HomeMy WebLinkAbout2010/07/27 Item 7
CITY COUNCIL
AGENDA STATEMENT
~ \ ft-. CITY OF
,~ (HULA VISTA
,-A
7/27/10, Item~
ITEM TITLE:
RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT
WITH BUXCON SHEET METAL, INe. FOR THE RE-DESIGN
AND RETROFIT OF THE SOUTH LIBRARY COPPER ROOF
DRAINAGE SYSTEM IN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP NO. LB 144) A)\,T]) AUTHORIZING
EXPENDITURE OF ALL A V AILAB~DS
DIRECTOR OF ~~ WORKS ~
CITY MANAGER _
ASSISTANT CIT MANAGER? I
4/5THS VOTE: YES D NO ~
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The South Chula Vista Branch Library was opened in 1995 and designed by the world renowned
Mexican architect Ricardo Legon'eta. His concept was to evoke aspects of Mayan and Aztec
heritage. Because of its many unusual architectural features, signitkant maintenance problems
have occurred for many years, especially with its system of watcr features and with thc copper
roof
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Enviromnental Quality Act (CEQA) and has detern1ined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 15301 [Existing Facilities] of the State
CEQA Guidelines because the proposal essentially involves the re-design and repair of an
existing roof involving negligible or no expansion of an existing use. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution,
BOARDS/COMIYI1SSION RECOIYlMENDA Tl ON
Not applicable.
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7/27/10, Item 7
Page 2 of 3
DISCUSSION
The South Chula Vista Branch Library was opened in 1995. The project was the result of a
successful Proposition 85 grant apphcation, and was designed by the world renowned Mexican
architect Ricardo Legorreta. His concept was to evoke aspects of Mayan and Aztec hcritage.
Because of its many unusual architectural features, significant maintenance problems have
occurred for many years, especially with its system of water features and with the copper roof.
Attempts have been made to fix the leaking roof, but the unique structural characteristics have
caused the repairs to fail. The leak in the roof has spread to the drywall and the electrical
system, causing the fire alarm to short out on a recurring basis and alert the Fire Dcpartment for
no reason.
The wet wallboard has been an annoyance and health hazard to many library users. Sections of
the floor have had to be cordoned off and construction barricades are frequently needed to keep
the public out of harm's way. There is a safety conccm because of wet floors and the carpet tiles
in the location of the leak have disintegrated and have been replaced numerous times.
On May 26,2010, the Department of Public Works issued a Request for Proposals (RFP) for the
"The South Library Copper Roof Drainage System Retrofit Project", pursuant to 92.57 of the
City's Municipal Code to redesign and constmct a new roof drainage system With interior
drywall repairs to the South Chula Vista Library roof to qualified Design-Build finl1S.
The following companies were sent RFPs: C.W. Driver, Inc.; Rudolph & Sletten, Inc.; Telliard
Constmction; Buxcon Sheet Metal, Inc.; MJC Constmction; Town & Country Sheet Metal, Inc.;
and L TD Sheet Metal.
The ranking of firms through the bid process qualified two respondents for interviews: Telliard
Construction and Buxcon Sheet Metal, Inc. Following the interviews of the two respondents,
Buxcon Sheet Metal, Inc. 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 the proposal, Buxcon Sheet Metal, Inc. submitted a "Not to exceed Gross Maximum
Price" of the project in the amount of S I 02,010 (Estimated Cost/EC). Following City's approval
of90% Construction Documents, Buxcon Sheet Metal, Inc. shall submit a Guaranteed Maximum
Price (GMP), at which time staff may retum to Council if the GMP exceeds the above amount.
Buxcon Sheet Metal, Inc. shall complete the project as a public improvement according to
specifications provided by the City for an amount not to exceed the GMP.
DECISlON MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
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7/27110, Item-2
Page 3 of 3
CURRENT YEAR FISCAL IMPACT
The project will be funded by the recently approved FY2010-11 Capital Improvement Project,
LB 144 South Chula Vista Library Roof. Funding for this project is provided through an increase
in the loan repayment from the City's Redevelopment Agency (RDA) to the General Fund. The
RDA funding is available through the Tax Allocation Refunding Bonds and must be spent on
eligible capital expenditures. A breakdown of costs needed for the improvements are as follows:
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (Buxcon Sheet Metal Inc.) $102,010.00
B. Staff Time $15,000.00
C. Contingencies (City held). $5,000.00
TOT AL FUNDS REQUIRED FOR CONSTRUCTION $122,010.00
ONGOING FISCAL IMPACT
Once the project is complete, there will be only routine maintenance required.
ATTACHMENTS
Design Build Agreement
Prepared by: Gordon Day, Building Project Ivfanager. Public Works Department
J: IEngineerlA GENDA ICAS201 0107-27-1 OISouth LibrGlY Copper Roof Repmr.doc
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RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
DESIGN BUILD AGREEMENT WITH BUXCON
SHEET METAL, INC. FOR THE RE-DESIGN
AND RETROFIT OF THE SOUTH LIBRARY
COPPER ROOF DRAINAGE SYSTEM IN THE
CITY OF CHULA VISTA, CALIFORNIA (CIP
NO. LB144)" AND AUTHORIZING
EXPENDITURE OF ALL A V AILABLE FUNDS
WHEREAS, the South Chula Vista Library Branch was designed by the world reno\\~ed
Mexican architect, Ricardo Legorreta, and was opened in 1995; and
WHEREAS, because of its many unusual architectural features, significant maintenance
problems have occurred for many years, especially with its system of water features and with the
copper roof; and
. WHEREAS, attempts have been made to fix the leaking roof~ but the unique structural
characteristics have caused the repairs to fail; and
WHEREAS, on May 26, 2010, the Department of Public Works issued a Request for
Proposals (RFP) for the 'The South Library Copper Roof Drainage System Retrofit Project",
pursuant to ;)2.57 of the City's Municipal Code to redesign and construct a new roof drainage
system with interior drywall repairs to the South Chula Vista Library roof to qualified Design-
Build firms; and
WHEREAS, the following companies were sent RFPs: C.W. Driver, Inc.; Rudolph &
Sletten, Inc.; Telliard Construction; Buxeon Sheet Metal, Inc.; MJC Construction; Town &
Country Sheet Metal, Inc.; and LTD Sheet Metal; and
WHEREAS, the ranking of firms through the bid process qualified two respondents for
interviews - Telliard Construction and Buxeom Sheet Metal, Inc.; and
WHEREAS, following the interviews, Buxcon Sheet Metal, Inc. was selected as the
respondent who best met the design, monetary, and time criteria of the project with whom City
could negotiate an agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a design build agreement with Buxeon Sheet Metal, Inc. for the re-
design and retrofit of the South Library copper roof drainage system in the City of Chula Vista,
CA (CIP No. LB 144)" for a guaranteed maximum price not to exceed $1 2,0 I 0 and uthorizing
expenditure of all available funds. / ~-
, /,----
--
Presented by
Richard A. Hopkins
Director of Public Works
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Dated:
DESIGN BUILD AGREEMENT FOR
THE SOUTH LlBRARY COPPER ROOF DRAINAGE
SYSTEM RETROFIT PROJECT
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DESIGN BUILD AGREEMENT FOR
THE SOUTH LIBRARY COPPER ROOF DRAINAGE
SYSTEM RETROFIT PROJECT
THIS Agreement shan be for the design calculations and construction installation of the South Library Copper Roof
Drainage System and the payment of permitted costs therefore ("Agreement"). This Agreement is made and entered
into this by and between THE CrTY OF CHULA VISTA, a municipal corporation
'("City"), and Buxcon Sheet !'vIetal Inc. ("Design Builder or DIB"). City and DIB, when referenced herein, may be
referred to individually as "Party" and collectively as "Parties." This Agreement is entered into with reference to the
following facts:
RECITALS
1. The South Chula Vista Library Branch was opened in 1995. The project was the result ofa successful
Proposition 85 grant application, and was designed by the world-renowned Mexican architect Ricardo
Legorreta. His concept was to evoke aspects of Mayan and Aztec heritage. Because of its many unusual
architectural features, significant maintenance problems have occurred for many years, especially with its
system of water fe~tures and with the copper roof.
2. Attempts have been made to fix the leaking roof, but the unique structural characteristics have caused the
repairs to fail. The leak in the roof has spread to the drywall and the electrical system, causing the fire alarm
to short out on a recurring basis and alert the fire department for no reason
3. The wet waHboard has been an annoyance and health hazard to many library users. Sections of the floor have
had to be cordoned off; construction barricades are frequently needed to keep the public out of harm's way.
There is a safety concern because of wet floors and the carpet tiles in the location of the leak have disintegrated
and have been replaced numerous times.
4. On l'vfay 26, 2010, the Department of Public Works Engineering,Division issued a Public Request for
Proposals (RFP) for the "THE SOUTH LiBRARY COPPER ROOF DRAINAGE
SYSTEM RETROFIT PROJECT", pursuant to ~ 2.57 of the City's Municipal Code, to re-design and
construct t the South Chula Vista Library Copper Roof Drainage System ("Project") to qualified Design-Build
firms.
5. The following companies were sent requests for proposals; C.\V.Driver [ne., Rudolph & Sletten Inc., Telliard
Construction, Buxcon Sheetmetallnc., ~fJC Construction, Town & Country Sheet tvfetal Inc. and L TD Sheet
Metal.
6. The ranking offinns through the bid process qualified two (2) respondents for interviews Buxcon Sheet Nletal
Inc. and Telliard Construction. Following the interviews of the MO respondents, Buxcon Sheet Metal Inc. was
selected as the respondent who best met the design,. monetary, and time criteria of the project with whom City
could negotiate an agreement.
7. As part ofDfB's proposal, D/B submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of One Hundred Two Thousand and Ten Dollars ($ 102,0 I 0.00 "Estimated Cost"I"EC"). Following
City's approval of90% Construction Documents ("CD") and with the approval for funding through the Capital
Improvement Program (CIP) process, DIB shall submit a Guaranteed Maximum Price ("GMP"), at which time
staff may return to Council if the GiYfP exceeds $ 102,010.00.
9. D/B shall complete the Project, as a public improvement, according to specitications provided by the City,
(Exhibit B) for an amount not to exceed the G~v[P. .
NO\\l THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
follows:
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ARTICLE l. 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 Docl.lments that are the Contract plans modified from the original concept of the design
to reflect the acti.lal product built. .
CEQA: California Environmt:ntal Quality Act.
Calendar Day(s): AH days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be perfonned.
City' The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The City Council of the City ofChula Vista.
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plaI1S 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 Award), the Bonds, the general conditions, the Special Provisions, the Plans, Standard Plans, Standard
Specifications, Reference Specitications, and all modifications issued after the execution of this Agreement.
Contract Time: The number of Calendar Davs 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 cost estimates as shown in Exhibit A.
Extra \Vork: Any City additions, modifications, or deletions to work or DIE obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation ofa Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by DfB to City under this Agreement, including but not limited to warranties, and operating manuals; and
(4) and delivery to City ofa Certificate of Completion duly verified by DIB.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
City ofChula Vista Standard Special Provisions).
Guaranteed Maximum Price C'"Gl\lP"): The maximum compensation to which DfB may be entitled for the
performance of all Services, Work. and obligations and the satisfaction of all conditions under this Agreement,
which amount shaH include all authorized costs for labor, equipment, and material to design and build a futly
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 DIB markup, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
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Hazardous l\Iaterials: 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). "Hazardous
Materials" shaH 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 Ciry-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
l\lilestones: Dates shown on the Project Schedule by which DfB shall complete major tasks either during design or
construction of the Project.
NEP A: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing D/B to commence \Vork and/or Services on the Project.
Notice of Termination: A written notic~ from City to DIE terminating the Agreement in accordance with Article
XXVII.
Project Site: South Chula Vista Library further described in Exhibit" B", attached.
Reimhursable Costs: All permit fees, insurance and bonds.
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 are in place, have been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
\Vork: All labor, materials, supplies, and equipment that are necessary to construq the Project in accordance with
the Contract Documents. -
'Vorking Day(s): Monday through Friday, excluding City holidays.
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ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DIB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, 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 GtvfP.
ARTICLE III. TERM
3 i Terra of A2rcement. This Agreement shall be effective on the date it is executed hy 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.
ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Car~. 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 ordinarily exercised by reputable professionals practicing in the same field of service in
the State of California.
4.2 Compliance with all Laws. Tn the performance of this Agreement, D/B shail 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. CEQAI NEPA).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility ofD/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment and Housing Act and all other State, Federal and local laws
induding, but not limited to, those prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.1.2.4 The Clean Air Act of 1970. the Clean Water Act (33 use 1368)-Executive Order 11738, and
the Stonnwater Nlanagement and Discharge Control-Ordinance No. 0-17988.
4.1.2.5 DIB shall comply with the Essential Services Building Seismic Safety Act, 5B 239 & 132.
4.1.2.6 DIB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.1.2.7 DIB shall obtain and comply with all 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 Implied Knowledge of Laws. DIE 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 DIE to the extent allowed by law.
4.3 Desi!!n and Construction Standards. In the performance of the Services and \Vork covered by this
Agreement, DIE shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2006 Edition of the Standard Specifications for Public Works Construction.
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4.3 1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance \Vork Zones.
4.3.2 City Specifications.
4.3.2.1 The 2008 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 reporys.
4.3.3 Energy Conservation Standards.
4.3.4 Afalerials Standards. D/B shall use industrial grade, equipment and accessories for all facets of design
and construction.
4.4 Obt:lin City Armroval. For any and all actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, DIB shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. DIB acknowledges that approval from
any individual other than the designated City Representative or City Council, where required, shall not be
valid.
4.4.1 Failure to 08tain Approval. Any.costs or delays resulting from or associated with additions or
modifications imp lemented without the written authorization of the City Representative shall be borne
exclusively by DIB and not be grounds for an increase in G!vlP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DIB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DIB shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
D/B, its employees, agents, or subcontractors, 0/8 may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shall be a general approval only, and such approval shall
in no way release or relieve DIB of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision .Makinl!. DIB shall make decisions with reasonable promptness to avoid delay in the orderly
progress ofD/S 's obligations under this Agreement and pursuant to the Project Schedule, which will be
verified at 90% construction documents, attached as Exhibit "A".
4.6 Perform Services and 'York in Phases. The Services and Work under this Agreement shall be performed in
the manner and order described herein.
ARTICLE V. PHASE 1- DESIGN DEVELOPMENT
5.1 Desi!7n Team. City has a\\!arded this Agreement based on the specific qualifications ofD/B to perfonn the
design services required under this Agreement. All such services shall be provided by DIB unless the City has
approved of the use of Sub consultants in the manner identified in Article VIII.
5.2 Services. In Phase I, D/B 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 ODDs, 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, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-
elements. As aoolicable to the nroiect.
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5.1.1.2 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.
5.2.1.3 Roof Plans. Roofplans including detailed notes, dimensions, mechanical equipment locations,
define material for mechanical screens, skylights and roof access, roof materials, roof drainage
and establish window.washing concept. As applicable to the project. N/A
5.2.2.4 Building Sections. Building sections, which shall include vertical dimensions, floor assembly
thicknt;ss showing known structural elements and notes. N/A.
5.2.2.5 Elevations. Exterior elevations, including material references and extent; visible rooftop
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines. 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 roof and
interior 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 confonnance and ADA. N/A.
5.2.4 Submittals. 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 ODDs. Completed ODD. N/A
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, D/B shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re~submittal shall be
borne exclusively by D/B and not be grounds for an increase in the Gr.-IP or Contract
Time.
