following intellectual property provisions apply to the rights of the
Energy Commission and the U.S. Department of Energy (DOE).
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).
10 CFR 600 136 Intanoible orooertv.
(a) The Energy Commission may copyright any work that is subject to copyright and was
developed, or for which ownership was purchased, under an award. DOE reserves aroyalty-
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 dr 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) (1) In addition, in response to a Freedom of Information act (FOIA) request for research
data relating to published research findings produced under an award that were used by the
Federal Government in developing an agency action that has the force and effect of law, the
DOE shall request, and the Energy Commission shall provide, within a reasonable time, the
research data so that they can be made available to the public through the procedures
established under the FOIA. If the DOE obtains the research data solely in response to a FOIA
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 Energy Commission, and applicable subrecipients. This fee is in addition to any fees the
agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)).
ECAA ARRA T&Cs Page 7 of 1 5/11/10
Ez. D rjtt_ 1 21
AWARD #
EXHIBIT D
ATTACHMENT6
PROJECT TYPE METRICS
Metrics Activity: The key metrics to be reported will vary by project type. The minimum information to
be reported, by project activity type, is listed below. The project type metrics to be reported for this award
are checked below.
^Building Codes and Standards
^ Name of new code adopted
^ Name of old code replaced
^ Number and percentage of new and existing buildings covered by new code
^ Other:
^Building Retrofits
^ Number of buildings retrofitted, by sector
^ Square footage of buildings retrofitted, by sector
^ Other:
^Clean Energy Policy
^ Number of alternative energy plans developed or improved
^ Number of renewable portfolio standards established or improved
^ Number of interconnection standards established or improved
^ Number of energy efficiency portfolio standards established or improved
^ Number of other policies developed or improved
^ Other:
^Building Energy Audits
^ Number of audits performed, by sector
^ Floor space audited, by sector
^ Auditor's projection of energy savings, by sector
^ Other:
^Energy Efficiency Rating and Labeling
^ Types of energyconsuming devices for which energy-efficiency rating and labeling systems were
endorsed by the State government, schools, or institutional procurement
^ Other:
^Government, School, Institutional Procurement
^ Number of units purchased, by type (e.g., vehicles, ofFce equipment, HVAC equipment,
streetlights, exit signs)
^ Other.
^Industrial Process Efficiency (kwh equivalents)
^ Reduction in natural gas consumption (mmcf)
^ Reduction in fuel oil consumption (gallons)
^ Reduction in electricity consumption (MWh)
^ Other:
ECAA ARRA TBCs Page 1 of 2 5/11/10
Ex. D Att. 6
6-122
AWARD #
^Industrial Retrofit Support
^ Number of buildings retrofitted, by industry type
^ Square footage of buildings retrofitted, by industry type
^ Other:
^Loans and Grants
^ Number and monetary value of loans given
^ Number and monetary value of grants given
^ Other:
^Renewable Energy Market Development
^ Number and size of solar energy systems installed
^ Number and size of wind energy systems installed
^ Number and size of other renewable energy systems installed
^ Other:
^Tax Credits
^ Monetary value of tax credits given, by sector
^ Other:
^Financial Incentives for Energy Efficiency and Other Covered Investments
^ Number and monetary value of financial incentive provided, by sector
^ Total value of investments incentivized, by sector
^ Other:
^Technical Assistance
^ Number of information transactions contacts (for example, webinar, site visit, media, fact sheet) in
which energy efFciency or renewable energy measure were recommended, by sector
^ Other:
^Transportation
^ Number of alternative fuel vehicles purchased
^ Number of conventional vehicles converted to alternative fuel use
^ Number of new alternative refueling stations emplaced
^ Number of new carpools and vanpools formed
^ Number ofenergy-efficient traffic signals installed
^ Number of street lane-miles for which synchronized traffic signals were installed
^ Other.
^Workshops, Training, and Education
^ Number of workshops, training, and education sessions held, by sector
^ Type of workshops, training, and education sessions held
^ Number of people attending workshops, training, and education sessions, by sector
^ Other:
^Other Activities Not Previously Defined
^ Pertinent metric information for any activity not defined above should be captured and included as
needed
^ Other:
^ Other:
^ Other:
ECAA ARRA T&Cs Page 2 of 2 5!'11/10
Ex. D Att. 6
6-123
AWARD #
EXHIBIT D
ATTACHMENT7
DAMS-BACON AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Definitions. For purposes of this exhibit, Davis Bacon Act and Contract Work Hours
and Safety Standards Act, the following definitions are applicable:
a) Award means any grant, cooperative agreement or technology investment
agreement made with Recovery Act funds by the Department of Energy (DOE) to
a Recipient. Such Award must require compliance with the labor standards
clauses and wage rate requirements of the Davis-Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Recipients (other than a
unit of State or local government whose own employees perform the
construction) Subrecipients, Contractors and subcontractors.
b) Contractor means an entity that enters into a Contract. For purposes of these
clauses, Contractor shall include (as applicable) prime contractors, Recipients,
Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and
lower-tier subcontractors. "Contractor" does not mean a unit of State or local
government where construction is performed by its own employees.
c) Contract means a contract executed by a Recipient, Subrecipient, prime
contractor or any tier subcontractor for construction, alteration, or repair. It may
also mean (as applicable) (i) financial assistance instruments such as grants,
cooperative agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial assistance
agreements. "Contract" does not mean a financial assistance instrument with a
unit of State or local government where construction is performed by its own
employees.
d) Contracting Officer means the DOE official authorized. to execute an Award on
behalf of DOE and who is responsible for the business management and non-
program aspects of the financial assistance process
e) Recioient means any entity other than an individual that receives an Award of
Federal funds in the form of a grant, cooperative agreement or technology
investment agreement directly from the Federal Government and is financially
accountable for the use of any DOE funds or property, and is legally responsible
for carrying out the terms and conditions of the program and Award.
Sutiaward means an award of financial assistance in the form of money, or
property in lieu of money, made under an award by a Recipient to an eligible
Subrecipient or by a Subrecipient to a lower- tier subrecipient. The term includes
financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement
of goods and services to carry out the program nor does it include any form of
assistance which is excluded from the definition of "Award" above.
ECAA ARRA T&Cs Page 7 of 11 5/11/10
Ex. D Att. 7
6-124
AWARD#
g) Subrecioient means anon-Federal entity that expends Federal funds received
from a Recipient to carry out a Federal program, but does not include an
individual that is a beneficiary of such a program.
(2) Davis Bacon Act
a)
Minimum wages
(i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act
of 1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor, regardless of any contractual
relationship which may be alleged to exist between the Contractor and
such laborers and mechanics.
The most current wage determinations of the Secretary of Labor
applicable to this Agreement are posted at www.wdol.gov, and are hereby
incorporated by reference into this Agreement. The Secretary of Labor
periodically updates wage rates to reflect the prevailing wages in a
particular locality. The Recipient, Subrecipient, the Recipient's and
Subrecipient's contractors and subcontractors are responsible for
checking the wage determinations published at www.wdol.gov to ensure
that the most recent wage determination is incorporated into any contract
or subcontract.
Note: The Recipient, Subrecipients, the Recipient's and Subrecipient's
contractors and subcontractors under this Agreement may not use the
residential weatherization worker wage determination published for the
Weatherization Assistance Program.
Once a wage determination is applied to any contract or subcontract, the
wages set forth in that wage determination shall remain effective for the
entire term of that contract even if the Secretary of Labor updates its
wage determinations during the term of the contract.
The Recipient, Subrecipients, the Recipient's and Subrecipient's
contractors and subcontractors are encouraged to contact the U.S.
Department of Labor (DOL) Wage and Hour Division at 1-866-487-9243,
or their local DOL Wage and Hour office, with questions concerning
choosing the correct wage rates to be paid to a contractor or
subcontractor.
ECAA ARRA T&Cs
Page 2 of 11
Ex. D Att. 7
5/11/10
6-125
AWARD#
Contributions made or costs reasonably anticipated for bona fide fringe
benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to 29 CFR Section 5.5 (a)(1)(iv) 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 weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Section 5.5(a)(4). 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. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Section 5.5
(a)(1)(ii)) 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.
(ii) (a) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting
Officer shall approve an additional classification and wage rate and fringe
benefits therefore only when 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; and
ii. The classification is utilized in the area by the construction
industry; and
iii. The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting
Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the
Wage and Hour Division, 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.
ECAA ARRA T&Cs Page 3 of 11 5/11/10
Ex. D Att. 7
6-126
AWARD#
(c) 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 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.
(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to 29 CFR Section 5.5(a)(1)(ii)(B) or (C), shall be paid to all
workers performing work in the classification under this Contract from the
first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed
as an hourly rate, the Contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) 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.
b) Withholding.
The Department of Energy or the Recipient or Subrecipient shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld from the Contractor under this Contract
or any other Federal contract with the same prime contractor, or any other
federally-assisted contract 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 Contract. 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 (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the Contract, the
Department of Energy, Recipient or Subrecipient may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary
ECAA ARRA T&Cs Page 4 of 11 5/11110
Ex. D Att. 7
6-~27
AWARD #
to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
c) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29
CFR Section 5.5(a)(1)(iv) that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii) (a) The Contractor shall submit weekly for each week in which any Contract
work is performed a copy of all payrolls to the Department of Energy if the
agency is a parry to the Contract, but if the agency is not such a party, the
Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable) applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy. The payrolls submitted shall
set out accurately and completely all of the information required to be
maintained under 29 CFR Section 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually
identifying number for each employee (e.g., the last four digits of the
employee's social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division Web
site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor
site. The prime Contractor is responsible for the submission of copies of
payrolls by all subcontractors. Contractors and subcontractors shall
maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the Department
of Energy if the agency is a party to the Contract, but if the agency is not
such a party, the Contractor will submit them to the Recipient or
ECAA ARRA T&Cs Page 5 of 11 SI11I10
Ex. D Att. 7
6-128
AWARD#
Subrecipient (as applicable) applicant, sponsor, or owner, as the case
may be, for transmission to the Department of Energy, the Contractor, or
the Wage and Hour Division of the Department of Labor for purposes of
an investigation or audit of compliance with prevailing wage requirements.
It is not a violation of this section for a prime contractor to require a
subcontractor to provide addresses and social security numbers to the
prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as
applicable) applicant, sponsor, or owner).
(b) 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 Contract and shall certify the following:
That the payroll for the payroll period contains the information
required to be provided under Secticn 5.5 (a)(3)(ii) of Regulations,
29 CFR part 5, the appropriate information is being maintained
under Section 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that
such information is correct and complete;
ii. That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the Contract during the payroll period
has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the Contract.
(c) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance" required by 29 CFR
Section 5.5 (a)(3)(ii)(B).
(d) The falsification of any of the above certifications 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.
(iii) The Contractor or subcontractor shall make the records required under 29
CFR Section 5,5(a)(3)(i) available for inspection, copying, or transcription
by authorized representatives of the .Department of Energy or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of
ECAA ARRA T&Cs Page 6 of 11 5111/10
Ex. D Att. 7
6-129
AWARD#
funds. Furthermore, failure to submit the required records upon request or
to make such records available may be grounds for debarment action
pursuant to 29 CFR Section 5.12.
d) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
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 Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. 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. Any
worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the 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 actually performed. 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 the 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 of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of
an apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR Section 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
ECAA ARRA T&Cs Page 7 of 11
Ex. D Att. 7
5111!10
6-130
AWARD #
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at
not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed on 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 on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee
listed on the payroll at a trainee rate who. is not registered and
participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration
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 until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees
and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
e) Compliance with Copeland Act requirements. The Contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this
Contract.
Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and
Subrecipient's contractors and subcontractor shall insert in any Contracts the
clauses contained in 29 CFR Sections 5.5(a)(1) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The Recipient shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all of the paragraphs in this
clause.
g) Contract termination: debarment. A breach of the Contract clauses in 29 CFR
Section 5.5 may be grounds for termination of the Contract, and for debarment
as a contractor and a subcontractor as provided in 29 CFR Section 5.12.
ECAA ARRA TBCs
Page 8 of 11
Ex. D Att. 7
sn v1 a
6-131
AWARD #
h) Compliance with Davis-Bacon and Related Act requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,
3, and 5 are herein incorporated by reference in this Contract.
i) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of
this Contract. Such disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the Recipient, Subrecipient,
the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
j) Certification of eligibility.
(i) By entering into this Contract, 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 contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR Section
5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR Section 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. Section 1001.
k) Requirement to submit copies of certified payrolls
Borrower is responsible to submit to the Energy Commission on a weekly basis
from the beginning of the project, a copy of all certified payrolls prepared in
accordance with this Exhibit for all lower tier contractors.
Requirement to notify the Energy Commission of any non-compliance
Borrower is responsible to notify the Energy Commission of any non-compliance
with Davis-Bacon Act prevailing wage requirements by any lower tier contractors.
3) Contract Work Hours and Safety Standards Act. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
a) Overtime requirements. No Contractor or subcontractor contracting for any part
of the Contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek
ECAA ARRA TBCs Page 9 of N 5111/10
Ex. D Att. 7
6-132
AWARD #
b) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in 29 CFR Section 5.5(b)(1) the Contractor and
any subcontractor responsible therefore shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set. forth in
29 CFR Section 5.5(b)(1), in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set
forth in 29 CFR Section 5.5(b)(1).
c) Withholding for unpaid wages and liquidated damages. The Department of
Energy or the Recipient or Subrecipient shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by
the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime Contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in 29 CFR Section 5.5
(b)(2)~
d) Contracts and Subcontracts. The Recipient, Subrecipient and Recipient's and
Subrecipient's contractor or subcontractor shall insert in any Contracts the
clauses set forth in 29 CFR Sections 5.5 (b)(1) through (4) and also a clause
requiring the subcontractors to include these clauses in any .lower tier
subcontracts. The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR
Sections 5.5 (b)(1) through (4) .
d) The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the work and shall preserve them
for a period of three years from the completion of the Contract for all
laborers and mechanics, including guards and watchmen, working on
the Contract. Such records shall contain the name and address of each
such employee, social security number, correct classifications, hourly
rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. The records to be maintained
under this paragraph shall be made available by the Contractor or
subcontractor for inspection, copying, or transcription by authorized
representatives of the Department of Energy and the Department of
Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
ECAA ARRA T&Cs
Page 10 of 11 5/11/10
Ex. D Att. 7
6-133
AWARD #
SIGNATURE
As the duly authorized representative of the applicant, I hereby certify that the applicant will
comply with the requirements of 29 C.F.R. § 5.5.
Name of Applicant:
Printed Name and Title of
Authorized Representative:
IGNATURE
DATE
ECAA ARRA T&Cs Page 11 of 11
Ex. D Att. 7
sn v10
6-134
AWARD#
EXHIBIT D
ATTACHMENT8
VENDOR FLOW-DOWN PROVISIONS
The provisions below must be included in all contracts with vendors that receive ARRA funding.
The terms "vendor" and "subrecipient" as used below refer to those entities defined as such by
Office of Management and Budget (OMB) Circular A-133, Subpart A, Section .105 and Subpart B,
Section .210.
NOTE: Section numbers in parentheses refer to Section Number of this Agreement
A. Federal RegulationslGuidelineslOMBCirculars Incorporated by Reference
Title 10 CFR Part 600 (Section 1)
2. Additional provisions that apply to the vendor (Section 1)
B. Special Provisions Relating to Work Funded under the American Recovery and
Reinvestment Act of 2009
3. ARRA-Funded Project (Section 2A)
4. Segregation of Costs and Records (Section 2D)
5. Prohibition on Use of ARRA Funds (Section 2E)
6. Access to Records (Section 2F)
7. Protecting State and Local Government and Contractor Whistleblowers (Section 2H)
8. Information in Support of ARRA Reporting (Section 21)
9. False Claims Act (Section 2J)
10. Reporting and Registration Requirements under Section 1512 of ARRA (Applicable only
if payment to the vendor is $25,000 or more. Please use the following language in
vendor subcontracts, rather than the language in the "Reporting and Registration
Requirements" paragraph in this exhibit) (Section 2L)
As this award requires [name of vendor] to complete projects or activities funded under
ARRA, [name of vendor] must provide the following "Vendor Data Elements" to [name
of subrecipient, or name of other entity that entered into contract with vendor]. This
information must be provided to [name of subrecipient], so that it may fulfill its ARRA
reporting obligations:
Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(htto:/iwww.dnb.com) or name and zip code of headquarters
11. Required Use of American Iron, Steel, and Manufactured Goods (Covered Under
International Agreements) - Section1605 of ARRA (Section 2M)
12. Wage Rate Requirements Under Section 1606 of ARRA (Section 2N)
13. ARRA Transactions Listed in Schedule of Expenditures of Federal Awards (Section 20)
ECAA ARRA T&Cs Page 1 of 2 5/'11/10
Ex. D Att. 8
6-135
AWARD#
C. Additional Federal Provisions
14. Site Visits (Section 3)
15. Non-Discrimination Clause (Section 4)
16. Certifications Regarding Lobbying and Debarment, Suspension and Other
Responsibility Matters (Section 5)
17. Lobbying Restrictions (Section 6)
18. National Policy Assurances (Section 7)
19. Intellectual Property Provisions (Section 9)
20. Federal, State, and Municipal Requirements (Section 10)
21. Decontamination and/or Decommissioning (D&D) Costs (Section 12)
22. Notice Regarding the Purchase of American-Made Equipment and Products-Sense of
Congress (Section 14)
23. Resolution of Conflicting Conditions (Please use the following language in vendor
subcontracts, rather than the language in the "Resolution of Conflicting Conditions"
paragraph in this exhibit) (Section 17)
Any apparent inconsistency between federal statutes and regulations and the terms and
conditions contained in this award must be referred to [name of subrecipient, or name of
other entity that entered into contract with vendor]. [Name of subrecipient] will refer the
matter to the Energy Commission's Chief Counsel's Office for guidance.
24. Cash Management Improvement Act (Section 20)
25. Specific Requirement to Submit Waste Management Plan (Section 21)
26. Subcontracts (Section 22)
D. Exhibit D Attachments
27. Attachment 2 - Certifications Regarding Lobbying and Debarment, Suspension, and
Other Responsibility Matters
28. Attachment 3 -Standard Form LLL, Disclosure of Lobbying Activities
29. Attachment 4 -National Policy Assurances (Applicable provisions)
30. Attachment 5 -Federal Intellectual Property Provisions
31. Attachment 7 -Davis-Bacon Act and Contract Work Hours and Safety Standards Act
ECAA ARRA T&Cs Page 2 of 2 5/11/10
Ez. D Att. 8
6-136
~vli
.-.~.~
~~
CHUlA V1SfA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
DESIGN BUILD SERVICES FOR
THE DESIGN AND CONSTRUCTION OF
THE MUNICIPAL STREET LIGHTING RETROFIT PROJECT
IN THE CITY OF CHULA VISTA, CA
RFP ISSUED:
December 16th, 2009
SUBMITTALS ARE DUE BY:
January 19th, 2010
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
THIS IS A PREVAILING WAGE PROJECT
6-137
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................................1
II SCOPE OF SERVICES ......................................................................................................2
A. Project Control (All Phases) ..........................................................................................2
B. Design Phase Services ...................................................................................................2
C. Construction Phase Services ....................................................................4
D. Operations and Startup Phase Services ........................................................5
III DESIGN BUILDER SELECTION PROCESS ....................................................6
N REQUEST FOR PROPOSALS SCHEDULE .....................................................7
V PUBLIC DISCLOSURE ..............................................................................7
VI SUBMITTAL REQUIREMENTS ...................................................................7
VII CONTRACT TERMS AND CONDITIONS ......................................................9
ATTACHMENT A -SPECIFICATIONS ................................................................12
ATTACHMENT B -SAMPLE DESIGN BUILD AGREEMENT ...................................13
ATTACHMENT C -ENERGY EFFICIENCY & CONSERVATION BLOCK
GRANT (EECBG) SPECIAL TERMS AND CONDITIONS ...........:...14
6-138
I. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide design build
services to the City with: community out-reach if required, value engineering, conceptual
design, design /load calculation services, construction installation and construction
management for the design and installation of induction powered street light fixtures in the
City of Chula Vista.
All DBT members shall be licensed and registered with the State of California as a C-10
contractor, or as General Contractor (B) with a listed C-10 subcontractor. This RFP
document describes the typical elements of a project, the required scope of services, the
selection process, and the minimum information that must be included in the proposal
submittal.
This RFP is intended to allow for the following scenarios:
• DBT will combine work efforts with the City's current management team that has
previously prepared the planning and/or conceptual documents. See Schedule A
• DBT, created by the DB, uses previously prepazed planning and/or conceptual
documents.
All scenarios will result in continuing with design development, community out-reaches,
construction document prepazation and construction of the project.
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation
of submittals to this request, or to procure or contract for services or supplies. The City reserves the
right to accept or reject any or all submittals received as a result of this request, to negotiate with any
qualified source, or to cancel in part or entirely the 1ZFP. The City reserves the right to reject any or
all proposals in the City's sole discretion at any time prior to an awazd.
II SCOPE OF WORK
The City of Chula Vista (City), the 2"d lazgest municipality in San Diego County, has been a regional
and national leader in climate protection policies and programs focused on reducing greenhouse gas
emissions from municipal operations and the broader community. A cornerstone of the City's
climate protection efforts have been energy efficiency retrofit projects at existing municipal facilities
as well as the design and construction of new City buildings which exceed California energy
efficiency standards (Title-24) by at least 20%. To complement these efficiency accomplishments,
the City proposes to install induction street lighting throughout the City on residential side streets.
This Request for Proposal (RFP) is specific to the turnkey design, engineering, purchase, delivery
of materials, installation and commissioning of induction powered street lighting in the City of
Chula Vista.
All DBT members shall be licensed/registered with the State of California and shall demonstrate 5
years experience with induction lighting retrofits. All RFP responses should include DBT resumes,
references and examples ofprevious installations. This RFP describes all the elements of the project,
the required scope of services, the design build consultant selection process and the minimum
information that must be included in the proposal. Failure to submit information in accordance with
the RFP's requirements and procedures may be a cause for disqualification. Companies submitting
proposals utilizing local suppliers and businesses may receive additional consideration during the
review process.
Proposal Selection
Awazd will be based on the best-qualified proposal for the proposed design fees, general conditions,
installation fees, warranty length and, direct savings and length of payback period. The length of
payback period will be primary factors, but not the sole considerations for award. A contract(s) will
be awarded in accordance with the Chula Vista Municipal Code and the Design/Build Ordinance as
outlined in Section 2.57 of the Chula Vista Municipal Code.
Proposal Guidelines
The DBT should include and state in their proposed scope all; permits
and approvals from governing agencies, all labor, taxes, incentives
from local utilities and programs, services and equipment to produce
fully functional and operational solaz induction lighting systems.
System Commissioning
The DBT shall be responsible for commissioning the systems once installed to ensure
maximum performance. Commissioning will include, testing each light for proper function,
the passing of final inspections to comply with permit and/or code requirements, meet
applicable incentive program performance requirements and to create a GIS layer for
induction streetlight luminaries using current technology and assistance from City staff.
The DBT shall guarantee the performance of the installed lighting system package for at least
ten (10) years.
A. Project Control (All Phases)
The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates).
2. Coordination interface with the City and its other consultants/contractors
6 X140
concerning right of way issues.
3. Progress meetings.
4. Interface and communicate with other agencies, as directed by the City.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and quality control
B. Design Phase Services
Utilizing the City's required standazd 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 DesignBuild contract, for a typical
project, if required the DBT will:
Prepaze, submit and receive City approval for any site-specific
planning/environmental documents.
2. Prepaze design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the design for all elements of the projects, including but not limited
to: structural engineering, electrical design and any specialty consulting azea.
4. Incorporate the requirements of permitting agencies as may become appazent
in the course of design. The DBT shall apply for and secure all permits and
provide all necessary reports, studies and support required to obtain all
required permits. In addition, the DBT shall reseazch Air Pollution Control
District and noise abatement requirements, along with any hazazdous
materials management requirements of NFPA, Cal-OSHA and the City Fire
Deparhnent. The DBT shall submit and obtain approval of Traffic Control
plan to the City of Chula Vista Engineering Department before work
commences. If required, the DBT shall incorporate appropriate lighting
facilities in the design.
5. Conduct site surveys investigations to the extent necessary for fmal design
6. Prepaze cost estimates throughout all phase of project development.
Perform value-engineering reviews to reduce cost/and or add value, utilizing
all team members and City resources. Include recommendations tomaximize
energy efficient and build a "green" orlow-pollution project. Prepare a Value
Engineering Report of all considerations, recommendations and decisions.
The goal is to maximize the quality of construction at a cost equal to or below
the Project Budget.
6 3141
8. Perform Quality Control (QC) Review of the Drawings and Specifications
throughout all phases in order to correct errors and omissions and reduce the
quantity of Change Orders during the course of construction. Include a
detailed review of drawings and designs relative to Code Compliance Laws.
Organize and publish detailed QC Reports based on all findings.
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 eazly 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 aze not a part of
the cost of construction of the project.
13. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed Maximum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
14. During the bidding of the Project, the DBT shall perform if appronriate:
a. Create appropriate subdivisions ofwork into Bid Packages that reflect
the major items ofwork. A detailed scope ofwork will be included
with all bid packages.
b. Secure a minimum of three complete and competitive bids for each
package.
c. Receive and resolve all RFI's and bid questions.
d. Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of Work,
exclusions, etc. Ensure bids match DBT Scope of Work.
e. Provide cost spreadsheets which compaze actual bids to cost
estimates.
15. Prepaze 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:
6 414 2
Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status ofthe project.
Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standazds for this type of work.
Provide list of required shop drawing submittals. Review shop-drawing
submittals for technical and code compliance. Provide copy to the City for
review and comment.
Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project, starting with the issuance of a Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
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.
Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the project Contract
Documents.
7. Submit the proposed QA/QC Plan to the City for review. The Plan shall not
be implemented without written approval of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
9. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QA/QC). The Plan shall include but not be
limited to; 1) a statement and definition of QA/QC goals; 2) an identification
of QA/QC criteria and elements; 3) development of the project QA/QC
implementation plan; 4) development of the QA/QC materials, components,
equipment and system testing plans; and, 5) enforcement of the plans and
specifications.
10. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. Use Microsoft
Project scheduling software consistent with the City reporting system.
11. Develop aproject-specific Plan for defming, tracking and reporting cash flow
activity requirements and submit such plan to the City for review and
approval prior to implementation.
6 514 3
12. Develop aproject-specific Change Order Administration Plan for review
and approval by the City. Upon written approval of the Plan, the DBT shall
initiate implementation. The Plan shall define the required Change Order
procedures, including requirements for requesting, developing, approving,
and filing.
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 duect
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
15. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting. systems.
D. Operations and Startup Phase Services
The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. The DBT shall conduct Operator Training Sessions for personnel.
3. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
4. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
5. The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The DBT shall coordinate and expedite record drawings and specifications.
7. The DBT shall prepaze final accounting and close out reports.
8. The DBT shall prepaee GIS/plan/ location of installed fixtures.
9. Post Construction: DBT shall coordinate an 11-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
6
6-144
resolve such disputes after having submitted to the City for review and
approval the DBTs approach for obtaining resolution of the dispute.
III
IV
V
DESIGN BUILDER SELECTION PROCESS
Candidates will compete fast on the basis of experience, design talent, past performance,
resources, construction and management skills. Contracts will be awazded in accordance with
the Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257
of the Chula Vista Municipal Code.
REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the Proposals,
Statement of Qualifications (SOQ) and the selection ofthe DB. This RFP schedule is subject
to modification in the City's sole discretion:
Advertise and Issue RFP December 16, 2009
Proposals & SOQ Due January 19, 2010
City conducts Interviews with Qualified Candidates January 25`h-28~', 2010
City Council Certifies DB February 2010
PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a pazagraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regazdless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
6 X145
VI SUBMITTAL REQUIREMENTS
The submittal deadline is December 10th 2009, no later than 4:00 P.M. (PST)
at the City of Chula Vista, Public Services Building -Engineering
Department, 276 Fourth Avenue Bldg. 200 Chula Vista, CA 91910.
2. Five (5) single-spaced copies, no more than 30 pages in length excluding
exhibits and appendices, aze required for submittal. Submittals should be as
brief as possible, while adequately describing how the DBT will approach the
design build work program. Statement of Qualifications (SOQ) shall include:
A letter of interest
Understanding the project development process
Summary of Qualifications
Organizational Chart for project Team
Design Build fee structure
Resume (of key DB members)
Design Build experience
Client References
Schedule of Rates
Insurance Certification
The submittal should focus on previous experience developing public
projects as well as knowledge of issues germane to lazge scale lighting
projects, a demonstrated ability to implement creative solutions to complex
planning issues and a demonstrated ability to complete complex tasks within
the pazameters of afast-paced performance schedule and within the terms of
the contract.
4. The submittal shall also provide the name, title, address, and telephone
number of individual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
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
6-146
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-
venturepartner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following information:
1) Tax documents submitted to the IRS for the last three yeazs
(information to be kept confidential)
2) List of prof ects completed in the last 5 yeazs
3) List of prof ects currently under development, or construction
with status, development schedule and financial commitment
4) List of prof ects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
VII CONTRACT TERMS AND CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to propose a variety of
compensation structures, including: 1) time and materials not to exceed, 2) guaranteed lump
sum, and 3) percentage of project costs.
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carvers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&0 /Professional Liability Extended
Reporting Period excess of 2 yeazs, Completed Operations Coverage of up to ten yeazs,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
6 9147
1. Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with limits of not less than $2,000,000 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 $2,000,000,_covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insureds.
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 $2,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said fum for professional
liability or en•ors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design contractors and any
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 yeazs. As required.
5. Builder's Risk Property Insurance will be provided by the City. The limit is
to reflect full replacement cost of hazd cost construction values. Perils aze to
be all risk excluding Earthquake and Flood. Perils aze to include any
transportation risk but is to exclude any equipment, machinery, tools, or
property of similaz nature, owned, rented or used by DB or contractors.
6. Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
10
6-148
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.
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 Califomia, 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
6-~49
ATTACHMENT A
SPECIFICATIONS
STREETLIGHT RETROFIT PROJECT:
The city will convert approximately 4,600 street light luminaires from high-pressure sodium (HPS)
to induction. This change will save the city more than $200,000 annually, with a simple payback of
10.3 years based on a loan amount of $2,051,600.
SCOPE:
• Select luminaires to be retrofit.
• Develop purchase specification for induction luminaire.
• Procure induction luminaires.
• Remove and replace 100-watt HPS luminaires with new induction luminaires.
• Create GIS layer for induction streetlight luminaires.
SPECIFICATION:
General Description: Luminaire shall be a GE M-250 roadway luminaire or City Staff-
approved equal. The luminaire shall contain a completely pre-wired integral induction
system and an optical assembly that shall provide full cut-off optics and an IES distribution
of type 2. The City reserves the right to disqualify any fixture submitted after the review
process is complete and justification for disqualification may or may not be provided.
Mechanical: The luminaire shall include die-cast aluminum upper and lower housing with
gray powder coat paint. Lower housing shall be hinged and removable and shall hold the flat
glass lens in place. The intemal slip fitter shall contain two-bolts that do not pass through the
housing but tighten from below with the lower housing in dropped position. Internal casting
shall provide leveling step adjustments for fixture leveling. A one-piece pipe clamp shall be
capable of adapting to 1-1/4" to 2" pipe without rearrangement of clamp or bolts. There shall
be a prewired no-tool adjustable photoelectric control (PEC) receptacle. There shall be a
polymer bird guard installed. The hinged door assembly shall feature tool-less entry by
quick-release stainless steel bail latch or lever and shall provide audible and visual locking
confirmation. The removable doorframe shall provide easy access to all serviceable parts.
Induction System: Shall be the Philips QL induction system or city-approved equal.
Operating voltages shall be 120-volt or 240-volt, correlated color temperature (CCT) _
4000K, CRI = 80, providing either 50 or 55-watts.
Warranty: 10 yeaz full system warranty.
Recommended Consultants:
Nate Mullen Visual Concepts, Kenny Perez/Principal
7343 Ronson Road,Ste.I
San Diego, CA 92111
Business: (858) 278-4503
Fax: (858) 278-4573
12
6-150
ATTACHMENT B
SAMPLE DESIGN BUILD AGREEMENT
13
6-151
DESIGN BUILD AGREEMENT FOR
[INSERT PROJECT NAME] PROJECT
This Agreement shall be for the design and construction of [INSERT NAME Of PROJEC°C] and the payment
of permitted costs therefore ("Agreement"). This Agreement is made and entered into this , by and
between THE CITY OF CHIJLA VISTA, a municipal corporation ("City"), and [INSERT N.4NIE OF D,~B], a
[ENTER TYPL- OF CORPORATE ENTITY AAA PLACE OF 1NCORPOR,4TTON] ("Design Builder or DB").
City and DB, when referenced herein, may be referred to individually as "Party" and collectively as "Parties." This
Agreement is entered into with reference to the following facts:
RECITALS
1. (fNSF.RT].
2. (INSERT].
3. [INSERT].
4. [INSERT].
5. [INSERT].As part of that effort, on [INSERT DATE], the Department of Public Works, Engineering Division,
issued a Request for Proposal (RFP), pursuant to § 2.57 of the City's Municipal Code, to design and construct
replacement structures ("Project") to qualified Design-Build firms off the Priority List.
6. [INSERT].
7. Following interviews of all [1NSEKTm] respondents, DB 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 of DB's proposal, DB submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of [lNSER`C WRITTL-N DOL1..4R AMOUNT] ($[INSERT NUNfER1C AMOUNT]) ("Estimated
Cost"/"EC").
9. Following City's approval of 90% Construction Documents ("CD"), DB shall submit a guaranteed maximum
price ("GMP"), not to exceed the Gross Maximum Price, for which the Project shall be designed and
constructed.
10. DB shall complete the Project, as a public improvement, according to plans and specifications approved by
CiTy, for an amount not to exceed the GMP.
NOW, THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and
conditions herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties
agree as follows:
6-152
ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been fmished.
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the design
to reflect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City 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 Chula Vista.
City's Project Administration Costs: Chazges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Awazd), the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans,
Standard Plans, Standazd Specifications, Reference Specifications, and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendaz Days permitted under this Agreement for DB to achieve Substantial
Completion.
Defective Work: All work, material, or equipment that is unsatisfactory, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (DBT): Those individuals designated as being a part of the Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit
(INSERT].
Extra Work: Any City additions, modifications, or deletions to work or DB obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by DB to City under this Agreement, including but not limited to As-Built Drawings, warranties, and
operating manuals; and (4) and delivery to City of a Certificate of Completion duly verified by DB.
Greenbook: The most recent edition of the Standazd Specifications for Public Works Construction (including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price ("GMP"): The maximum compensation to which DB may be entitled for the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor, equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, regulations, and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and
installation. Hard Construction costs shall not include DB mazkup, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
6-153
Hazardous Materials: Hazardous waste or hazazdous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Envsonmental 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 Hazadous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazazdous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defined as hazazdous waste or hazazdous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which DB shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DB to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DB terminating the Agreement in accordance with Article
XXVII.
Project Site: The property located at [INSERT] and further described in Exhibit "[INSERT]", attached.
Reimbursable Costs: [PLEASE INSERT]
Services: Professional services, including design and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents aze in place, have been initially tested, and aze operationally functional, subject only to
final testing, balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Working Day(s): Monday through Friday, excluding City holidays
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, approved Plans and Specifications, and the
timeframes established by the Project Schedule, attached as Exhibit "[1NSER'f]", delivering a complete and
functional Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE III. TERM
3.1 Term of Agreement. This Ageement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
6-154
ARTICLE 1v. GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, DB agrees
that all Services and Work provided as part of this A~eement shall be performed in accordance with the
standazds customarily adhered to by experienced and competent professional azchitectural, engineering,
landscape architecture, and construction funs using the degree of caze and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4.2 Comnliance with all Laws. In the performance of this Agreement, DB shall comply with all laws, including
but not limited to:
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the following:
4.2.1.1 Environmental Regulations (i. e. CEQA/ NEPA).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility of D/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The Califomia Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to, those prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.2.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order 11738, and
the Stormwater Management and Dischazge Control-Ordinance No. 0-17988.
4.2.1.5 DB shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.2.1.6 DB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.2.1.7 DB shall obtain and comply with all permits necessary top complete the Project, including,
but not limited to Development Services Departrnent permits and hazardous material permits.
4.2.1.8 Zoning environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 Implied Knowledge of Laws. DB shall be responsible for all amendments or updates to standazds and
of all amendments or updates to standazds, whether local, state, or federal, and such knowledge will be
imputed to DB to the extent allowed by law.
4.3 Design and Construction Standards. Inthe performance of the Services and Work covered by this
Agreement, DB shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2000 Edition of the Standazd Specifications for Public Works Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specifications.
4.3.2.1 The 2000 Edition of the Chula Vista Standazd Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standazds.
4.3.2.3 The 2002 Edition of the Chula Vista Construction Standazds.
43.2.4 The City's facility program, performance and design criteria, concept drawings, and reports.
4.3.3 Energy Conservation Standards.
4
6-155
4.3.4 Materials Standards. DB shall use industrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain Citv Aovroval. For any and all actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, DB shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. DB acknowledges that approval from
any individual other than the designated City Representative or City Council, where required, shall not be
valid.
4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by DB and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DB shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DB, its employees, agents, or subcontractors, D/B maybe entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shall be a general approval only, and such approval shall
in no way release or relieve DB of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision Makine. DB shall make decisions with reasonable promptness to avoid delay in the orderly
progress of DB's obligations under this Agreement and pursuant to the Project Schedule, attached as Exhibit
"[INSERT]".
4.6 Perform Services and Work 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 Design Team. City has awarded this Ageement based on the specific qualifications of DB to perform the
design services required under this Agreement. All such services shall be provided by D/B unless the City has
approved of the use of Subconsultants in the manner identified in Article VIII.
5.2 Services. In Phase I, DB shall perform Services including, but not limited to, the following:
5.2.1 Project Development. Develop and refine Project requirements.
5.2.2 DDD. Prepare complete DDDs, such that the DDDs include, without limitation, the following:
5.2.2.1 Site Plans. Site plan with pertinent notes and dimensions indicating property line; existing
public streets, sidewalks, curb cuts, other public improvements; required setbacks; service,
trash, Fse lane and truck access, adjacent buildings, building outline; basketball courts, multi-
use sports Field, softball field, informal skate area, play azeas, shelters, landscape and site
elements.
5.2.2.2 Floor Plans. Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and gridlines; room names, stmctural bay spacing with
grids, critical dimensions and azea calculations.
5.2.2.3 Roof Plans. Roof plans including detailed notes, dimensions, mechanical equipment locations,
define material for mechanical screens, skylights and roof access, roof materials, roof drainage
and establish window-washing concept.
5.2.2.4 Building Sections. Building sections, which shall include vertical dimensions, floor assembly
thickness showing known structural elements, notes and dimensions.
6-156
5.2.2.5 Elevations. Exterior elevations, including material references and extent; visible roof top
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.2.2.6 Wall Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall
finishes; and wall and roof assembly;
5.2.2.7 Outline specifications, written description of [INSERT] and components including site work.
5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable.
5.2.3 Code Compliance. Verify all code compliance, including building construction type, occupancy
sprinkler requirements, existing, zoning and other agency conformance and ADA.
5.2.4 Submittals. Prior to proceeding with Phase R, D/B shall prepaze and submit the following to the City
for review and written approval.
5.2.4.1 DDDs. Completed DDD.
5.2.4.1.1 Conditional Approval. Tn the event that City grants conditional approval, DB shall
address al] City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-submittal shall be
borne exclusively by DB and not be grounds for an increase in the GMP or Contract
Time.
5.2.4.2 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase II of the Project, DB's shall perform Services including, but aze not limited to,
the following:
6.1.1 Project Development. DB shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. D/B shall prepaze CD's which shall include, without limitation, the following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of
installed or fixed and movable equipment that affects the design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design elements and features, including
fenestration arrangements, materials, mechanical and electrical features appearing on
the walls, roofs, and adjacent azeas.
6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features.
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the
extent and type of structural system and dimensions, final structural design criteria, foundation
6-157
design criteria, preliminary sizing of major structural components, critical coordination
cleazances and applicable material lists.
6.1.2.3 Mechanical plans and details.
6.1.2.4 Landscape and Irrigation plan and detaIls.
6.1.2.5 Electrical plans and details.
6.1.2.6 Plumbing plans and details.
6.1.2.7 Plans showing installation of major systems, equipment, fixed furnishings and graphics.
6.12.8 Technical specifications
6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the
requirements for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2.9.3 Color board and azchitectural rendering for required presentations.
6.1.2.10 Mechanical desi~ documentation consisting of continued development and
expansion of schematic mechanical design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 Required space requirements For the equipment, required chases and cleazances,
acoustical and vibrations control, visual impacts and energy conservation
measures.
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic
electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems typical to civic facilities, the
approximate sizes and capacities of major components transformers-panels-switch
geazs;
6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and
cleazances.
6.1.2.12 Sections through critical azeas showing coordination of azchitectural, structural, mechanical
and electrical elements.
6.1.2.13 Final specifications, including but not limited to, the following:
6.1.2.13.1 Architectural. General description of the construction, including interior fmishes,
types and locations of acoustical treatment, typical and special floor coverings and
final exterior and interior material selection.
6.1.2.13.2 Mechanical. Description of air conditioning, heating and ventilation systems and
controls, ducts, and piping system.
6.1.2.13.3 Electrical. Description of electrical services, including voltage; type and number
of feeders; lighting systems, including lighting levels and audiovisual; security-fire
alarms; and cable antenna television systems.
6.1.2.13.4 Landscape. General description of the construction, including plan materials, plant
locations, maintenance period, and irrigation systems.
6.1.2.13.5 Play Areas. Description of play equipment, including installation procedures,
type, color, fmishes, and locations.
6-158
6.1.2.13.6 Site Work. General description of the construction, including finishes, types of
materials and locations.
6.1.2.13.7 Other. Such other documents to fix and describe the size, quality and chazacter of
the entire Project, its materials, and such other elements as shall be appropriate.
6.1.2.14 Plumbing drawings, including location and quantity of fixtures, equipment sizes, room sizes
for plumbing equipment, and fmal specifications as appropriate.
6.1.3 Project Sequencing. DB shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. DB shall prepaze a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project softwaze,
showing all major milestones, bid dates for the major bid packages, commencement of construction,
sequence of construction, completion of structural elements, and completion of the Rohr Pazk Shade
Structures, all of which shall conform with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Governmental Review. DB shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting System. DB shall provide a master accounting system and matrix on MicrosoR Excel that
will be updated, expanded, and provided to the City monthly as the Project develops.
6.1.7 Project Management Plan. DB shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6.1.7.2 Coordination/interface with the City and its other consultants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Constuction meetings
6.1.7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. DB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and Spec fcations. DB shall prepare construction drawings and specifications
suitable for obtaining City-approved permits and to allow construction.
6.1.9 City Approval. DB 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 DB in writing within the timeframes established in the Project Schedule following
receipt of Construction Drawings of City approval, or of request for modifications. If
6-159
modifications are requested, DB shall modify and resubmit Construction Drawings for City
approval.
6.1.9.3 DB Support. DB shall provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 Materials and Equipment Specifications. DB shall prepare technical materials and equipment
specifications for pre-purchase.
6.1.11 Surveying and Testing. DB shall coordinate, perform, and complete all surveying, materials testing
and special testing for the Project at the Project site as required by this Agreement, the State Building
Code, or any other law or regulation, in accordance with and considering the following:
6.1.11.1 Greenbook 2003 Section 2-9 titled "Surveying" and City of Chula Vista's Horizontal and
Vertical Control found on the Survey Control Network Map located on the City's Internet via
the following link:
http //www.chulavistaca. ov/City Services/Development Services/Eneineerina index.asp
6.1.11.2 Existing Conditions. DB shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The SoIls Consultant shall prepaze a
statement that will be included in the Bidding Documents as to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site.
6.1.11.3 Utilities. DB shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. DB shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project.
6.1.11.4 Geotechnical Information. DB 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 prepaze a statement that will be
included in the Bidding Documents, to address existing geotechnical conditions of the site
that might affect construction.
6.1.11.5 Additional Surveys. DB shall provide additional site surveys and geotechnical investigations
to the extent that D/B determines they are necessary for final design.
6.1.11.6 No Reliance. D/B shall not rely on City survey information as it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12 SWPPP. DB shall prepaze and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan ("SWPPP") to be implemented by the DB during Project construction. Where
applicable, the S WPPP shall comply with both the California Regional Water Quality Control Boazd
Statewide General Construction Storm Water permit and National Pollution Dischazge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits.
6.1.13 Alternatives. DB shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructability, yet meet all codes, azchitectural concepts,
schematic designs, and standazd specifications of the Project.
6.1.14 Permits. DB shall obtain general building permit and all ancillary permits and licenses, including but
not limited to, demolition permits, improvement permits and grading permits [WHEN???].
6.1.15 Updated Costs. DB shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering ("VE") and consttuctability reviews.
6.1.16 Final Review and Approval of Plans and Specifications. DB 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 DB within [INSERT TIMEFRAME] Business Days of the date such
Construction Documents aze delivered to City in accordance with the notice provisions in Article
9
6-160
XXIX. Approval shall not be unreasonably withheld. If requested by City, DB shall make changes to
the Construction Documents.
ARTICLE VIL PHASE III. -CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. Work and Services. The DB shall construct the Project in accordance with City-approved plans
and specifications prepazed by the DB to meet or exceed all requirements of the City provided progam,
schematic design and the performance criteria. The DB shall:
7.1.1 Bidding. DB shall prepaze and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that DB determines is appropriate ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. DB shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. DB shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide clazification 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. DB shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DB shall submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DB shall heaz and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. DB 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. DB shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
DB understands and agees that violation of this Subsection shall be considered a material
breach of this Ageement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between DB and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. DB shall be responsible for entering into subcontracts, in DB's own
name, with the bidder who in DB's discretion and professional opinion best meets the
monetary, time, and performance requirement of the Project. DB shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which aze listed below.
7.1.1.8 Additive Alternatives. DB shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.2 Meetings. DB shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DB shall conduct a preconstrnction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. DB shall ensure that the preconstrnction meeting is attended by DB's
construction contractor, project manager, all DB's major subcontractors, the City's
[INSERT], and all other persons necessary as determined by DB or City.
7.1.2.2 Progress Meetings. DB shall conduct weekly progress meetings with the City and appropriate
design and construction members.
10
6-161
7.1.2.3 Contractor Meetings. DB shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3.1 DB shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times aze
convenient for all necessary parties, and DB has given no less than five (5) Calendaz Days
prior written notice of the rescheduled meeting.
7.1.25 Minutes. DB shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. DB shall monitor and report to the City on actual performance compazed to the
Project Schedule, provide updated As-Builts, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Construction Management. During construction of the Project, DB shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project
7.1.3.1 Resident Management. DB shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will. perform inspections to verify compliance with the plans,
specifications and contract documents. The DB resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. DB shall implement and maintain an internal records management and
document control system as required to support project operations. The DB shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.133 Cash Flow. DB shall develop aproject-specific Plan for defining, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3.4 Reporting. DB shall keep City informed of the progress and quality of the design and
construction of the Project.
7.1.3.5 Documents On-Site. DB shall maintain a complete and up-to-date set of Construction
Documents in the Projects field office at all times during construction that reflect all changes
and modifications.
7.1.4 Site Safety, Securtry, and Compliance. DB shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.4.1 Persons. DB 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 DB to
access the Project site.
7.1.4.2 Environmental. DB shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, DB shall report environmental issues to
the City in a manner consistent with the City's reporting system. DB shall be responsible for
the environmental consequences of the Project construction and shall comply with all related
laws and regu]ations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11738, and the Stormwater Management and Dischazge Control Ordinance No.
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
11
6-162
7.1.4.3 Risk of Loss. DB is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall beaz any costs or
expenses associated with the loss thereof or damage thereto, including by thefr, fire, or other
casualties.
7.1.5 Public Right-of--Way. All work, including, materials testing special testing, and surveying to be
conducted in the Public right-of--way shall be coordinated with the City.
7.1.5.1 Materials Testing. DB shall pay for and coordinate with City to have all material tests within
the Public right-of--way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.5.2 Surveying. DB shall pay for and coordinate with City's [INSER`f DFf?aR`IMEN"I'] all
surveying required within the Public right-of--way.
7.1.5.3 Follow all Laws, Rules, and Regulations. DB agrees to follow all City standazds and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.6 Traffic Control. DB shall address all traffic control requirements for the Project including, if
necessary, sepazate traffic control plans and/or notes.
7.1.7 Abatement. DB shall develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access for pazking and services at all times for adjacent business entities and residences.
7.1.8 Inspections. DB shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The DB shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic
building inspections.
7.1.9 Permits. The Parties acknowledge that the construction work to be performed on the Project by DB in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by DB. In the event that City, or any other
governmental agency, umeasonably refuses to issue the permit(s) necessary to authorize the work to be
performed or if the permit(s) are unreasonably canceled or suspended, then DB is relieved from its
obligation to construct those improvements covered by the denial of said permit(s). City shall, under
such circumstances, pay DB 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). Al] plans, specifications
and, improvements completed to the date of the denial, suspension or cancellation of said permit(s)
shall become the property of City upon D/B's receipt of payment in full as described above.
7.1.10 Maintenance. DB shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DB shall be
responsible for on-going site maintenance, including any erosion prevention measures. Prior to Final
Completion, DB shall cause to be removed from and about the Project all tools, construction
equipment, machinery, surplus materials, waste materials and rubbish and deliver the site to the City in
a clean, neat, sanitary and safe condition.
7.1.10.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides
for an exclusive franchise for the removal and conveyance of all solid waste for hire (including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied (formerly Pacific) Waste Services
and may be reached at (619) 421-9400.
7.1.11 Request for Information ("RFI ). Parties acknowledge that the RFI process is solely for
correspondence between DB and its agents; however, DB shall submit copies of each RFI to City at
the within twenty-four (24) hours of receipt. DB shall issue responses to RFIs. Unless DB
specifically requests a City response, City will not respond to RFIs.
12
6-163
7.1. l2 Review and Approval. DB shall provide timely review and approve shop drawings, samples of
constmction materials, product data, schedule submittals, and other submittals for compliance with the
Construction Documents. D/B shall keep the City advised of all such matters being reviewed and
approved by D/B and forwazd copies of such documents to City for review.
7.1.13 Royalties and Other Fees. DB shall pay royalties and license fees, if applicable. DB shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
7.1.14 Provide City with a Detailed Construction Schedule (DCS) on an disc (CD) within fourteen (14)
working days after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a
monthly basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontracting.
8.1.1 Design Services. DB shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit
[INSERT]. DB shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. DB shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE LK. PROJECT SCHEDULE
9.1 Project Schedule. DB shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule, attached hereto as Exhibit "[INSERT]", or a subsequently
revised Project Schedule in such a manner that the GMP or Contract Time of the Project shall not be exceeded
and that is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project Schedule. DB has submitted, as part of its proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 D/B's Obligation. Subsequent to the effective date of this Agreement, DB 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 DB shall submit an updated Project
- Schedule monthly to the City for approval.
9.1.2.2 During Construction, DB shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed (% complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detail and Format The Project Schedule shall be substantially similaz in detail and form to Exhibit
[INSERT], or it shall be in the form subsequently agreed to by the Parties.
9.1.4 Submittal. Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project.
9.2 Project Completion. DB acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, [INSERT].
13
6-164
9.3 Chances in Proiect Schedule. Changes in Project Schedule, whether to logic, definition, or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XIII.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
this Agreement. DB shall perform all Services and Work as expeditiously as is consistent with standard of
caze identified in Section 4.1.
10.2 Notification of Delav. If the DB anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the DB shall immediately notify the City. A written notice of the
delay must be delivered to the City within five (5) Calendaz Days of the initial notification, unless the City
allows an additional period of tune to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and all
supporting data. The DB shall include a written statement that the time adjustment requested is the entire time
adjustment to which DB 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 DB is entitled to an increase in GMP. If in the opinion of
the City, the delay affects a material part of the Project, the City may exercise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity.
103 De1av If delays in the performance of Services or Work required under this Agreement aze caused by
unforeseen events beyond the control of the Parties, such delay may entitle the DB to a reasonable extension
of time or to additional compensaflon. 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; foes, floods, adverse weather or other similaz condition of the elements necessitating
cessation of the DB's work; inability to obtain materials, equipment, or labor; required additional Professional
Services; or other specific reasons agreed to between the City and the DB; provided, however, that: (i) [his
provision shall not apply to, and the DB shall not be entitled to an extension of time, additional costs, or
expenses for, a delay caused by the acts or omissions of the DB, 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 DB to an extension of time unless the DB furnishes the City, in a timely manner, documentary proof
satisfactory to City of the DB's inability to obtain materials, equipment, or labor.
10.3.1 Caused by Ciry. If DB 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, DB will notify City at Project Team meeting and in writing within five (5) calendaz
days of discovering such action, inaction, decision, or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action, inaction, decision or direction. DB
shall provide complete and accurate pricing within ten (10) calendar days of said discovery.
10.4 Costs of Delav/Liuuidated Damages. Ciry and DB recognize that time is of the essence in this Agreement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that DB
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 DB expressly agrees aze "not
unreasonable under the circumstances" as defined in California Civil Code §1671(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 Project, according to the RFP is [INSERT' WRITTEN DOLL,4R.
AMOUNT (INSERT NUbIERIC DOLLAR AMOUNT)]. The City's obligation under this Agreement shall not
14
6-165
exceed the Estimated Cost; 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. -
I L 1.1 Cost Schedule. The EMP has been allocated among each activity or portion of the Project ("itemized
Cost(s)"). The Itemized Costs aze included in Exhibit "[INSERT]", attached. The cost incurred by the
DB for a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90% complete construction documents, DB shall establish a GMP and submit such GMP to the
City far approval.
11.2.1 Not to Exceed Amount. The GMP shall not exceed $[1NSERT NL1MF.,RIC DOLLAR Alv(OUNT].
Any costs incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless a
Change Order is approved by the City pursuant to Article XIII of this Agreement.
11.2.1.1 Included Costs. In calculating theGMP, DB shall include costs of the following:
11.2.1.1.1 All Design Consultants, including but not limited to azchitectural, structural, civil,
mechanical, electrical, communications, graphics and art consultants, landscape
azchitects, and acoustical, audio visual, lighting, and security consultants.
11.2.1.1.2 Estimating, value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DB personnel wherever located.
11.2.1.1.4 All on-site and off-site equipment, supplies and facilities, including but not limited
to, computers, estimating, dictating, communication and accounting equipment,
office space, trailers, field equipment and storage facilities.
11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by the DB
exceed 90% of the fair mazket value of any one piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Construction Costs.