5.2.4.2 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
arid special system or equipment plans. N/ A.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase II of the Project, DIB's shall perfonn Services including, but are not limited to,
the fo~lowing:
6.1.1 Project Development. DIB shall diligently prosecute the development and refmement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. DIB shall prepare CD's which shall include, without limitation, the following:
6.1.2.1 Shop Drawings and details only 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. N/ A
6.1.2.1.2 Floor plans, including roof, showing areas of work 6.1.2.1.3Building elevations
indicating exterior design elements and features, including fenestration
arrangements, materials, mechanical and electrical features appearing on the walls,
roofs, and adjacent areas. N/A
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6.1.2.1.4 Interior elevations to establish functional requirements. equipment, and all systems
locations. NI 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 wail sections sufficient to indicate materials, openings, and major features.
N/A
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the
extent and type of structural s)'stem and dimensions, final structural design criteria, foundation
design criteria, preliminary sizing of major structural components, critical coordination
clearances and applicable material lists. NI A
6.1.2.3 Mechanical plans and details. NI A.
6.1.2.4 Landscape and Irrigation plan and details.
6.1.2.5 Electrical plans, calculations and details.
6.1.2.6 Plumbing plans and details. N/A
6.1.2.7 Plans shov.:ing installation of major systems, equipment, fixed furnishings and graphics. N/A
N/Ao/
N('\
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6.1.2.8 Technical specifications.
6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the
requirement.s for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory- agency approvals.
6.1.2.9.3 Color board and architectural rendering for required presentations. N/A.
6.1.2.10 Nlechanica1 design documentation consisting of continued development and expansion of
schematic'mechanical design consisting of: N/A
6.1.2.10.1 Single line layouts an,d the approximate sizing of all equipment and capacities,
preliminary equipment layoutso fJ!\ l~/f)
6.1.2.10.2 Required space requirements for the equipment, required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures. NI A
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical
design consisting of: NI A I
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.t.2.12 Sections through critical areas showing coordination,of architectural, structural, mechanical
and electrical elernents.N/A
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
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6.1.2.13.3 Electrical. Description of electrical services, including voltJge; type and number
of feeders; lighting systems, including lighting levels and audiovisuJ]; security-fire
alarms; and cable antenna television systems. NI A.
6.1.2.13.4 Landscape. GenerJl description of the construction, including plan materials, plant
locations, maintenance period, and irrigation systems. NI A.
6.1.2.13.5 Play Areas. Description of play equipment, including installation procedures,
type, color, finishes, and locations. NI A.
6.1.2.13.6 Site Work. General description of the construction, including finishes. types of
materials and locations. NI A
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 tinal specifications as appropriate. NI A
6.1.3 Project Sequencing. DIB 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. DIB shall prepare a detailed schedule for aU construction components of the Project
("Detailed Construction Schedule"), showing all major milestones, commencement of construction,
sequence of construction, and completion of the South ChuIa Vista Library Copper Roof Drainage
System Project, all of which shall confonn with the dates of Substantial Completion and Final
Completion of Project.
6.1.5 Governmental Review. DIB shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 AccountinK System. D/B shall provide a master accounting system and matrix on NriCroSOft Excel that
will be updated, expanded, and provided to the City monthly as the Project develops.
6.1.7 Project lvlanagement Plan. D/B 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 Etfective
Date of Agreement.
6.1. 7.4 Biweekly Design and Construction meetings
6.1.7.j 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 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 Drmvings and Specifications. D/B shalCprepare shop drawings and: specifications
suitable to allow construction.
6.1.9 City Approval. DIB shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at ninety percent (90%) completion.
7 -18:3
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 and 90% Completion, City will notify DIE 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, D/B shall modify and resubmit Construction Drawings for City approval.
6.1.9.3 D/B Support. DIB shall provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6'.1.10 A1aterials and Equipment Specifications. DIB shall prepare technical materials and equipment
specifications for pre. purchase.
6.1.11 Surveying and Testing. DIB shall coordinate"perfonn, 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:N/A
6.1.11 I DBT is responsible for identitication 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 the Consumer Rate change immediately .NI A
6.1.11.2 Existing Conditions. DIB shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The Soils 'Consultant shall prepare a
statement that will be included in the Bidding Documents as to the nature of soils, ground
water conditions and any other infonnation concerning the existing conditions of the site.
N/A.
6.1.11.3 Utilities. D/B shall provide all required information for the construction or'relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. DlB shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project. N/A.
6 1 11. A Geotechnical Information. D/B shall obtain all necessary geotechnical information required
for the design and construction of the Project. The Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement that wi!! 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. DIB shall provide additional site surveys and geotechni~al investigations
to the extent that D/B detennines they are necessary for final design. N/A.
6.1.11.6 No Reliance. D/B shall not rely on City survey infonnation 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. D/B shall prepare and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan ("S\VPPP") to be implemented by the DIB during Project construction. \Vhere
applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board
Statewide General Construction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the penn its. N/A.
6.1.13 Alternatives. D/B shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructability as it applies' to the work.
6.1.14 Permits. . City shall be responsible for all perm)t fees.
6.1.15 Updated Costs. D/B shall provide updated construction cost estimates in conjunc.tion with the
submittals required in Section 6.1.9 to support Value Engineering ("VE") and coristructability reviews.
6.1.16 Final Review and Approval of Plans and Specifications. DIB shall deliver to City complete Shop
Documents, including Construction ( shop )Drawings, Plans and Specifications for the design and
construction as it applies to the Project. City agrees to review the Construction Documents and
7--t14
provide City's written comments to D/B within five (5) Business Days of the date such Construction
Documents are delivered to City in accordance with the notice provisions in Article XXIX. Approval
shall not be unreasonably withheld. If requested by City, D/B shall make changes to the Construction
Documents.
ARTICLE VII. PHASE Ill. - CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. 'York and Services. The DIB shall construct the Project in accordance with City specifications
prepared by the DiB to meet or exceed all requirements oftht: City provided program, schematic design and
the performance criteria. The D/B shall: N/A
7 1.1 Bidding. DIE shall prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that DIB determines is appropriate to ensure the efficient and cost
effective construction of the Project. N/A
7.1.1.1 Competitive Bidding. D/B shall competitively bid the respective bid packages for the
construction of the Project. NI A
7.1.1.2 Pre-Bid Conferences. DIE shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide c1aritication to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to all prospective bidders. N/A
7.1.1.3 Scheduling. DIB shall coordinate scheduling of bid packages, submittals. NI A
7.1.1.4 Bid Results. D/B shall submit to the City a summary of bid results for each bid package. N/A
7.1.1.5 Bid Protests. DIB shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests. NI A
7.1.1.6 Equal Opportunity ContractinglNondiscrimination. DIB shall not discriminate on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability-ffi-the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. D/B shall
provide equal oppommity for subcontractors to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between DIB and any
subcontractors, vendors, or suppliers. NI A
7.1.1.7 Executing Contracts. DIB shall be responsible for entering into subcontracts, in DIB's own
name, with the bidder who in DIB' s discretion and professional opinion best meets the
monetary, time, and 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.
7.1.1.8 Additive Alternatives. DIE shall require additive alternates for extended warranties in bid
packages for rooting and HV AC systems. NI A.
7.1.2 lvfeetings. D/B shall conduct meetings identified below:
7.1.2.1 Preconstruction :tYleeting. D/B shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, Oi) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. DIB shall ensure that the preconstruction meeting is attended by DIE's
project ~anager, all D/B's major subcontractors, the City's designated
Representative, and all other persons necessary as determined by D/B or City.
7.1.2.2 Progress tvleetings. DIE shall conduct weekly progress meetings with the City and appropriate
design and construction members.
7-i!3
7.1.2.3 Contractor I'vleetings. DIB shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3.1 DIE 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 pmiies, and DIE has given no less than five (5) Calendar Days
prior written notice of the rescheduled meeting.
7.1.2.5 Minutes. D/B shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. DiB shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated GIS, and verify that the latest changes to the Project, if any,
have been made.
71.3 Construction Afanagement. During construction of the Project, DiB shall perfonn 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 constmction of the Project.
7.1.3.1 Rtsident J\lIanagement. D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
ofthe'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 DiB resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
N/A
7.1.3.2 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations. The D/B shall prGltide
records management and document control infonnation in a manner consistent with the City's
reporting system. As it applies to this project.
7.1.3.3 Cash Flow. DiB shall develop a project-specific Plan for defining, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation. N/A
7.1.3.4 Reporting. DIB shall keep City informed of the progress and quality ofthe design and
construction of the Project. N/A
7.1.3.5 Documents On-Site. DIB 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, Security, and Compliance. DIB shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.4.1 Persons. DiB shall be fully responsible for the safety and security of its officers, agents, and
employees, City's officers, agents, and employees, and thirdparties authorized by DIB to
access the Project site.
7.1.4.2 Environmental. DIB shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, DIB shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/B shall be responsible for
the environmental consequences of the Project construction amI shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Clean \-Vater Act, Executive
Order number 11738, and the Stormwater Management and Discharge Control Ordinance No.
0-17988 and any and all Best 1vlanagement Practice guidelines and pollution elimination
7-16
L
requirements as may be established by the Enforcement Official.N/A Repair to existing
structure.
7.1.4.3 Risk of Loss. D/B is responsible for the Project, project site. materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto, including by theft, fire, or other
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. N/A
7 1.5.1 ivlaterials Testing. DIB shall pay for and coordinate with City to have all material tests within
the Public right-oF-way and any asphalt paving completed by City's N[aterial Testing
Laboratory. NfA
7.1.5.2 Surveying. DIB shall pay for and coordinate with City's designated Representative all
surveying required within the Public right-of-way. N/A
7.1.5.3 Follow all Laws, Rules, and Regulations. DIB agrees to follow all City standards and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary pennits. N/A '
Traffic Control. DIB shall address all traffic control requirements for the Project including, if
necessary, separate traffic control plans and/or notes'. N/A
7.1.6
7.1.7
7.1.8
7.1.9
7.1.10
Abatement. DIB,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.
Inspections. DIB 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 DIB 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.
~
Permits. The Parties acknowledge that the construction work to be performed on the Project by DfB in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by D/B."In the event that City, or any other
governmental agency, unreasonably refuses to issue the pennit(s) necessary to authorize the work to be
performed or if the pennit(s) are unreasonably canceled or suspended,-then DIB is relieved from its
obligation to construct those improvements covered by the denial of said pennit(s). City shall, under
such circumstances, pay DIB the reasonable costs, not to exceed the amounts identified in this
Agreement, for all work completed up to the date of denial of said pennit(s). All plans, specifications
and improvements completed to the date of the denial, suspension or cancellation of said permit(s)
shall become the property of City upon D/B's receipt of payment in fuJI as described above.
Afaintenance. DIB shall ensure Project is maintained in a clean, neat, sanitary and safe c~:lOdi~ion free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DIB shall be
responsible for on-going site maintenance. Prior to Final Completion, DIB shall cause to be removed
from and about the Project all tools, construction equipment, machine 1)', 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 Requestfor Information ("RFf"). Parties acknowledge that the RFI process is solely for
correspondence between DIB and the City. DIB shall submit copies of each RFI to City at the within
twenty-four (24) hours of receipt. DIB shall issue responses to RFls. Unless DIB specifically requests
a City response, City will not respond to RFIs.
7-r7
7.1,12 Review and Approval. DIE shall provide timely review and approve shop drawings, samples of
construction materials, product data, schedule submittals, and either submittals for compliance with the
Construction Documents. D/B shall keep the City advised of all such matters being reviewed and
approved by DIB and forward copies of such documents to City for review.
7.1.13 Royalties and Other Fees. DIB shall pay royalties and license fees, if applicable. DIB shall defend
suits or claims for infringement of patent rights and shall d~fend and hold City and City's agents
hannless from loss on account thereof.
Provide City with a Detailed Construction Schedule within fifteen t 15) working days after receiving Notice to
Proceed with Phase IL.\RTICLE VIII. SUBCONTRACTING
8.1 Subcontractim!.
8.1.1 Design Services. D/B shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects',
engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit "C".
DfB shall not be pennitted to substitute any Design Consultant unless authorized by City. N/A
8.l.2 Construction Services. DIE shall perfonn all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proiect Schedule. DfB 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 Gi\tfP or Contract Time of the Project shall not be exceeded and that
is consistent with the Standard of Care identified in Section 4.1. Schedule shall be submitted as a word
document.
9.1.1 Project Schedule. DfB 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 DIB's Obligation. Subsequent to the effective date of this Agreement, DIB shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the DfB shall submit an updated Project
Schedule to City monthly for approval. .
9.1.2.2 During Construction, DIE shall submit ~n 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 \Vork and/or Services was
perfonned (% complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9 1,3 Detail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit
"A", or it shall be in the fonn subsequently agreed to by the Parties.
9.1.4 Submittal. Project Schedule shall be submitted to City.
9.2 Proiect Comoletion. DIE acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by t~e Project Completion Date stated in the Project Schedule
9.3 ChaO!:!"cs 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. DEL..\ Y IN PERFORMANCE
7-1~
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. DIB shall perfonn all Services and \Vork as expeditiously as is consistent with standard of
care identified in Section 4 I.
10.2 Notification of Delav. If the DIB anticipates or has reason to believe that the perfonnance of Services' and lor
Work under this Agreement will be delayed, the DIB shall immediately notify the City. A written notice of the
delay must be delivered to the City within five (5) Calendar Days of the initial notiflcation, unless the City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estim~te of the length ofIhe delay, and all
supporting data, The D/B shall include'a written statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in OMP. 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.
10.3 llih!Y: If delays in the perfonnance of Services or \Vork required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the DIE to a reasonable extension
of time or to additional compensation. Any such extension of time must be approved in writing by the City
The following conditions may justify such a delay: war; changes in law or government regulation; labor
disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DIB's work; inability to obtain materials, equipment, or labor; required additional Profc:ssional
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 DIB shall not be entitled.to an extension of time, additional costs, or
expenses for, a delay caused by the acts or omissions of the DIB, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle'
the DIE to an extension of time unless the DIB furnishes the City, in a timely manner, documentary proof
satisfactory to City of the D/B's inability to obtain materials, equipment, or labor.
10.3.1 Caused by City. If DIB reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GNIP or Contract Time being exceededor the ~roject being
completed late, DIB will notify City at Project Team meeting and in writing within five (5) calendar
days of discovering such action, inaction, decision, or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action, inaction, decision or direction, D/B
shall provide complete and accurate pricing within ten (10) calendar days ofs~id discovery.
10.4 Costs of Delav/Liauidated Dama!!es. City and DIB recognize that time is of the essence in this Agreement
and that City will suffer tinancialloss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that DIB
shall pay as liqujdated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project, the following amounts which DIB expressly agrees are "not
unreasonable under the circumstances" as deflned in California Civil Code S 1671(b): $100 for each calendar
day Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the orvlP 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 One Hundred Two Thousand and
Ten Dollars (SI02,010.00). The City's obligation under this Agreement shall not exceed the Estimated Cost;
however, once a Gr..-lP is detennined and approved, the Ol\ifP shall become the not to exceed amount of the
City's obligation. GwfP is subject to change pursuant to methods established in this Agreement.
7-119
11.1.1 Cost Schedule. The ENIP 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 DIB for
a specific activity or portion of the Project shall not exceed the associated Itemized Cost. N/A
11.2 GMP At 90% complete construction documents, DIB shall establish a GMP and submit such GNIP to the
City for approval.
11.2. I Notto Exceed Amounl. The GMP shall not exceed $102,010.00. Any costs incurred by D/B in excess
of said GNIP shall be the sole responsibility of the DIE, unless a Change Order is approved by the City
pursuant to Article XIII of this Agreement.
11.2.1.1 Included Costs. In calculating the GwIP, DIB shall include costs of the following:
I1.2.l.t.l AI( Design Consultants, including but not limited to electrical, lighting, and
consultants. . tJ/I;:,. ~"9
lI.2.1.l.2 Estimating, value engineering and construction management.
lI.2.l.I.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and at! other DIB 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 DIB
exceed 90% of the fair market value of anyone piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work. N/A
-11.2. I.I.5 All Hard Construction Costs. See Exhibit A
11.2.1.1.6 Contingency Fund, $ 5,000.00 which shall be included in the G1vlP. Unused
amount shall be reimbursed to the City of Chula Vist~ at project completion.
11.2.1.1.7 Reimbursable Costs. See Exhibit A.
11.2.1.1.8 D/B Fixed Fee for the complete design and construction of the entire Project as
specified in the 90% CD's.
lI.2.1.1.~ No more than $1,000.00 for Design Services.
11.2.1.1.10All home-office anq field overhead costs of any type including document control
and retention;
11.2. I. I.I I AIl business license costs;
11.2.1.l.1~All profitDIB intends to earn under this Agreement.
11.2.1.1.1JAll direct and incidental costs incurred by D/B, except for those specifically
identified in the General Conditions section.
11.2.1.1.14 OTHER. The City will hold 10% 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 DIB for all permitted costs of any type
incurred by DIE in performing all services and, obligations under this Agreement.
11.2.2 ltemi=ation. DIB shall provide City with an itemization of the GNIP that reconciles the G;YlP with the
itemized costs. The itemization shall include the following:
1 I .2. 1.1 D/B Fixed Fees. The $ 5,640.00 fee charged by the contractor for staff, equipment, office
space and overhead during the term of the project is included.
7-2e
11.2.1.2 Hard Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable D/B Contingency Fund.
11.2.1.3 Bonds, and In'surance.
1 i.2.3 Alternate Bid Items. DIE shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project will not exceed the GNIP.
11.2.4 Adjustments to G/viP Based on Approved Change Orders. GiYIP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
11.2.5 Adjustments Based on Other CQst Increases. GtvIP may be increased due to: (i) acts of God, acts orany
governmental authority, the elements, war, litigation, shortages of material, labor strikes, inflation,
later commonly accepted or adopted higher standards and specitications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond DIE's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by OIB. The Gi\{P may be increased by the amount of such increases; however,
if GNIP as proposed to be increased shall exceed the Estimated Costs, such change to GJ\'lP shall be
subject to approval by City Council.
11.3 Dut\' to Advance Costs. DIE shall advance all costs for Project subject to Reimbursement in the manner
described in Article XVI. Nt A. .
11.4 Use of Proiect Contine:encv. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to O/B's, its officers', agents' or employees' failure to perform
\Vork 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 ofD/B, its officers, agents, or employees.
11.5 Notification of ['"creased Costs. If, at any time, the DIE anticipates that the amount expended on the Project
will exceed the Estimated Cost or the Gi\tIP, when established, the O/B 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 D/B believes
will bring the Project cost to within t.he Estimated Cost or GJ'vlP. Following the delivery of the Notice, DIE
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of\Vork 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 DIE, 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 th~ bidding process, DIB shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. D/B shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty (20) Calendar Days ofDIB's receipt of submittal. Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and all laws, codes, pemits
or regulations.
12.2 Substitutions. D/B 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. DIB agrees that City requires Consultant's input and as such OIB shall coordinate a Eve (5) Working
Day review by its Consultant.
12.2.1 Substantiate Request. DIB shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
7-2'
12.2.2 D/B Representations. By submitting a substitution request, DIB is representing to City all'ofthe
follow.ing: (i) DIB has investigated proposed product and detennined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii) D/B shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in.all respects;
and (iv) DIB 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 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 Samples.
12.3.1 Postage. Samples shall be sent to D/B's office, carriage prepaid. NIA.
12.3.2 Review D/B shall furnish to City for review, prior to purchasing, fabricating, applying or installing,
(2) two samples (other than field'samples) of each required material with the required finish. N/A.
12.3.2.1 \Vhere 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
submit:ted. N/A.
12.3.2.2 DIB shall assign a submittal number. DIB shall include with each submission a list of all
samples sent, a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information. N/A.
12.3.2.3 All materials, finishes, and workmanship.in the complete building shall be equal in every
respect to that of the 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 D/B'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 Not a Release of Liability. City's review of samples in no way relieves DIB ofD/B's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testin2. \Vhen appropriate, DIB shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
, '
13.1 '''hen Reauired. Change Orders shall be required in the following instances:
13.1.1 GMP. Any adjustment in GNlP.
13.1.2 Contract Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use ofContingenc)! Fund. At any time DIE seeks to use the Contingency Fund, irrespective of impact
on the G?vIP or Contract Time.
13.1.4 City Requests. The City directs DIB to perform Additional Services.
13.1.5 Other Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Approval of Chan2e Orders. \Vithin five (5) Calendar Days of any event that gives rise to the
need for a Change Order, the D/B shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the GMP,
Project Schedule, or project quality established during the design and subminal 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
7-22
categorized into DIE 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 Ordenvi!1 have on the Contract Time.
13.2.1 Project AIanager Approval. If the Change Order request does not result in an increase in the Estimated
Cost, the City Representative shall either approve or reject the Change Order in writing within ten (to)
Working Days ofreceiv.ing DIE's written notice, provided DIB has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to D/B's written notice within
the ten (10) \Vorking Days, the Change Order request shall be deemed denied.
13.2.2 (.:ity 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 13.2.1.
13.3 ',",ritten Aporoval of Chanl!e Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Ser,:ices or Work, which require t he approval of
a Change Order, perform by DIE prior to approval shall not be reimbursed.
13.4Failure to Al!ree on Cost of Chan!!e 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 \Vorks is challenged, such challenge shall be addressed in the
manner identified in Sectipn 30.11. DIE 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 Works or, if applicable, final resolution. Instead, DIB shall
continue diligently prosecuting all such services and work.
13.5 Full Comoensntion. Payment to DIB for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By
executing a Change Order, the D/B or DIB 's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.6 Errors and Omissions. DIB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, D/B's negligence, or the negligence of any of DIB's agents or subagents. DIB .
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, DIB's negligence, or
the negligence of any of DIE's agents, or subcontractors.
13.7 City Refusal to Aporove Chan!!e Order. DIB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 13.2.1 andlor 13.2.2
ARTICLE XIV. EXTRA WORK
14.1 City Authority to Order Extra 'York. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Writing. All requests for Extra \Vork shall be in writing, shall be treated as, and are
subject to the same requirements as Change Orders. D/B 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 \Vork. D/B's and its agents' bonds, required under Article x.."XIV, shall cover any
Extra \Vork provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra ',",ark. \Vork performed by DIB as Extra \Vork is reimbursable in the same
manner describt;:d in Article XIV. The Project contingency as described in Article XI, will be used first to
cover the costs of Extra \Vork.
7-'i~ I
14.4 J\tlarkup. DIB wil! be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed tive percent (5%) of the approved costs for the Extra \Vork.
ARTICLE XV. CHANGED CONDITIONS
15.1 Chanaed 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
GiVlP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DIB shall provide City with value engineering and Parties wiil return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Payment
16.1.1 Funds/or Payment. DIB shall only be entitled to payment for Services and \Vork performed under
this Agreement from the funds appropriated for the Project.
16.1.2 ll;{a.-rimum Payment. DIB shall be entitled to payment in an amount not to exceed the GiV1P or
subsequently approved increase in GivrP. D/B is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by DIB negligence, omissions, or failure to
seek approval for additional o~ increased costs.
16.1.3 Application/or Payment. DIB shall submit to City a certificate and application for payment on or
before the 5th day of each calendar month ("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs, less
any payments previously made by the City, incurred or advanced for the Project for which D/B 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 DIB provide additional documentation. DIB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DIB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the PaymemAppli(~ation, City
shall make payment to DIB of all uncontested charges within sixty (60) Calendar Days of receipt ofa
complete Payment Application.
16.1.3.1 \Vithholding. From each payment, ten percent (10%) will be deducted and retained by the'
City, and the remainder will be paid in accordance with the t~rms and conditions of this
Agreement. No payment made to DIB or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election ofD/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 DIB for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1 Where a Stop Notice or Nlech:::mic's Lien has been tiled 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 Contested Charges. In the event City contests any charges contained in the Payment Application, the
dispute shall be resolved in the manner identified in Section 27.1l.
16.1.5 CutojJforSubmission of Reimbursement Requests. DfB 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.
7-g
16.1.6. Verification of Reimbursement Request. D/B shall supply documentation to support the
Reimbursement Request including, but not limited to, proof that aU 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 conn'ection with the Reimbursement Request in the
following rnarmer: .
16.1.6.1 DIB shall submit ~vo (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 reirnbursem'ent is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1.7 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 D/B the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for ~ity.
In addition, D/B is not entitled to reimbursement for any cost or expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there-under.
ARTICLE XVII. INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum, the following: L)
representatives of the City, ii.) representative from DIB's Design Team, iii.) the Construction !vlanager, and
iv)Representative, (v) DIB's Consultant(s), and (e) the DIB's construction superintendent [Inspection Team]
17.2 Inspection StfH!CS. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i) when required by code, (ii.) as directed by the "Special Inspections" provisioll;\iii) bi-weekly.
17.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
'agencies with jurisdictional interests will have access at reasonable times, with the project manager's approval,
for this observation, inspecting and testing. DIB shall provide them proper and safe conditions for such access
and advise them 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 \Vork is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. DIB 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 shaH 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 DIB.
17.7 Conccalilll! Work. Prior to concealing work, DIB shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend \Vork activities which will conceal or cover
up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time. and D/B will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.8 Defective \Vork. 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 X,'XII shall apply.
17.9Not a \Vaiver of Obli2'ations. Neither observations by the City nor inspections. tests, or approvals by City or
others shall relieve D/B from DfB's obligations to perform the \-Vork in accordance with the Construction
Documents. This 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, penn its or regulations.
7-~9
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to City. When D/B detennines that the Project is comple"te, DIB shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the DIB '5 determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents. all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
18.2 \Valk-Throu2h Insnection. A preliminary \Valk-Through Inspection shall be conducted by City within ten
(10) Working Days following DIE'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 Punch Lisl. A Punch List, if necessary, shall be prepared by City during the Walk-Through [nspection.
The Punch List shall be presented to DIE by the RE within three (3) Working Days of the Walk-
Through Inspection. DIB shall correct the iteins listed on the Punch List within thirty (30) Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Identify items. As to any itel)1s not included on the Punch List or later discovered, nothing
in this section is intended to limit DIB's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
18.3 EQuioment Demonstration. Prior to final inspection, DIB shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data. NIA
18.3.1 Startup. The DIB shall supervise, manage, and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents. NI A
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. N/A
18.4 Final Insoection. Provided DIB has corrected the Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conaucted within ninety
(90) Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acccot:lllce. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, City shall accept the Project
("Acceptance"). Upon Acceptance, DIE shall do all of the following:
19.1.1 Notice a/Completion. DIB shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and Afaterial Releases. DIB shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
upon approval 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 Comoletion. Final Completion of the Project shall be deemed to occur on the last date of the [cllowing
events: (i) recordation of the Notice of Completion with a confonned copy to City; (ii) submission ofall
documents required to be supplied by DIB to City pursuant to this Agreement, including GIS information,
warranties, and operating and maintenance manuals; or issuance ofa finat certificate of occupancy.
19.2.1
As-Bui/ts. City will evaluate the submitted As-Builts for accuracy and completeness and may return
corom.ents. DIB 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 btueline sets of As-Builts stamped by the architectJengineer of record as required by law.
N/A
7-~6
19.3 No \Vaiver. DIB's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to DIB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review ofa shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect Dcliverables. Prior to Acceptance, DrB shall deliver all of the following to the City in the format
required:
20.1.1 As-Buills. DIB shall provide As-Builts in paper format. Refer to Section 19.2.1 only.
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. DIB shall clearly identifY the item by accurate note such as "cast iron
drain," galvanized water, etc. D/B shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed'" etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. p/B shall
thoroughly coordinate aU 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. N/A
20.1.1.2 DIB shall include all of the following on the As-Builts: NI A
20.1.1.2.1 Depth of foundation in relation to finished first floor.
20.1.1.2.2 Horizontal and vertical locations of under ground utilities and appurtenances. with
references to permanent surface improvements. N/A.
20.1.1.2.3 Locations of internal utilities an~ 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.l.1.2.6Details not 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 v.erifYing layout information. N/A.
20.1.1.2.8Show locations of all utilities on-site with size, and type of pipe, if different than
specified, and invert elevations of pipe at major grade and alignment changes.
N/A.
20.1.1.2.9The title "PROJECT RECORD" in 3/8" letters.
20.1.1.3 OrB shall maintain a set of As-Builts at the Project site for reference, D/B.shall ensure that
chang~s 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 and Afaintenance At/anllaIs. DfB shall submit all Operation and Maintenance manuals
prepared in the following manner' N/A for this project.
20 1.2.1 . In triplicate. bound in 811z x 11 inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to City's Final Inspection.
7-27.
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 DlB'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 ofDIB's agents, suppliers, manufacturers, and installers.
In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product d,ata; and (viii) warranties.
20.2 Ownershio of Proiect Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. D/B and City mutually agree that the Contract documents for the Project
shall not be used on any ocher work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenancel service contracts, and
maintenance and operating manuals .
ARTICLE X."XI. WARRANTIES
21.1 Warranties ReQuired. DIB shall provide and require its agents to provide the warranties listed below. This
warranty requireIT!ent is not intended'to exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied by law.
21.1.1 i.Hateria/s and Workmanship. 'DIB shall guarantee, and shall require its agents to guarantee, all roofing
materials for the Project against defective workmanship and materials furnished by DIB for a period of
five (5) years from the date of Project's Final Completion. DIB shall replace or repair any such
defective work in a manner satisfactory to City, after notice to do so from City, and within the time
specified in the notice. Ten-year warranty applies to a.efective fixtures, lamps and..photocells, but does
not include labor or equipment for in service (field) replacement.
21.1.2 New Alateria/s and Equipment. DIB shall warrant and guarantee, and shall require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Design, Construction, and Other Defects. D/B shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, construction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on D/B's and
DIB's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
warranties shall be submitted in the fonnat specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty. .
21.2.1 Durable Binder. Obtain warranties, executed in triplicate by D/B' and manufacturers. Provide Table of
Contents and assemble in binder with durable plastic cover. NIA
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. N/A
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing. N/A
21.2.4 Detail. Provide full information, using separate typewritten sheets, as necessary. ListDlB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
21.2.5 Warranty Starr Dale. Except for items put into use with DIB's permission with date mutually agreed
upon in writing, leave date of beginning oftime of warranty apt::n until the date afFinal Completion.
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21.2.6 Signature and Notari::ation. All warranties shall be signed and notarized. Signatures shall be required
from D/B.
21.3 Term of 'Va rranties. Unless otherwise specified or provided by law, roofing material warranties shall extend
for a teon offive (5) year(s) from the date afFinal Completion.