11.2.1.1.6 DB Contingency Fund, which shall not exceed 5% of Hazd Construction Costs.
11.2.1.1.7 Reimbursable Costs. Example: Utility fees.
11.2.1.1.8 DB 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 $[INSERT NUMERIC DOLLAR AMOUNT]. for Design Services
and General Conditions.
11.2.1.1.10 All home-office and field overhead costs of any type including document control
and retention;
11.2.1.1.1 I All business Hcense costs;
11.2.1.1.12 All profit DB intends to eam under this Agreement.
11.2.1.1.13 All direct and incidental costs incurred by DB, except for those specifically
identified under the General Conditions section. [WHERE DO WE DEFINE
DIRECT OR INCIDENTAL COSTS`?].
11.2.1.1.14 [INSERT OTHER'??^].
15
6-166
11.2.1.2 Full Compensation. Unless otherwise expressly provided frt this Agreement, GMP shall be
the maximum amount of compensation to due [o DB for all permitted costs of any type
incurred by D/B in performing all services and obligations under this Agreement.
11.2.2 Itemization. DB shall provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shall include the following:
11.2.1.1 DB Fixed Fees. The fees chazged by the contractor for staff, equipment, office space and
overhead during the term of the project.
11.2.1.2 Hard Construction Costs. Hazd Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable DB Contingency Fund.
11.2.1.3 [What else???].
11.2.3 Alternate Bid Items. DB shall prepare, with the cooperation of the City, alternate bid items [o assure
that the cost of the Project will not exceed the GMP.
11.2.4 Adjustments to GMP Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
11.2.5 Adjustments Based on Other Cost Increases. GMP may be increased due to: (i) acts of God, acts of any
governmental authority, the elements, waz, litigation, shortages of material, labor strikes, inflation,
later commonly accepted or adopted higher standazds and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond DB's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by DB. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council.
11.3 Duty to Advance Costs. DB shall advance all costs for Project subject to Reimbursement in the manner
described in Article XVI.
11.4 Use of Proiect Contingencv. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to DB's, its officers', agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses resulting from the negligence of DB, its officers, agents, or employees.
11.5 Notification of Increased Costs. If, at any time, the DB anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP, when established, the DB shall immediately, not more than ten
(10) Working Days from becoming aware of the potential increase, notify the City in writing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the DB believes
` will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, DB
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of which will not exceed the Estimated Cost or GMP, once establish.
11.5.1 City Action. Following consultation with the DB, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which maybe constructed for the budget
amount; (iii) any combination of (i) and (ii); or terminate the Project subject to the termination
provisions in Article XXVII.
ARTICLE XII. PRODUCTS
12. 1 Submittals. Prior to the bidding process, DB shall submit for City approval a list of products intended for use
in the Project. Upon DB's completion of plans and specifications, City will review and approve products
specified therein. D/B shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty (20) Calendaz Days of DB's receipt of submittal. Approval is general approval only
and in no way relieves DB of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
16
6-167
12. 2 Substitutions. DB shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days after the date of awazd of the construction contract. After expiration of the thirty (30) Calendar
Days, City will allow substitution only when a product becomes unavailable due to no fault of DB's
contractor. City shall review substimtion requests within thirty (30) Calendaz Days of submission of such
requests. DB ae ees that City requires Consultant's input and as such D/B shall coordinate a five (5) Working
Day review by its Consultant.
12.2.1 Substantiate Request. DB shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
12.2.2 D/B Representations. By submitting a substitution request, DB is representing to City all of the
following: (i) DB has investigated proposed product and determined that in atl respect the proposed
product meets or exceeds the specified product; (ii) DB is providing the same warranty for the
proposed product as was available for the specified product; (iii) DB shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) DB shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate Written Request. City will not consider either substitutions that aze implied in the product
data submittal without a separate written request or substimtions that will require substantial revision
of construction contract documents.
12.3 Samples.
123.1 Postage. Samples shall be sent to DB's office, carnage prepaid.
12.3.2 Review. DB shall furnish to City for review, prior to purchasing, fabricating, applying or installing,
(2) two samples (other than field samples) of each required material with the required finish.
12.3.2.1 Where applicable, all samples shall be 8" x 10" in size and shall be limited in thickness to a
minimum consistent with sample analysis. In lieu thereof, the actual full-size item shall be
submitted.
12.3.2.2 DB shall assign a submittal number. DB shall include with each submission a list of all
samples sent, a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information.
12.3.23 All materials, fmishes, and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
12.3.2.4 City will return one submitted sample upon completion of City review.
12.3.2.5 D/B's, or DB's agent's, field samples shall be prepazed at the site. Affected finish work shall
not commence until DB or its agents have been given a written review of the field samples.
12.3.3 Not a Release of Liability. City's review of samples in no way relieves DB of DB's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testing. When appropriate, DB shall witness testing and review materials and equipment testing
results and provide comments regazding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Required. Change Orders shall be required in the following instances:
13.1.1 GMP. Any adjustment in GMP.
13.12 Contract Time. Any adjushnent in Contract Time of Completion Date.
13.13 Use ojContingency Fund. At any time DB seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13.1.4 City Requests. The City directs DB to perform Additional Services.
1~
s-isa
13.1.5 Other Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Approval of Chance Orders. Within five (5) Calendaz Days of any event that gives rise to the
need for a Change Order, the DB 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
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized into DB Fixed Fee, Reimbursable Costs or Hazd Construction Costs. DB 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 Approval. If the Change Order request does not result in an increase in the Estimated
Cost, the [INSERT WHO] shall either approve or reject the Change Order in writing within ten (10)
Working Days of receiving DB's written notice, provided DB has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to DB's written notice within
the ten (10) Working Days, the Change Order request shall be deemed denied.
li.2. 2 City Council Approval. For Change Orders not subject to section 13.2.1, 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 li9.1.
13.3 Written Approval of Chance Orders. DB shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by DB prior to approval shall not be reimbursed.
13.4 Failure to Agree on Cost of Chance Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the DB 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 determinafion of the Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 30.17. DB shall not have the right to stop or delay in the
prosecution of any services or work, including services or work that is the subject of the Change Order (if
directed by the City), pending the determination of the Director of Public Services or, if applicable, fmal
resolution. Instead, DB shall continue diligently prosecuting all such services and work.
13.4 Full Compensation. Payment to DB 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 DB or DB's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.5 Errors and Omissions. DB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, DB's negligence, or the negligence of any of DB's agents or subagents. DB
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the drect 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, DB's negligence, or
the negligence of any of DB's agents, or subcontractors.
13.6 City Refusal to Approve Chance Order. DB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections li.2.lor and 13.2.3 .
ARTICLE XIV. EXTRA WORK
14.1 City Authority to Order Extra Work. City may at any time prior to Project Completion order Exfra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Awazd, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in GVriting. All requests for Extra Work shall be in writing, shall be treated as, and aze
subject to the same requirements as Change Orders. DB shall not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
18
6-169
142 Bonds Repaired for Extra Work. DB's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DB as Extra Work is reimbursable in the same
manner described in Article XVI. The Project contingency as described in Article Xl, will be used fast to
cover the costs of Extra Work.
14.4 Markup. DB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent (5%) of the approved costs for the Extra Work.
ARTICLE XV. CHANGED CONDITIONS
15. 1 Chaneed Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Pavment
16.1.1 Funds for Payment. DB shall only be entitled to payment for Services and Work performed under this
Agreement from the funds appropriated for the Project.
16.1.2 Maximum Payment. DB shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DB is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by DB negligence, omissions, or failure to
seek approval for additional or increased costs.
16.1.3 Application for Payment . DB shall submit to City a certificate and application for payment on or
before the 5`" day of each calendaz month ("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs, less
any payments previously made by the City, incurred or advanced for the Project for which DB was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15.1.6. If the City determines that all relevant documents have not been
submitted, City shall request that DB provide additional documentation. DB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Payment Application, City
shall make payment to DB of all uncontested chazges 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 will be paid in accordance with the terms and conditions of this
Agreement. No payment made to DB or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election of DB, City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.3.2Payment of Withholding. The City will pay the DB for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City.
19
6-170
16.1.3. 3 Contested Chazges. In the event City contests any chazges contained in the Payment
Application, the dispute shall be resolved in the manner identified in Section 21.6. DB shall
not have the right to stop or decay in the prosecution or any Services of Work, pending the
determination of the Director of Public Services or, if applicable, final resolution. Instead
DB shall continue to diligently prosecute all Work and Services. During the time of the
dispute, the City shall withhold the amount of the chazge in question.
16.1.3. 4 Cutoff for Submission of Reimbursement Requests. DB shall submit all Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted afrer the Cutoff Date shall not be
reviewed or included in Reimbursable Cost.
16.1.4 verification of Reimbursement Request. DB shall supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.4. 1 DB shall submit two (2) copies of a Reimbursement Request (cover letter, invoice, and
documentation) to the City.
16.1.4. 2After review and approval, the City shall prepaze a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.4. 3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1.5 Non-reimbursable Costs. Except to the extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DB 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, DB is not entitled to reimbursement for any cost or expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there-under.
ARTICLE XVII. INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.)
representatives of the City, ii.) representative from DB's Design Team, iii.) the Construction Manager, and
iv.Representative, (iii) DB's Consultant(s), and (e) the DB's constmction superintendent [Inspection Team]
17.2 Inspection Sta¢es. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i) when required by code, (iiJ as directed by the "Special Inspections" provision, (iii) bi-weekly.
173 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project manager's approval
for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access
and advise them of DB's safety procedures and programs so that they may comply.
17.4 Additional Inspections. City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. DB shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. DB shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site
inspection.
17.6 Costs of Inspection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by DB.
20
6-171
17.7 Concealing Work. Prior to concealing work, DB shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time and DB will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXlt shall apply.
17.9 Not a Waiver of Oblisations. Neither observations by the City nor inspecfions, tests, or approvals by City or
others shall relieve DB from DB's obligations [o perform the Work in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to City. When DB determines that the Project is complete, DB shall notify the City in writing of the
Projects stains within seven (7) Calendaz Days of the D/B's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents, al] applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
18.2 Walk-Through Inspection. A preliminary Wallc-Through Inspection shall be conducted by City within ten
(10) Working Days following DB's notice to City of completion ("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Teazn identified in Article XVII, Section 17.1.
18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Wallc-Through Inspection.
The Punch List shall be presented to DB by the RE within three (3) Working Days of the Wallc-
Through Inspection. DB shall correct the items listed on the Punch List within thirty (30) Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Ident fy Items. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit DB's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
18.3 Equipment Demonstration. Prior to final inspection, DB shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
18.3.1 Startup. The DB 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 DB shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final Inspection. Provided DB has corrected the Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendaz Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements aze
complete and that work required on the Punch List has been finished, City shall accept the Project
("Acceptance"). Upon Acceptance, DB shall do all of the following:
19.1.1 Notice of Completion. DB shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and Material Releases. DB shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
21
6-172
upon approval of City which shall not be unreasonably withheld, provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
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 conformed copy to City; (ii) submission of all
documents requred to be supplied by DB 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-Builts. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. DB shall meet with City until all issues aze resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 22.6, DB shall submit a mylaz set and three
(3) final blueline sets of As-Builts stamped by the azchitect/engineer of record as required by law.
19.2 No Waiver. DB's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to DB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect Deliverables. Prior to Acceptance, DB shall deliver all of the following to the City in the format
required:
20.1.1 As-Builts. DB shall provide As-Builts in 3 sets of paper and electronic format (pdf) or CAD files on
CD disks.
20. L1.1 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 similaz items as determined by City, both
concealed and visible. DB shall cleazly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DB shall cleazly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. DB shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20. 1.1.2 DB shall include all of the following on the As-Builts:
20.1.1.2.1 Depth of foundation in relation to finished fast floor.
20. 1.1.2.2 Horizontal and vertical locations of underground utilities and appurtenances,
with references to permanent surface improvements.
20. 1.1.2.3 Locations of internal utilities and appurtenances, with references to visible and
accessible features of the structure.
20. 1.1.2.4 Field changes of dimensions and details.
20. 1.1.2.5. Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications, approved plans, equipment or materials.
20. 1.1.2.6 Details not issued with original Construction Drawings, design build plans
deferred approvals, etc.
20. 1.1.2.7 Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20. 1.1.2.8 Show locations of all utilities on-site with size, and type of pipe, if different than
specified, and invert elevations of pipe at major grade and aligntnent changes.
20. 1.1.2.9 The title "PROJECT RECORD" in 3/8" letters.
22
6-173
20. 1.1.3 DB shall maintain a set of As-Builts at the Project site for reference. DB shall ensure that
changes to the As-Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall cleazly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the azea or azeas affected and, in the event of
overlapping changes, use different colors for each change.
20.1.2 Operation and Maintenance Manuals. DB shall submit all Operation and Maintenance manuals
prepared in the following manner:
20.1.2.1 In triplicate, bound in 8% x 11 inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to City's Final Inspection.
20.1.2.2 A sepazate volume for each system, including but not limited to, mechanical, electrical,
plumbing, roofing, irrigation, and any other system as determined by City, with a table of
contents and index tabs in each volume as follows:
20. 1.2. 2.1Part 1: Directory, listing names, addresses, and telephone numbers of DB's
subcontractors, agents, suppliers, manufacturers, and installers.
20. 1.2. 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 DB's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance instructions, fmishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ownership of Project Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. DB and City mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Parry. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
21.1 Warranties Required. DB 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 Materials and Workmanship. DB shall guarantee, and shall requre its agents to guazantee, all work
on the Project against defective workmanship and materials furnished by DB for a period of two (2)
years from the date of Project's Final Completion. DB shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City, and within the time specified in the
notice.
21.1.2 New Materials and Equipment. DB shall warrant and guazantee, and shall require its agents to
warrant and guazantee, to City that all materials and equipment incorporated into the Project aze new
unless otherwise specified.
21.1.3 Design, Construction, and Other Defects. DB shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, construction or otherwise.
21.2 Form and Content. Except manufacturer's standazd printed warranties, all warranties shall be on DB's and
D/B's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
warranties shall be submitted in the format specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
21.2.1 Durable Binder Obtain warranties, executed in triplicate by DB, DB's agents, installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover.
23
6-174
21.2.2 Table of Contents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
21.2.4 Detail. Provide full information, using separate typewritten sheets, as necessary. List DB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
21.2.5 Warranty Start Date. Except for items put into use with DB's permission with date mutually agreed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
21.2.6 Signature and Notarization. Al] warranties shall be signed and notarized. Signatures shall be required
from DB's construction contractor and where appropriate, the responsible subcontractor.
21.3 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a term of
two (2) yeaz(s) from the date of Final Completion.
21.3.1 Plants, Trees, and Shrubs. Not withstanding above, all shrubs and ground cover shall have a ninety
(90) Calendaz Day warranty period and trees shall have a one (1) year warranty period. All plant
warranties shall commence from the date of Final Completion.
21.4 Meetings. During the two (2) yeaz warranty period described in Section_ 1.3, DB shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the two (2) yeaz warranty period.
21.5 Warrantv Inspection. At 180 and 360 days following Final Completion, during the one-yeaz general building
warranty period, DB shall inspect each component of the Project, identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXII. DEFECTIVE WORK
22.1 Correction, Removal, or Replacement. If within the designated warranty period, or such additional period as
maybe required by law or regulation, the Project is discovered to contain Defective Work, the DB shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
22.2 Citv's Right to Correct If circumstances warrant, including but not limited to an emergency or DB's failure
to adhere to section 21.1, City may correct, remove, or replace the Defective Work. In such circumstances,
DB shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indtrect; associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs. Al] costs incurred by DB or DB's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the DB 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 DB's
bond if DB has been paid in full.
22.4 Extension of Warrantv. When Defective Work, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the two (2) yeaz, or relevant warranty period, will be extended for an
additional two (2) yeazs from the date of the satisfactory completion of the correction, removal, or replacement.
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or law.
22.6 Disputes. If DB and City aze unable to reach agreement on disputed work, City may drect DB to proceed
with the work and compensate DB for undisputed amounts. Payment of disputed amounts shall be as later
determined by the Du ector of Public Services. If this decision is contested, the claims procedure in 29.17 shall
be followed. DB shall maintain and keep all records relating to disputed work for a period of three (3) yeazs in
accordance with Article XXVIII.
24
6-175
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23.1 Maintenance Period. If DB is required to install or maintain landscaping and/or irrigation, DB shall provide
a maintenance period which shall begin on the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
and shall continue thereafter for ninety (90) Calendaz Days or until Project Acceptance, whichever is longer.
23.2 Maintenance Area. DB or DB's Contractor shall maintain all involved azeas of the Project.
23.3 Maintenance Required. DAB or DB'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 appeazance by watering, pruning, mowing, rolling, trimming, edging fertilizing restaking pest and
disease controlling, spraying, weeding cleaning up and any other necessary operation of maintenance.
Landscape azeas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and
debris. DB or DB'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 azeas
which may cause standing water; (ii) Adjusting of sprinkler head height and watering pattern; (iii) FIlling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; (vi) Protecting all planting areas against traffic or other potential causes of
damage.
23.4 Landscape and Irrisation Insnection. At the conclusion of the maintenance period, City shall inspect the
landscaping and 'irrigation to determine the acceptability of the work, including maintenance. This inspection
shall be scheduled with two (2) weeks notice, a minimum of ninety (90) Calendaz Days after the plant
maintenance period commencement, or when the DB or DB's contractor notifies the CiTy that they aze ready
for the final inspection, whichever comes last. The City will notify DB of all deficiencies revealed by the
inspection before acceptance.
23.5 Extension of Maintenance Period. DB shall extend completion of the maintenance period when, in City's
opinion, improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. DB shall be responsible for additional maintenance of the
work until al] of the work is completed and acceptable. Additional costs for failure to maintain landscaping
during the Maintenance Period are not Reimbursable Costs.
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 guazantee periods, shall be replaced within fourteen (14) Working
Days of notification by City. DB shall include, at DB's or DB's Contractor's expense, a timely written
diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time Yequired to regain vigor and specified size.
23.6.1 Same Kind and Siae. Plants used for replacement shall be same kind and size as specified and shall be
famished, planted and fertilized as originally specified. Cost of all iepair work to existing
improvements damaged during replacements shall be borne by DB and shall not be Reimbursable
Costs.
ARTICLE XXIV. BONDS
24.1 Payment Bond. DB shall provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) of the Hazd Construction Costs.
24.2 Performance Bond. DB 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 all claims for materials and labor are paid, for a minimum of forty-five (45) Calendaz Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulation. The Performance Bond shall
remain in full force for thirty (30) Calendaz Days following the filing date of the Notice of Completion and
Acceptance, at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
25
6-176
24.4 Certificate of Agencv. All bonds sued by an agent must be accompanied by a certified copy of such agent's
authority to act.
24.5 Licensing and Rating. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations, secured through an authorized agent with an
office in California, and have a minimum AM Best rating of "A--".
24.6 Form. All bonds shall be in the form prescribed by City Attorney.
24.7 Insolvency or Bankruotcv. If the surety on any bond furnished by the Construction Contractor is declazed
bankrupt or becomes insolvent or its right to do business is terminated m any state where any part of the
Project is located, DB shall within seven (7) Calendaz Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25.1 Indemnity Defense and Hold Harmless -General Requirement. Except for liability for Professional
Services covered under Section 25.2, DB shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner azising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of DB, its officials, officers, employees, agents, and contractors, azising out of or in connection with the
performance of the Defined Services or this Agreement. This indemnity provision does not include any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the
sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the DB, its employees, agents or officers, or any third party.
25.2 Professional Services. For those professionals who aze required to be licensed by the state (e.g. azchitects,
landscape azchitects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and al] 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 azising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, DBs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability azising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stoo Notices. The DB shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The D/B shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees, azising from or attributable to a failure
to pay claimants. DB shall be responsible for payment of al] persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. DB agrees to defend, indemnify, and hold harmless, the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, azising from or related to the
Hazazdous Materials identified in the Phase I or Phase II Reports, if any, conducted pursuant to Article V.
26
6-177
DB's indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties
and does not release, or waive its rights to contribution against, any other party.
25.5 Costs of Defense and Award. Included in the obligations in Sections 2~.1 through 2~.4, above, is the DB's
obligation to defend, at DB's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that maybe brought or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. DB shall pay and satisfy anyjudgment, awazd or decree that maybe
rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DB's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers.
25.7 Enforcement Costs. DB agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
27
6-178
ARTICLE XXVI. INSURANCE
26.1 General. DB shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all htsurance required in section 263; (ii)
obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific
provisions required by section 26.4.
26.2 Tvoes of Insurance. At all times during the term of this Agreement, DB shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 O1 07 98 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCU (explosions, underground, and collapse) independent contractors,
products/completed operations, personal injury and advertising injury, bodily injury, property damage,
and liability assumed under an insured's contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either "insured vs. insured" claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten (10) years
following substantial completion of the work. All costs of defense shall be outside the policy limits.
The Policy shall provide for coverage in amounts not less than two million dollars ($2,000,000) per
occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this project/location,
the general aggregate limit shall be twice the required occurrence limit.
26.2.2 Commercial Automobile Liability. For all of DB's automobiles used in conjunction with the Project
including owned, hired and non-owned automobiles, DB shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 OI 12 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollazs ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
26.2.3 Architects and Engineers Professional Liability. For all of DB's employees who are subject to this
Agreement, DB shall keep in full force and effect, or DB shall require that its architecdengineer(s) of
record keep in full force and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one million dollars ($1,000,000) per claim and two million
dollazs ($2,000,000) annual aggregate. DB shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) This policy has a reporting period of three
(3) years after the date of completion or termination of this Agreement. DB agrees that for the time
period defined above, there will be no changes or endorsements to the policy that increases the City's
exposure to loss.
26.2.4 Excess Liability. DB shall provide Excess Liability Insurance affording three million dollazs
($3,000,000) [Generally Check with Risk) in excess of General Liability and Employer's Liability
Limits afforded on primary policies. The coverage will be subject to [he same terms, conditions, and
exclusions found in the primary policies.
26.2.5 Contractors Pollution Liability. If the DB or its Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other
pollutants, Contmctor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than $3,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation.
26.2.5.1 Claims made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for Work performed under the Agreement.
28
6-179
26.2.5.3 The DB or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors Pollution Liability Insurance in which the City, its elected and appointed
officers, employees, and agents, and the DB aze named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal -Site, and
the permits secured for its disposal. This Certificate must be furnished to the City,
evidencing compliance with the outlined requirements, prior to the DB or Contractor
beginning their Work on [he Project. Any failure to furnish this policy or Certificate of
Insurance shall not relieve the DB or Contractor from their obligations under this Section.
26.2.6 Hazardous Transporters Pollution Liabiliry. If the DB's or its contractors' Work includes
transportation of hzadous or toxic chemicals, materials, substances or any other pollutants the DB
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) yeaz 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 DB or its contractors of any tier shall famish the City with a policy or
Certificate of Hazazdous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the DB, and any upper tiered
contractor are named additional insureds.
26.2.6.3 The policy or Certificate must plainly designate the name of the Project, name of the
Disposal Site, and the permits secured for its disposal. This Certificate must be famished to
the City, evidencing compliance with the outlined requirements, prior to the DB or
Contractor beginning their Work on the Project. Any failure to furnish this policy or
Certificate of Insurance shall not relieve the DB or Contractor from thew obligations under
this Section.
26.2.7 Worker's Compensation. For all of DB's employees who aze subject to this Agreement and to the
extent required by the State of California, DB shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DB against al] claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the D/B to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000) for Bodily Injury by Accident for each accident, one million dollazs ($1,000,000) for
Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City, the DB shall file the following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract."
26.2.8 Builder's Risk. To the extent commercially available, the City shall provide a policy of "a11 risk"
Builders Risk Insurance. DB shall add City and its respective elected officials, officers, employees,
agents, and representatives to the policy as loss payees, to the extent such insurance is commercially
available. Coverage will be provided for the Replacement Cost of Materials, Equipment and Fixtures
destined to become a permanent part of the structure, and coverage will include Property in Transit and
Property in Offsite Storage. DB shall also add its construction contractor, and the construction
contractor's subcontractors to the policy as additional named insureds or loss payees, to the extent their
interest may appear. The limit for this policy shall be a minimum of $ [fNSERT] (GMP dollar amount
to reflect project soft and hard costs). It shall be DB's responsibility to beaz the expense of any
deductible. The Builders Risk coverage shall expire at the time such insured property is occupied by
City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors will
29
6-180
be solely responsible for any loss or damage to their personal property, including contractor's tools and
equipment owned, used, leased or rented by the Contractor or Subcontractor.
26.3 Ratine Requirements. Except for State Compensation Insurance Fund, all insurance required by express
provision of this Agreement shall be carded only by responsible insurance companies that have been given at
least an "A" or "A--" and "V" rating by AM BEST, that aze authorized by the Califomia Insurance
Commissioner to do business in the State of California, and that have been approved by the City.
26.3.1 Non-Admitted Carriers. T'he City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy required under Article XXVI, section 26.2 of this Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
26.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial Genera] Liability. The policy or policies must be endorsed to include as an
Additional Insured [he City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO form CG 2010 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars ($1,000,000) or more shall include
liability arising out of: (i) Ongoing operations performed DB or on DB's behalf, (ii) DB's
products, (iii) DB's work, including but not limited to completed operations performed by
DB or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by DB; the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include liability azising out of: (i) Ongoing operations performed by DB
or on DB's behalf, (ii) DB's products, work, including but not limited to completed
operations performed by DB or on DB's behalf, or (iii) premises owned, ]eased, controlled,
or used by you; Except that th connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of Califomia
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580.04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance aze written on an ISO form CA 00 Ol 12 90 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 of Chula Vista and its respective elected
officials, officers, employees, agents, and representatives, with respect to liability azising out
of automobiles owned, leased, hired or borzowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2782 of the Califomia Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnify the City of Chula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
30
6-181
under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected officials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section 11580.04,
the insurer's obligation to the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be Limited to obligations permitted by Califomia
Insurance Code Section 11580.04.
26.42 Primary and Non-Contributory. The policies are primary and non-contributing to any insurance or
self-insurance that maybe tamed 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 of Chula Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess of DB's insurance
and shall not contribute to it.
26.4.3 Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this Agreement.
26.4.4 Project General Aggregate Limit. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazazd.
26.4.5 Written Notice. Except as provided for under Califomia law, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendaz Days prior written notice by DB 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) Calendaz Days notice shall be provided.
26.4.3.1 The words "will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be deleted from
all certificates.
26.4.6 Additional Insurance. DB may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starting Work Before performing any work, DB shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and subconsultants shall name
City and DB as additional insureds under its policies.
26.6 Obliaation to Provide Documents. The DB shall provide copies of documents including but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The DB and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regazding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the DB.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of DB. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the DB shall provide a fmancial guarantee satisfactory to the City guazanteeing payment of
losses and related investigations, claim administration and defense expenses.
31
6-182
26.8 Policv Chances. DB shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
26.9 Reservation of Rights. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they aze 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 mazkup.
26.10 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to
limit the DB's obligations under this Agreement, including Indemnity.
26.11 Material Breach. Failure to maintain, renew, or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1 Suspension of Work for Archaeological and/or Paleontological Discoveries. If a discovery is made of an
azchaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the azea of the discovery shall
be as directed by City.
27.1.1 Discoveries which may be encountered may include, but aze not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Termination of Agreement by City for Cause. If, through any cause, DB shall fail to fulfill in a timely and
proper manner DB's obligations under this Agreement, or if DB shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to DB of such termination and specifying the effective date thereof at least five (5)
Calendaz Days before the effective date of such termination.