21.3.1 Plants, Trees. and Shrubs. Not withstimding 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. NI A.
21.4 Meetine:s. During the five (5) year warranty period described in Section 21.3, DIB shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting 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 five (5) year warranty period. N/A.
21.5 \Varrantv Insoection. At 180 and 360 days following Final Completion, during the one-year general building
warranty period, DIB 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. NIA.
ARTICLE x..XII. DEFECTIVE WORK
22.1 Correction. Removal. or Replacement. Ifwithin the designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective \Vork, the DIB shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
22.2 City's Ri!!ht to Correct. If circumstances warrant, including but not limited to an emergency or DIB's failure
to adhere to section 22.1, City may correct, remove, or replace the Defective \Vork. In such circumstances,
DIB shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs. All costs incurred by DIB or DIB's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the DIB for the defective work, City is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount, or to make a claim against DiB's
bond ifD/B has been paid in full.
22.4 Extension of\Varrantv. \Vhen Defective Work, or damage therefrom, has been corrected, removed, or
. replaced during the warranty period, the five~year, or relevant warranty period, will be extended for an
additional one year from the date of the satisfactory completion of the correction, removal, or replacement.
N/A
22,5 No Limit~ltion 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. IfDIB and City are unable to reach agreement on disputed work, DIB shall not have the right to stop
or delay in the prosecution or any Services of Work, pending the determination of the Director of Public Works
or. if applicable, final resolution. Instead DIB shall continue to diligently prosecute all \Vork and Services.
During the time of the dispute, the City shall withhold the amount of the charge in question and compensate
DIB for undisputed amounts. Payment of disputed amounts shall be as later determined by the Director of
Public \Vorks. If this decision is contested, the claims procedure in 27.11 shall be followed. DIB shall
maintain and keep all records relating to disputed work for a period of three (3) years in accordance with
Article XXVII.
!
ARTICLE XXIII. MAI;'iTENANCE OF LA.c'lDSCAPING & IRRIGATION WORK
23 1 Maintenance Period. If DIB is required to install or maintain landscaping andlor irrigation, DIB shall provide
a maintenance period which shall begin on' the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
7-~9
and shall continue thereafter for ninety (90) Calendar Days or until Project Acceptance, whichever is longer
N/A.
23.2 i\laintenance Area. DIB or DlB's Contractor shall maintain all involved areas of the ~roject. N/A.
23.3 I\tlaintenance Reauired. D/B or D/B's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and
disease controlling, spraying, wet':ding, 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. Nraintenance 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 Landsc::loe and Irrh!atioll 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 the plant
maintenance period commencement, or when the DIB or DIB's contractor notifies the City that they are ready
for the final inspection, whichever comes last. The City will notify D/B of all deficiencies revealed by the
inspection before acceptance. N/A.
23.5 Extension of Maintenance Period. DIB shall extend completion of the maintenance period when, in City's
opinion, improper maintenance andlor possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. DIB shall be responsible for additional maintenance of the
work until all of the work is completed and acceptable. Additional costs for failure to maintain landscaping
during the Nfaintenance 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 haY..e-been damaged,
within the installation, maintenance and guarantee periods, shall be replaced within fourteen (14}'Working
Days of notification by City. DIE shall include, at DIB's or DIE'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, ifany, and estimate of time required to regain vigor and specified size.
N/A.
23.6.1 Same Kind and Size. Plants used for replacement shall be same kind and size as specified and shall be
furnished, planted and fertilized as originally specified. Cost of all repair work to existirig
improvements damaged during replacements shall be borne by DIB and shall not be Reimbursable
Costs. N/A.. "t':~'
, , .
~ '" .~"
ARTICLE XXIV. BONDS
24.1 Payment Bond. DIE 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.N/A
24.2 Performance Bond. DIB 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 GiVlP.
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 the filing date of the Notice of Completion.
24.4 Certificate of A!!cncY. All bonds signed by an agent must be accompanied by a certified copy of such age'nt's
authority to act.
24.5 Licensing and Ratin!!. 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
7-~~
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 Attomey.
24.6 Insolvencv or Bankruotcv. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located, DIB shall within seven (7) Calendar Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25 1 Indemnitv Defense and Hold Harmless - General Reauirement. Except for liability for Professional
Services covered under Section 25.2, DIB shall defend, indemnify, protect and hold hannless 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 aHeged acts, omissions, negligence, or willful misconduct
ofDIB, its officials, officers, employees, agents, and contractors, arising out of or in ,connection with the
perfonnance 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) arisi~g 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 whi.ch may be in combination with the active or passive negligent
acts or omissions of the D/B, its employees, agents or officers, or any third party.
25.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,'
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and hannless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage orlriJury, in.law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, DlBs, and contractors arising out of or in connection with the perfonnance of the
Design Professional's Services. ALm covered is liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold hannless 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 altars, affects or modifies,the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Ston Notices. The DIE shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The DIB shall defend, indemnify,
protect, and hold hannless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to a failure
to pay claimants. D/B shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous i\'laterials. D/B agrees to defend, indemnify, and hold hannless, the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the
Hazardous Materials identified in the Phase I or Phase II Reports, if any, conducted pursuant to Article V.
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. N/~ ~1J
25.5 Costs of Defense and Award. Included in the obligations in Sections 25.1 through 25.4, above, is the DIE's
obligation to defend, at DIB's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers,
employees, agents'andlor volunteers. DIB shall pay and satisfy any judgment, award or decree that may be
7-36
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.
256 Insurance Proceeds. 'D/B's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, offLcials, officers, employees, agents, and/or volunteers.
25.7 Enforcement Costs. D/E agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article x..,XV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
26.1 General. D/B shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting e'vidence 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 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance \vritten on an ISO Occurrence form CG 00 0 I 0798 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, independent contractors, products/completed operations, personal injury and
advertising injury, bodily injury, property damage, and liability assumed under an insured's contract.
(including the ~ort liability of another assumed in a business contract). There shall be. no endorsement
or moditication 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 one million dollars ($1,000,000) per occurrence for Bodily Injury, person<iTTri.jury, 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 Liqbility. For all ofDfB's automobiles used in conjunction with the Project
including owned, hired and non-owned automobiles, DIB shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 1290 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
26.2.3 Architects and Engineers Professional Liability. For all ofD/B's employees who are subject to this
Agreement, D/B shall keep in full force and effect, or DIE 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 (S2,000,000) annual aggregate. DIB shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years after the date of completion or termination of this Agreement. DIE 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 E..'Ccess Liability DfB shall provide Excess Liability Insurance affording two million dollars
(52,000,000) 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. .
7 - 'Jt4
26.2.5 Contractors Pollution Liability If the D/B or its Contractors' \Vork 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 $1,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation. N/A
26.2.5.1 Claims made policies will include.a five (5) year Extended Claims Discovery Period
applicable to this Agreement, ifreasonabty available. N/A
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. N/A
26.2.5.3 The D/B or its Contractors of any tier shaH furnish to the City a policy or Certificate of
Contractors Pollution Liability Insurance in which the City, its elected and appointed
officers, employees, ~nd agents, and the D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal- Site, and
the permits secured for its disposal. This Certificate must be furnished to the City,
evidencing compliance with the outlined requirements, prior to the DIB or Contractor
beginning their \Vork on the Project. Any failure to furnish this policy or Certificate of
Insurance shall not relieve the D/B or Contractor from th~ir obligations under this Section.
N/A.
26.2.6 Ha=ardous Transporters Pollution Liability. If the DIE's or its contractors' Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the DIB
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance
in an amount not less than S3,000,000 Combined Single Limit per occurrence/Aggregate for bodily
injury, property damage and remediation. N/A
26.2.6.1 Claims Nlade 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 WG+k-performed under
this Agreement. The D/B or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the 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 \Vork on the Project. Any failure to 'furnish this policy or
Certificate of Insurance shall not relieve the D/B or Contractor from their obligations under
this Section. N/ A
26.2.7 Worker's Compensation. For all of DIB's employees who are subject to this Agreement and to the
extent required by the State of California, DIE shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect D/B against all claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the DIE to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
(51,000,000) for Bodily Injury by Accident for each accident, one million dollars (51,000,000) for
Bodily Injury by Disease each employee, and a one million dollars (51,000,000) for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City, the DIB shall file the following signed
certification:
"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."
7-3~
26.2.8 Builder's Risk To the extent commercially available the City shall provide a policy of"al1 risk"
Builders Risk Insurance. 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. The limit for this policy shall be a minimum of
S 102,010.00 GMP dollar amount to reflect project soft and hard costs). It shall be DlB's responsibility
to bear the expense of any deductible ($ 10,000.00). The Builders Risk coverage shall expire at the
t~me such insured property is occupied 'by City, or a Notice of Completion is tiled, whichever occurs
first. Contractor and its Subcontractors witl 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 Ratin!! ReQuirements. Except for State Compensation Insurance Fund, all insuranc~ 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 Cali fomi a, and that have been approved by the City.
26.3.1 Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI listJ with a current Ai\1 BEST rating of no less than
A:X.
26.4 Endorsements Reuuired. 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
\Vorkers Compensation, the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additIonal insureds.
26.4.1."1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives. LiabilitY Additional Insured Endorsement must be
provided on ISO fonn 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 DIB oron D/B's behalf, (ii) DIB's
products, (iii) DIE's work, including but not limited to completed operations performed by
DIB or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by DIB: the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include liability arising out of: (i) Ongoing operations perfonned by DIB
or on DIB's behalf, (ii) D/B's products, work, including but not limited to completed
operations performed by DIB or on D/B's behalf, or (iii) premises owned, leased, controlled,
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City ofChula Vista and its respective elected officials. officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the [nsured and
the active negligence of the City of City ofChula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of Cali fomi a
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 i 1580.04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO fonn CA 00011290 or a later version of this
fonn 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
7-3~
officials, officers, employees, agents, and representatives, with ,respect to liability ari,sing out
of automobil~s owned, leased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2782 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an, agreement to indemnify the City ofChula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
under subdivision (b) of Section 2782 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 California
Insurance Code Section 11580.04.
26.4.2 PrimaJY and Non-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 Vista and its
elected officials, officers, employees, agents, and representatives shall be in excessofDIB's insurance
and shall not contribute to it.
26.4.3 Waiver a/Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this Agreement.
26.4.4 Project General Aggregate Limit. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the \Vork shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.5 Written Notice. Except as provided for under California law, the policies cannot be canceled, non.
renewed or materially changed except after thirty (30) Calendar Days prior written notice by DIE to
the City by certified mail, as reflected in an endorsement which shall qe submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shaH be provided.
26.4.5 I 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. D/B may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starting Work Before performing any work, DfB shall provide the City with all Certificates
ofInsurance 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 DIB as additional insureds under its policies.
26.6 Obli!!ation to Provide Documents. The DfB 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 D/B and its Contractors shall cooperate fully with and provide any infonnation or
records requested by the City or regarding all aspects of the insurance and project, including but not
7 - 3:ID
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the D/B.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
rt:sponsibility ofDIB. Deductibles and sel.r-insurance retentions shaH 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 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 Chan2:es. DIB 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 RillhtS. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to detennine if they are acceptable to the City. The City
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that required by this Agreement without overhead, profit, or any other markup.
26.10 Not a Limitation of Other Oblhrations. Insurance provisions under this section shall not be construed to
limit the DIB's qbligations under this Agreement, incll.!-ding Indemnity.
26.11 i\r~lterial Breach. Failures to maintain, renew, or provide evidence of renewal during the telm of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE X:\.'VII. TERMINATION/SUSPENSION OF WORK
27.1 Susnension of\Vork for Archaeoloe:ical and/or Paleontolo!::!ical Discoveries. Ifa discovery is made ofan
archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall
be as directed by City. N/A for this project
27.1.1 Discoveries which may be encountered may include, but are not be limited to, dwe-lling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.N/A
27.1.2 DIB shall be entitled to an ex.tension of time and compensation in accordance with the provisions of
this Agreement.NI A
27.2 Terminntion of Ae:reement bv City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and
proper manner DIB' s obligations under this Agreement, or if DIB shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, City shall have the ~ight to terminate this Agreement
by giving written notice to DIB of such termination and specifying the effective date thereof at least five (5)
Calendar Days before the effective date of such termination.
27.3 Termination or Susoension for Convenience by Citv. City may terminate or suspend this Agreement at any
time and for any reason, by giving specific written notice to DIB of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effe'ctive date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of A!!reement bv D/B. D/B may tenn~nate 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 27.3, for
more than ninety (90) consecutive days through no fault or negligence ofDIB, and notice to resume
\Vork or to terminate the Agreement has not been received from City within this .time period~ or,
27.4.2 Failure to Pay Amounts Due and Not in Dispute. rfCity fails to pay DfB any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by D/B ofa
request therefore.
7-~
27.5 DIB Action Reauired. Upon receipt of the Notice of Termination, D/B 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 DIE and in which City has or may acquire an interest.
27.6 Possession. Ownershio, and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 27.2 through 27.4, all finished or unfinished documents, data, studies, drawings,
maps, plans, specifications, reports and other materials prepared by DIE, or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the
City.
27.7 City Ri!!ht to Comnlete Proiect. In the event that the Agreement is terminated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to nIB Due to Termination. Upon termination, DIB shall be entitled to receive just and equitable
compensation for s8:tisfactory 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 good 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. The~e costs are only for \Vork 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 DIB Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, ifDIB would have sustained a loss o~ the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amo~ payable to reflect
the indicated rate of loss.
27.8.4 DIE and Design Subcontractor services through the date oftennination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by O/B.
27.8.5 Any amounts for Work or Services agreed to by the Cit.y :rvlanager and'DfB, but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effect.ive date of such termination.
27.8.7 If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or
Ill, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will DIB be entitled to any consideration for lost profit or lost
opportunity costs.
27 10Deductions. The amount due DIB shall be reduced by amounts including the following:
27.10.1 Any claim that City has against DIB under this Agreement.
27.10.2 The agreed price for, or the proceeds of sale of, materials, supplies', or other things acquired by DIE or
sold under the provisions of this clause and not recovered by or credited to City.
27.10.3 Damages caused by DIB's breach, including Excess Costs pursuant to Section 27.71.
27 .1OA Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to DIB, the fair value, as
determined by the City i'vlanager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
7-~!
27.11 Disputes. If DiE 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 aftt:r 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 11.1 Claim. D/B 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 DIB 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 al.ldit pursuant to
Section 28.2. DIB shall continue to perform the Services and the \Vork and maintain the Project
Schedule during any dispute proceedings and City shall continue to make payments for undisputed
Services and Work.
27.1 L2 Determination of Claim. \Vithin 30 days of receipt of a Claim, City will deliver a Final Detennination
to D/B. City shall not consider and will return to OIB any written demand that does not confonn to the
requirements of Section 27.11.
27.11.3 Administrative Appeal. IfDIB disagrees with a Final Determination, the Parties shall proceed as
follows:
27.1 L3.1 DIE 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.\1.3.2 Within 15 days of receipt ofD/B's appeal, City will schedule a Settlement
MeetinglAdministrative Hearing. DIE will have an opportunity to present the.Claim to the
Dispute Resolution Board [DRB] consisting of senior management at City. If a settlement
agreeme~t cannot be reache~, the DRB will make a written detennination on the issues
presented.
"27.11.3.3 The DRB shall make a written determination within 30 days after the Settlement
Nleeting/Administrative hearing. The ORB's determination shall be final and binding on DIB
unless DIB submits to City a written objection within 30 days after rec..ript of DRB's
determination. OrB's failure to submit an objection within that 30 day period shall constitute
a waiver of DIB's right to pursue the Claim. If DIE submits a timely objection, the Parties
shall proceed in accordance with
27.11.4 Failure to Prosecute Claim and rVaiver. DIB'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 any and all Work and Services associated with the dispute. With respect to an
event of termination, failure of DIB to dispute amounts paid in the manner and within the timeframe
provided in this Section 27.11 shall act as a waiver of any and all claims for damages or compensation
arising under this Agreement for any and all \Vork and Services performed under this Agreement up to
the effective date of Notice ofTennination. DIB hereby expressly acknowledges and agrees that all
such claims under this Section shall be waived as herein provided.
27.12Ri2hts of City Preserved. In the event that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention
or payment of moneys due DIB by Cicy will not release DIB from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against DIB's performance
bond surety.
ARTICLE XVIII. RECORDS AND AUDITS
28.1 Record System _ Reimbursable Costs. D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DIB shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by DIB, during the previous month. Ifrequested
by the City, DIB shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record System _ Hard Construction Costs. OIB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, DIB shall include with each
7 - 3:B;
monthly application for payment an itemization of all Hard Construction Costs actually incurred by OrB during
the previous month.
28.3 Retention of Records. DIB, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period 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 tennination of this 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 necessary, DIB and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. D/B and all contractors or
subcontractors wil( 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 DIE shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.2,1 Costs. DIB and DIB'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 are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra \V ork have been
submitted under this Agr~ement.
ARTICLE X.XIX. NOTICES
29.1 \Vritine:. Any demand upon or notice required or pennitted 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 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.
lVfail, return receipt requested, (iii) on the succe~ding 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 ReciDients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
293.1 Buxcon Sheet Metal Inc., Tom Buxton Owner.
29.3.2 City of Chula Vista - Gordon Day, Project Nfanager
29.3.3
(Reserved)
294 Recioients of Chane:e Orders.
29.4.1 Buxcon Sheet Metal Inc., Tom Buxton Owner.
29.4.2
29.4.3
29.5 Chane:e of Address(es). Notice of change of address shall be given in the manner set forth in this Arti~le.
ARTICLE X.XX. MISCELLANEOUS PROVISIONS
30.1 Headine:s. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
7 -31~
30.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes the plural number.
30.3 Reference to PanH?:raohs. Each reference in this Agreement to a section refers, unless otherwise stated, to 'a
section in this Agreement.
30.4 Incorooration of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 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 Agreement. No change, alteration. or
modification of the tenns 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. AU prior negotiations and
agreements are merged into this Agreement. .
30.7 Severabilitv. 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 DrafHm! Ambicruities. The Parties agree that they are aware that they have the right to be ~dvised by
counsel with respect-to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision, which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Con tlicts 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 apparent conflict or inconsistency concerning this Agreement.
30.10 Promot Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
30.1l Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement. '
30.12 Further Assurances. City and DIB each agree to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference':
Exhibit A
Exhibit B
Exhibit C
Proposed Schedule of Values
Contract Terms and Requirements as specified in the RFP
Buxcon Sheet Metal, Inc.. RFP
30.14 Compliance with Controllincr 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
shall comply immediately with all directives issued by the City or its authorized representatives under
authority of any laws, s'tatutes, ordinances, rules, or regulations. The laws of the State of California shall
govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction. Ve~ue. and Attornev Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
7 -4:05
Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or procee.ding.
30.16 i\lunicinal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State ofCalifomia.
30.17 Administrative Claims Reauirements and Procedures, No suit or arbitration shall be brought arising out
of this agreement, against the City unless a claim has first been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth 'in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
30.18 Third Partv Relationshios. 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 DIB's contracts, purchase orders and other contracts between D/B and
third pany services. DIB shall"incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Asshmment. The D/B shall not assign the obligati9ns under this Agreement, wheth~r 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 Indeoendent Contractors. The DIB, any consultants, contractors, subcontractors, ancraoy oth~r individuals
employed by the D/B shall be independent contractors and not agents oftbe City. Any provisions oftbis
Agreement that may appear to give the City any right to direct the DIB concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DIB shall follow the direction of the. City concerning the end results of the performance.
30.22 Annroval. 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 \Vaivcr. No failure of eitherthe City or the Consultantto 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 Silmin!! Authoritv. The representative for each Party signing on
behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has
been obtained to sign on behalf of the corporation, 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 Buxcon Sheet Metal, Inc. 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
Agreement.
_.2010 and this date shaH constitute the effective date of this
7-'H
CITY OF CHULA VISTA, A Municipal Corporation
By:
CHERYL COX, Mayor
Attest:
Approved as to form and legality:
DONNA NORRlS, City Clerk
By:
BART MIESFELDS, City Attorney
Dated
2010
EXHIBIT A
(f;1!OM~ /ktje)
7-~
B~.UXCO).f.:
et!) ytJ=.I=.l ~ Y'~!I!
.-. - ,,-
. ..
SHEET METAL, INC.
CHULA VISTA LIBRARY
SCHEDULE
WEEK!
(Sept. 7)
Move on dumpster and Porta-Potty
Remove copper panels
Remove existing gutter
Repair interior drywall/paint
WEEK 2
(Sept. 13)
Re-slope new troughs
Lay-in Rainproof Roof Guard
Measure and fabricate new copper gutter
Start Install of new gutter
WEEK 3
(Sept. 20)
Finish install of new gutter
Patch stucco
Re-lay old roofpane!s
WEEK 4
(Sept. 27)
Finish roof panels
Install new coping
Install new leader heads & downspouts
Clean-up
Final Test & sign-off with the City
l1222 WOODSlDE AVEc.lJE, NORTH S,,,"'iTEE, CA 92071
CALlCENSE#331443 C43-C20-B (6l9) 937-0001 FAX (619)443-0179
7-43
AlA DOCUMEln
G.C.:
JOB ChulaVislalibrary
/lpplicatonNo,:
Application Dale:
Period To'
ProjeclNo
SubCon\racll,o
A 8 C 0 E F G H I J K
IIVORKCOMPLETED MATl:;RIALS 10TALC01/.PLETED RETAIW\GE
ITEM DE.SCRIPTlONOFWQRK SCHEDULED VALUE FROM PREVIOUS THIS PERIOD PRESE1HlY AND STQPE.D TO OATE PERCENT1GICI IlALANCETO Fltll:;;H RETAINAGE 10% T~isPenod
no. APPLICATION STOPF.DI11OTIN ID'e+F) (C_Gj '"
OOREI
Design Phase 1,00\1.00
1,00000
Construction Phas~ 1000%
Labor to demo eXlslinp r6nearool1ng material. remove
down dram inlels,re-directflow and re-nstall copper
19u1ters 47,00000 - - 47,000,00
2 Malerialcost 33,18000 33,18000
3 DrywailRepairand Paint nteriorsurfaces 300000 - - 3,000,00
4
5 )
G
7
8
9
10
"
12
13 -
Soft Costs
14
15
General Conditions I I I I I I I I I
16 Mobilization & equipment 2,000,00 2,000.00
17
I Fixed Fees -I I -( I 1 I 1 I
18 Management 5,540.00 5,540.00
19
Insurance, Bonds
InsuranC!J,8onds 1,860,00 1,860,00
T" 3,330.00 3,330.00
Original Contract 97,010.00 97,010.00
Contingencios $5,000.00 5,000.00
Reimbursables
CHANGE ORDERS
26
27 -
ApprovedCQ's_Subtotllt - 5,000.00
I
PROJECT TOTAL I $102,010_00 I 102,010.00 I
"""
"""
I
r-
CIll'bfary_CdySOVSOV""onlr~Cl'I2l/2010
EXHIBIT B
7-45
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- ;"'.' ....:':.,... ':-,," ',""",',.<":- . '~.. "-;',. "
~-~
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~.,..~~
CllY OF
CHUlA VISTA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
DESIGN BUILD SERVICES FOR
THE RE-DESIGN AND CONSTRUCTION REPAIR OF
THE SOUTH CHULA VISTA LIBRARY COPPER ROOF DRAINAGE SYSTEM
IN THE CITY OF CHULA VISTA, CA
RFP ISSUED:
May 26,2010
SUBMITTALS ARE DUE BY:
June 16, 2010
4:00 pm
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
7-46
TABLE OF CONTENTS
1. h'lTRODUCTION................................................................... .............................................1
11 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..........................................................................6
III DESIGN BUILDER SELECTION PROCESS....................................................6
N REQUEST FOR PROPOSALS SCHEDULE................................................ .....6
V PUBLIC DISCLOSURE................................... .................. ...... ............... ....7
VI SUBMITTAL REQUIREMENTS................................ .......... .................. ......7
V11 CONTRACT TER\\1S Ai'lD CONDITIONS.......... ......................... .............. .....8
ATTACHMENT 1 - SPECIAL PROVISIONS............... .............................. .......... ....II
ATTACHMENT 2 - SAlVIPLE DESIGN BUILD AGREEMENT................ ...................13
7-47
The following Request for Proposal (RFP) pertains to the copper roof drainage re-design,
construction and drywall repair at the South Chula Vista Library. Finns with design build
experience are being solicited to present proposals for review. Based upon the submitted
information, qualified candidates will be reviewed and the best proposal selected as
perinitted by the City's Design-Build Ordinance.
1. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide design build
services to the City with: value engineering, conceptual design, constmction and constmction
management for the re-design, repair and installation of a properly functioning copper roof
drainage system at the South Chula Vista Library in the City of Chula Vista. The City
currently has a proposed budget of$ 105,000.00 for the design and construction phases of
the proj ect.
All DBT members shall be licensed and registered with the State of California, as required.
This RFP document describes the typical elements of a project, the required scope of
services, the selection process, and the minimum information that must be included in the
proposal subrnittal.
This RFP is intended to allow for the following scenario:
. DBT, created by the DB, prepares all planning and/or conceptual documents.
This scenarios will result in design development, construction document preparation and
constmction of the project.
This RFQ does not commit the City to award a contract, to pay any costs incurred in the
preparation of submittals to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP.
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
7 48
1
II SCOPE OF SERVICES
The DBT shall re-design and make construction repairs to the existing copper roof for a new
rain event drainage system. The DBT will also repair water damaged areas including any
necessary mold abatement inside of the library during off hours to comply with all the
applicable federal, state and local laws, including the American's with Disabilities Act-
Accessibility Guidelines (ADAAG) and Title 24 of the California Code of Regulations.
A. Project Control (All Phases)
The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination/interface with the City and its other consultants/contractors
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and quality control
B. Design Phase Services
Utilizing the City's required standard speCifications, facility program requirements, Federal,
State and local laws, and City performance and design criteria, approved planning documents
(if available), and reports that will be identified in the Designffiuild contract, for a typical
project, the DBT will:
1. Prepare, submit and receive City approval for any site-specific
planning/environmental documents, if required.
2. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the design for all elements of the project; architectural design,
structural engineering, and any specialty consulting area.
4. Incorporate the requirements ofpermitling agencies as may become apparent
in the course of design. The DBT shall apply for and secure all permits and
provide all necessary reports, studies and support required to obtain all
required permits. In addition, the DBT shall research Air Polll)tion Control
District and noise abatement requirements, along with any hazardous
materials management requirements ofNFP A, Cal-OSHA and the City Fire
Department. The DBT shall develop all appropriate environmental plans,
7~49
including but not limited to, an air pollution control plan, a noise abatement
plan and a hazardous materials management plan. The DBT shall submit and
obtain approval of an application for Storm Water Pollution Prevention Plan
to the appropriate authority. If required, the DBT shall incorporate
appropriate facilities in the design.
5. Prepare cost estimates throughout all phase of project development.
6. Perform a value-engineering reviews to reduce cost/and or add value,
utilizing all team members and City resources. Include recommemlations to
maximize energy efficient and build a "green" or low-pollution project.
Prepare a Value Engineering Report of all considerations, recommendations
and decisions. The goal is to maximize the quality of construction at a cost
equal to or below the Proj ect Budget.
7. 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.
8. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and
update to keep the project on schedule.
9. Establish a bidding strategy. IdentifY, contract, and procure long lead items.
Create early bid packages where applicable.
10. Provide construction cost control estimates during the design to support value
engineering and constmctability reviews.
II. IdentifY all permit requirements and prepare applications and support
documents necessary for obtaining all City of Chula Vista permits. Permit
fees are not a part of the cost of construction of the project.
12. 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.
13. During the bidding of the Project, the DBT shall:
a. Create appropriate subdivisions of work into Bid Packages that reflect
the major items of work. A detailed scope of work will be included
with all bid packages.
b. Receive and resolve all RFI's and bid questions.
c. Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. ClarifY Scopes ofW ork,
exclusions, etc. Ensure bids match DBT Scope of Work.
7..350
,
'-
d. Provide cost spreadsheets which compares actual bids to cost
estimates.
15. Prepare draft Operations Manual Index to serve as the basis for preparing the
final operations Manual during the construction phase.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the approved construction drawings,
specifications and associated permits. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status ofthe project.
2. Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for technical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project, starting with the issuance of a Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staffwill also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the proj ect Contract
Documents.
7. Submit the proposed QNQC 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 (QNQC). The Plan shall include but not be
limited to; 1) a statement and definition ofQAlQC goals; 2) an identification
of QAlQC criteria and elements; 3) development of the project QAlQC
implementation plan; 4) development ofthe QAlQC materials, components,
7A.51
equipment and system testing plans; and,S) enforcement of the plans and
specifications.
10. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. Use Microsoft
Project scheduling software consistent with the City reporting system.
II. Develop a project-specific Plan for defining, tracking and reporting cash flow
activity requirements and submit such plan to the City for review and
approval prior to implementation.
12. Develop a project-specific Change Order Administration Plan for review
and approval by the City. Upon written approval ofthe Plan, the DBT shall
initiate implementation. The Plan shall defme the required Change Order
procedures, including requirements for requesting, developing, approving,
and filing.
13. Implement and maintain an internal records management and document
control system as required to support project operations. The DBT shall
provide records management and document control information in a manner
consistent with the citywide Prolog Management reporting/filing system.
l4. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
15. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems.
5
7-52
D. Operations and Startnp Phase Services (as reqnired for this project)
1. The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. The DBT shall conduct Operator Training Sessions for personnel.
3. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
4. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
5. The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The DBT shall coordinate and expedite record drawings and specifications.
7. The DBT shall prepare final accounting and close out reports.
8. The DBT shall prepare occupancy plan reports.
9. Post Construction: DBT shall coordinate an II-month walk through ofthe
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
Candidates will compete first on the basis of experience, design talent, past performance,
resources, construction and management skills. Selected DB may be requested to coordinate
and negotiate with a City appointed design team that has been involved in the
planning/conceptual design of the project. Contracts will be awarded in accordance with
the Chula Vista Municipal code and the Designffiuild ordinance as outlined in Section 257 of
the Chula Vista Municipal Code.
IV REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB. This RFP schedule is subject to modification in the City's sole
discretion:
Advertise and Issue RFP
SOQ Submittals Due
May 26, 2010
June 16,2010
7...953
City Council Certifies DB
July 20, 2010
V PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQillREMENTS
1. The submittal deadline is June 16, 2010, no later than 4:00 P.M. (PST) at the
City ofChula Vista, Pubic Services Building, 276 Fourth Avenue Bldg 200
Chula Vista, CA 91910 - Public Works and Engineering Department.