273 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reason, by giving specific written notice to D/B of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of Agreement by DB. DB may terminate the Agreement upon ten (10) days written notice to
City, whenever either of the following occur:
27.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 27.1 or 27.=, for
more than ninety (90) consecutive days through no fault or negligence of DB, and notice to resume
Work or to terminate the Agreement has not been received from City within this time period; or,
27.42 Failure to Pay Amounts Due and Not in Dispute. If City fails to pay DB any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendaz Days, plus the ten
(10) Calendaz Days afforded the City to remedy the failure, after presentation to City by DB of a
request therefore.
27.5 DB Action Required. Upon receipt of the Notice of Termination, DB shall take any and all action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of DB and in which City has or may acquire an interest.
27.6 Possession. Ownership, and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 27 2 through 2Z4, all fmished or unfmished documents, data, studies, drawings,
maps, plans, specifications, reports and other materials prepazed by DB, or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the
City.
32
6-183
27.7 Ciri Right to Complete Proiect. In the event that the Agreement is terminated pursuant to this Article
VII, 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 balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the DB shall
be liable for and pay such excess costs to the City.
27.8 Payment to DB Due to Termination. Upon termination, DB shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollaz amount
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
27.8.1 The price for completed services accepted, including any retention, by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and prepazatory
expense allocable thereto. These costs aze only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecazds for Work actually performed.
27.83 A portion of the DB Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, if DB would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 DB and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecazds. Expenses shall be paid based on invoice and receipts provided by DB.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and DB, but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effective date of such termination.
27.8.7 If termination occurs during Phase I, II, or III, DB shall only be entitled to the Fees for Phases I, II, or
III, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will DB be entitled to any consideration for lost profit or lost
opportunity costs.
27.IODeductions. The amount due DB shall be reduced by amounts including the following:
27.10.1 Any claim that City has against DB under this Agreement.
27.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or
sold under the provisions of this clause and not recovered by or credited to City.
27.10.3 Damages caused by DB's breach, including Excess Costs pursuant to Section 27.7.1.
27.10.4 Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to DB, the fair value, as
determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
27.11Disputes. If DB does not agree that the amount determined by the City Manager is fair and reasonable. DB
shall within thirty (30) Calendaz Days of receipt of payment, shall gives notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 22.6.
27.12 Waiver of Claims. In the event of termination under this Article XXVI, failure of DB to dispute amounts
paid in the manner and within the timeframe provided in Section 27.I I shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
performed under this Agreement up to the effective date of Notice of Termination. DB hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Rishts of City Preserved. In the event that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention
33
6-184
or payment of moneys due D/B by City will not release DB from Liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against DB's performance
bond surety.
ARTICLE XXVIII. RECORDS AND AUDITS
28.1 Record Svstem - Reimburseable Costs. DB shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DB shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested
by the City, DB shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record Svstem -Hard Construction Costs. DB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each
monthly application for payment an itemization of al] Hazd Construction Costs actually incurred by DB during
the previous month.
28.3 Retention of Records. DB, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) yeazs following receipt of final payment under this Agreement
or three (3) yeazs following fmal settlement associated with the termination of this Agreement pursuant to
Article XXVII, above.
28.4 Audit of Records. At any tune during normal business hours, during the term of the contract plus and record
retention period and as often as the City deems necessary, DB and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within [he City/County of San Diego
all of the data and records with respect to all matters covered by this Ageement. DB and all contractors or
subcontractors will permit the City to make audits of all invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/County of San Diego, then DB 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.
28.4.1 Costs. DB and DB's agents shall allow City to audit and examine books, records, documents, and any
and all evidence and accounting procedures and practices that City determines aze necessary to
discover and verify all costs of whatever nature, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX. NOTICES
29.1 Writine. Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date. Except in relation to Change Orders as provided for in section 29.4 or as otherwise provided
by ]aw, any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day after mailutg by Express Mail or aRer
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
29.3 Recipients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1
29.3.2
29.3.3
29.4 Recipients of Chance Orders.
29.4.1
34
6-185
29.4.2
29.4.3
29.5 Chance of Address(esl. Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30.1 Headings. All article headings aze for convenience only and shall not affect the interpretation of this
Agreement.
30.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singulaz number includes the plural number.
30.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and aze made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Integration. This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Ageement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the 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 aze merged into this Agreement.
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Drafting Ambiguities. The Parties agree that they aze aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party. This Ageement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and. the Exhibits, the main body of this Agreement shall control. If a conflict exists between an
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency among the main body of this
Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall control Each Party shall notify the other immediately upon the identification of
any appazent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance. Time is ofthe essence of each covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement.
30.12 Further Assurances. City and DB each agree to execute and deliver such additional documents as maybe
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 -
Exhibit B -
35
6-186
Exhibit C
Exhibit D
Exhibit E
Exhibit F
30.14 Compliance with Controlline Law. The Consultant shall comply with all laws, ordinances, regulations, and
policies of the federal, state, and local governments applicable to this Agreement, including Califomia Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages if stated in the RFP,
during the design and preconstmction phases of a project, including inspection and land surveying work. In
addition, the Consultant shall comply immediately with all drrectives issued by the City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of
Califomia shall govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding conceming 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 Califomia. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable awazd of attorney fees in addition to any other awazd made in such suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State of Califomia.
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 fast been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which aze 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 DB's contracts, purchase orders and other contracts between DB and
third party services. DB shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assignment. The DB 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 pazagraph shall constitute a Default and is grounds for
immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
Force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligations cleated by this Agreement shall be vested and binding on any Party's successor in
interest.
30.21 Independent Contractors. The DB, any consultants, contractors, subcontractors, and any other individuals
employed by the DB shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appeaz to give the City any right to duect the DB concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
30.22 Approval. Where the consent or approval of a party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
30.23 No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy
consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of
any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this
36
6-187
Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to
any existing or subsequent breach.
30.24 Si¢nino Authority. The representative for each Party suing on behalf of a corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, this Agreement the City of Chula Vista and [INSERT] have executed this
Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent
to its terms.
This Agreement is dated , 2010 and this date shall constitute the effective date of this
Agreement.
CITY OF CHULA VISTA, A Municipal Corporation [INSERT COMPANY]
By:
CHERYL COX, Mayor
Attest:
DONNA NORRIS, City Clerk
By:
[NAME OF AUTHORIZED REPRESENTATIVE}
Approved as to form and legality:
BART MEISFELD, City Attorney
Dated , 2010
37
6-188
ATTACHMENT C
EECBG SPECIAL TERMS AND CONDITIONS
14
6-189
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM -FORMULA GRANTS
Table of Contents
1. RESOLUTION OF CONFLICTING CONDITIONS ............................................................................... ...1
2. AWARD AGREEMENT TERMS AND CONDITIONS ......................................................................... ...1
3. AWARD PR07ECT PERIOD AND BUDGET PERIODS ...................................................................... ...1
4. STAGED DISBURSEMENT OF FUNDS ............................................................................................... ...1
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ........................................................................... ...2
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD ......................................................................................................................... ...2
7. COST SHARING FFRDC'S NOT INVOLVED ....................................................................................... ...2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ............................................................... ...3
9. CEII.ING ON ADMINISTRATIVE COSTS ........................._._.............................................................. ...4
10. LIMITATIONS ON USE OF FUNDS ...................................................................................................... ...4
11. PRE-AWARD COSTS .............................................................................................................................. ...4
12. USE OF PROGRAM INCOME -ADDITION ......................................................................................... ...4
13. STATEMENT OF FEDERAL STEWARDSHIP ..................................................................................... ...4
14. SITE VISITS ............................................................................................................................................. ...5
15. REPORTING REQUIREMENTS ............................................................................................................. ...5
16. PUBLICATIONS ...................................................................................................................................... ...5
17. FEDERAL,STATE, AND MUNICIPAL REQUIl2EMENTS ................................................................. ...6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ............................. ._6
19. LOBBYING RESTRICTIONS ................................................................................................................. ...6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCT S -
- SENSE OF CONGRESS ......................................................................................................................... ..6
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ......................................................................... ...6
22. NATIONAL ENVD20NMENTAL POLKY ACT (NEPA) REQUIIEMENTS ...................................... ..6
23. DECONTAMINATION AND/OR DECOMMISSIONING (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 REQUIItEMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009) ............................................................................................................... 11
26. REQUIltED USE OF AMERICAN IIiON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ......... 11
27. REQUIItED 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) .............................................................................. 13
28. WAGE RATE REQUIlZEMENTS 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. DAMS BACON ACT REQUIREMENTS (MAY 2009) .......................................................................... 17
31. HISTORIC PRESERVATION .................................................................................................................. 25
ATTACHMENT' I -INTELLECTUAL PROPERTY PROVISIONS ..............._............................................... 26
Not Specified/Other
6-190
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS
I. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this awazd must be referred to the DOE Award Administrator for guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
This awazd/agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
1 Intellectual Property Provisions
2 Project Activity Worksheet(s) aze attached. If the Worksheet is for the
Strategy, the grant will be amended to include additional Worksheets as
activities are approved.
3 Federal Assistance Reporting Checklist
4 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.
5 Davis-Bacon Act Wage Determination(s), if applicable. For Strategy
awards, the Wage Determination will be included when activities aze
approved.
6 Special Requirements, if applicable
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of 2007, Public Law 110-140.
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for
research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency
Specific Requirements at http://www.nsfgov/bfa/dias/policy/rtc/index.jsp.
e. Application proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Awazd Terms in effect on date of awazd at
http://manaoement.enersysov/business doe/1374 htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are concurrent fora 36-month period as indicated in Item
No. 7 of the Assistance Agreement Face Page.
4. STAGED DISBURSEMENT OF FUNDS
IXl IF MARKED. THIS TERM IS APPLICABLE
The total funding allocation for this awazd is shown in Block 13 of the Assistance Agreement Cover Page.
However, funds will be released according to a staged disbursement schedule. Al] funds must be expended
within 36 months of the effective date of [he award.
Not Specified/Other
6-191
083109
[ ]For Energy Efficiency Conservation Strategy (EEGs) Only awards, funds in the amount of
$ [ ] is released to the Recipient to begin work on the EECS. The approved activities aze 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 awazd 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 m 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 similaz issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the awazd.
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
f 1 IF MARKED, THIS TERM DOES NOT APPLY- 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 shaze of
project costs. If feasible, you should time each request so that you receive payment on the same day
that you disburse funds for direct project costs and the proportionate shaze of any allowable indirect
costs. If same-day transfers are not feasible, advance payments must be as close as is administratively
feasible to actual disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that aze available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before
requesting additional cash payments from DOE/NNSA.
d. Payments. All payments aze made by electronic funds transfer to the bank account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARDS.
This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA 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 shaze of the project costs, if cost sharing is
required. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towazds meeting the objectives of the awazd.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONL YIF COST SHARING IS INCL UDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
Not Specified/Other
6-192
083109
project costs. The Recipient's cost share must come from non-Federal sources unless otherwise
allowed by law. By accepting federal funds under this award, you agree that you aze liable for your
percentage share of total allowable project costs, on a budget period basis, even if the project is
terminated eazly or is not funded to its completion. This cost is shazed as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Star[ $/% $/%
No.
1 09/21/2009 $1,974,300 / 59% $1,395,000 / 41% $3 369,300
Total Pro'ect
b. If you discover that you maybe 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 al] project costs that you claim as cost sharing, including in-kind costs,
as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOE/NNSA of some or all the funds provided under the awazd.
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS
THE APPLICABLE TERM IS MARKED BELOW.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded
under the award, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total allowable costs
(i.e., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will no[ amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the underrecovery. Such underrecovery may be
allocated as part of the organization's required cost sharing.
[X] REBUDGETING AND RECOVERY OF INDIItECT COSTS -REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indvect costs are less than those budgeted and funded under the award, you
may use the difference to pay additional allowable direct costs during the project period. If at
the completion of the award the Government's share of total allowable costs (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. The budget for this awazd includes indirect costs, but does not include fringe benefits.
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other
6-193
083109
this project nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. In addition, fringe benefit costs shall not be counted as cost shaze unless
approved by the Contracting Officer.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS - IlVDIItECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this awazd does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be chazged to nor reimbursement requested for this project nor shall the fringe and
indirect costs from this project be allocated to any other federally sponsored project. In addition,
indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting
Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of
meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any fmal 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 shaze, 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, whichevez is greater (EISA Sec
545(b)(3)(B), for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of local
government.
11. PRE-AWARD COSTS
APPLICABLEONLYIFCOMPLETED BELOW.
You are entitled to reimbursement for preawazd costs in the amount of $[ ]for [he period from
[MonthDayYear] to [MonthDayYear] in accordance with your request dated [MonthDayYeaz] if such
costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part
600.
12. USE OF PROGRAM INCOME -ADDITION
If you eam program income during the project period as a result of this awazd, you may add the program
income to the funds committed to the awazd 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
Not Specified/Other
6-194
083109
circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions; and reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
14. SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You
must provide, and must require your subawardees to provide, reasonable access to facilities, office space,
resources, and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension, or termination of the current award, and
withholding of future awazds. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awazds, may also result in a
debarment action to preclude future awards by Federal agencies.
b. Dissemination ofscientific/technical reports. Scientific/technical reports submitted under this award
will be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), unless the
report contains patentable material, protected data, or SBIIt/STTR data. Citations for journal articles
produced under the award will appear on the DOE Energy Citations Database
(www.o sti. eov/energyc itations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Persona] Identifiable Information (PR), limited rights data (proprietary data), classified information,
information subject to export control classification, or other information not subject to release.
16. PUBLICATIONS
a. You aze encouraged to publish or otherwise make publicly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear m the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number DE-SC0002295."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Government nor any agency thereof, nor any of their
employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for
the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed,
or represents that its use would not infringe privately owned rights. Reference herein to any specific
commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring by the United States
Government or any agency thereof. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof"
Not Specified/Other
6-195
083109
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this award.
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this awazd are provided as an attachment to this
award or aze referenced on the Agreement Face Page. A list of all intellectual property provisions may
be found at httpl/www.ec.doe.eov%financial assistance awards.htm.
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
http://www.ec.doe.eov/documents intellectual Property (IPl Service Providers for Acquisition
19. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to Members of Congress as described in 18
U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American-made.
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii)
your consent to the institution of an involuntary case under the Batilauptcy Act against you or your
parent; (iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the
dissolution, winding-up or readjustment of your debts, appointment of a 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 occurzence 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 bythis 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 towazds 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 maybe considered a material noncompliance of
this financial assistance award by the Contracting Officer.
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You aze restricted from taking any action using Federal funds, which would have an adverse effect on the
Noi Specified/Other
6-196
083109
environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA
cleazance or a final NEPA decision regarding this project. PROHHiITED ACTIONS INCLUDE ANY
ACTIVITIES RELATED TO THE MUNIPAL SOLAR INSTALLATION PROJECT EXCEPT
THE ASSESSMENT. Other prohibited activities include any project activities that aze not included in
Attachment 2 of this award. This restriction does not preclude you from approved project activities
included in Attachment 2 of this award. HOWEVER, FURTHER ACTIVITIES RELATED TO THE
MUNICII'AL SOLAR INSTALLATION PROJECT REQUIRE PRIOR APPROVAL BY THE DOE
NEPA COMPLIANCE OFFICER AND UNILATERAL MODIFICATION OF THE AWARD
AGREEMENT. EECBG FUNDING ($874,300.00) WILL BE WITHHELD FOR MUNICPAL
SOLAR INSTALLATION UNTIL THIS CONDITION HAS BEEN SATISFIED. If you move
forwazd with activities that are not authorized for federal funding by the DOE Contracting Officer in
advance of the final NEPA decision, you are doing so at risk of not receiving federal funding and such
costs may not be recognized as allowable cost share.
If this awazd includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA
process.
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or
have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the
recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of
any of its facilities due to the performance of the work under this Agreement, whether said work was
performed prior to or subsequent to the effective date of this Agreement.
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation, environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resources as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS
number (or updating the existing DUNS record), and registering with the Central Contractor Registration
(CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for Recovery Act funds and to ensure those records comply with the requirements of
the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with al] requirements of the
Not Specified/Other
6-197
083109
Act. If the recipient believes there is any inconsistency between ARRA requirements and current award
terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under
the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special
accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA
and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 3Q,
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 govemment.
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 Slate that receives Recovery Act Funds.
Soecia] Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subawazd.
B. Seeresation 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 [he Recovery Act shall
be commingled with any other funds or used for a purpose other than that of making payments for
costs allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any Slate or local government, or any
private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or
swimming pool.
C. Access to Records
With respect to each financial assistance agreement awazded utilizing at least some of the funds
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 U.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
Not Specified/Other
6-198
083109
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regazding
such transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Govemment for any purpose other than the application. To protect such data, the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be
protected and mark the cover sheet of the application with the following Notice as well as referring to
the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and contain
trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation
purposes, provided that if this applicant receives an award as a result of or in connection with the
submission of this application, DOE shall have the right to use or disclose the data here to the extent
provided in the awazd. 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 ]inked to the website
www.recovery.gov ,maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
sections 552 and 552a of title 5, United States Code.
E. Protectine State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 ofthe Act are summarized below. They include, but are not limited
to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009, 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 Congers, 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
grantjury, the head of a Federal agency, or their representatives information that the employee
believes is evidence of
• gross management of an agency contrnct 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 reprisai. The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Ordez 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,
Not Specified/Other
6-99
083109
and other terms and conditions of employment that would apply to the person in that position if
the reprisal had no[ been taken.
• Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by
the employee for or in connection with, bringing the complaint regazding the reprisal, as
determined by the head of a court of competentjurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bazgaining agreement, the rights and remedies provided to aggrieved
employees by this section may not be waived by any agreement, policy, form, or condition of
employment, including any predispute arbitration agreement. No predispute arbitration agreement
shall be valid or enforceable if it requires azbitration of a dispute azising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed
language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General
any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other
person has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct
involving those funds.
H. Information in supportive of Recovery Act Reoortine
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
I. Avai]ability of Funds
Funds appropriated under the Recovery Act and obligated to this award aze available for
reimbursement of costs until September 30, 2015.
J. Additional Fundine Distribution and Assurance of Appropriate Use of Funds
Applicable if awazd is to a State Government or an Aeencv
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 -- If funds provided to any State m 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
Not Specified/Other
10
6-200
083109
for distribution to local governments, councils of government, public entities, and public-private
entities within the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Ac[ of 2009, Pub. L. 1 I I-5, the Governor, mayor, or
other chief executive, as appropriate, certified by acceptance of this awazd that the infrastructure
investment has received the full review and vetting required by law and that the chief executive accepts
responsibiliTy that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient
shall provide an additional certification that includes a description of the investment, the estimated
total cost, and the amount of covered funds to be used for posting on the Internet. A State or local
agency may not receive infrastructure investment funding from funds made available by the Ac[ unless
this certification is made and posted.
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009)
a. This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the
public.
b. The reports are due no later than ten calendaz days after each calendar quarter in which the recipient
receives [he 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.cccgov) at all times during which they have active federal awazds funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http://www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
d. The recipient shall report the information described in section 1512(c) of the Recovery Act using the
reporting instructions and data elements that will be provided online at
http://www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERYACT FUNDS FOR CONSTRUCTION.
ALTERATION, MAINTENANCE. OR REPAIR OFA PUBLIC B UILDING OR PUBLIC WOR%AND
THE TOTAL PROJECT yAL UE IS ESTIMATED LESS THAN $7.443.000. THIS AWARD TERM
ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS
a. Definitions. As used in this awazd term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governtnental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
Not Specified/Other
11
6-201
083109
outlying islands of the United States; State and local governments; and multi-State, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent cazbon, and
may include other elements.
b. Domestic preference.
(i) This award term and condition implements Section 1605 of the Amecican Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and
manufactured goods used in the project aze produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
(3) The award official may add other iron, steel, and/or manufactured goods to the list in pazagraph
(b)(2) of this section and condition if the Federal Government determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be umeasonable. The
cost of domestic iron, steel, or manufactured goods used in the project is umeasonable when
the cumulative cost of such material will increase the cost of the overall project by more than
25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act .
(1)
(i) Any recipient request to use Foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section shall include adequate information for Federal
Government valuation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location ofthe project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the mazket
and a completed cost compazison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have
been obligated for a project for construction, alteration, maintenance, or repair shall
explain why [he recipient could not reasonably foresee the need for such determination
and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the awazd official need not make a
determination.
Not Specified/Other
12
6-202
083109
(2) If the Federal Government determines afrer 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 awazd official will amend the awazd 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 awazd 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 of the domestic iron, steel, or manufactured goods, [he award official shall
adjust the award amount or redistribute budgeted funds by at ]east 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, 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 7:
Forei steel, iron, or manufactured ood
Domestic steel, iron, or manufactured ood
Item 2:
Forei steel, iron , or manufactured ood
Domestic steel, iron, or manufactured ood
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 RECOVERYACT FUNDS FOR CONSTRUCTION
ALTERATION. MAINTENANCE. OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORX
WITH A TOTAL PROJECT VALUE OVER 87.443.000 THAT INVOLVES IRON. STEEL. AND/OR
MANUFACTURED GDODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS.
THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
Not Specified/Other
13
6-203
083109
Designated country -
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada,' Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, 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, EI Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicazagua,
Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (May I5, 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 from another
country, has been substantially transformed in a designated country into a new and different
manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means 'von, steel and/or manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
outlying islands of the United States; State and local governments; and multi-State, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, pazkways, 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
6-204
081109
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent cazbon, and
may include other elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured
goods. The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
goods and services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
None
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph
(b)(3) of this section if the Federal Government determines that--
(i) The cost of domestic iron, sleet, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when
the cumulative cost of such material will increase the overall cost of the project by more than
25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American
Act.
(1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(4) of this section shall include adequate information for Federal
Government evaluation of the request, including--
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the mazket and a
completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of aon, steel, or manufactured goods shall include al] delivery costs to the
Not Specified/Other
15
6-205
083109
construction site and any applicable duty.
(iv) Any recipient request for a determinavon submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the awazd 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 orpublic
interest, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the awazd
official shall adjust the awazd amount or redistribute budgeted funds, as appropriate, by at ]east 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, and/or manufactured goods other than designated country iron,
steel, and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on umeasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of
Measure Quantity Cost
dollars
Item !:
Forei steel, iron, or manufactured ood
Domestic steel, iron, or manufactured mood
Item 2:
Forei steel, iron , or manufactured ood
Domestic steel, iron, or manufactured ood
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 al] 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
MAYItWOLVE CONSTRUCTION. ALTERATION. MAINTENANCE. OR REPAIR. THIS AWARD
TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
Not Specified/Other
16
6-206
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 shall be paid wages at rates not less than those
prevailing on projecu 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 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon
contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements,
and loans under the Recovery Act shall ensure that the standazd Davis-Bacon contract clauses found in
29 CFR 6.5(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 dvect their initial inquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agency funding the project. The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
29. RECOVERY ACT TRANSACTIONS LISTED IN SCIiEDULE 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 of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circular A--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/a102/a102.htm1
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--] 33,
"Audits of States, Local Govemments, and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Acton the Schedule of Expenditures
of Federal Awards (SEFA) 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/ali3/a133.htm1.
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act sepazately on the SEFA, and as separate rows under Item 9 of Part III on the SF--SAC by CFDA
number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the
SEFA and as the fvst characters in Item 9d of Part III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subawazd and
at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector Genera] and
the Government Accountability Office.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE
Not Specified/Other
17
6-207
083109
REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERYACT TERM IS APPLICABLE.
THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
Note: Where necessary to make the context ofthese articles applicable to this awazd, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the
following definitions.
Recipient means the organization, individual, or other entity that receives an award from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
project, and is legally responsible for carrying out the terms and conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Definikon.-"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 awazd will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is-
(A) Located in the United States; and
(B) Established specifically for the performance of the award or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-
(i) They aze dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal award or project. In addition, fabrication
plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, are not included in the "site of the work." Such permanent, previously established
facilities are not a part of the "site of the work" even if the operations for a period of time may be
dedicated exclusively or nearly so, to the performance of a award.
(b) (I) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, or as may be incorporated for a secondary site 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 and
shall be incorporated without any adjustment in award price or estimated cost. Laborers employed
by the construction Contractor or construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary site of the work shall be
Not Specified/Other
18
6-208
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 of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (e) of this article; also, regulaz
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
pazagmph (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. (I) 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 with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed by a classification
fr the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of [he:
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
6-209
083109
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subpazagmphs (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 of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contrnctor 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 awazd 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 similaz 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 rotes that the Contractor may have [o pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his
or hec correct classification, hourly rates of wages paid (including rntes of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under pazagraph (d) of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely al]
of the information required to be maintained under paragraph (a) of [his article. This information may
be submitted in any form desired. Optional Forat WH-347 (Federal Stock Number 029-005-00014-1)
is available for this purpose and may be purchased fromthe --
Superintendent ofDocuments 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 awazd and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under
Not Specified/Other
20
6-2~~
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
awazd during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part
3; and
_(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-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 Tide 31 of the
United States Code.
(c) The Contractor or subcontractor shall make the records required under pazagraph (a) of this article available
for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit required
records or to make them available, the Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
Withholding of Funds
The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
awazd or any other Federal awazd with the same Prime Contractor, or any other federally assisted awazd
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, al] or part of the wages
required by the awazd, 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 aze 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
6-211
083109
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the Contractor as to the entire work force under the registered
program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in pazagraph (a)(1) 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 actually
performed.
(4) Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the 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 of the journeyman hourly rate specified
in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. Ifthe apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they aze employed pursuant to and individually
registered in a program which has received prior approval, evidenced by forma] 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 m the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the 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 full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OATELS
shall be paid not less than the applicable wage rate in the wage determination for the classification
of work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in 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
22
6-212
083109
until an acceptable program is approved.
(d) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
article shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by
reference in this awazd.
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
particulaz building or work at the site thereof, including without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-
si[e;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
pazagraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon
Act of this awazd, and a facility which is dedicated to the construction of the building or work and
is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work"
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is constructed, which is part of the "site of the work" definition in
paragraph (a)(1)(ii) of the Davis-Bacon Act article, and the physical place or places where the
building or work will remain (pazagrnph (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-
(1) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standads Act --Overtime Compensation (if the article is
included in this awazd);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standazds);
(8) Contract Termination -Debarment;
Not Specified/Other
23
6-213
083109
(9) Disputes Concerning Labor Standazds;
(10) Compliance with Davis-Bacon and Related Act Regulations; and
(1 I) 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) (1)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the United States, including the subcontractor's signed and dated acknowledgment
that the articles set forth in paragraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to
the Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this article, including this paragraph (e) in all subcontracts
for construction within the United States.
Contract Termination --Debarment
A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act --
Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related
Act Regulations, or Certification of Eligibility maybe grounds for termination of the whole award or in
part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
are hereby incorporated by reference in [his 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 fum is a person or firm ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this award shat] be subcontracted to any person or firm ineligible for award of a
Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
Not Specified/Other
24
6-214
083109
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work
under this awazd must be submitted for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination
included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shal] be at the expense of the Contractor and shall not be reimbursed by the
Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
31. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOE's 2009 letter of delegation of authority regardingthe NHPA. Section 106 applies to historic properties
that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the Recipient must contact the Stale 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 available at the following link:
httn://www.ncshoo.orJfind/index.htm. THPO contact information is available at the following link:
httn://www. nathpo.orJman.html.