2. Five (5) single-spaced copies, no more than 20 pages in length excluding
exhibits and appendices, are required for submittal. Submittals should be as
brief as possible, while adequately describing how the DBT will approach the
design build work program. Statement of Qualifications (SOQ) shall include:
A letter of interest
Understanding the proj ect development process
Summary of Qualifications
Design Build fee structure
Resume (of key DB members)
Client References
Schedule of Rates
3. The submittal should focus on previous experience developing public
projects as well as knowledge of issues germane to reconstruction and repair
projects, a demonstrated ability to implement creative solutions to complex
planning issues and a demonstrated ability to complete complex tasks within
the parameters of a fast-paced performance schedule and within the terms of
the contract.
7-S4
4. The submittal shall also provide the name, title, address, and telephone
number ofindividual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
5. Statement of the DBT's ability, if selected, to enter into a City contract with
the City ofChula Vista, and ability to avoid conflicts of interest on this or any
other public or private projects.
6. Other Information
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venture partner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following information:
I) Financial statements submitted to the IRS for last year
2) List of projects completed in the last year
3) List ofprojects currently under development, or construction
with status, development schedule and financial commitment
4) List ofprojects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
VII CONTRACT TERJ.vIS Al'lD CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to proposed a variety
of compensation structures, including: I) time and materials not to exceed, 2) guaranteed
lump sum, and 3) percentage of project costs.
7 -8s 5
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O / Professional Liability Extended
Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
1. Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with limits of not less than $1,000,000 per occurrence per project. Policy to
include endorsement naming City of Chula Vista, its officers, officials,
employees and volunteers as Additional Insured against all liability of the
DB, its subcontractors, and its authorized representatives, arising out of, or in
connection with, the performance of work under the contract with the City.
Policy is to be endorsed to state it is Primary to any other insurance available
to the City of Chula Vista and that insurer will provide THIRTY (30) days
written notice to the City Clerk ofthe City of Chula Vista of cancellation or
material change.
2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $l,OOO,OOo,_covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
3. Workers' Compensation and Employer's Liability insurance, for all.
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1 ,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Builder's Risk Property Insurance will be provided by the City. The DBT
will be responsible for the deductible in the event of a claim. The limit \vill
reflect full replacement cost of hard cost construction values. Perils are to be
all risk excluding Earthquake and Flood. Perils are to include any
transportation risk but is to exclude any equipment, machinery, tools, or
property of similar nature, owned, rented or used by DB or contractors.
5. Other Provisions. Prior to beginning Work under the Agreement, each and
7-569
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Payment and Performance Bonds may be required for individual projects as required by City
Policy.
End oj Request Jor Proposals
7....157
ATTACHMENT 1
SPECLA.L PROVISIONS
7 5~1
Special Provisions
The completed project will be turn-key and work in general includes
construction of all appurtenances and other work as rnay be necessary to
render the improvements secure and weather-tight when the project is
considered complete, but is not limited to the following:
The contractor will remove the existing torch down material in the metal
gutters @ pyramid roof system, remove the existing interior wall down-
drains, remove any rotten wood, re-frame as required and replace with
new 2% re-sloped copper gutters re-directing water to the exterior of the
building @ ground level per the following steps:
. Remove and dispose of existing gutter system
. Re-frame/re-slope gutter troughs,
. Cut in scuppers in multiple locations
. Lay rain-proof roof guard in new sloped trough
. Measure, fab, and install new copper gutters
. Fab and install new eave, hip, and ridge flashings @ pyramids
. Hang new leaderhead and downspouts to grade wi splash blocks
. Fab and install new coping and caulking as required
. Re-f\ash and patch stucco along West Tower at gutter as necessary
. Remove moisture damaged interior drywall and insulation
. Dispose of removed material
. Abate any mold found in the damaged material
. Re-drywall, texture and paint as required to match existing
. Re-install fixture covers and plates
proposal price will include tax and be good for 90 days.
Project shall be installed per plans, manufacturer specs,
recommendations and well-established trade practices.
Such other items or details not mentioned above, that are required by
these Special Provisions, shall be performed, placed, constructed or
installed as required for a completely functioning system.
7-519
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ATTACHMENT 1
SA1VlPLE DESIGN BUILD AGREEMENT
- ,
7Ji:J3
DESIGN BUILD AGREEMENT FOR
[INSERT PROJECT NAME1 PRO.JECT
This Agreement shall be for the design and construction of [INSERT NAME OF PROJEl~T] and the payment
of permitted costs therefore ('Agreement"). This Agreement is made and entered into this ~ by and
between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and [INSERT NAl\iIE OF D/B], a
[ENTER TYEE OF CORPORA, TE E"ITlTY AND PLACE or INCORPORATION] ("Design Builder or D/B"),
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 follo\ving facts:
RECITALS
1. [INSERT].
2, [INSERT],
3, [INSERT]
4. [INSERT].
5. [INSERT].As part of that effort, on [INSERT DATE], the Department of Public Works, Engineering Division,
issued a Request for Proposal (REP), pursuant to ~ 2.57 of the City's Municipal Code, to design and construct
replacement structures CProject") to qualified Design-Build firms off the Priority List.
6. [INSERT].
7. Following interviews of all [INSERT#] respondents, DIB was selected as the respondent who best met the
design, monetary, and time criteria of the project with whom City could negotiate an agreement.
8. As part of DIB's proposal, DIB submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of [INSERT WRITTEN DOLLAR AMOUNT] ($[INSERT NUMERIC AM01.JNTl) CEstimated
Cost"I"EC").
9. Following City's approval of90% Construction Documents CCD"), DIB shall submit a guaranteed maximum
price ("GMP"), not to exceed the Gross Maximum Price, for which the Project shall be designed and
constructed.
10. DIB shall complete the Project, as a public improvement, according to plans and specifications approved by
City, for an amount not to exceed the GMP.
'.
NOW, THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and
conditions herem, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties
agree as follows:
7-64
I
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,
ARTICLE 1. DEFmlTl0NS
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 [mished.
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 ofChula Vista.
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the property,
(ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, lnstructious to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of A ward), the Bonds, the general conditions, permits from other agencies, the Special provisions, the Plans,
Standard Plans, Standard Specifications, Reference Specifications, and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for DIB to achieve Substantial
Completion.
Defective Work: All work, material, or equipment that is uosatisfactory, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (DIBT)". 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].
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Extra Work: Any City additions, modifications, or deletions to work or DIB obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by DIB to City uoder 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 DIB.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price ("GIVIP"): The maximum compensation to which DIB may be entitled for the
pertormance of all Services, Work, and obligations and the satisfaction ora11 conditions uoder this Agreement,
which amouot shall include all authorized costs for labor, equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, regub.tions, and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and
installation. Hard Consttuction costs shall not include DIB mark"Up, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
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Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovety Act (Title 42 United States Code sections 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defmed as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
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Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which DiB shall complete major tasks either during design or
construction of the Project.
NEP A: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing D/B to commence Work andlor Services on the Project.
Notice of Termination: A v.Titten notice from City to DiB terminating the Agreement in accordance with Article
XXVll.
Project Site: The property located at [INSERT] and further described in Exhibit "[rNSERT]", 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 tbe Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents are in place, have been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal "Final completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
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Working Day(s): Monday through Friday, excluding City holidays.
2.1 General. Except as expressly provided in this Agreement, DiB shall design and consrruct the Project in
accordance with all the terms and conditions of this Agreement, approved Plans and Specifications, and tbe
timeframes established by the Project Schedule, attached as Exhibit "[INSERT]", delivering a complete and
functional Project within the Contract Time for an amount not to exceed the GrvfP.
ARTICLE II. SCOPE OF THE AGREEMENT
ARTICLE III. TERM
3.1 Term of A2reement. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
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ARTICLE IV. GENERAL PROJECT PERFORlv[ANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, DIE agrees
that all Services and Work provided as part ofthis Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural, engineering,
landscape architecture, and construction tlrmS using the degree of care and skill ordinarily exercised by
reputable professi.onals practicing in the same field of service in the State of California.
4.2 Comoliance with all Laws. In the performance of this Agreement, DIE 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 Envirornnental Regulations (i.e. CEQA' NEP A).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility ofD/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment ami Housing Act and all other State, Federal and local laws
including, but not limited to, those prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.2.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order 11738, and
the Stormwater Management and Discharge Control-Ordinance No. 0-17988.
4.2.1.5 D/B shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.2.1.6 D/B 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 D/B shall obtain and comply with all permits necessary top complete the Project, including,
but not limited to Development Services Department permits and hazardous material permits.
4.2.2 Implied Knowledge oj Laws. D/B 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 Deshm and Construction Standards. In the performance of the Services and Work covered by this
Agreement, DIE shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2000 Edition of the Standard Specifications for Public Works Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4. 2.1.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
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.
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4.3.4 Aifarerials Standards. D/B shall use L."t}dustrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain City Aoorov'll. 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 \-vriting from the designated
City Representative, or when required by Law, from the City Council. DIE acknowledges that approval from
3.1"1.Y individual other than the designated City Representative or City Council, where required, shall not be
valid.
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4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or
moditications implemented without the VvTitten authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GNIP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DIB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DIB shall notify the City immediately of the emergency and as soon as reasonably
possible provide a v.nitten statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DIE, its employees, agents, or subcontractors, DIE may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations, City approval shall be a general approval only, and such approval shall
in no way release or relieve DIB of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision Malting. DIE shall make decisions with reasonable promptness to avoid delay in the orderly
progress of DIE's obligations under this Agreement and pursuant to the Project Schedule, attached as Exhibit
"[INSERT]",
4,6 Perform Services and 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, I Design Team. City has awarded this Agreement based on the specific qualifications of DIE to perform the
design services required under this Agreement. All such services shall be provided by DIE unless the City has
approved of the use of Subconsultants in the manner identified in Article VlIl.
5.2 Services, In Phase 1, DIE shall perform Services including, but not limited to, the following:
5.2.1 Project Development. Develop and ref me 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, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-
use sports field, softball field, informal skate area, play areas, shelters, landscape and site
elements.
5.2.2.2 Floor Plans, Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and gridlines; room names, structural bay spacing with
grids, critical dimensions and area calculations.
5.2.2.3 Roof Plans. Roof plans including detailed notes, dimensions, mechanical equipment locations,
define material for mechanical screens, sk-ylights and roof access, roof materials, roof drainage
and establish window-washing concept.
5.2.2.4 Building Sections. Building sections, which shall include vertical dimensions, floor assembly
thickness showing known structural elements, notes and dimensions.
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5.2.2.5 Elevations. Exterior elevations, including material references and extent; visible rooftop
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.2.2.6 \Vall Sections. \Vall 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, \vritten description of (INSERT] and components induding 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 II, DIB shall prepare and snbmit the following to the City
for review and written approva1.
5.2.4 1 DDDs. Completed DDD.
5.2.4 1.1 Conditional Approval. In the event that City grants conditional approval, DIB shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-snbminal shall be
borne exclusively by D/B and not be grounds for an increase in the GlVlP 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 IT Services. In Phase II of the Project, DIB's shall perform Services inclnding, but are not limited to,
the following:
6.1.1 Project D""elopment. DIB shall diligently prosecute the development and refmement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. DIB shall prepare CD's which shall include, without limitation, the following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of
installed or fi..'{ed 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 areas.
6 1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings,. and major features.
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detJil to show the
extent and type of srructural system and dimensions, final structural design criteria, foundation
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design criteria, preliminary sizing of major structural components~ critical coordination
clearances and applicable material lists_
6.1.2.3 Mechanical plans and details.
6.1.2.4 Landscape and lITigation plan and details.
6.1.2.5 Electrical plans and details.
6.1.2.6 Plumbing plans and details.
6.1.2.7 Plans showing installation of major systems, equipment, fixed furnishings and graphics.
6 1.2.8 Technical specifications.
6.1.2.9 All other technical drawings, schedules, diagrams an.d specifications, to set forth in detail the
requirements for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2.9.3 Color board and architectural rendering for required presentations.
6.1.2.10 Mechanical design documentation consisting of continued development and
expansion of schematic mechanical design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing ofa11 equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 Required space requirements for the equipment, required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures.
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic
electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems typical to civic facilities, the
approximate sizes and capacities of major components transformers-panels-switch
gears;
6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and
clearances.
6.1.2.12 Sections through critical areas showing coordination of architectural, structural, mechanical
and electrical elements.
6.1.2.13 Final specifications, including but not limited to, the following:
6.1.2.13.1 Architectura1. General description of the construction, including interior fmishes,
ty-pes 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
alms; and cable antenna television systems.
6.1.2.13.4 Landscape. General description of the construction, including plan materials, plant
locations, maintenance period, and irrigation systems.
6 1.2.13.5 Play Areas. Description of play equipment, including installation procedures,
type, color, finishes, and locations.
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6.1.2.13.7 Other. Such other documents to Ex 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 fmal specifications as appropriate.
6 1.3 Project Sequencing. D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction ofrhe Project.
6.1.4 Critical Path. DIE shall prepare a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project software,
showing all major milestones, bid dates for the major bid packages, commencement of construction,
sequence of construction, completion of structural elements, and completion of the Rohr Park Shade
Structures, all of which shall conform with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Governmental Review. DIB shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting System. DIB shall provide a master accounting system and matri.x on Microsoft Excel that
will be updated, expanded, and provided to the City monthly as the Project develops.
6.1.7 Project kfanagement Plan. DIE 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 Eve (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. DIE 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, willch shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and Specifications. DIE shall prepare construction drawings and specifications
suitable for obtaining City-approved permits and to allow construction.
6.1.9 City Approval. DIE shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at Efty 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, Nlodification, and ResubmittaL At 50%, 700/0 and 90% Completion, City will
notify DIE 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.\.2.13.6 Site Work. General description of the construction, including fInishes, types of
materials and locations.
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modifications are requested, DIE sball modify and resubmit Construction Drawings for City
approval.
6.1.9.3 DIE Support. DIE sball provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 iVfaterials and Equipment Specij1cations. DIB shall prepare technical materials and equipment
specifications for pre-purchase.
6.1 11 Surveying and Testing. DfB 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:
h :!/www.chulavlstaca.2:ov/CitvServicesfDevelomentServicesfEno-ineerinz/index.as
6.1 11.2 Existing Conditions. DfB shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The Soils Consultant shall prepare a
statement that will be included in the Bidding Documents as to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site.
6.1.11.3 Utilities. DIE 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. DIE 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
l'roject.
6.1.11.4 Geotechnical Information. DIE 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.) sball prepare a statement tbat 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. DIB shall provide additional site surveys and geotechnical investigations
to the extent that DIB determines they are necessary for final design.
6.1.11.6 No Reliance. DIE 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 SWP P P. DiE sball prepare and incorporate into the Construction Documents a Storm water Pollution
Prevention Plan ("SWPPP") to be implemented by tbe DIE during Project construction. Where
applicable, the Swppp shall comply with both the California Regional Water Quality Control Board
Statewide General Construction Storm \Vater permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the pennits.
6.1.13 Alternatives. DIE shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructability, yet meet all codes, architectural concepts,
schematic designs, and standard specifIcations of the Project.
6.1.14 Permits. D/B shall obtain general building permit and all ancillary permits and licenses, including but
not limited to, demolition permits, improvement permits and grading permits [WHEN'"'??].
6.1.15 Updated Costs. DIE shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering eVE") and constructability reviews.
6.1.16 Final Review and Approval of Plans and Specifications. DIE 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 commonts to DIE within [11'1 SER T TllvfEFRAME] Business Days of tbe date such
Construction Documents are delivered to City in accordance with the notice provisions in Article
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XXIX. Approval sholl not be llilIeasonably withheld. If requested by City, DIE shall make changes to
the Construction Documents.