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 awaze that the DOE Contracting Officer will consider compliance with Section 106 of
NHPA complete only after the Recipient has submitted adequate background documentation to the
SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient [hat it
does not object to its Section 106 5nding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
Not Specified/Other
25
6-215
083109
ATTACHMENT 1 -INTELLECTUAL PROPERTY PRO VISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d).
All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership
was purchased, under an award. DOE reserves aroyalty-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 of Information act (FOIA) request for reseazch data relating to
published research findings produced under an award that were used by the Federal Government in developing
an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA. If the DOE obtains the research data solely in response to a FOIA
request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C.
552(a)(4)(A)).
Not Specified/Other 26
6-216
Pale i or 22
Genera_ Decisicr. Number: CA100001 C4/16/20i0 CA1
Superseded General Decision Number: CA20080001
State: California
Construction Types: Building, Heavy (Heavy and Dredging),
Highway and Residential
Coun *_y: San Ciego Ccunty in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of
single family homes and apartments up to and including 9
stories)
Modification Number
0
1
2
3
Publication Date
03/12/2010
03/19/2010
04/02/2010
04/16/2010
ASBE0005-002 01/01/2010
Asbestos Workers/Irs ulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$
Fire Stop Technician
(Application of Firestopping
Materials for wa1'_ openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$
ASBE0005-004 01/01/2010
Rates Fringes
32.93 15.32
24.21 13.76
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials £rom
mechanical systems, whether
they contain asbestos or not)....$ 18.85 8.03
BOIL0092-003 10/G1/2009
Rates Fringes
BOILERMAKER ......................$ 40.22 22.26
BRCA0009-008 11/01/2009
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb6-21 ~ 06/16/2010
Page 2 of 22
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 31.40 13.55
----------------------------------------------------------------
BRCA0018-004 C6/Ol/2008
Rates Fringes
MARBLE FINISAER ............... ...$ 25.52 9.08
TILE FINISHER ................. ...$ 21.07 7.88
TILE LAYER ....................
_________________ ...$
____ 32.05
___________ 11.99
___________________
_____________
BRCA0018-010 09/01/2009
Rates Fr'_nges
TERRAZZO FINISHER ............. ...$ 26.59 9.62
TERRAZZO WORKER/SETTER........ ...$ 33.63 10.46
CARP0409-002 07/01/2008
Rates Fringes
Diver
(1) wet .................. ...5 663.68 9.82
(2) Standby .............. ...$ 331.84 9.82
(3) Tender ............... ...$ 323.84 9.82
(9) Assistant Tender..... ...$ 299.84 9.82
Amounts in "Rates' co'_umn are
--------- per
---- day
-----------
-------------------
---------------------
CARP0409-008 07/01/2008
Rates Fringes
Modular Furniture Snstaller... ...5 19.00 7.41
CARP0547-001 07/01/2009
Rates Fringes
CARPENTER
(1) Bridge ............. ....$ 37.28 10.58
(2) Commercial Building ....S 32.30 10.58
(3) Heavy & Highway.... ....$ 37.15 10.58
(4) Residential Carpenter..$ 25.84 10.58
(5) Residen *_ia1
Insulation Installer.... ....$ 18.00 8.16
MILLWRIGHT ................... ....$ 37.65 10.58
PILE DRIVERMAN ................ ....$ 37.28 10.58
CARP0597-002 07/01/2009
Rates Fringes
Drywall
(1) Work on wood framed
construction of single
family residences,
apartments or condominiums
under four stories
Drywall Insta_ler/Lather.. .$ 21. 00 8.58
Drywall Stocker/SCrapper.. .$ 11. 00 6.67
(2) All other work
Drywall Installer/Lather.. .S 27. 35 9.58
Drywall Stocker/SCrapper.. .$ 11. 00 6.67
http://www.wdol.gov/wdol/scafiles/davisbacon/CA1.dvb6-218 06/16/2010
Page 3 of 22
-----------------------------------
ELEC0569-001 06/01/2009
Rates
Electri ciars (Tunnel Work)
Cable Splicer ........... ....$ 41. 98
Electrician ............. ....$ 91. 23
Electricians: (A11 Other
work, Including-4 Stories
Residential)
Cable Splicer ........... ....$ 37. x.0
Electrician ............. ....$ 36. 65
ELEC0569-005 12/01/2009
Rates
Fringes
3~+11.29
3~+11.29
3$+11.29
3~+11.29
Fringes
Sound & Communications
Sound Technician............$ 26.42 $10.47
Soundman ....................$ 21.14 $8.74
SOUND TECHNICIAN: Terminating, operating and performing
final check-out
SOUNDMAN: Wire-pulling, splicing, assembling and installing
devices
SCOPE OF WORK Assembly, installation, operation, service and
maintenance of components or systems as used in closed
circuit television, amplified master television
distribution, CATV on private property, intercommunication,
burglar alarm, fire alarm, life support and all security
alarms, private and public telephone and related telephone
interconnect, public address, paging, audio, language,
electronic, background music system less than line voltage
or any system acceptable for class two wiring for private,
commercial, or industrial use furnished by leased wire,
frequency modulation or other recording devices, electrical
apparatus by means of which electricity is applied to the
amplification, transmission, transference, recording or
reproduction of voice, music, sound, impulses and video.
Excluded from this Scope cf Work - transmission, service
and maintenance of background music. A11 of the above
shall include the installation and transmission over fiber
optics.
ELEC0569-006 10/01/2009
Work on street lighting; traffic signals; and underground
systems and/or established easements outside of buildings
Rates Fringes
Traffic signal, street light
and underground work
Utility Technician #1.......$ 27.00 $7.53
Utility Technician #2.......$ 20.00 $7.32
STREET LIGHT & TRAFFIC SIGNAL WORK:
UTILITY TECHNZCIAN #1: Installation of street lights and
traffic signals, including electrical circuitry,
programmable controller, pedestal-mounted electrical meter
enclosures and laying of pre-assembled cable in ducts. The
http://www.wdoLgov/wdol/scafiles/davisbacon/CA l .dvb 6- 21 9
06/16/2010
Page =: of 22
layout of electrical systems and communication installation
including prover position of trench depths, and radius at
duct banks, location for manholes, street lights and
traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at jobsite,
installation of underground ducts for electrical,
telephone, cable TV land communication systems. The
setting, leveling, grounding and racking of precast
marh oles, handholes and transformer pads.
------------------------------------------------------------
ELEC0569-008 12/01/2005
Rates Fringes
ELECTRICIAN (Residential, 1-3
Stories) .........................$ 21.00 3~+2.55
-------------------------------------------------------------
ELEC1245-001 06/01/2009
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer. .$ 44.47 13.11
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).......... .$ 35.52 12.07
(3) Groundman .............. .$ 27.17 11.82
(4) Powderman .............. .$ 39.71 12.23
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
-----------------------------------------------------------
ELEV0018-001 01/01/2010
Rates Fringes
ELEVATOR MECHANIC ................$ 45.33 20.035
FOOTNOTE:
PAID VACATION: Employer contributes 8$ of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6o for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
ENGI0012-003 07/01/2009
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1 ................. ...$ 36. 83 17.22
GROUP 2 ................. ...$ 37. 61 17.22
GROUP 3 ................. ...$ 37. 90 17.22
GROUP 4 ................'. ...$ 39. 39 17.22
GROUP 5 ................. ...$ 40. 49 17.22
GROUP 6 ................. ...$ 39. 61 17.22
GROUP 7 ................. ...$ 90. 71 17.22
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb 6-220 06/16/2010
Paee 5 of 22
GROUP 8 ................ ....$ 39.72 17.22
GROUP 9 ................ ....$ 40.82 17.22
GROUP 10 ................ ....$ 39.84 17.22
GROUP 11 ................ ....$ 40.94 17.22
GROUP 12 ................ ....$ 40.01 17.22
GROUP 13 ................ ....$ 40.11 17.22
GROUP 14 ................ ....$ 40.14 17.22
GROUP 15 ................ ....$ 40.22 17.22
GROUP 16 ................ ....$ 40.34 17.22
GROUP 17 ................ ....$ 40.51 17.22
GROUP 18 ................ ....$ 40.61 17.22
GROUP 19 ................ ....$ 40.72 17.22
GROUP 20 ................ ....$ 40.84 17.22
GROUP 21 ................ ....$ 41.01 17.22
GROUP 22 ................ ....$ 41.11 17.22
GROUP 23 ................ ....$ 41.22 17.22
GROUP 29 ................ ....$ 41.34 17.22
GROUP 25 ................ ....5 91.51 17.22
OPERATOR: Power Equipment
(Cranes, Pi ledriving &
Hoisting)
GROUP 1 ................ ....$ 38.18 17.22
GROUP 2 ................ ....$ 38.96 17.22
GROUP 3 ................ ....$ 39.25 17.22
GROUP 4 ................ ....$ 39.39 17.22
GROUP 5 ................ ....$ 39.61 17.22
GROUP 6 ................ ....$ 39.72 17.22
GROUP 7 ................ ....$ 39.84 17.22
GROUP B ................ ....$ 40.01 17.22
GROUP 9 ................ ....5 40.18 17.22
GROUP 10 ................ ....$ 41.18 17.22
GROUP 11 ................ ....$ 92.18 17.22
GROUP 12 ................ ....$ 43.18 17.22
GROUP 13 ................ ....$ 49.18 17.22
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1 ................ ....$ 38.68 17.22
GROUP 2 ................ ....$ 39.46 17.22
GROUP 3 ................ ....5 39.75 17.22
GROUP 9 ................ ....$ 39.89 17.22
GROUP 5 ................ ....$ 40.11 17.22
GROUP 6 ................ ....$ 40.22 17.22
GROUP 7 ................ ....5 40.34 17.22
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the £ollowng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: 52.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes Toed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
http://www.wdol.gov/wdol/scafiles/davisbacon/CAI .dvb 6-2 2 ~ 06/16/2010
Pale 6 of 22
operator; Pump operator; Signalman; Switchman
GRCIIP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loe d, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot Fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragt ype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, smallauger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; Micro Tunneling (above ground
tunnel); Power concrete curing machine operator; Power
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting); Screed operator (asphalt or
concrete); Trenching machine operator (up to 6 ft.); Vacuum
or much truck
GROUP 5: Equipment Greaser (Grease Truck/MUlti Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Cerrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechari cal finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuu_n blasting machine operator
6-222
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb 06/16/2010
Page 7 of 22
GROUP 7: Welder - General
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphal*_ paving machine opera*_or (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Dri11 Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth cf 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, A*_hey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
water] et cutting tool system mechanic; Water pull
(compacticn) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Mcnorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
6-223
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb 06/16/2010
Page 3 of 22
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calwel d,
auger 2C0 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); F_oe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile £orm
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece o£ equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagcn and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb6- 2 24 06/16/2010
Page 9 of 22
types in any combination, excluding compactior. units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes toed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-Frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boomand similar type); Lift mobile
operator; .Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; .Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
6-225
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb 06/16/2010
Paee 10 of 23
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 9: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Dri11 doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
6-226
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page 11 0
(Hackley-Presswell or similar tyne); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$i.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDTNO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the NW ilh of Section 6, T27S, R42E, Mt. Diablo
Meridian. Continue North to the intersection with the Inyo
County Boundary at that point which is the NE corner of the W i~'2
of the N it's of Section 6, T25S, R42E, MDM. Continue W along the
Inyo and San Bernardino County boundary until the intersection
with Kern County, as that point which is the SE corner of
Section 39, T29S, R40E, MDM. Continue W along the Inyo and
Kern County boundary until the intersection with Tulare County,
at that point which is the SW corner of the SE il'~ of Section.32,
T29S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner o£ T325, R3iE, MDM. Continue
W to SW corner of SE il'~i of Section 34, T32 S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7 W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T15, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for porti ors of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Cbispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Cort inue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17 E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S alor_g West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
http://www.wdol.gov/wdol/scafiles/davisbacon/C~1 a~b~ 06/16/2
,~
6-228
Page 12 of 22
Continue E alcng the south edge of T9N, SBM to the Sarta
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE il'~ of Section 32, T7N, R24W, SBM. Continue E along the
south edge of T7N, SBM to the SE corner to T7N, R21W, SBM.
Continue N along East side of R21W, SBM to Ventura County and
Kern County boundary at the NE corner of TBN, R21W. Continue W
along the Ventura County and Kern County boundary to the SE
corner of T9N, R21W. Continue North along the East edge of
R21W, SBM to the NE corner of T12 N, R21W, SBM. Continue West
along the north edge of T12N, SBM to the SE corner of T32 S,
R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S
MDM;. Continue North along the East side of R21E, MDM to the
Kings County and Kern County border at the NE corner of T25S,
R21E, MDM, continue West along the Kings County and Kern County
Boundary until the intersection of San Luis Obispo County.
Continue west along the Kings County and San Luis Obispo County
boundary until the intersection with Monterey County. Continue
West along the Monterey County and San Luis Obispo County
boundary to the beginning point at the NW corner of T25S, R16E,
MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
W il'~ of the NW ilk of Section 2, T85, R29E, MDM. Continue SSE
along the entire western boundary of Inyo County, until the
intersection with Kern County at the point which is the SW
corner of the SE ilk o£ Section 32, T24S, R37E, MDM. Continue E
along the Inyo and Kern County boundary until the intersection
with San Bernardino County at that point which is the SE corner
of section 34, T245, R40E, MDM. Continue E along the Inyo and
San Bernardino County boundary until the point which is the NE
corner of the W if'-z of the NW il'~ of Section 6, T25S, R42 E, MDM.
Continue Sto that point which is the SW corner of the NW i~'a of
Section 6, T27S, R92E, MDM. Continue E in a straight line to
the California and Nevada state border at the point which is
the NW corner of Section 1, T17N, R19E, San Bernardino
Meridian. Then continue NW along the state line to the
starting point, which is the center of Section 18, T10N, R22E,
MDM.
REMAINING AREA NOT DEFINED ABOVE RELIEVES BASE RATE
__________________________________________
ENGI0012-004 08/01/2009
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman .............. ..$ 44.83 17 .22
(2) Dredge dozer.......... ..$ 40.36 17 .22
(3) Ceckmate .............. ..$ 40.25 17. 22
(4) Winch operator (stern
winch on dredge).......... ..$ 39.70 17. 22
(5) Fireman-Oiler,
Deckhand, Bargeman,
6-229
http://www.wdol.gov/wdoUscafiles/davisbacon/CA l . dvb
06/16/2010
Pale 13 of 22
Leveei!and ...................$ 39.16 17.22
(6) Barge Mate ..............$ 39.77 17.22
----------------------------------------------------------
IRON0002-004 07/01/2009
Rates Fringes
Ironworkers:
Fence Erector ...............$ 26.58 15.24
Ornamental, Reinforcing
and Structural ..............$ 33.C0 23.71
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Sisanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at
Army Defense Language Instit
Naval Post Graduate School -
Logistics Center
$2.00 additional per hour at
Port Hueneme, Port Mugu, U.S
the following locations:
rte - Monterey, Fallon Air Base,
Monterey, Yermo Marine Corps
the following locations:
. Coast Guard Station - Two Rock
___________________________________
LAB00089-001 07/01/2009
Rates Fringes
LABORER (BUILDING and all
other Residential
Construction)
Group 1 ................... ..$ 25.02 13 .50
Group 2 ................... ..$ 25.90 13 .50
Group 3 ................... ..$ 26.61 13 .50
Group 4 ................... ..$ 27.41 13 .50
Group 5 ................... ..$ 28.09 13 .50
LABORER (RESIDENTIAL
CONSTRUCTION - See definition
below)
(1) Laborer ............... ..$ 22.87 10 .83
(2) Cleanup, Landscaping,
Fencing (chain link or
wood) ..................... ..$ 21.58 10 .63
RESIDENTIAL DEFINITION: wood or metal frame construction of
single family residences, apartments and condominums -
excluding (a) projects that exceed three stories over a
garage level, (b) any utility work such as telephone, gas,
water, sewer and other utilities and (c) any £ine grading
work, utility work or paving work in the future street and
public right-of-way; but including all rough grading work
at the job site behind the existing right of way
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
6-230
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page i4 of 22
Screeding for Roucht Strike-off; Concrete, water curing;
Demolition laborer; Flagman; Gas, oil and/or water pipeline
laborer; General Laborer; General clean-up laborer;
Landscape laborer; Jetting laborer; Temporary water and
air lines laborer; Material hoseman (walls, slabs, floors
and decks); Plugging, £illing of Shee-bolt holes; Dry
packing of concrete; Railroad maintenance, Repair Trackman
and road beds, Streetcar and railroad construction trac
laborers; Slip form raisers; Slurry seal crews (mixer
operator, applicator operator, squeegee man, Shuttle man,
top man), £illing of cracks by any method on any surface;
Tarman and mortar man; Tool crib or tool house laborer;
Window cleaner; Wire Mesh puling-all concrete pouring
operations
GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute man, pouring concrete, the
handling of the cute from ready mix trucks, such as walls,
slabs, decks, floors, foundations, footings, curbs, gutters
and sidewalks; Concrete curer-impervious membrane and £orm
oiler; Cutting torch operator (demoliton); Guinea chaser;
Headboard man-asphlt; Laborer,
packing rod steel and pans; membrane vapor barrier installer;
Power broom sweepers (small); Riiprap, stonepaver, placing
stone or wet sacked concrete; Roto scraper and til ler; Tank
sealer and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh Chipper and similar type brush
shredders; Underground laborers, including caisson bellower
GROUP 3: Buggymobile; Concrete cutting torch; Concrete
cutting torch; Concrete pile cutter; Driller, jackhammer, 2
1/2 feet drill steel or longer; Dri Pak-it machine; High
sealer (including drilling of same); Hydro seeder and
similar type; Impact wrench, mult-plate; Kettlemen, potmen
and mean applying asphalt, lay-kol d, creosote, line caustic
and similar type materials (applying means applying,
dipping, brushing or handling of such materials for pipe
wrapping and waterproofing); Operators of pneumatic, gas,
electric tools, vibratring machines, pavement breakers, air
blasting, come-along, and similar mechanical tools not
separately classified herein; Pipelayers back up man
coating, grouting, making of joints, sealing, caulking,
diapering and inclduing rubber gasket joints, pointing and
any and all other services; Rotary Scarifier or multiple
head concrete chipping scaarifier; Steel header board man
and guideline setter; Tampers, Barko, Wacker and similar
type; Trenching machine, handpropelled
GROUP 9: Asphalt raker, luterman, ironer, apphalt dumpman and
asphalt spreader boxes (all types); Concrete core cutter
(walls, floors or ceilings), Grinder or sander; Concrete
saw man; cutting walls or flat work, scoring old or new
concrete; Cribber, shorer, lagging, sheeting and trench
bracing, hand-guided lagging hammer; Laser beam in
connection with laborer's work; Oversize concrete vibrator
operator 70 pounds and over; Pipelayer performing all
services in the laying, installation and all forms of
connection of pipe from the point of receiving pipe in the
ditch until completion of oepration, including any and all
forms of tubular material, whether pipe, metallic or
non-metallic, conduit, and any other stationary type of
tubular device used for the conveying of any substance or
element, whether water, sewage, solid, gas, air or other
product whatsoever and without regard to the nature of
material from which the tubular material is Fabricated; No
6-231
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page 15 of 22
joint pipe and stripping of same; Prefabricated manhole
ins'_ailer; Sandblaster (nozzleman), Porta shot-blast, water
blasting
GROUP 5: Blasters Powderman-All work of loading holes,
placing and blasting of all pwder and explosives of
whatever type, regardless of method used for such loading
and placing; Driller-all power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple
unit, and any and all other types of mechanical drills
without regard to the form of motive power.
LABOOOB9-002 11/01/2008
Rates Fringes
LABORER (MASON TENDER)...........$ 25.86 12.13
LAB00089-004 07/01/2009
HEAVY AND HIGHWAY CONSTRUCTION
Rates Fringes
Laborers:
GROUP 1 ........ .............$ 26.14 13.50
GROUP 2 ........ .............$ 26.60 13.50
GROUP 3 ........ .............$ 27.01 13.50
GROUP 4 ........ .............$ 27.85 13.50
GROUP 5 ........ .............$ 30.72 13.50
LABORER CLASSIFICATIONS
GROUP 1: Laborer: General or Construction Laborer, Landscape
Laborer. Asphalt Rubber Material Loader. Boring Machine
Tender (outside), Carpenter Laborer (cleaning, handling,
oiling & blowing of panel forms and lumber), Concrete
Laborer, Concrete Screeding for rough strike-off, Concrete
water curing. Concrete Curb & Gutter laborer, Certified
Confined Space Laborer, Demolition laborer & Cleaning o£
Brick and lumber,Expansion Joint Caulking; Environmental
Remediation, Monitoring Well, Toxic waste and Geotechnical
Drill tender, Fine Grader, Fire Watcher, Limbers, Brush
Loader, Pilers and Debris Handlers. flagman. Gas Oil and
Water Pipeline Laborer. Material Hoseman (slabs, walls,
floors, decks).; Plugging, filling of shee bolt holes; Dry
packing of concrete and patching; Post Holer Digger
(manual); Railroad maintenance, repair trackman, road beds;
Rigging & signaling; Scaler, Slip-Form Raisers, Filling
cracks on any surface, tool Crib or Tool House Laborer,
Traffic control (signs, barriers, barricades, delineator,
cones etc.), Window Cleaner
GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1
yd. or larger mixers and handling bulk cement); Concrete
curer, impervious membrane and form oiler; Chute man,
pouring concrete; Concrete cutting torch; Concrete pile
cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or
longer; Dry pak-it machine; Fence erector; Pipeline
wrapper, gas, oil, water, pot tender & £orm man; Grout man;
Installation of all asphalt overlay fabric and materials
used for reinforcing asphalt; Irrigation laborer;
Kettleman-Potman hot mop, includes applying asphalt,
lay-kl_old, creosote, lime caustic and similar tyhpes of
materials (dipping, brushing, handling) and waterproofing;
Membrane vapor barrier installer; Pipelayer backup man
6-232
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page 16 of 22
(coating, grouting, mating cf joints, sealing caulkiing,
diapering including rubber basket joints, pointing);
Rotary scarifier, multiple head. concrete chipper; Rock
Slinger; Roto scraper & tiller; Sandblaster pot tender;
Septic tank digger/installer; Tamper/wacker operator; Tank
scaler & cleaner; Tar man & mortar man; Tree
climber/f aller, chainb saw operator, Pittsburgh chipper &
similar type brush shredders.
GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile
Man, Bushing hammer; Compactor (all types), Concrete Curer
- Impervious membrane, Form Oiler, Concrete Cutting Torch,
Concrete Pile Cutter, Driller/Jackhammer with drill steel 2
1/2 ft or longer, Dry Pak-it machine, Fence erector
including manual post hole digging, Gas oil or water
Pipeline Wrapper - 6 ft pipe and over, Guradrail erector,
Hydro seeder, Impact Wrench man (multi plate),
kettleman-Potman Hot Mop includes applying Asphalt,
Lay-Ko1d, Creosote, lime caustic and similar types of
materials (dipping, brushing or handling) and
waterproofing. Laser Beam in connection with Laborer work.
High Scaler, Operators of Pneumatic Gas or Electric Tools,
Vibrating Machines, Pavement Breakers, Air Blasting,
Come-Alongs and similar mechanical tools, Remote-Controlled
Robotic Tools in connection with Laborers work. Pipelayer
Backup Man (Coating, groutin g,m makeing of joints, sealing,
caulking, diapering including rubber gasket joints,
pointing and other services). Power Post Hole Digger,
Rotary Scarifier (multiple head concrete chipper
scarifier), Rock Slinger, Shot Blast equipment (8 to 48
inches), Steel Headerboard Man and Guideline Setter,
Tamper/blacker operator and similar types, Trenching Machine
hand propelled.
GROUP 9: Any worker exposed to raw sewage. Asphalt Raker,
Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete
Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock
Slinger. Installation of subsurface instrumentation,
monitoring wells or points, remediation system installer;
Laborer, asphalt-rubber distributor bootman; Oversize
concrete vibrator operators, 70 pounds or over. Pipelayer,
Prfefabricated Manhole Installer, Sandblast Nozzleman
(Water Baasting-Porta Shot Blast), Traffic Lane Closure.
GROUP 5: Blasters Powderman-All work of loading holes,
placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading
and placing; Horizontal directional driller, Boring system,
Electronic traking, Driller: all power drills excluding
jackhammer, whether core, diamond, wagon, track, multiple
unit, and all other types of mechanical drills without
regard to form of motive power. Environmental remediation,
Monitoring well, Toxic waste and Geotechnical driller,
Toxic waste removal. Welding in connection with Laborer's
work.
* LAB00300-008 08/05/2009
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 26.65 14.70
PLASTER TENDER ..............$ 29.20 14.70
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air
6-233
http:,~/www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Pale 17 of 22
Station-29 Palms, Imperial Beach Naval Air Station, Marine
Corps Logistics Supply Base, Marine Corps Pickle Meadows,
Mountain Warfare Training Center, Naval Air
Facility-Seeley, Nor*_h Island Naval Air Station, Vandenberg
AFB.
______ ____
LAB00882-002 01/01/2010
Rates
Asbestos Removal Laborer.........$ 26.15
14.25
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaf Folding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LAB01189-001 07/01/2009
Rates Fringes
Laborers: (riORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer.. .$ 27.05 10.40
(2) Vehicle Operator/Hauler .$ 27.22 10.40
(3) Horizontal Directional
Drill Operator ............. .$ 29.07 10.40
(9) Electronic Tracking
Locator .................... .$ .31.07 10.40
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 .................... .$ 28.50 13.56
GROUP 2 .................... .$ 29.80 13.56
GROUP 3 .................... .5 31.81 13.56
GROUP 4 .................... .$ 33.55 13.56
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery andequipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, gcide markers, other traffic
delineating devices including traffic cort rol. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, reloca*_es, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
Fringes
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb6-234 06/16/2010
Pale 18 of 22
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
PAIN0036-001 01/01/2010
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint .......:.........$ 26.05 9.41
(2) All Other Work..........$ 29.32 9.41
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries, -
commercial recreational facilities, hotels which operate
commercial establishments as part o` hotel service, and
sports facilities.
----------- -------------
PAIN0036-010 01/02/2010
Rates Fringes
DRYWALL FINISHER/TAPER
(1) Building & Heavy
Construction ................$ 29.19 12.19
(2) Residential
Construction (Wood frame
apartments, single family
homes and multi-duplexes
up to and including four
stories) ....................$ 18.00 7.97
------------- ---------
PAIN0036-012 C1/01/2010
Rates Fringes
GLAZIER ..........................$ 36.55 14.87
---------------------------------------------------------
PAIN0036-019 02/01/2009
Rates Fringes
SOFT FLOOR LAYER .................$ 26.77 11.75
---------------------------------------------------------
PLA50200-005 08/05/2009
Rates Fringes
PLASTERER ........................$ 35.41 9.88
NORTH ISLAND NAVAL AIR STATION, COLORADO NP.VAL AMPHIBIOUS
BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional
per hour.
- ------- -----------------------
PLASO500-001 06/26/2009
Rates Fringes
CEMENT MASON/CONCRETE FINISHER
GROUP 1 .................... .$ 26.92 8. 70
GROUP 2 .................... .$ 28.07 8. 70
GROUP 3 .................... .$ 30.75 B. 10
6-235
http://www.wdol. gov/wdol/scafiles/dav isbacon/CA l .dvb
0 611 6/2 0 1 0
Page 19 of 22
CEMENT MASONS - work inside the building line, meeting the
following criteria:
GROUP 1: Residential wood frame project of any size; work
classified as Type III, IV or Type V construction;
interior tenant improvement work regardless the size o£ the
project; any wood frame project of four stories or less.
GROUP 2: Work classified as type I and II construction
GROUP 3: All other work
----------------------------
PLUM0016-006 07/01/2009
Rates Fringes
PLUMBER, PIPEFITTER;
STEAMFITTER
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work ....................... .$ 28.84 14.47
(2) Work on new additions
and remodeling of
commercial buildings,
bars, restaurants, and
stores not to exceed 5,000
sq. ft. of floor space..... .$ 35.97 15.86
(3) All other work......... .$ 37.10 16.84
(4) Camp Pendleton.........
--------------------------- .$ 41.60 16.84
-----
PLUM0016-011 07/01/2009 -- ----------- ---------------
Rates Fringes
PLUMBER/PIPEFITTER
Residential ................
------- ----- .$ 29.97 12.91
-------
PLUM0395-001 07/01/2009 -- ----------- -- ------
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter .$ 26.70 13.89
Sewer & Storm Drain Work... .$ 25.18 15.67
ROOF0045-001 08/01/2009
Rates Fringes
ROO FF R ...........................$ 23.63 6.50
_________________________ ___________________
SFCA0669-001 01/01/2009
Rates Fringes
SPRINKLER FITTER .................$ 33.50 15.30
____________ _______ _
SHEE0206-001 01/01/2010
Rates Fringes
SHEET METAL WORKER
Camp Pendleton ..............$ 36.05 15.81
Except Camp Pendleton.......$ 34.05 15.81
6-236
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page 20 of 22
Sheet Metal Technician......$ 23.99 4,71
SHEET METAL TECHNICIAN - SCOPE:
a. Existing residential buildings, both single and
multi-family, where each unit is heated .and/or cooled by a
separate system b. New single family residential buildings
including tracts. c. New multi-family residential buildings,
not exceeding five stories of living space in height, provided
each unit is heated or cooled by a separate system. Hotels and
motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet
metal, heating and air conditioning work performed on a project
where the total construction cost, excluding land, is under
$1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to
finish interior spaces to conform to the occupants o£
commercial buildings, after completion of the building shell
TEAM0036-001 07/01/2009
Rates Fringes
Truck drivers:
GROUP L ......... ............$ 19.90 18.30
GROUP 2 ......... ............$ 29.49 18.30
GROUP 3 ......... ............$ 24.69 18.30
GROUP 4 ......... ............$ 24.89 18.30
GROUP 5 ......... ............$ 25.09 18.30
GROUP 6 ......... ............$ 25.59 18.30
GROUP 7 ......... ............$ 27.09 18.30
FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat
certification is required, shall be paid, in addition to
the classification working in, as follows: Levels A, B and
C - +$1.00 per hour. Workers shall be paid hazmat pay in
increments of four (9) and eight (8) hours.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Fuel Man, Swamper
GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed,Concrete Pumping
Truck, Industrial Lift Truck, Motorized Traffic Control,
Pickup Truck on Jobsite
GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat
Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5
yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline
work Truck Driver, Road Oil Spreader, Cement Distributor or
Slurry Driver, Bootman, Ross Carrier
GROUP 9: Off-road Dump Truck under 35 tons 9-axles but less
than 7-axles, Low-Bed Truck & Trailer, Transit Mix Trucks
under 8 yd, 3-axle Water Truck, Erosion Control Driver,
Grout Mixer Truck, Dump Crete 6.Syd and over, Dumpster
Trucks, DW 10, DW 20 and over, .Fuel Truck and Dynamite,
Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch
Truck
GROUP 5: O£f-road Dump Truck 35 tons and over, 7-axles or
more, Transit Mix Trucks 6 yd and over, A-Frame Truck,
Swedish Cranes
GROUP 6: Of£-Road Special Equipment (including but not
limited to Water Pu11 Tankers, Athey Wagons, DJB, B70
Wuclids or like Equipment)
6-237
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb
06/16/2010
Page 21 of 22
GROUP 7: Repairman
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
---------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29C FR 5.5 (a) (1) (ii)1.
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.6 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
6-238
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb 06/16/2010
Pale 22 of 22
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Bcard (formerly the Wage Appeals Board). Write to:
Administrative Review Board
O.S. Department of Labor
200 Cons *_itution Avenue, N.W.
Washington, DC X210
4.) All decisions by the Administrative Review Board are final .
END OF GENERAL DECISION
6-239
http://www.wdol.gov/wdol/scafiles/davisbacon/CAI .dvb 06/16/2010
EXHIBIT C
40
6-240
PROPOSAL TO PROVIDE DESIGN BUILD SERVICES FOR THE
DESIGN AND CONSTRUCTION OF MUNICIPAL STREET LIGHT RETROFIT
PROJECT
Prepared for:
The City of Chula Vista
~~~~
~~~~~
u~ici~~l Street Lighting
fZetr®fit ~r®~ect
Presented by:
Southern Contracting Company
`~F~~F£91~m
r
'9 1441
"~NICA~~
Date Prepared
January 19, 2010
6-241
~~,YGINFFPi
C~ EST. C
9
lF 1963 ~"
~RILaI~
~~~ eQ~'GY~WCiWr'~ co~iaotry LIC N0.222262
559 Twin Oaks Valley Road P.O. Box 445 San Marcos, CA 92079
Phone 760-744-0760 Fax 760-744-fi475
January 19, 2010
Mr. Gordon Day
Building Project Manager
City of Chula Vista
Public Services Building 200
276 Fourth Avenue
Chula Vista, California 91910
Public Works Department, Engineering Building
Subject -Proposal to Provide Design Build Services for the Design and
Construction of Induction Street Lights for the City of Chula Vista
Dear. Mr. Day,
Please find enclosed the attached proposal for your consideration for design-
buildservices for the City of Chula Vista. We have taken great care to
address every requirement in the request for proposal. Please note we have
no outstanding claims or litigation on any current projects.
This induction street lighting retrofit project creates several opportunities
for Chula Vista including:
1. Utilizing local supplier to accrue sales tax benefits to Chula Vista, a
$20,000 benefit not factored into our quotation but a real and tangible
benefit to Chula Vista. This is discussed in greater detail in the
attached Executive Summary,
2. Integrating the design-build project with our in-place solar
Photovoltaic Design-Build Team resulting in a more efficient project
with shorter lines of communication. This also affords Chula Vista to
add this project as a Change Order to the in-place contract, reducing
Chula Vista's direct contract negotiation and administrative costs.
Please refer to Section 6, Commercial Proposal for mare details.
We currently have five street light crews immediately available to start
installation once the appropriate fixtures are selected and approved by Chula
Vista. Based on our calculated installation rate, we estimate this project
should take no more than 120-150 days to complete. Because we draw from
IBEW Local 569, we are able to add addition, well-trained 2-man crews with
6-242
about one week notice, thus providing Chula Vista with the ability to
accelerate this proposed schedule at no extra cost.
Southern Contracting has the ability to enter into a contract with the City of
Chula Vista and the ability to avoid conflicts of interest on any project, public
or private.
I look forward to hearing from Chula Vista and am prepared to negotiate the
design-build contract on behalf of Southern Contracting. Please contact me
at any time should you have any questions during the evaluation period.
Sincerely,
~~:~~ Ti ~
Timothy McBride
President, CEO
Southern Contracting Company
Ushering in the Post Carbon Era
6-243
PROPOSAL TO PROVIDE DESIGN BUILD SERVICES FOR THE
DESIGN AND CONSTRUCTION OF MUNICIPAL STREET LIGHT RETROFIT
PROJECT
Prepared for:
The City of Chula Vista
Municipal Street Lighting
Retrofit Project
Presented by:
Southern Contracting Company
Eesix~E
,fE,tva3_ ~•
Date Prepared
January i9, 2010
6-244
`~ ~ ~ 1~l~~i~ipal Street Li~l~tin~
s
ff~~~t~~. lQetr®f~t Pr~,yect
~i1~1~ O~ COlfi~elltS
EXECUTIVE SUMMARY 1
Section 1
PROJECT DEVELOPMENT PROCESS 4
Section 2
SUMMARY OF QUALIFICATIONS
Section 3
DESIGN BUILD ORGANIZATION
Section 4
KEY PERSONNEL
5
7
8
Section 5
DETAILED DESIGN BUILD EXPERIENCE 10
Section 6
COMMERCIAL PROPOSAL 15
APPENDIX 16
ie~Page Table of Contents
6-245
l~~u~ici,~a/ Str~~t Lir~,~tirrdr~
`~`~;~,~~` Retrofit Pr®j~~#~
Request for Qualifications Requirerr~er~ts Checklist
1. Letter of Interest
• Cover transmittal letter
2. Understanding the Project Development Process
• Section 1, Project Development Process, Page 4
3. Organization Chart for Project Team
• Section 3, Design Build Organization, Page 7
4. Design Build Fee Structure
• Section 6, Commercial Proposal, Page 15
5. Resumes of Key Design Build Members
• Section 4, Key Personnel, Page 8
• Appendix A
6. Detailed Design Build Experience
• Section 2, Summary of Qualifications, Page 5
• Section 5, Detailed Design Build Experience, Page 10
7. Streetlight Experience
• Section 5, Detailed Design-Build Experience, Page 14
8. Client References
• Otay River Project, City of San Diego, Page 12
• Colorado River Authority, Metropolitan Water District, Page 12
• Ormond Beach, Reliant Energy, Page 13
9. Insurance Certification
• Appendix C
10. Other Requirements
• GIS Mapping Layer, Executive Summary, Page 3
• Surety Bondability Letter in lieu of Financial Statements, Appendix C
iii ~ Page
Table of Contents
6-246
~~~~~
~ ~ ~~~ l~a~r~icip~l ~tr~~t L.i~htinr~
lF. T967 '~' Rebr~~®~ ~r~~irLi
~ICAL~
~X~CUt1VE' SiIY~Y~idT~7
Overvieo~
The City of Chula Vista ("Chula Vista") continues to expand its regional leadership role in
reducing its carbon footprint and utility energy bills through the implementation of its
municipal streetlight retrofit project. Though this project is straight forward and Chula Vista
has developed a preliminary specification to replace approximately 4,600 street lights with
induction street lights, there are still several challenges facing the city, including final
selection of the best performing lighting kit(s) that, when energy savings are calculated,
result in the lowest cost of ownership as measured by simple payback.
Southern Contracting has been assisting municipal and private sector clients install street
lighting systems for over 20 years. In fact, we currently provide street light replacement
crews to SDG&E as part of our Master Services Agreement and have been providing these
services far over 10 years. As a result, we have a highly productive installation crew ready
to hit the ground running on this project.
Execution Approach
Design Phase
Though this is a design-build project, Chula Vista has already identified that it will be
replacing existing HPS fixtures with new, 100,000 hour life induction street lights and
specified certain products, including GE M-250 Luminaires and Phillips QL Induction System,
or equal. This preliminary bid specification has been established by Nate Mullen Visual
Concepts (Mullen), the lighting consultant retained by Chula Vista. Southern proposes to
work closely with Mullen during the design phase to identify and either confirm the use of
the above components or recommend an equal substitute that may offer a better value. For
the purposes of competitive pricing, Southern is quoting the replacement with the above GE
and Phillips components.
Procurement and Installation
There are several factors, among others, that will materially impact the payback calculation,
including:
1. Labor cast /productivity
2, SDG&E Product Rebates
3. Old Street Light Disposal
1~Page
Executive Summary
6-247
. l'~~r~icip~l S#re~~ iig~tin~
-f~;~~ ~ R~~rafit Pr®j=~ct
Labor Cost /Productivity -Next to the actual cost of the induction lighting fixtures, the
greatest cost risk exposure to this project will be the installation labor. Southern addresses
this risk in two ways:
1. Firm Fixed Labor Installation Price, regardless of the selected light system, Our
quote is presented in Section 6, Commercial Proposal. This is based on the
identified 4,600 light fixtures targeted for replacement.
2. Labor Productivity, and its impact on labor cost, is inherently included in our fixed
labor quote. Should Chula Vista decide to increase or reduce the number of fixtures,
we are prepared to adjust our labor quote to reflect a precise fixture count. The
Unit Price Adjustment is also presented in Section 6. As mentioned above, we own
our own equipment and have several highly experienced street light crews ready to
start work once lighting fixtures are delivered.
SDG&E Product Rebates will factor directly into the Simple Payback calculation that
Chula Vista used to apply for the CEC 3% interest loan. This loan requires that the payback
period be kept less than 11 years. We have confirmed the applicable rebate to apply to
this project. This rebate is presented with our quote in Section 6.
Old Street Light Disposal is another value-added service Southern may be able to offer
Chula Vista. On past street light replacement projects for other municipalities, we have
been able to sell any usable street light in Mexico through our NECA affiliate, ARS
Proyectos. We have been able to obtain credits for past clients ranging from $10 to $30
per fxture. We will aggressively explore this opportunity on behalf of Chula Vista during
the design phase and apply the net value this benefit to Chula Vista, recovering only
nominal administrative, handling and shipping fees.
In our base quotation, we have provided for packaging and disposal of the old light fixtures
to an approved hazardous disposal facility. In the event we are able to sell these through
our business partner in Mexico we will credit this disposal shipping and packaging fee back
to Chula Vista. The commercial details of this credit are presented in Section 6,
Commercial Proposal.
GIS Mapping Layer
Chula Vista has identified the need for the selected Contractor to provide a GIS Mapping
Layer for the newly installed streetlights. We are familiar with the SanGIS system which
provides a GIS layer for streetlights for the City and County of San Diego. In this system,
the mapping system/database requires a brief coded description of the asset (streetlight)
and its GIS coordinates. We will record this data as the fixtures are installed and provide
this information to Chula Vista for input into its GIS database. In the event Chula Vista
2~Page
Executive Summary
6-248
ENfi1NF
~,T~y° ~A~~ri~i~~l St~ee~ ~i~~ti~~
```'~area~c~`" l4etrofit Praj~~t
does not have such as system, the SanGIS system is available for other cities to join and
utilize for similar purposes.
The Southern Design-Build Team
We propose to incorporate this street light replacement project within our existing design
build team structure currently in place on the Solar Photovoltaic Design Build Project. Since
the design process is rather limited and straight forward, we propose to integrate Mullen
directly into our overall plan as we have significant street light experience. This will keep
the overall cost down to Chula Vista and is reflected in our quote. We will only utilize the
service of Engineering Partners, Inc. where and when appropriate.
Technical Approach
We are proposing to provide the specified GE luminaires and Phillips induction light fixtures
in our firm, fixed quotation. The specification brochures are presented in Appendix D,
Product Brochures. Of particular note, the design specification called for the light fixture to
provide a photoelectric receptacle, not a photoelectric control. However, this particular
model will only work with photoelectric sensor control. Anew photoelectric control device is
included with our quotation. No bird spikes are included as they are not required per a
written response received from Chula Vista clarifying this requirement.
Local Procurement -Tax Benefit to Chula Vista
We are proposing to supply the quoted light fixtures through California Electric Supply (CES)
located at 1011 Bay Blvd, Chula Vista. We will work closely with CES to deliver and stage
the light fixtures according to our installation plan, eliminating the need for special
warehousing. and shipping. In addition this step will assure that all sales taxes will accrue to
the benefit of Chula Vista.
SUmmarjr
Southern has swell-oiled team to execute this project. By combining our team approach
with Chula Vista's consultant, Nate Mullen Visual Concepts, we have produced a highly
competitive proposal presented here. Furthermore, by integrating this project with our in-
place Solar Photovoltaic Design-Build Team, the overall project cost should be kept to a
minimum, providing Chula Vista the opportunity to add this project as a change order to the
in-place contract as general terms and conditions have already been negotiated. Also, lines
of communication and overall coordination should be simplified for the benefit of Chula
Vista.
3~Page
Executive Summary
6-249
~~~'NS~~''~m
f~~~f~cf~af St~~~~ Ligf~t,~~g
'F~;~~~~' R~t~®~i~ Per®~~~~
Se~~i~~ 1
P~o~EC~' DE~1E~.®~1~El~i'I' PROCESS
Overview
This project poses a special challenge in that Chula Vista has already retained the services
of Mullen to assist with preliminary performance specifications and product selection. We
propose to work closely with Mullen to finalize product selection, providing Mullen the
information they will need to confirm the Simple Payback method which forms the basis for
the CEC loan. The x-factors here have been identified above and include a firm fixture
count, applying the correct SDG&E rebate, and obtaining a credit for the used lighting
fixtures for the benefit of Chula Vista. From a technical perspective, the typical 60%, 90%,
100% design review process should be able to be reduced to just a 90% review and final
approval of the selected luminaires and lighting systems. This is more a procurement effort
than a lighting design effort as Mullen as already assisted Chula Vista develop the proposal
specifications that form basis of our quotation.
iNarranty and Maintenance Support
Southern's normal warranty includes manufacturer's equipment warranty, typically 30 days
to one year, depending on the product, and our standard one year labor installation
workmanship warranty. As part of the RFP specification we are prepared to follow up eleven
months after system turnover to handle any warranty and/or product defect issues to
protect Chula Vista's warranties and product guarantees. This step will assure Chula Vista
that Southern's 1-year labor warranty may be utilized to keep costs to a bare minimum.
The manufacturers' warranties will be passed directly along to Chula Vista and provide 10-
year protection guaranteeing the 100,000 hour expected life.
_.
4~Page Project Development Process
6-250
~Eiti6iNi~gi y
gr. yc ~~I~/C1~7c"3~ Str~e~~ L®gllt~rv~
s
h
$eCtl®Ti ~
SU1vI14/IARY OF (~iJAI.IFIG.~TIONS
Overview
Southern Energy Team has significant experience in all facets of design-build project
execution. We specialize in the design-build project delivery system. Our team provides
expert planning and implementation of cost-effective, intuitive designs to meet a variety of
client needs such as:
• Value Engineering
o ROI vs. Life Cycle Cost
o Constructability
o Maintainability
• Constr uction Management
o Project Safety
o Quality Assurance and
Control
o Subcontract Administration
and Control
o Quality Assurance and
Control
• Design
o Auto CAD
• Cost and Scheduling
o Primavera Scheduling or
Microsoft Project for CPM
network schedules
o Expedition for document
control and change
management
o Estimating and Budgeting
• Procurement
o Major equipment, lighting
systems
o Field Materials
Electrical Construction Capabilities
Southern Contracting offers depth and experience in multiple capacities such as: variable
frequency drives; motor control centers; high, medium and low voltage switch gear;
process logic control panels; instrumentation; SCADA; fiber optics; communication and
data; UPS systems; lighting; building automation; security systems, CCTV, Access controls,
fire alarm; photovoltaic systems; low, medium, high voltage splicing and testing for the
fallowing:
• Street Lighting Systems
• Solar Photovoltaic Installation
• Distributed Generation / Co-
Generation
• Power Generation
• Co-Generation Facilities Water
Filtration Systems
• Site Distribution Systems
5~Page
Summary of Qualifications
6-251
~Eas~orf~/y
>~
Ip 1953~~
`~aicacv~
l~9iu~ici,~ai St~+~~t Lighting
• Energy Management /Power
quality
• Transmission
• Underground Distribution
• Overhead Distribution
• Pump Stations
• Sewage Treatment Plants
• Hydro-Electric
• Micro-Turbine Facilities
• Desalinization Facilities
• Facility Power Lighting
• Substations
• Military Installations
• Lighting Maintenance and Retrofits
• Line Clearance /Tree Trimming
• Communications /Data (External)
• Street Lighting
• Traffic Controls
• 20 A and 20 B Overhead to
Underground Conversions
• Conduit and Substructure
Construction
• Directional Boring
• Cable Replacement
• Commercial and Residential
Service Conversions
• Above Grade and Below Grade
Substation Site Preparation
• Marine Ship to Shore Power
Systems Substations
From small jobs to large complex projects, Southern Contracting is capable of meeting our
clients' specifications and performance goals.
6~Page
__
Summary of Qualifications
6-252
.~p61Hg~
~: ~~ ll'~Il~r~i~cip~l St~~~t Lig~a#~ir~~
'f~1ea~~~ Re~t~-afit Pra,~iect
Section ~
DESIGN-DUILD ORGANIZATION
Overview
As described above, we are proposing to integrate Mullen into our overall project approach
to take advantage of their expertise and familiarity with the project. We also propose to
integrate this project with our existing solar photovoltaic design-build team. The project
organization is proposed as follows:
Project
7~Page
Key Personnel
6-253
Organization
EN6+~F9i
~` ~ y~ l~a~~a~ci~al St~~~t L.i~~iti~a~
s p~ 9 9~}~ ~+¢
!F i9b7 a~~~l ~~I~ i~/ V~~YL
/CAt
SeC'~10~1 ~
I~EY PERSONNEL
Overview
Described below are the key personnel we propose for the Southern Energy Team. Detailed
resumes are presented in Appendix C.
• James Filanc, Program Manager
• Steve Fisher, Project Manager, Chief Estimator
• Pat Baker, Safety and Quality
• Eric Mueller, Superintendent
James Filanc
Project (Program) Manager
Southern Contracting will be led by Mr. James Filanc. Mr. Filanc has more than 30 year's
industry experience as a project manager, cost and schedule engineer, and systems
developer. He has designed and implemented complex technology solutions for major
international companies, including CF Braun, Brown and Root and Jacobs Engineering. He
has managed budgets in excess of $400 million and is well versed in all facets in all areas of
professional project management. He is currently responsible as Project Manager on Chula
Vista's Solar Design-Build Project.
Steve Fisher
Project Manager
Mr. Filanc will be supported by Mr. Steve Fisher. With over 40 years of electrical and
general construction experience, Mr. Fisher will oversee the design, procurement and
installation of the induction lighting fixtures. He has been the Project Manager on numerous
public works projects street lighting projects, including an on-going streetlight replacement
program for SDG&E. Mr. Fisher is also responsible for all street lighting estimates and cost
control for Southern and will ably assist with Chula Vista's street light retrofit project.
8~Page
Key Personnel
6-254
~ENfS[f~'y~+.
~r~~aec~~al St~-~et Li~l~tie~~
~~rat~~ R~tT®fft d®~'a~~~t
Pat Baker
Safety and Quality Manager
Southern will also be supported by Mr. Pat Baker, Southern's Safety Director. Mr. Baker has
built a working relationship with the superintendents, foremen, and crews, instilling safe
practices and awareness. Over the past 5 years our employees have developed a solid
safety mind set, with the company's overall safety record improving every year. In 2007,
Southern was recognized as one of the top five safest electrical contractors in the United
States. The employees and Safety Director work to hand in hand to make sure that the
employees have all the safety equipment and training needed to do the job correctly and
safely.
Eric Mueller
Superintendent
As General Superintendent, General Foreman, Journeyman Equipment Operator and Labor
Mr. Mueller has over 31 years of direct relevant project experience in the construction of
Joint Trench Utilities and street light installation projects.
As a General Superintendent Mr. Mueller's responsibilities include: overall project safety
compliance; quality control compliance; owner/designer/contractor relations; project
coordination and progress meetings; labor and equipment resource planning and allocation;
subcontractor scheduling; equipment installation and maintenance; technical and
administrative oversight of subcontractors; Joint Trench Utility and Street Light projects.
Mr. Mueller has substantial superintendent experience in the field of joint trench utilities
construction and street lighting projects. Typical projects that Mr. Mueller has supervised
include: Streetlight projects, Overhead to Underground Conversions projects for Utility
Companies, Developer Dry Utility Installations for a majority of California Developers.
Oversight of public and private streetlight systems, supervision of the installation of Gas
Distribution Systems on military and utility properties.
The resumes of Southern's team members are shown in Appendix A.
9~Page
Key Personnel
6-255
~E~fSttfq'ym
l®~~aaec(op.}>~/'~~ Sg~tr~~+e#,~ Li~if~ti.~~
'R'lEal
SeCtl®11 rJ ~~$
DE'I'AILEI) DESIGN-BIJILD EXPEDIENCE ' 'm4~
Overview
Southern has been executing design-build projects for more than 30 years. Starting with
Project Housing on Camp Pendleton in 1977, Southern executed the work as a design-build
project for power distribution around base housing, electrifying more than 200 housing
units. Southern's most relevant design-build experience has been in partnership with
Engineering Partners, Inc. (EPI). The following projects were pertormed as design-build,
with the * ones performed with EPI.
• Otay River Pump Station*
• CRA Aqueduct Project*
• Substation C
• 29 Palms Media Transmission
• Ormond Beach
• Camp Pendleton LCAC Project
• Olivenhain-Hodges Pump Station
At the end of this section is a detailed listing of our streetlight experience. Our past
performance for the last three years and current experience can be found in Appendix 8.
Otay River Pump Station, City of San Diego
For this design-build project, completed in July, 2003, Southern furnished labor, materials,
equipment and supervision required for the electrical and instrumentation construction work
complete for the Otay River Pump Station/South Metro Interceptor Sewage Lift Station
CORPS) as described below:
• Performed final electrical connections to
J. R. Filanc Construction Company (JRF)
furnished equipment; i.e. electric
pumps/motors, electric operated valves,
electric operated sluice gate, pump seal
water systems, sump pump systems,
hoists, odor control systems, ventilation
fans, and air conditioners for the ORPS.
• Performed all necessary and incidental electrical and instrumentation work for the
ORPS including furnishing; SDG&E main service equipment, main switchboard,
_ __ _. _
10 ~ Page Detailed Design Build Experience
6-256
~~~~~''~
~f. 1963~t' /5~i.! iO ~iL ~O ~~~ir {.
'~A/CAt
automatic transfer switch, motor control center, variable frequency drives, engine-
generator system, gas monitoring system, pump/motor vibration & temperature
monitoring system, pressure switches, wet-well level instruments, ORPS control
system panel, Westinghouse DCS Integration.
• Performed the electrical and instrumentation work for the duplex pumping system
provided as a Temporary Pump Station (2-25hp) constructed by JRF to bypass the
ORPS structure. JRF will furnish; electric pumps/motors and a duplex pumping
system controller.
THE DIVERSION STRUCTURE
• Furnished all labor, materials,
equipment and supervision required
for the electrical and instrumentation
work complete for the Diversion
Structure as described below:
• Performed final electrical connections
to ]RF furnished equipment; i.e.
electric operated sluice gates. SCC
will perform all necessary and incidental electrical and instrumentation work for the
Diversion Structure including furnishing; SDG&E main service equipment, Diversion
Structure control system panel, Fiber Optic System to ORPS, Westinghouse DCS
Integration.
FIBER OPTIC SYSTEM TO GROVE AVENUE PUMP STATION
• Furnished all labor, materials, equipment and supervision required for the Fiber Optic
System to the Grove Avenue Pump Station.
• Coordinated installation of the Fiber Optic System conduit in the pipeline right-of-
way during Erreca's pipeline work activity. Erreca's will provide all traffic control
labor, equipment and materials for SCC's work activity. Furnish trench excavation,
slurry backfill, pull boxes and fiber optic system materials. Erreca's will haul all
excess trench excavation spoils made by SCC.
11 ~ Page Detailed Design Build Experience
6-257
~.~Y6~7kfq
FY s^r. ~r
lp T963 ~Y
~%acas~"
Reference:
i'~I~>ni~ipal Str~~~ Ligh~ir~~
P~etr~~'it ~r®,~~~~
HDR Engineering, Inc.