ARTICLE VII. PHASE III. - CONSTRUCTION PR~SE WORK AND SERVICES
7.1 Phose III. Work and Services. The DIE shall construct the Project in accordance with City-approved plans
and specifications prepared by the DIE to meet or exceed all requirements of the City provided program,
schematic design and the performance criteria. The DIE sholl:
7.1.1 Bidding DfB shall prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that DIE determines is appropriate ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. DIE shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. D/B shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide clarification to
the Construction Documents during the bidding process shall be issued as written acidemia and
provided to all prospective bidders.
7.1.1.3 Scheduling. DIE shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DIE shall submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DIE 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 Opportuuity ContractingIN ondiscrimination. DIE shall not discriminate on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. D/B shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. DIB shall be responsible for entering into subcontracts, in DIB's own
name, with the bidder who in DIE's discretion and professional opinion best meets the
monetary, time, and performance requirement of the Project. DIB shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which are listed below.
7.1.1.8 Additive Alternatives. DIE shall require additive alternates for extended warranties in bid
packages for roofmg and HV AC systems.
7.1.2 .iHeetings. DIB shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DIE shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreemeut
conditions, (ii) Scope of Work clarificatious, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. DIB shall ensure that the precoustruction meeting is attended by DIE's
construction contractor, project manager, all DfB's major subcontractors, the City's
[INSERT], and all other persous necessary as determined by DIE or City.
7.1.2.2 Progress Meetings. DIE shall conduct weekly progress meetings with the City and appropriate
design and construction members.
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7.1.2.3 Contractor Meetings. DfB shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3 1 DIB shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress rvleetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties, and DIB has given no less than five (5) Calendar Days
prior \Vrltten notice of the rescheduled meeting.
7.1.2.5 Minutes. DIB shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. DIB shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated As-Bnilts, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Construction ldanagement. During construction of the Project, DIB shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods, techniques, sequences and procedures to ensure the effIcient and orderly sequence of
the construction of the Project.
7.1.3.1 Resident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance ofa Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifications and contract documents. The DIB resident staff shall ensure con?truction
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. DIB shall implement and maintain an internal records management and
document control system as required to support project operations. The DfB shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. DIB shall develop a project-specific Plan for defming, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3,4 Reporting. D/B shall keep City informed of the progress and quality of the design and
construction ofthe Project.
7.1.3.5 Documents On-Site. DIB sball maintain a complete and up-to-date set of ConstrUction
Documents in the Projects Held office at all times during construction that reflect all changes
and modifications.
7.1,4 Site Safety, Security, and Compliance. D/B shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7,1.4,1 Persons. DIB shall be fully responsible for the safety and security of its officers, agents, and
employees, City's officers, agents, and employees, and third parties authorized by DIB to
access the Project site.
7.1.4.2 Environmental. Dffi shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, DIB shall report environmental issues to
the City in a manner consistent with the City's reporting system. DIB shall be responsible for
the environmental consequences of the Project construction and shall comply with a1l related
laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11738, and the StoTffiwater Management and Discharge Control Ordinance No.
0-17988 and any and all Best !-v1anagement Practice guidelines and pollution elimination
requirements as may be established by the Enforcement OfficiaL
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7.1.4.3 Risk of Loss. D/B is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated \vith the loss thereof or damage thereto, including by theft, 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. 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 [1"1SERT DEPARTMENTl all
surveying required within the Public right-of-way.
7.\.5.3 Follow all Laws, Rules, and Regulations. D/B agrees to follow all City standards and
regulations while working in the Pub1ic right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1 6 Traffic Control. D/B shall address all traffic control requirements for the Project including, if
necessary, separate traffic contro~ p~ans and/or notes.
7.\.7 Abatement. D/B shall develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access for parking and services at all times for adjacent business entities and residences.
7.1.8 Im:pections. DIB shall coordinate any and all required inspections, including special inspectiuns, in
such a manner that the progress of construction is not affected or impacted. The DIE shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic
building inspections.
7.1.9 Permits. The Parties acknowledge that the construction work to be performed on the Project by D/B in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by 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 Dill 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 ofthe denial, suspension or cqncellation of said permit(s)
shall become the property of Ciry upon D/B's receipt of payment in full as described above.
7.1.10 iv[aintenance. DIE shall ensure Project is maintained in a clean, neat, sanitary aud safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DIE shall be
responsible for on-going site maintenance, including any erosion prevention measures. Prior to Final
Completion, DIE shall cause to be removed from and about the Project all tools, construction
equipment, machinery, surplus materials, waste materials and rubbish and deliver the site to the City in
a clean, neat, sanitary and safe condition.
7.\.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.\.11 Requestfor Information ("RF]"). Parties acknowledge that the RFI process is solely for
correspondence betweeu D/B and its agents; however, D/B shall submit copies of each RFI to City at
the within twenty-four (24) hours of receipt. D/B shall issue responses to RFls. Unless D/B
specifically requests a City' response, City will not respond to RFls.
I
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I
7.1.12 Review and Approval. D/B shall provide timely review and approve shop drawings, samples of
construction materials, product data, schedule submittals, and other submittals for compliance with the
Construction DOCllments. D/B shan keep the City advised of all such matters being reviewed 3Ild
approved by DIE and forward copies of such documents to City for review.
7.1.13 Royalties and Other Fees. DIE shall pay royalties and license fees, if applicable. DIE shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
hllilIlless 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 '\-'lith Phase IV, provide updated versions of DeS on a
monthly basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTll"IG
8.1 Subcuntractin!!.
8.l.1 Design Services. DIE shall perform or obtain the prior ViTitten 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 E:xhibit
[INSERT]. DIE shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. DIE shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE LX. PROJECT SCHEDULE
9.1 Proiect Schedule. DIB shall perform and complete the Services and \-Vork 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. DIE 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 DIE's Obligution. 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 DIE shall submit an updated Project
Schedule monthly to the City 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.
9.1.2.2.2 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 similar in detail and form to Exhibit
[INSERT], or it shall be in the fonn 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. DIE acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, [rNSERT].
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9.3 ChanQes in Proi ect Schedule. Changes in Project Schedule, whether to logic, defmition, 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 PERFORJ"L<\l'lCE
1 0.1 Tim e 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 othenvise specified in
this Agreement. D/B shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Secdon 4.1.
10.2 Notification ofDelav. If the DIE anticipates or has reaSon to believe that the performance of Services and/or
Work under this Agreement will be delayed. the DIE shall immediately notify the City. A written notice of the
delay must be delivered to the City within five (5) Calendar Days of the initial notification, unless the City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of1he cause of1he delay, a reasonable estimate of the length of the delay. and all
supporting data. The DIB shall include a \VTitten statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GNIP. If in the opinion of
the City', the delay affects a material part of the Project, the City may ext:rcise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity.
10.3 Delav. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the DIE to a reasonable extension
of time or to additional compensation. Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war; changes in law or government regulation; labor
disputes; strikes; fIres, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DrE'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, 1hat: (i) this
provision shall not apply to, and the DiB shall not be entitled to an extension oftirne, additional costs, or
expenses for, a delay caused by the acts or omissions of the DIB, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle
the DIE to an extension of time unless the DIE furnishes 1he City, in a timely manner, documentary proof
satisfactory to City of the D/B's inability to obtain materials, equipment, or labor.
10.3.1 Caused by City If DIE 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, DIE 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. DIE
shall provide complete and accurate pricing within ten (10) calendar days of said discovery.
lOA Costs of DelavfLiquidated DamaQes. City and DIE 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 [mancial
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 D/B
shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond 1he time specified
for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not
unreasonable under the circumstances" as defmed in California Civil Code S1671(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 DOLLAR
AMOUNT (INSERT NUMERIC DOLLAR AMOUNT)]. The City's obligation under1his Agreement shall not
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exceed the Estimated Cost; however, once a OlYlP is determined and approved, the OMP shall become the not
to exceed amount of the City's obligation. OlY1P is subject to change pursuant to methods established in this
Agreement.
11.l.! Cost Schedule. The EMP has been allocated among each activity or portion of the Project ("'Itemized
Cost(sn. The Itemized Costs are included in Exhibit "[INSERT]", attached. The cost incurred by the
DIB for a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP At 90% complete construction documents, DiB shall establish a GlYlP and submit such OMP to the
City for approval.
11.2.1 Not to Exceed Amount. The OMP shall not exceed $[I?-:SERT NUMERIC DOLLAR AMOUNT].
Any costs incurred by DIB in eXcess of said GlY1P shall be the sole responsibility of the DIB, unless a
Change Order is approved by the City pursuant to Article XlII of this Agreement.
1 I .2.1 1 included Costs. In calculating the GlY1P, DIB shall include costs of the following:
11.2.1.1.1 All Design Consultants, including but not limited to architectural, structural, civil,
mechanical, electrical, communications, graphics and art consultants, landscape
architects, and acoustical, audio visual, lighting, and security consultants.
11.2.1.1.2 Estimating, value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DIB 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 DiB
exceed 90% of the fair market value of anyone piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Construction Costs.
11.2.1.1.6 DIB Contingency Fund, which shall not exceed 5% of Hard Construction Costs.
11.2.1.1.7 Reimbursable Costs. Example: Utility fees.
11.2.1.1.8 DiB 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;
11.2.1.1.11 All business license costs;
11.2.1.1.12 All profit D/B intends to earn under this Agreement.
11.2.1.1.13 All direct and incidental costs incurred by DiB, except for those specifically
identified under the General Conditions section. ['v./HERE DO V./E DEFINE
DIRECT OR lNCll)Ei'lTAL COSTS"].
11.2.1.1.14 [INSERT OTIIER:??0].
7-7,]5
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the ma..-umum amount of compensation to due to DIE for all permitted costs of any type
incurred by D/B in performing all services and obligations under this Agreement.
11.2.2 Itemization. DIE shall provide City with an itemization of the GMP that reconciles the GiYll' with the
itemized costs. The itemization shall include the follo\ving:
11.2.1.1 D/B Fixed Fees. The fees charged by the contractor for staff, equipment, office space and
overhead during the term of the project.
11.2.1.2 Hard Construction Costs. Hard Construction Costs broken dO\vTI into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable DIB Contingency Fund.
11.2.1.3 [\v11at e 1se 7"0).
11.2.3 Alternate Bid Items. DIE shall prepare, with the cooperatiun of the City, alternate bid items to assure
that the cost of the Project will not exceed the G!vIP.
11.2.4 Adjustments to GivIP Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIll.
11.2.5 Adjustments Based on Other Cost Increases. GlvIP may be increased due to: (i) acts of God, acts of my
governmental authority, the elements, war, litigation, shortages of material, labor strikes, int1ation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond DIB's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by DIE. The GNrP 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 GiYIl' shall be
subject to approval by City Council.
11.3 Dutv to Advance Costs. DIE shall advance all costs for Project subject to Reimbursement in the manner
described in Article AV'l.
11.4 Use of Proiect Contiunencv. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to DIB's, its officers', agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
andlor Law; or (ii) uninsured losses resulting from the negligence of DIE, its officers, agents, or employees.
11.5 Notilication oflncreased Costs. If, at any time, the DIE anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GiYIl', when established, the DIE 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 revisi.ons that the DIE believes
will bring the Project cost to within the Estimated Cost or G!v1l'. Following the delivery of the Notice, DIE
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 DIE, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which may be consttucted for the budget
amount; (iii) any combination of (i) and (ii); or tenninate the Project subject to the termination
provisions in Article lCXVII.
ARTICLE XU. PRODUCTS
12. 1 Submittals. Prior to the bidding process, DIE shall submit for City approval a list of products intended for use
in the Project. Upon DIE'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) Calendar Days of DIE's receipt of submittal. Approval is general approval only
and in no way relieves DIE of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
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12.2 Substitutions. DIE shall submit all requests for product substitutions to City in wTiting 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 suhstitution only when a product becomes unavailable due to no fault ofD/B's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. DIE agrees that City requires Consultant's input and as such DIE shall coordinate a five (5) Working
Day review by its Consultant.
12.2.1 Substantiate Request. DiE shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
12.2.2 DIB Representations. By submitting a substitution request, DIE is representing to City all of the
following: (i) DIE has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product; (ii) Dffi is providing the same warranty for the
proposed product as was available for the specified product; (iii) DIE shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) DIE 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 are implied in the product
data submittal without a separate v..rritten request or substitutions that will require substantial revision
of construction contract documents.
12.3 Samples.
12.3.1 Postage. Samples shall be sent to DIE's office, carriage prepaid.
12.3.2 Review. D/B shall furnish to City for review, prior to purchasing, fabricating, applying or installing,
(2) two samples (other than field samples) of each required material with the required [mish.
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. Tn lieu thereot~ the actual full-size item shall be
submitted.
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.
12.3.2.3 All materials, finishes, and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
12.3.2.4 City will return one submitted sample upon completion of City review.
12.3.2.5 DIE's, or DIE's agent's, field samples shall be prepared at the site. Affected [mish work shall
not commence until DIE or its agents have been given a vvritten review of the field samples.
12.3.3 Not a Release oj Liability. City's review of samples in no way relieves D/B of DIE's responsibility for
construction of Project in full compliance with all Contract Documents.
1:2.4 Observe Testin2. When appropriate, DIE 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 G2lfP. Any adjustment in GMP.
13.1.2 Contract Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use a/Contingency Fund. At any time D/B seeks to use the Contingency Fund, -irrespective of impact
on the G:N1P or Contract Time.
13.1.4 City Requests. The City directs DIE to perform Additional Services.
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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 Cham!e Orders. Within five (5) Calendar Days of any event that gives rise to the
need for a Change Order, the DIB shall provide the City with v,Titten notice ofthe need for the same. The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the Gi"vIT,
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 DIB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DIB shall also provide City
with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time.
13.2. 1 Project },,{anager Approval. Tfthe Change Order request does not result in an increase in the Estimated
Cost, the [lNSERT WHOl shaU either approve or reject the Change Order in writing within ten (10)
\Vorking Days of receiving D/B's written notice~ provided D/B has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to D/B' s written notice vvithin
the ten (10) Working Days, the Change Order request shall be deemed denied.
13.2. 2 City Council Approval. For Change Orders not subject to section 13.2.1, City COllllCil 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 13.3 1.
13.3 Written ADoroval of Chan2:e Orders. DIB shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by DIB prior to approval shall not be reimbursed.
13.4 Failure to AQree on Cost of Chamre Ord.er 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 Services. If the determination of the Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 30.17. D/B shall not have the right to stop or delay in the
prosecution of any services or work, including s~rvices or work that is the subject of the Change Order (if
directed by the City), pending the determination of the Director of Public Services or, if applicable, final
resolution. Instead, DfB shall continue diligently prosecuting all such services and work.
13.4 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 Dffi or DfB'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. DfB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, Dffi' s negligence, or the negligence of any ofDJB' s agents or subagents. DfB
shall be reimbursed for any costs or expenses of a Change Order resulting from a design errqI 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 ofD/B's agents, or subcontractors.
13.6 Citv Refusal to Approve Chan2e Order. DIB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 13 .2.1or and 13.2.3 .
ARTICLE XIV. EXTRA WORK
14 1 Citv Authoritv to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Writing. All requests for Extra Work shall be in writing, shall be treated as, and are
subject to the same requirements as Change Orders. D/B shall not be responsible for failure to perform
Extra Wark, which was requested in a manner inconsistent with this section.