AI Binsfieid
9444 Farnham Street, Suite 300
San Diego, CA 92123-1300
Phone (858)712-8400
Fax (858)715-8333
abinsfie@hdrinc.com
CRA Aqueduct
This design-build project, in partnership with EPi,
valued at $9.2 million for Southern, consisted of the
following: Removal and disposal of existing nine 230kV
and ten 69kV oil circuit breakers with associated power
cables, control cables, and breaker appurtenances at ail
five pumping plants; furnishing, installing and
commissioning of new eight 230kV and four 69kV SF6
gas insulated circuit breakers including station power cables,
line connections, equipment anchorage, and design drawings necessary to complete the
installation of circuit breakers at all five pumping plants; replacing existing Peddler 34.SkV
1000kVA Substation with a complete new substation including structural steel supports and
foundations at Gene Pumping Plant; replacing three hundred (300) instrument transformers
for existing 6.9kV switches in pump switching house at all pumping plants; designing and
installing of 15 VFDs for head gate motor controls at
all five pumping plants; and complete head gate
mechanical refurbishing work completed by a
subcontractor at all pumping plants. Project also
included disposal of total 148,000 gallons of PCB
contaminated oil removed from 230kV and 69kV
circuit breakers to be demolished. Work was
completed in April, 2004.
Reference:
David Yanez, Metropolitan Water District
(951) 992-8539
12(Page Detailed Design Build Experience
6-258
CB control cables, overhead
~``~~NESLf £~~m
~E/;.~T963 Vii'
"h'ICAI~
Ormond Beach
,}~®®~rg~~~~i)~a/~~ Street Li~fat6r~r~
PS ~i t9 ®~/t r~®~~Ct
Southern design-built this $560K project with
design assistance by EPI, providing new 66kV
transmission line while replacing old underground
feeder in the generating plant. Project scope of
work included designing of transmission line;
concrete pile driving, concrete foundations,
furnishing and installation of structural steel
towers, installation of ACSR cable with disconnect
switches, cable tray system, and installation of
Kerite cables with terminations. Work was completed in March, 2007.
Reference:
Matt Haskell, Reliant Energy (Owner)
(805)207-5985
Olivenhain Hodges Pump Station (Underway)
This project, valued at $6.8 million to Southern, consists of a pump station, and 69kV
switchyard. The switchyard, executed as a Design-Build Project by Southern Contracting,
will tie into the exiting 69kV switchyard owned and operated by SDG&E.
• Other key project components installed
by Southern Contracting include:
• 12kVa Switchgear
• Bus Duct
• Two (2) 25 mVa transformers
• Fire Alarm
• Security System
• Area Lighting
• Balance of plant electrical components
Reference:
13 ~ Page Detailed Design Build Experience
6-259
l~l~rr~i~ipa! Street Li~latir~g
'~';~~`~' Retrafit Pr+Dje~t
Unique Challenge Met
The key challenge with this project has been excavating a deep pit where the pump station
will be housed below the bottom of the lake, allowing for pump station to efficiently draw
water as required. A temporary coffer dam was built to allow construction and blasting to
proceed, and allow for underground tunneling to be performed tying into the outfall
structure erected in the middle of the lake.
Streetlight Experience
Below is a listing Southern's extensive streetlight experience:
PROJECT REFERENCES: Southern Contracting Company
LIGHTING 559 N. Twin Oaks Valley Rd
San Marcos, CA 92069
(760) 744-0760 Phone (760) 744-6475
Contract: 6360011474
Project Title: Master Service Agreement
Job I.D. # N/A
Year Completed On-Going
Location: San Diego, CA
Contract Price: 2,054,003.00
Owner: San Diego Gas & Electric
Point of Contact: Kim Taylor (858) 654-8619
8315 Century Park Ct.
San Diego, CA 92123
Contract: N/A
Project Title: Conduit Dry Utilities, St. Light Studio 15
Job I.D. # 95822
Year Completed: 2008
Location: San Diego, CA
Contract Price: 124,735.00
Owner: Studio Housing Partners, LP
Point of Contact: Allgire General Constructors, Inc.
David Whitehead (760) 477-8455
3278 Grey Hawk Court
Carlsbad, CA 92008
14~Page Detailed Design Build Experience
6-260
~.~~~Fey
~~ ~
1~. 79b3~''
~R1CAl~
Contract:
Project Title:
Job I.D. #
Year Completed:
Location:
Contract Price:
Owner:
Point of Contact:
Contract:
Project Title:
Job I.D. #
Year Completed:
Location:
Contract Price:
Owner:
Point of Contact:
1~9t~nicipal Stre~~ Li~3~tir~~
l°z~'Yrtlfl~ ~r®,~~L~'
TOVR-13
Dry Utilities, Street Lights, So. Twin Oaks Valley Rd.
95192
2007
San Marcos, CA
772,278.00
San Elijo Hills Construction Company
Leon Hayden (760)918-8200
1903 Wright Place, Ste. 220
Carlsbad, CA 92008
N/A
Whispering Hills Tr. #15571, Dry Utilities, St. Lights
94962, 3 & 94692
2007
San Juan Capistrano, CA
1,296,000.00
Whispering Hills LLC (949)
Dennis Gage
19700 Fairchild Road, Ste.
833-1100
120, Irvine CA 92612
Contract: 105041
Project Title: San Elijo Hills Phase 3 & 5, Dry Utilities, Street Lights
Job I.D. # 94652, 3, 5
Year Completed: 2006
Location: San Marcos, CA
Contrail Price: 2,182,861.00
Owner: San Elijo Hills Construction Company (760) 918-8200
Point of Contact: Leon Hayden
1903 Wright Place, Ste. 220, Carlsbad CA 92008
Contract: EHCC No. 2522
Projeil Title: Balifield Lighting and Power Upgrade
Job I.D. # 94281
Year Completed: 2006
Location: San Diego
Contract Price: $1,218,243.00
Owner: Grossmant Union High School District
Point of Contact: Erickson Hali Construction Mindi Chent (619) 461-1322
Contract # N/A
Project Title: Escala-Mission City North, Dry Utilities, Street Lights
Job I.D. # 92722
Year Completed: 2005
Location: San Diego, CA
Contrail Price: $584,329.25
Owner: Horton/Continental Residential, Inc., Tony Occhino (760) 931-1980
Point of Contact: J.T. Kruer, Chuck Knight (858) 756-7320
18754 Aliso Canyon Rd, Rancho Santa Fe, CA 92067
15 ~ Page Commercial Proposal
6-261
-EN6INEE,~~
~' gr.
t'f~t9fi3 i'
!°'•YICAI~
Contract #
Project Title:
Job I.D. #
Year Completed
Location:
Contract Price:
owner:
Point of Contact
Contract #
Project Title:
Job I.D. #
Year Completed:
Location:
Contract Price:
Owner:
Point of Contact:
Contract:
Project Title:
Job I.D. #
Location:
Contract Price:
Owner:
Point of Contact:
Contract #
Project Title:
Job I.D. #
Location
Contract Price:
Owner:
Point of Contact:
Contract #
Project Title:
Job I.D. #
Location:
Contract Price:
Owner:
Point of Contact
Contract #
Project Title:
Job I.D. #
Location:
Contract Price:
Owner:
16~Page
!/''~~~icdi~j.~/'9~ St~e~t d.~~/a~i~~
50292831-OL
Terracing, Spruce Canyon Outdoor Lighting
92503
2004
San Diego
$50,000.00
Greystone Homes
Matthew Howe (760) 804-7700
N/A
Repair, Replace, Install New Street Lights
92443,92453
2003
Oceanside, Various Locations
$11,106.00
City of Oceanside
Steve Elliott (760) 435-5067
008081
Torrey Pines 9A, Vista Sorrento Parkway
90793
San Diego
$8,600
Westbrook Torrey Hills, LP
Erreca's, Attn: Max Frazier (619) 390-6400
N/A
Repair Ball Field
90631
Oceanside
$7,239.95
City of Oceanside
Alan McNeil (760)
Lights
435-4500
N/A
San Diego Spectrum Outdoor Lights
90161
San Diego
$275,000.00
LNR Kearny Mesa, Inc.
J.T. Kruer & Assoc., Attn: Rod Chilcote
100023
San Elijo
89733
San Marcos
$350,000.00
San Elijo
Hills Town Center Lighting
(858)756-7320
Hills Development Co.
Commercial Proposal
6-262
`~~ Eqy~
,.
!p T96J ~~
/CaIV~
$~C$1flI1 6
~I~~i~si~a/'.i~ S~~e2t Li~i3ti~~
~i~~~~1 ~~ r~+~~~~t
Design-Build Fee Structure
Firm, Fixed Price
Southern is proposing to perform and complete the installation of 4,600 street light fixtures
project for a firm, fixed price of $$2,082,571.00. This includes all scope items defined in
Chula Vista's Request For Proposal and is broken down as follows:
Item Price to Chula Vista
Base Firm Fixed Quotation $2,082,571.00
Less: SDG&E Product Incentive Rebate -$43,108.00
Adjusted Cost to Chula Vista $2,039,463.00
Should the number of street light fixtures deviate from this 4,600 fixtures, the above price
will be adjusted up or down by $452.73 per fixture.
Fixture Recycle Opportunity
Southern has recycled lighting fixtures to Mexico, obtaining a credit offset for the benefit of
our past clients. Below is an approximation of the value of this benefit Chula Vista may
enjoy should we be able to obtain a similar credit.
Dispose of Light Fixtures to Mexico
Credit for Hazardous Disposal -$5,000.00
PRojected Credit For Re-Sale to Mexico -$46,000.00
Adjusted Net Cost to Chula Vista $1,988,463.00
This recycle credit is approximate and for comparison purposes only. We will pass along the
net savings to Chula Vista once we Chula Vista approves of our proposed Mexico recycling
plan and we have found a suitable buyer.
Financial Strength and Insurability
Please find in Appendix C a copy of a Surety Bondability Letter from Travelers. This is
strong indication of the fnancial strength and health of Southern Contracting, Inc. A copy
of the insurance binder with the specified amounts is also included in Appendix C. We will
provide a full set of reviewed financial statements upon request.
17 ~ Page Commercial Proposal
6-263
E~6LYf
~~°~~ >~~~®~,~~~1 St~~~~ Li~9~ti>r~~
`f~Ta~ca~ ]~~~'PL~~It PI'IU,~~C$
L~pper~dices
o App~~a~iX A -Resumes of Ivey Personnel
o App~I1S~1X D -- Past Performance Last Three Years
and On-Going L'Jork
o AppentliX C -Financial Attachment -Financial
Statements, Surety Bondabiiity Letter and Insurance
Certificate
o Appendix D -ProductBrochures
18 ~ Page
Appendix
6-264
~,N61NFew
6T: tic
._ ~.
*"[ ~1~963' -i'
!f'h'7Cil14~~~
!~~~y~ig~T/i~,/~J.~~i]gSt~°~~re¢t Li~~tir~~
~~~f i.09 iZ ri ®~~~r`
~~lj3i'13L~~X ~
~esu~es ®~ fey Pers®r~nel
• lames Filanc, Project (Program) Manager
• Steve Fisher, Project Manager, Chief Estimator
• Pat Baker, Safety and Quality
• John Wheeler, Superintendent
19~Page
Appendix
6-265
EY611If
~`~~ '~° l~~~i~i,~a~! St~e~t Ligl~tir~g
a
%;~t~' Ret~~fit Pra,~~~t
RESUME FOR KEY PERSONNEL
E~t6lNr
Name: JAMES FILANC ax
,`. f4W ~.
Position: Project Manager ~2atvv~'
Education & Training
BS, Finance, San Diego State University
Masters Studies, CSU, Long Beach
Technical Writing, University of California Los Angeles
LEED Course Preparation, AGC, San Diego
Mr. Filanc has over 32 years of relevant in the energy, technology and healthcare industries.
He has managed budgets in excess of $400 million, and been responsible for the
development of complex, technical projects for Fluor Daniels, Brown & Root, and Jacobs
Engineering. He is also Southern's Proiect Manager on the Chula Vista Solar
Photovoltaic Design-Build Proiect For Southern Contracting, Mr. Filanc is responsible
for the energy efficiency and renewable energy market project opportunities. He has
overseen the development of energy efficiency retrofit projects, commercial solar
photovoltaic projects and wind farm control cabling projects.
Mr. Filanc currently holds the following positions:
• State of California Workforce Education and Training Taskforce, Web portal Design,
Chaired by the CPUC;
• National Electrical Contractors Association Green Technology Task Force, national
task force to promote best energy efficiency contracting practices across the United
States;
• Lawrence Berkeley National Laboratories Automated Demand Response Technical
Advisory Group member. Assist LBNL implement demand response technology
underwritten by California Energy Commission and USDOE for Waste Water and Food
Processing industries;
• CALCTP Steering Committee -oversight of workforce development training program
to develop green collar jobs around lighting automation technology. Supported by
UC Davis, SCE, SDG&E, CPUC, CEC, and PG&E.;
20~Page APPendix
6-266
aEpStYFpgi
`~ ~ ~ Nit~~~~i~~~ St~-e~t Li~O~t~n~
3:
F~ltat
• San Diego State University, Construction Management Advisory Committee to the
school of JR Filanc School of Engineering and Construction Management. Providing
green practices advice and curriculum development.
Delegate, Washington International Renewable Energy Conference. Held every two years,
this international event brings together the leading thinkers, polity makers and technologist
from around the globe to promote and develop renewable energy policy and technology
implementation. Past sessions held in Berlin, Germany, and Beijing, China
His prior experience includes:
• Project Controls Manager, Mina Abdullah Refinery Expansion, Brown & Root,
Kuwait. 1985-1987. Responsible for the home office cost and schedule team,
managing a $167 million home office budget supporting Middle East field
construction activities.
• Marketing Services Manager, Brown & Root, Western Region. 1987-1993.
Responsible developing new business, organizing project teams, establishing project
management plans, and setting up project controls systems for oil and gas projects
in Saudi Arabia, Venezuela, Texas, and Alaska.
• Marketing Services Manager, Jacobs Engineering, Western US. 1993-1997.
Responsible for supporting business development activity in the energy,
semiconductor, mining, petrochemical, and pharmaceutical industries. Organized
project teams, developed project management plans and contracting strategies.
• Vice President, Business Development, Brindersan. 1997-2000. Responsible for
overall business development of refinery, oil and gas, and commercial fueling station
work. Implemented project controls tools /systems company-wide.
• President, Care Path Informatics, 2000-2007. Built a healthcare software
company in partnership with physicians and nurses to automate the patient charting
process in emergency rooms.
• Director, Business Development and Government Affairs, Southern
Contracting Company, (2006-present). Market leader for Green Technology
implementation strategies.
21~Page APPendix
6-267
~3'E~iiT.ffg,~6'.
J~~~i~i~~1 Str~~t Li~lati~~
`~rcA~c~~' Retrofit P1'o,~~~t
RESUME FOR KEY PERSONNEL ~Ex~F~q@
Name: Steve Fisher
r 1943
~ICAI
Position: Project Manager, Director of Electrical Operations
Education & Training
US San Diego College of Extended Studies, Construction Management, Construction
Supervision
San Diego State University, Business Management, History
Construction Claims Management
National Electrical Contractors Association (NECA), Sales Methods and Project Management
U.S. Marine Corps Reserve
Mr. Fisher has over 30 years of direct relevant project experience in the design and
construction of street lighting systems, electrical power distribution systems,
data/communication systems and process control and instrumentation monitoring systems.
As Director of Utility Operations Mr. Fisher's responsibilities include: Business operations
management, project management, field crew supervision, estimating, sales, new business
development, customer relations, contract administration, bid and change order
negotiations, materials and equipment purchasing and allocation, scheduling and
coordination. Mr. Fisher works directly with the utility companies, as well as developer far
installation of joint trench backbone, industrial and residential systems to utility company
specifications. He has significant experience with traffic signal, street and highway lighting
systems. He is also experienced with Federal (U.S. Navy), state and local government
contracts. His most relevant and recent project management experience includes:
• Master Services Agreement, Streetlight Replacement and Maintenance Program. San Diego
Gas and Electric. Various sites throughout San Diego County. Year completed: On-going. ConVact
Value: $2,054,003.00
• Paradise Village PH-1, General Design and Construction for PVHR, LLC. National City, CA.
$275,000. Completed 2008.
• Streetlight Studio 15 and Conduit Dry Utilities, Studio Housing Partners, LP., San Diego, CA.
$124,0000. Completed 2008.
• San Elijo Trenching and Conduit Project, San Diego Gas and Electric. $726,000. Completed
2008.
• Dry Utilities and Street Lighting Project. San Elijo Hills Construction Company. Phase I and II.
$2.9 MM. Completed 2007.
• Whispering Hills Dry Utilities. Whispering Hills LLC. $1,296,000. Completed 2007.
• Chollas Substation UG Trench and Conduit for 69 kVa Substation. SDG&E. $644,000.
Completed 2005.
• Escala Mission City North Dry Utilities and Street Lights.. Horton Residential, Inc. $584,000.
Completed 2004.
22 ~ Pa9e APPendix
6-268
. 1~9~#~~~!~$®pp.~/~~ Stye^~y.~ Li~~s#~,i~r,~
!F_1953~'~' ~~irVIr ~9L Tr®J~LI.
"A/Gpl
RESUME FOR KEY PERSONNEL ~s~x~a
c~~4. 'ym
Name: Pat Baker '
~CAt~
Position: Safety and Quality Director
Education & Training:
OSHA 500 & 502, EM 385-1-1 Certification, NFP 70E, NUCA Excavation
Safety & Competent person training, SWPP Basic training, SWPP
Management Training, Hazardous Materials Management Certification.
Forklift Train the Trainer Certification, Flagger Train The trainer Certification.
First Aid & CPR, NFPE Electrical Safety in the Workplace Seminar, NFPE
Developing an Electrical Safety Program Seminar, Fleet Safety (Fleet
Management) Certification
As Southern's Safety Director for southern contracting Pat has built a working relationship
with the Superintendents, Foremen, Crews, the employees know what their responsibilities
are as far as safety and they know what the ramifications are if they do not follow the
safety program. Over the past 5 years our employees have developed a good solid safety
mind set. The employees and Safety Director work to hand in hand to make sure that the
employees have all the safety equipment and training they need to do the job correctly and
safely.
The Safety Director has overseen the safety of Southern's employees for Water Treatment
Plants, Sewer Treatment Plants, Water Pumping Plants, Overhead to Underground
Conversion Projects. Wildfire Restoration Projects, Private Development projects and more.
Pat is also responsible for keeping Southern Contracting up to date on regulatory changes,
new training programs, tools, and best practices, as well as Quality Control and Assurance.
Southem Contracting Experience
• 2009 - RP-1 Asset Management Items and Digester No. 6&7 Repair, Riverside, CA
• 2008 -Temecula TVRWRF MCC-11A Replacement, Temecula, CA
• 2008 -University of California Irvine Electrical Step 3 Main Campus, Irvine, CA
• 2008 - JB Latham Treatment Plant Sodium Hypochlorfite Upgrade, Orange, CA
• 2008 - RP-4 Regional Plant No. 4 Expansion to 14 MGD, San Bernardino, CA
• 2008 -San Clemente Aeration Sys Replacement, San Clemente, CA
23 ~ Page /Appendix
6-269
~~~~~Ci~
`~ ~:W~° l~ca~i~ipaa Str~~~ ~i~~tir~~
~`~a;~at~~i Retrd~fif P,~®~ect
• 2008 -Michelson WRP 2005 Phase 1 Upgrades, Orange, CA
• 2008 -Perris VRWRF Tertiary Expansion 2005, Perris, CA
• 2008 -Mid Valley Water Reclamation Plant Phase No. 4, Coachella, CA
• 2008 -Paradise Village PH1, National City, CA
• 2008 -San Elijo Hills Area "T" Phase 4, San Marcos, CA
• 2008 -Conduit Dry Utilities, Street Light Studio 5, San Diego, CA
• 2008 -San Elijo Ave 20A Trenching and Conduit Job, Encinitas, CA
24jPage
Appendix
6-270
~'~EH67.FE~'~¢~.
iy~~9~~i~i~}mil Str~~t Li~ht9~~
~~/C~LVAri~ I'i ~. t~~ ~~ i ~r~~'~. ~t
RESUME FOR ERIC MUELLER s~xrF~
Name: Eric Mueller
,r9~19G3 G
`'~PICAI~
Position: Superintendent
Education & Training
Journeyman Equipment Operator Local Union 12 -OSHA Confined Space
Entry-Competent Person; OSHA Trench Excavation and Shoring-Competent
Person; OSHA CPR and First-Aid Certification for Construction, Traffic
Control Certification.
His most relevant and recent project management experience includes:
• Master Services Agreement, Streetlight Replacement and Maintenance Program.
San Diego Gas and Electric. Various sites throughout San Diego County. Year
completed: On-going. Contract Value: $2,054,003.00
• Paradise Village PH-1, General Design and Construction for PVHR, LLC. National
City, CA. $275,000. Completed 2008.
• Streetlight Studio 15 and Conduit Dry Utilities, Studio Housing Partners, LP., San
Diego, CA. $124,0000. Completed 2008.
• San Elijo Trenching and Conduit Project, San Diego Gas and Electric. $726,000.
Completed 2008.
• Dry Utilities and Street Lighting Project. San Elijo Hills Construction Company.
Phase I and II. $2.9 MM. Completed 2007.
Whispering Hills Dry Utilities. Whispering Hills LLC. $1,296,000. Completed 2007.
• Chollas Substation UG Trench and Conduit for 69 kVa Substation. SDG&E.
$644,000. Completed 2005.
• Escala Mission City North Dry Utilities and Street Lights:. Horton Residential, Inc.
$584,000. Completed 2004.
25jPage Appendix
6-271
c~"E~ESr.~fA''%
. yg~}~~~c~~¢.a~ St~e}+a~S~ Le~~t~r~~
~"~, 1963 '~' /°C ~i $~lr~~~L f~1~®~~ir {.
App~d~(~IX B
~as~ Pe~°f®r~n~nc~ Last ~~re~ Years and
On®~oin~ W®rk
PROJECT REFERENCES: ~authem ~°antractiny E'arrrpanp
559 N. Twin Oaks Valley Rd, San Marcos, CA 92069
Ph(760)744-0760 Fax(760)744-6475
Major Projectr Completed in Last Three Years
Project Title: Miramar Energy Facility MEF-II
Job I.D. # 96661
Location: San Diego, CA
Contract Price: $1,484,123
Year Completed:2009
Engineer: Wellhead
Owner: San Diego Gas & Electric
6875 Consolidated Way
San Diego, CA 92121
General Contractor: TTSC Construction Corporation
Rudge Wynn (916) 240-8432
255 South Guild Avenue, Ste. C
Lodi, CA 95240
Project Title: Chevy Chase 968 Reservoir
Job I.D.# 95921
Location: Glendale, CA
Contract Price: $526,1 23
Year Completed:2009
Engineer: Kennedy/Jerks Consultants
Owner: City of Glendale / Glendale Water & Power
Gary Roepke (805) 890-9500
141 North Glendale Ave.
Glendale, CA 91206
General Contractor: SEMA Construction, Inc.
Tim Sarre (949] 470-0500
6 Orchard, Ste 150
Lake Forest, CA 92630
26JPage
Appendix
6-272
~~'~Kr~r. f~'~o
lF 19G3''v
~AICAC~~
1~l~r~i~i~~~ Sf~~~~ Li~~~i~~
R~~r~~~~ Project
Project Title: H.J. Mills WTP Ozone 3&4
Job I.D. # 95571
Location: Riverside, CA
Contract Price: $1,451 ,182
Year Completed:2009
Engineer: Metropolitan Water District of Southern California
Owner: Metropolitan Water District of Southern California
Louis Francuz (951) 776-2715
700 North Alameda Street
Los Angeles, CA 90012
Genera] Contractor: C.W. Roen Construction Company
Jonathon HIiora (925) 837-5501
40 Oak Court
Danville, CA 94526
Project Title: Mesquite Regional Landfill Water Distribution System
Job I.D. # 95531
Location: Brawley, CA
Contract Price: $608,0 66
Year Completed:2009
Engineer: County Sanitation District No. 2 of Los Angeles
Owner: County Sanitation Dish'ict No. 2 of Los Angeles
Stephen R Maguin
1955 Workman Mill Road
Whittier, CA 90601
General Contractor: Mingus Construction, (928) 6349556
917 Main Street
Clarkdale, AZ 86324
Project Title: IEUA - RP-1 ASSET Management Items and Digester Nos 6&7
Job I.D. # 95511
Location: Ontario, CA
Contract Price: $752,348
Year Completed:2009
Engineer: MWH Americas, Inc.
Owner: Inland Empire Utility Agency
(909)993-1600
6075 Kimball Ave., Bidg B
Chino, CA 91101
General Contractor: Denboer Engineering and Construction, Inc.
Alex Gazibay (760) 327-1949
4575 East Camino Parocela
Palm Springs, CA 92264
27jPage
Appendix
6-273
~,asisF~y
~' s:st ~m
e~~T9W i..
"~/1CSt~~
l~®®~~ai~i)p~! S~r~/~~¢t Ligl~~i,n~
~G~l~~~lL ~L~~~~i.iL
Project Title: Phase 1 -Michelson Water Reclamation Plant 2005 Upgrades
Job I.D.# 94951
Location: Irvine, CA
Contract Price: $878,510
Year Completed:2009
Engineer:
Owner:
General Contrzctor:
CH2MHILL
Irvine Ranch Water District
FofiCharnaw (949)453-0228
15600 San Canyon Ave.
Irvine, CA 92618
Gateway Pacific Constructors
Gary Bechtel
8055 Freeport Blvd.
Sacramento, CA 95832
Project Title: JB Latham Treatment Plant Sodium Hypochlorite Upgrade
Job I.D.# 95241
Location: Dana Point, CA
Contract Price: $262,8 25.00
Year Completed:2008
Engineer: Lee & Ro, Inc
Owner: South Orange County Wastewater Authority
Brian Peck (949] 234-5421
34156 Del Obispo Street
Dana Point, CA 92629
General Contractor: SS Mechanical Corporation
Myra Porter (714) 847-1317
17631 Metzler Lane
Huntington Beach, CA 92647
Project Title: Loma Alta Creek
Job I.D. # 95611
Location: Oceanside, CA
Contract Price: $395,5 16.00
Year Completed:2008
Engineer: Carollo Engineers
Owner: City of Oceanside
GussPennell(80S)505-1020
300 North Coast Highway
Oceanside, CA 92054
General Contractor: Orion Construction
Heidi Andrews (760) 597-9660
1232 Keystone Way
Vista, CA 92801
28JPage
Appendix
6-274
`~,'A61NifH
,-
~f i9aa
~~t~~
~~,~i~ip~i S~~°~et Li~~tir~~
R~'tP'ta,i'i# P1'+~j~Ct
Project Title: Encino Water Pollution Control Facility Phase V Expansion
Job I.D. # 94981
Location: Carlsbad, CA
Contract Price: $9,585 ,955.00
Year Completed:2008
Engineer: Black & Veatch
Owner: EncinaWastewaterAuthority
6200 Avenida Encinas
Cazisbad, CA
General Contractor: JR Filanc Construction Company
Arnold Wingler (760) 941-7130
740 North Andreasen Drive
Escondido, CA 92029
Project Title: Mid Valley Water Reclamation Plant Phase No. 4
Job I.D. # 94361
Location: Thermal, CA
Contract Price: $2,260 ,560.00
Year Completed:2008
Engineer: Lee and Ro, Inc.
Owner: Coachella Valley Water District
Royce Jones (760) 398-2651 Ext 2432
BS-995 Avenue 52
Coachella, CA 92236
General Contractor: CW Roen Construction Company
Steven R Rosenblum (925) 837-5501 Ext 110
40 Oak Court
Danville, CA 94526
Project Title: RP-4 Expansion tol4MGD
Job [.D. # 94231
Location: Rancho Cucamonga, CA
ContradPrice: $4,059,991.00
Year Completed:2008
Engineer: Black & Veatch
Owner: Inland Empire Utilities Agency
Mike McFarland (909) 993-1628
6075 Kimball Avenue, Bldg B
China, CA 91710
General Contractor: Tasisei -T&K Joint Venture
Edmond Sayegh
25500 Hawthorne Blvd., Ste. 1000
Torrance, CA 90505
29~Page
Appendix
6-275
~,xs~xefq -
~` esr.
~e~rc~
l~lu~ag~i;~~! Sheet L~~,~t~~g
Project Title: 66Kv Cable Replacement at Ormond Beach Generating Station
Job [.D, # 95001
Location: Ventura, CA
Contract Price: $560,7 42.00
Year Completed:2007
Engineer: Engineering Partners, Inc.
Owner: Reliant Energy Ormond Beach
Matt Haskell (805) 207-5985
1000 Main Street
Houston, TX 77002
Project Title: North Twin Oaks Pump Station
Job I.D. # 94381
Location: San Mazcos, CA
Contract Price: $251,0 00.00
Year Completed:2007
Engineer: MoraesPham&Associates
Owner: Vallecitos Water District
General Contractor:
(760)744-0460
201 Vallecitos De Oro
San Marcos, CA 92069
TC Construction Ca.
Maria Pasaba (619)448-4560
10540 Prospect Ave
Santee, CA 92071
Project Title: 450-1 Recycled Water Reservoir & 680-1 Recycled Water Pump Station
Job I.D. # 94371
Location: Chula Vista, CA
Contract Price: $1,000,000.00
Year Completed:2007
Engineer: MWH
Owner: Otay Water District
(619)670-2222
2554 Sweetwater Springs Road
Spring Valley, CA 91978
General Contractor: TC Construction Co.
Maria Pasaha (619)448-4560
10540 Prospect Ave
Santee, CA 92071
30 ~ Page
Appendix
6-276
~ENSiNL~
-f ,~~ .:
l~~r~icip~i St~~~t Li~1~~i~~
P~etrafit Pra~ie~t
Project Title: Transmission Media Upgrade, 29 Palms MCAGCC Task Order #37
]ob I.D. # 94561
Location: 29 Palms, CA
Contract Price: $1,095 ,000.00
Year Completed:2006
Engineer: Engineering Parhters, Inc.
Owner. Southwest Div. NVAFACENGCOM 29, Palms ROICC/OPD2
P.O. Box 6013 Bldg 1138T1
Twentynine Palms, CA 92278-6C13
General Contractor: West Coast Air
David Dudley (619) 561-8000
12365 Mapleview Street
Lakeside, CA 92040
Project Title: March Air Force Base Recycled Water Facility Upgrade Phase 1
Job I.D. # 93641
Location: Perris, CA
Contract Price: 1,099,450
Year Completed:2006
Engineer: Kriegar & Stewart, Inc.
Owner: Western Municipal Water District
John Dahlke,(951]789-5000
450 Alessandro Blvd.
Riverside, CA 92508
Genera] Contractor: Pascal & Ludwig Constructors
Jeff Brooks Ph (909) 706-7686
2049 East Francis Street
Ontario, CA 91761
Project Title: Temecula WRF Expansion
Job I.D. # 93681
Location: Temecula, CA
Contract Price: 1,830,000.00
Year Completed:2006
Engineer: Corolla
Owner: Eastern Municipal Water District
Bruce Mitzel, (951) 928-3777
2270 Trumble Road
Perris, CA 92572
General Contractor: ARB, Inc
Bob Zaiser Ph (949) 454-7120
26000 Commercentre Drive
Lake Forest, CA 92630
Ph (949) 454-7120
31 ~ Page
Appendix
6-277
r~~61NF
~'~`~ ~~r~i~f~a,~ St~~iet Lighti~ag
~ICAL
On-Going Work
Southern Contracting Company
Current Work In Progress
Contract Est Cost Cost Completion
Value At Completion to Date Date
Olivenhain-Hodges $ 6,896,240 $ 6,560,000 $ 3,409,575 June 2010
Palmdale WRP Stage V $ 16,200,000 $ 15,390,000 $ 915,187 August 2011
Lancaster Liquid $ 1,075,174 $ 1,010,000 $ 50,455 December 2009
Miramar Water Tx Plant $ 2,606,000 $ 2,475,000 $ 98,497 December 2010
Encina Waste Water $ 9,633,213 $ 9,633,213 $ 6,054,816 June 2009
UCI-OilSwitches $ 169,500 $ 160,000 $ 103,200 February 2009
HJ Mills WTP $ 1,301,639 $ 1,235,000 $ 836,881 October 2009
San Vicente Res $ 159,000 $ 130,000 $ 78,958 October 2009
Chevy Chase Reservoir $ 504,598 $ 480,000 $ 9,739 February2010
Rolando #2 $ 350,000 $ 275,000 $ 205,158 June 2009
La Jolla Blvd $ 376,319 $ 280,000 $ 261,677 June 2009
$ 39,271,683 $ 37,628,213 $ 12,024,144
._..
32 ~ Page Appendix
s-2~a
~~~i~iP~/ 5~~~~t Li~~i~i~~
'f~~AZ~S` Retro~'it P~®~~~t
Appendix C
Financial Attachments
o Sa~rety ~®ndability Letter
o Insa~rance Binder
33 ~ Page
APPeodix
6-279
.~+vY6iNFr~..
ET-' Hm
~p T9bJ '~'
~~~icila~! Strut Lir~l~ti~g
fRe~P~i'®t Pi't~~~~t
Surety Bondability Letter (two pages)
TRAVELERS
January [4, .D10
Ciro dfChuYa Yista
2?b Fourth Avenue, Bld_t ?770
Chula V ot:t, CA 919 t D
Travefers Casualtyand Surety
Company of America
9325 Sky Fark Ct #220
San Diego, GA92t23
Fax: (866) 728-8987
RE: Surety Bvbdabihty LetR-r-Southern Cantrzeting C'o+npany
To Nhom It btay foncem,
14"r undcrsmml that $outhem Conlracung Company is iit the prv+tt5s of Pic•gnatifyina far a
construction pnijezt(:) fur theCity of Chula V Isla- As Part i)1 t tis pm+.ess you have requested
that Somhrtn Cmitractin_sCompnny provide evidence at their hn:mcial i:.~pabil"th t7 obtain and
maintain the necessary bonds to cover rts construction pro;was.
Tmveters Casualty and Surz[v Company cf America has had the plrasureof hm[dhng 5anthem
Coniracting Compam's bonding regniremeais since 1491. Tavelers Casualty and Surety
Company of Amenca enjoys an "A+^ rating by .A.M. 6zst. and appmr> ail the Tmasury Ltst" as
_..>_t _Ge.++....t,. rMrnt rinvennnent and then arc eonsidcicd :m `Admitted buret;"approved by
We have Iwnelett several prajecu for Snuttierh Contracting C,nupany with the fargesi bingin
excess of 520,000,000. 1Ve piivide South2tb witlr an ;p_Yrem,ale bvudin~ facihh aFS50;000,000.
These projects have all been sgccessfully cothplated and lfd nut represent the ceilingthat was
avsiWblu for This cumpnn}. buE rather the larcest ihatwv ltave>u far beeri requested to provide.
Our investigatiob of dtis firm clearly iadicatcs a company [honmghiy versed in thz cnnstfvetivn
industry with. a Meat depth of evpzriencrd pzvple vv4to fiuvz becmne kttown fur theif abiGnlo
complete jvhs vq schedule anit within burLet.
W'e assure you that bascvl upon our nvrmal:cunditions piing prevalent, a'e can Foresee no
diFTiculty ip fulfilling requests by your organization ro caecutu faahfid pufimnanre and labor. mid
material bands, us requ'ucd by the terms of any mntruct awarded to them in The prieermtge
ou[hned ub4~c. You undcKStand, of couse;ahar any arruiuem=nt fnr tkie final barrct or ponds is a
matter lxnveen [he Contractor and ourscCves and we assunee n> liability to third paniei or tv you
if for any reason we dv nut eseoutc am required bonds. Thrs Izuer ~s nu[ an assumption of
labildg oar is p a btd. petformance; or pm'mentlwnd. This letter is issued only asa banding
reference requested from us' by vw client.
Phase do nut heshate [o ednlad meat 761k733--'_610 n~ith any gnesti~ns or fur farther input
Sincerek',
Travelers Caswlry and Surety Campanv i?fAmrrica
~~~.
4latthzvv C. Gaynor
Attomzv-irt-Fact
X
6-280
c7ENE5CEf~'yG+
1"~v~t~c~~al S~~eet Li~6~ti~~
`F~,~~~5~' it~trafi~' Project
This Pnwx of 3rz LAIC -n am uvmlt•rami Fy e~ uurhvriry afftm RNiaaap raglunum tldvpva! tlg the &mJSCh OJeKRam aP F'arnugmun C.nualry CumFmnp, H411tq
aixl (ivuamy Iralmamo CMnpm-~.; FJv-'ri. uad G+urnl. Immaae. tjoJaxalircn,hw'., it. Paul fire :wd ttarira 0~ runt CnmP 4r. Pvn C.imNem Wccm v
Ci.mP:ur.. Se psul tlen:ury [rawan.e Canrywi. Tvvrlers Csualrv niNSme{y fompmy,'Fnvcfers Ci+wfp +M S rc:y L'nmpu+- -.:-drreris, arvl'UnuedScuc:•
FiJeueF amFtiumm~t} Cmi4wrv;, wNah nsaWUimn:rrvn,a :n tug k!i:v aw.lfe.l rrwlim; as Y+Ifaa~.
RF..Q)LY`El). {hht the Clnirnun..M1:. Pti.::Jaul. ar._; lLc C'hmmi.vt: any L ~m+ue Yirz P:nAltnr. xti Sc+i~u vwv Pre•t.1-w: un~i 4'wr Yre+l?tpm. vn3 S ivM:Y'icc
Pna:r4Yx. ehe Teen`vrrn anY ,iwilinnl7mewerAg Cngx m 5euciury..x my ,Lry:ml 5ercyu ma+ agp~ivi uta m v tpeYn d Y:una pr d:;t kx 01d as NN...vdt
of the Cnnymnv aruF m.n 1vx 5i~k appno:r. xuch audu d, x (ii.::;r tv .Ce:fnmc or vuilm tt aa. prcu'n!n k> acv a'iilt me C m Pmy a name amt +..J snh!he
Cumprvrv'i><Ih:nlx,•ucny':;,rnc,annrzax~,af'inJCn yti~,.:m!anax+ardnc ~lF)u^nanv'io'de aatur`. r~l rt-wdY ,husaewt. trc:xvnmec nu.Smnimy. m'al Jn)..
efuJAtrieus arc C+r yiwdof Oircin on-u..~nra re.rv~a<.n}ava~Jt app!m{r:aio-t ern lw:he pr:aar;ti:ra hnn xav:.m.la:,.
fl'ATWFR R};5nl,l'F.D: {trot rt.• Cfumm~n-ihc Ptisialenr am \9.:e Chavm+n ::aY ~+a~uira vx'c PianideaL M) kvec Yir. Vraudem .V'mTV&' Pnskhnt ma;
S!C~ Ie.JI m :m p n ef>a. ioi+vpe ap arJa nrv:n ni:e nr mrt: nrFcna Ix empke en n[ N{ (. n p: nr: pnnimw :hul uwa.:;w:h Jeh`~rum uln+aitnrr and na:Pp
Ihen+f i+ti4+tin to rneu iiYrM tisxrs~. +ialito
FllRTIIER RE1gLtlEU, tmu aae. F.iM-mrvr5nu': ec:rwm_xr.•i
r+t a
,ha:thvWhl::nJFmJw-.uFnm JA'Ca•mplma vlaµfa'++gm~.lu. eha pi:i~h W. my4ryi;CTUnimm~ vm-Y-v+i[WiuvV N•.:Je)J. +nY ~n[M\tPavvm nor})`ic.
P nkn[ ly' Sa I l c Fi<a3alea( fFa Tn1 ueC.9n { L nt Trca4lRt Iht C ap:ratt Sa tutu Ylt i ?I LMI luAltlrt toJJaIJ LIe+tM auJ 'rEd rc'I(h.:h¢
Cnmp .~.J A a G. n.wrv u ~\...nm Sccrelan', rx br dmv exauteJ V dee ,cal. if rryu ! F, ,n er ti:Jn •Nr lm arvi•xt and A;'eMPuniiam m uv prer
pnvnhe.l m lim ,x W. mrtla•-:n: a m+ar cenilesles aF slnhrvuy ur bT me n mm:. Gimp m} u1Mxrv P!vwmf +n a un14T tlclmi;lhnn Al auJa nlq; u:ei Sr In
Fl"RTF1kR RE5l)L\'4D..mW fiz: aynvmn rsaNi!+f lh mtbwiny vfl.~ Fn.L~.v-umF w uviu Rc i!n 'v tinHar Y•e rradem.:uiY. Ync PnsiJ.ml.
Wlv ;1asWm Y';tn Pra 'wont: aay $CCrmwi, um A.axymm S, n nnJ F.e u:.l of :he C:!ml n; maa Fe aii'i .d h. lir.icu4 iv art. Power ut.MUme. ra u am
urv.
zratuaW mlatinq tlnerT aF'p`)imii:e R.vJmtt Y:cc Presakm_ Rvvair;m:C x. G s Sacrcrrzw~ x An rn yw n-YaZ Ye pupneavufy al ittueinpanJ an acng Mwd.
m r ala. r Lir:y ml :M: wneiirES rlFl+naxr: in Ihv nmum dn:m!f, vnl m- ucA P.w.m vi N me m ccrnfn r Farm} fucA BAUm W 1 vaiurc x Ya.a uxf v:¢
imll h valiil .unl 2aJmy upon itK Company vN vm such purer r~ e%ci: led anJaxndmd W > ntl Lx.)m:h Nurv ms and I~mvm4 +ral ~AVII ha vubJ e:al F mien. on
hoEUnlnP~mthe 6nnre mrh npµux+•ngq d{nd;iru 4rawWYmg mwh:~unuarhtJ.
I.xni Yl.1.!'u?m~'~n.tha wukr+i)+w'd.~U•4,>frnr isnrWV,.d`Fannm4t:m.C:nanfwEt~vY.FvElhv amt ::riWy
L. n+nmrr, lnc.SG Pn:l Fiic:mJ Yfuim:fawn-dmx C.+mlan`. Sr, Pv:r.Gvunlun (nwru~ui Cant •. 11 P:ud
5 rcta+'ampuny Trs Vlcexr,'av+rdR and SuRlYCm>ip.n .C~)menh, :1ni14'nasx $ta4a fiJ.l Fr.r w^ army G)
r atroc anJ.nrrcet:npy u(eir•Pnwu Sr.SWimu.~e~aukd by :rul.Campumca. wkcM rsla (allN :andklli.Y.
I~'fFf J)lt`IRe7P.1 10
I\TFS'FBR)~]'\YlIF.AE[)Fflsashcrc!WF+vrny:unJ.mJvllti\eJJ:~u+cals r~t.s:wCilm?aeiare Aq`/'~~/~~!J(aFL~+t::_....~___.._ -_...: v-~
Kno. bl lan~+ ~ ,t.+iaanr Sc.:emn
+'Rb saaua.Y agmp
~.: ~ r~ ~ t~ - ~,vanai f -5 SfiiL " ~ r 1.n/ piM aw -
Ti++erily rpe aWhrnnefry a/rhia. POVCi aF :44ttIwv.{111-~i!kl-.t±t-tNNinr>.Ympet us;u ww lnveA':+!+vody:ne.Plv;aeercler ie Ne Nkiuey~Ilryrl tromtAr:U.
aNnscnnmM nvh. u;vu}ysW :Ixdmodr dhhe tiomkn }aS thu PnaYe Antraimd,
35 ~ Page
Appendix
6-281
~,yfilffifN
b7 h~:
~F 1963 i'
l~l~~i~~~fal ~~r~~t l.i~~ti>~~
Insurance Certificate (first page).
Balance of certification available upon request.
ACORD' ~EiL"~tA= '~i~-,E. E ~ : - w9asnoo9
P TM5 CERTIRCATf 6 L45UE0 A4AAMTTFR Oi INfORMAIRnI
remm ONLYAro caxFExs rioEIGNrsDran Tne COtnFICAt[ MDIDFR.
SulRvanCurasMonroeirlsuRLnce Services TIr DEmvcATE oan xm ~~~ ExtExoaR nLTU Tr
ROEO svTIN wuuo aELOVr
DavEAADE
FP
900 Mwttedtobrtve; Sufe 705 .
A
a
CA 92879
Caona
„ ~~ Tra.+Iaa RVFEOY~Y ._
afAnNeeE
98tAe]JS00 Uoneaf0EB0ai0 E6REn T bT'F°M~Fn!Y
NVenCUNEMavoemu
S
w
v.
l
w r
e
n
C
fl
C
M lru
En
wu® NatlonalUnlPn FV
De °f
ompany
rac
ng
o
Southern
P.C. 0oz 445
CA 92079
o saAw seneesnt Nmvatm c«rpeny
s
San Marc .mwu
THE POLICES GE INSURANCE lSTED BELOW NAY ISSU ED f INSURED NAMED VEF THE FOWL! P WOICATED.
NOTLMILS'fANDINGRNY REOWREMFM. TERM OR CONCinON O i ANY CONniACT OR OTE+flED000MENS WtPNRESP[R TO WIRCN TNIS
LERi1FIGtiE MAY BE LSSUEOOR MAY PERTAIN;. TNE.INSURANCE AffOR0E0 BY 7Nf FOLIQES DESCRIBEONERFIN E::aUalEtt SO ALLINE
TEPM`a.E%CWSiONS:AND CONOm10Na OF SUCH POLCIE3-AGGR EGATE UMITSSNOWN MAY NAVE-BEEN REDUCED BY PAID ClAeeS.
pOUEY
VE
kiP rollEY
[VIw TYH
LTR
TYFE Oi @SIIPAXfE
POLICY MUbG ~ UINB
p 6ENERAI UAEIUTY OTE000667CBMTIL09 10/ta00B. 10/1!1010 ~~e"x
a«elgpµ RptrL1W XCl1iMIWN nNo.wac
6.WLAMOL QOCCUR nm GOI ee
mw.La MVUwn s
'
.ccmr+n s-
eeoeuctscttwa.`" a
cE ' eT
a AurowoeREUAULnr DTataomrceFaicroa tataoos ionauio zoNEbmsnRlelan t.aaomo
uN wre
Y WIYM.
TYxO1MR62 AewE
I ''O~P~ roaxvwer
~~ M1sewU
oiN.G[
P...maW' f
GARl10E UABBIiV NrA arav. u.accvrt
atNU u
:wr uno on
AInOOIar.
O EXCESS[N®IfiY aE038L193L ttYIa004 O~I~.A'1 E
t0/1a010
aCM ^WK./4aL
m AR~
f
Ruun
t
vntxnm+s
WUFaEIS'COMPFNSATbna
Bat~y58
t011a889
~Lrrt
tOEflAtO ~
D fMFLOYFf6' IiABARY u
Meau.NLVILTiE S
sSi.VRYYlI1R
t«aW PUpoar onp
ewGxVaravawwnea r.)edmllelawnea
. CRy RECub'(Nb. RE alEwx elEeab, Fmplgxs an
upmwnEEC ~lp~pr
ICA:TENOL'€7ER$i=~' ~ _=?r'°£f;At~EL'^kAt~16 .•_ ~_. - "•:° -_~
I'F
GERF
.
.
ANY QiT11f MOVE OPS4TnEDPOUOIES (E CANCFLLLD BFFgSINE
F« BW FMFRMS Onh
Gl10Et GATE TNFAEOF:TXE IaaUNG CQ10AaY YIBI. MNL
n warrtw ionttTD TN[ ETRtiIGTE NOLwexAnm toTNE
CNYof Chufa Vista LEEr. PaiaL'CiPV9~Naa
278 FOUnh Avenus ~ •tnorprx...rq..warndw.
ChWa Vise CA 91970 sta.
'
9atlb CEmao /r~~
.u-
iaM0.~25:5R1..- ~}Js'Si'~ffi~si~ _: PS'rr~eFf°P"~Rp Ot&Zry9B8C~d
as ...tue OSPY taa+ ama®. 4vlu itak ./vHew a. u.a. w xp i K.va
3fi ~ Page
Appendix
6-282
~EN61KEfy~
`~ ~~' yc l~lu~iri~al S#e~ee~ Li~l~#i>~~
f~,ea~ Re~~®fit Praj~ct
App~r~dix D
Product Pr®ch~re~
Procurement Note:
The Phillips "QL" Lighting interior components of the proposed G.E. Luminaire require an
operating voltage of 120V, or separately a range of 200V to 277V. G.E. does not offer a
120/240V or a 120/240/277V multitap ballast. It will be necessary for Chula Vista to
identify which streetlight poles have either a 120V or a 240V source to ensure the
appropriate catalog # Is selected.
Luminaires
M-25~R2i'_UM[NAiRE
W1FM CUTOFF OPT1C5
APPt1WlOr14
rr s~rRt ~~ f«:ewdmed}ueeaattesmNS,Padu^9icmeiM otMrwNCOr erem
3
SPEOFlCAn011fFAiUR6
• 1]vJerSP~ Dw~D6't sEpfilNr
• Ofr2aG:PlwxnWPlmusn9
~[n Paler 9reY
• Shee6ide Od)uuobi! E39
f niigi~k Doe scchet sloMard
wnart bmP'aawlabk U
~oCcerksel Mecum
• PlGLAS" fuo~hanreflec[«
xore amum.r.mams
'Nn6PR.$IYA IR FYNCe
37 ~ Page
cru~n~a~q~nm~P~oK.
louse
• NO-tOd PE rK2P1eC1!
• Phg-in sptkar
•-f~ue96'aka?-fro AgM
aFaae 94'hnx5
PiB-ZOW f«MiwmR1
F~F#ahrndstuNess steeimk
• P~DcPestw«ds[mdmd
Wxreyuir ml Wr Sua peel
Appendix
s-gas
FgLBiNe'
~y !"~t~~i~i}~~~ St~°~et Li~~tir~r~
e
(F~ArcatC~~S~ f~~tf alit rPi~~E9Ct
ROADWAY LIGHTING
GU1DF FORM SPFCIFICATtONS
M-250 fl~12RC1 INDUCTION LUMINAIRE
~'GE~(EliiCOESCRfP-~0~~,., £~~. ~~,~:~~
Fhe luminaire designated MZRC shall be a GE M 250 madumy
luminaire, brdennq number M2RC54QGE1GSCZ. The MZRC is
capable of providing either the SSW err the 85W Phillips QL
induction system in'the same motlel. The luminaire shall
contain a completely prewired m[egral induction system and
an optical assembly that shall .provide an LES Distributfan
Type SC2.
~MECW{S~IE(~E QDIi(~TRft TL~E~~`
The fumirmire shall incude a precision die-cast aluminum
upper and lower housirigwithpptyester Powder gray point
Paint finish shall meet ASTM B717 Tar eartostpn resistande,
Lower housing shall be hinged and separable and shall hold
retractor in place. TTe internal slipfit[er shall rontain two
bolts. which der not pass through the housing tivt tighten tram
an aptiarwl' prewired no-toot
receptoUe. There shall be a
installed. The Ringed dbor
d,. quick-release paddle type
g the use of no tools and shall
aonfirmatiar The removable
:ess to the Feffector, refractor.
Norge vessel
The
at
shall be
position
~"o~~`~cssF~t ~q., ~'
The cut-alt opticdl assemtly shall include a predsian-formed
aluminum reflettar and a heaUimpadt,resistdrtt tempered
flat gloss: The re(lectar shall have a chemica3ly bondetl
1lghtweight hon-hreakatle siticafe coating provioing a
non-porous surface that. taointpiri5 a hrght specular finish
after 2500 hour exposure to sdtt tog tesbng following ASTM
dans[ruation
around the
removing co
gasket
of air
ion system-shall he [he Phillips OL Induction system
of the discharge vessel. power coupler, dnd Ehe xF "REFER TO PRODUCT PAGE FOR BALLAST SELECTIONS,. F-0R
providing long 1He of less thbn ten percent farlure MORE DEF3NITIVE INFORMATION, REFER TO BAilAST
?00 hours low lumen depreciation of less than thirty SPKIFKATIONS IN TECHNICAL DATA SECTION.
60p00 hdurs.80 CBI, with b dhoice of either 30001%1
color temperature of each Wattage IS51^"1 and 85W)
ling voltage of 200 - 271. The pourer coupler cooling
ded try a beat sink Luminoire Shall contain d three
n Pevdle[E fmpfinerk arEPmmW neeu~e GmemH
fiManv4 xf GlPnd nttv~¢ UvW%
~bN3YgY[I:O.UO!]('tiVpW v0(N
Paget Guide Form Specifications-2009
38~Page
6-284
Appendix
~.cyl6tNf~
~ ~-~ ~~ ~t~~i~~~~i rSt~~~~ Li~~i~ir~~
a
ROAE)WkY L(GHTiNG
GUIDE FORM SPfC1FICATIONS
M-25fJ fM2RC)1NDUCTlON LUMINAIRE
GEtJERt4LQESCR(PT(O(~C~~~ ~'~
Fhe luminafre designated M2RC sho31. he o GTE. M-250 roadway
lumihaire. ordering number M2RCEgOGE1G5n2. The M2RC fs
capable of providing either the SSW dr the 85W Pfiillips Ol
induction system in-the same model The lumihaire shall
contain a cdmpletely prewired integral induatjon system and
an optical asszmbly !fiat shall provide an IES 0lsiribution
Type SC2.
The lumihaire shal} inctVde a precision the-cost aluminum
upper and lowef housing with polyester powder gray paint.
Paint finish shall meet ASTM 8317 tot cortasipn resismn<e..
Lower housing shall be Tinged and separable grid sFOll hold
refractor in place: the inferno! slipfi[ter shall contain two.
bolts. which do not pass through tPe housing but Yghten tram
below with lower housing in dropped position. Intemafcosting
prpvides leueiing~step adjustments for fixture leveling. The
ahe-piece pipe. damp shal3 be tpppble of adopting to.
t-ilq-inch through 2-inch 14Z tfirouah. 60 mml Dioe without
a
art ektemol,. quick-release peddle
drreauinna the use of ^o tools and
6.
Induction System
The induction system-shill be the PhMips OL Induction system
consisting of the discharge vessel. power coupler, and the HF
generator providing Idng life of less than ten percent failure
rate at 60;000 pours. IoW lumen depreciotian pf less than )hirty
percent at 60.000 hours. 80 CRI, wkh a choice of either 30001R1
ar g0001q mlar temperature at each wattage 155W and 86V/1
and operating voltage of 200 - 277: The pawsrtoupler cooling
Shalt be aided 6y a heat sink Laminaire shall caatdin a three
position. terminal aoprd.
ppiiaal assembly shall include a pre
eflectar and aheatlimpad-resist
The reftector shalt have o chem~
non-breakphle siNEate coating.
surface that mpintoins p pdgnt s
lour exposure to salt fag testing 6
The optical assemblyshall hove
which acts as. a fgter by excfudii
ion when the luminaires is closed
i consist aF a charcoal fNter wiffi a. !
glass the charcppl filter allows p
trrtdminates svpn as hydrocarbons
* REFER TO PRODUCT PAGE FOR BAlL45i SELECTfONS. FOR
MORE DEFINITIVE INFORMA74ON, REFER TO BALUST
SPECIFICATIONS W TECHNICAL OA7A 4ECTION.
! ambreeN ir~emmkeF6(eerel eel¢ic CunevM
^'rrSmtae al Ge:vM Ekttre Campmy
~b5Y0f I[(N(I~geWMU1WM!
Paget Guide form Specifications-2009
39~Page
6-285
Appendix