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_11Ir."'
14.2 Bonds Required for Extra Work. DIB's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided that the Ex1Ta Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DIB as Extra Work is reimbursable in the same
marL~er described in Article XVI. The Project contingency as described in Miele Xl, will be used fIrst to
cover the costs of Extra Work.
14.4 Markup. DIB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent (5%) of the approved costs for the Extra Work.
ARTICLE XV. CfuLl\fGED CONDITIONS
15. 1 Cham!ed Conditions. Changed Conditions shall be addressed under the Greenbaok section 3-4; however,
Parties acknowledge that even if Changed Conditions <lre found to be present, the Project shall not exceed the
Gl'vlP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DiE shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Pavrnent
16.1.1 Fundsfor Payment. DIB shall only be entitled to payment for Services and Work performed under this
Agreement from the funds appropriated for the Project.
16.1.2 l\Iaximum Payment. DIB shall be entitled to payment in an amount not to exceed the G"NIP or
subsequently approved increase in G11P. DfB is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by DIB negligence, omissions, or failure to
seek approval for additional or increased costs.
16.1.3 Applicationfor Payment. DIB shall submii 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 the Project for which DIB was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15.1.6. lfthe City determines that all relevant documents have not been
submitted, City shall request that DiE provide additional documentation. DIB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DIB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Payment Application, City
shall make payment to DIB of all uncontested charges within sixty (60) Calendar Days ofreceipt ofa
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 DIB or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have llilder the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election ofDffi, 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 DIB for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1Where 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 LieD has been filed and
a conformed copy delivered to the City. .
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16.1.3. 3 Contested Charges. In the event City contests any charges contained in the Payment
Application, the dispnte shall be resolved in the manner identified in Section 21.6. DIE shall
not have the right to stop or delay in the prosecution or any Services of Work, pending the
determination of the Director of Public Services or, if applicable, final resolution. Instead
D/B shall continue to diligently prosecute all Work and Services. During the time of the
dispute, the City shall withhold the amount of the charge in question.
16.1.3. 4 Cutoff for Submission of Reimbursement Requests. DIE shall submit all Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
revi.ewed or included in Reimbursable Cost.
16.1.4 Ver~fication of Reimbursement Request. DIB 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 cnecks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.4. IDlE shall submit two (2) copies ofa Reimbursement Request (cover letter, invoice, and
documentation) to the City.
16.1.4. 2 After review and approval, the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.4. 3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1.5 Non-reimbursable Costs. Except to the extent that City expressly assumes the risk ofloss under thlS
Agreement, City shall exclude from the amounts payable to DIE 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, DfB 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 DfB's Design Team, hi.) the Construction Manager, and
iv.Representative, (iii) DIE's Consultant(s), and (e) the DIE's construction superintendent [lnspection Team]
17.2 lnsoection 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" Speciallnspections" provision, (iii) bi-weekly.
17.3 Access. City? its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project manager's approval
for this observation, inspecting and testing. DIE shall provide them proper and safe conditions for such access
and advise them of DIE's safety procedures and programs so that they may comply.
17.4 Additionallnsoections. 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. DIB shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site
inspection.
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 DIE.
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177 Concealin. Work. Prior to concealing work, DiB 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 Of cover
up DiB Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time and DiB will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.3 Defective Work. In the event such inspections Of tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article xxn shall apply.
17.9 Not a Waiver of Obli.ations. Neither observations by the City nor inspections, tests, or approvals by City or
others shall relieve DiB from DIB's obligations to perform the \\lork in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DiB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to Citv. When DiB determines that the Project is complete, DiB shall notifY the City in writing of the
Projects starns within seven (7) Calendar Days of the DiB's determination. The notice shall certifY to City that
the Project has been completed in accordance with the Construction Documents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
18.2 Walk-Through Inspection. A preliminary Wa]k~Tbrough Inspection shall be conducted by City within ten
(10) Working Days following DiB' s notice to City of completion ("W alk- Tbrough Inspection"). The Walk-
Tbrough Inspection will be conducted by the Inspection Team identified in Article XVll, Section ]7.1.
18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk-Tbrough Inspection.
The Punch List shall be presented to DiB by the RE within tbree (3) Working Days of the Walk-
Tbrough Inspection. DiB shall correct.the items listed on the punch List within thirty (30) Calendar
Days ofreceipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Identify Items. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit DIE'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, DIE shall demonstrate to City the operation of each
system in the Project, and instruct City persoIUlel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
18.3.1 Startup. The DfB 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 DiB shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Finallnspection. Provided DiB has corrected the punch List items and notified the City of the correction
('"Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendar Days of the Notice of Correction.
ARTICLE XL,. PROJECT ACCEPTANCE AND FL'!AL COMPLETION
19.1 Acceotance. 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 fmished, City shall accept the Project
("Acceptance"). Upon Acceptance, DiB shall do all of the following:
19.1.1 Notice of Completion. D/B shall execute and file a Notice of Completion with the County Recorder of
San Diego Couuty and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and Alaterial Releases. DIB shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
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upon approval of City which shall IlOt be llilfeasonably withheld, provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such "\-vark.
19.2 Final COlIloletion. 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 required to be supplied by DIE to City pursuant to this Agreement, including As-Built Drawings,
warranties, and operating and maintenance manuals; Of issuance of a fmal certificate of occupancy.
As-Builrs. City will evaluate the submitted As-BuiHs for accuracy and completeness and may return
comments. DIB shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section :22.6, DfB shall submit a mylar set and three
(3) final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
19.2 No \Vaiver. D/B's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to DiB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
19.2.1
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect Deliverables. Prior to Acceptance, DIB shall deliver all of the following to the City in the format
required:
20.1.1 As-Builts. DIB shall provide As-Bui1ts in 3 sets of paper and electroIlic format (pdt) or CAD f1les on
CD disks.
20. 1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. DIE shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DIE shall clearly show, by symbol or note, the vertical location
of the item ('"under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. DIB shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.1.2 DIE shall include all of the following on the As-Builts:
20.1.1.2.1 Depth of fouIldation in relation to finished first floor.
20. 1.1.2.2 Horizontal and vertical locations of under ground 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, de~ign/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 alignment changes.
20. 1 1.2.9 The title "PROJECT RECORD" in 3/8" letters.
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20 1.1.3 DfB shall maintain a set of As-Builts at the Project site for reference. DfB 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.
20.1.2 Operation and lvfailltenance Jv[anuals. DIB shall submit all Operation and Maintenance manuals
prepared in the following manner:
20 1.2. 1 In triplicate, bound in 8\1, 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 separate 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 ofDIB's
subcontractors, agents, suppliers, manufacturers, and installers.
20. 1.2. 2.2Part 2: Operation and tvlamtenance Instructions, arranged by specification
division or system. For each specification division or system, provide names,
addresses and telephone numbers of DfB's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ownershio ofProiect Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. DfB and City murually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenancel service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
21.1 \Varranties Required. DIB shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied by law.
21.1.1 lvfaterials and Workmanship. DIB shall guarantee, and shall require its agents to guarantee, all work
on the Project against defective workmanship and materials furnished by D/B for a periud of two (2)
years from the date of Project's Final Completion. DfB 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 Alaterials and Equipment. DIE shall warrant and guarantee, and shall require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Design, Construction, and Other Defects. DIE shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, construction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on DIE's and
DfB'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 penaining to the warranty.
21.2.1 DHrable Binder Obtain warranties, executed in triplicate by DIE, DIB's agents, installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover
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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, \vith 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 type\vritten sheets, as necessary. List D/B'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 DiB's permission with date murually agreed
upon in writing, leave date of beginning oftime of warranty open until the date afFinal Completion.
21.2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shal1 be required
from DIB's construction contractor and where appropriate, the responsible subcontractor.
21.3 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a term of
two (2) year(s) from the date of Final Completion.
21.3.1 Planis. Trees, and Shrubs. Not withstanding above, all shrubs and grotUld 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 afFinal Completion.
21.4 IV} eetin2s. During the two (2) year warranty period described in Section 21.3, D!B shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the two (2) year warranty period.
21.5 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 stich inspections shall be reported to the City.
ARTICLE XXII. DEFECTIVE WORK
22.1 Correction, Removal. or Reolacement. If\vithin the designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective Work, the DIB shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
22.2 Citv's Right to Correct. If circumstances warrant, including but not limited to an emergency or D!B's failure
to adhere to section 21.1, City may correct, remove, or replace the Defective Work. In such circumstances,
DIE 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 DIE or DIB's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the DIE for the defective work, City is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amOlmt, or to make a claim against DfB's
bond ifD/B has been paid in fulL
22.4 Extension of War ran tv. \Vhen Defective Work, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the two (2) year, or relevant warranty period, will be extended for an
additional two (2) years from tbe 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 Disontes. If DIE and City are unable to reach agreement on disputed work. City may direct DIE to proceed
with the work and compensate DfB for undisputed amounts. Payment of disputed amounts shall be as later
determined by the Director of Public Services. If this decision is contested, the claims procedure in 29.17 shall
be followed. DiB shall maintain and keep all records relating to disputed work for a period of three (3) years in
accordance with Article XXVllL
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ARTICLE X-\JII. MAINTENANCE OF LAl'<l)SCAPll'lG & IRRIGA nON WORK
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23.1 l\'Taintenance Period. If D/B is required to install or maintain landscaping and/or irrigation, D/B shall provide
a maintenance period which shall begin on the fIrst day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
and shall continue thereafter for ninety (90) Calendar Days or until Project Acceptance, whichever is longer.
23.2 Maintenance Area. DIB or DIE's Contractor shall maintain all involved areas of the Project.
23.3 I\'laintenance Required. bIB or DIE's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mO'vving, 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 grovvth and
debris. DIE or DIE's Contractor shall replace all plants found to be dead or in an impaired condition within
fourteen (14) days. Maintenance shall also include the following: (i) Filling and replanting of any low areas
which may cause standing water; (ii) Adjusting of sprinkler head height and watering pattern; (iii) Filling and
recornpaction 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 IrriQation Inspection. At the conclusion of the maintenance period, City shall inspect the
landscaping and irrigation to determine the acceptability of the work, includmg maintenance. This inspection
shall be scheduled with two (2) weeks notice, a minimum of ninety (90) Calendar Days after the plant
maintenance period commencement, or when the DIE or D/B's contractor notifies the City that they are ready
for the fmal inspection, whichever comes last. The City will notify DIE of all deficiencies revealed by the
inspection before acceptance.
23.5 Extension of Maintenance Period. DIB shall extend completion of the maintenance period when, in City's
opinion, improper maintenance and/or possible poor or unhealthy condition ofplanteu material is evident at the
termination of the scheduled maintenance period. DIE 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 1vlaintenance Period arc not Reimbursable Costs.
23.6 Reolacement. Plants found to be dead or not in a vigorous condition, or if root balls have been damaged,
within the installation, maintenance and guarantee periods, shall be replaced within fourteen (14) Working
Days of not ill cation by City. DIB shall include, at DIB's or DIB's Contractor's expense, a timely written
diagnosis of plant health by a certified Arborist, should a dispute arise. .A.rborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
23.6.1 Same Kind and Size. Plants used for replacement shall be same kind and size as specified and shall be
furnished, planted and fertilized as originally specified. Cost of all repair work to existing
improvements damaged during replacements shall be borne by D/B and shall not be Reimbursable
Costs.
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ARTICLE XXIV. BONDS
24.1 Pavment Bond. DIE 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. DIB 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 GI\1P.
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 the filing date of the Notice cif Completion and
Acceptance, at which time it will convert to a ten percent (10~'o) warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
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24.4 Certificate of Azcncv. All bonds signed by an agent must be accompanied by a certiiied 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 undervvriting 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 A1'vl Best rating of"A-".
24.6 EQr!!!. All bonds shall be in the form prescribed by City Attorney.
24.7 Insolvencv or BankruotcV. Tfthe 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
Proj ect is located, DIE shall within seven (7) Calendar Days thereafter snbstitute or require the substitution of
another bond. and surety, acceptable to the City.
ARTICLE XXV. u'\'DEMNlTY & DUTY TO DEFEND
25.1 Indemnitv Defense and Hold Harmless - General Requirement. Except for liability for Professional
Services covered under Section 25.2, DIE 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 DIE, its officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the Defmed 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 DIE, its employees, agents or officers, or any third party.
25.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, DIEs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third party. The Desib'f\ Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stop Notices. The DIE shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The DIB shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to a failure
to pay claimants. DIE shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. DIE 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 rmforeseeable, directly or indirectly, arising from or related tu the
Hazardous Materials identified in the Phase I or Phase II Reports, if any, conducted pursuant to Article V.
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DfB'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 DIB's
obligation to defend, at DIE's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brou~ht or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. DIB shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DIB's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers.
25.7 Enfurcement Costs. DIE 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.
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ARTICLE x..XVI. INSURANCE
26.1 General. DiB shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all insurance required in section 26.2; (Ii)
obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific
provisions required by section 2('lA:
26.2 Tynes of Insurance. At all times during the term of this Agreement, DIE 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 01 07 98 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCU lexplosions, 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 contractualliabiltty. Contractor shall
maintain the same or equivalent CGL Insurance as described herem 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
occurreDce 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 projt;ctJlocation,
the general aggregate limit shall be twice the required occurrence limit.
26.2.2 Commercial Automobile Liability. For all ofDIB's automobiles used in conjlll1ction with the Project
including owned, hired and non-owned automobiles, DiB shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 12 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for 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 ofD/B's employees who are subject to this
Agreement, DiB shall keep in full force and effect, or DiB shall require that its architectJengineer(s) of
record keep in full force and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) annual aggregate. D/B shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period oftbree
(3) years after the date of completion or termination of this Agreement. DfB 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 DiB shall provide Excess Liability Insurance affording tbree million dollars
($3,000,000) [Generally Check with Risk) in excess of General Liability and Employer's Liability
limits afforded on primary policies. The coverage will be subject to the same terms, conditions, and
exclusions found in the primary policies.
26.2.5 Contractors Pollution Liability. If the DiB or its Contractors' Work includes cleanup, removal,
storage, or othenvise 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.
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.
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26.2.5.3 The D/B or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors Pollution Li;;~bi1ity Insurance in which the City, its elected and appointed
officers, employees, and agents, and the D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal- Site, and
the perrrlits secured for its disposal. This Certificate must be furnished to the City,
evidencmg compliance with the outlined requirements, prior to the DIE or Contractor
beginning their Work on the Project. Any failure to furnish this policy or Certificate of
Insurance shall not relieve the DlB or Contractor from their obligations under this Section.
26.2.6 Hazardous Transporters Pollution Liability. lfthe DIB1s or its contractorsl Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the D/B
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance
in an amount not less than $3,000,000 Combined Single Limit per occurrence/Aggregate for bodily
injury, property damage and remediation.
26.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work performed under
this Agreement. The DIE or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the DfB, 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 furnished to
the City, evidencing compliance with the outlined requirements, prior to the DIE or
Contractor beginning their Work on the Project. Any failure to furnish this policy or
Certificate oflnsurance shall not relieve the DIE or Contractor from their obligations under
this Section.
26.2.7 Worker's Compensation. For all ofD/B's employees who are subject to this Agreement and to the
extent required by the State of California, DIE shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DIE 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 DIE to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($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 tbe City, the DIE 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 comp ly 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 "all risk"
Builders Risk Insurance. DJB shall add City and its respective elected officials, offlcers, 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 FLxtures
destined to become a permanent part of the structure, and coverage will include Property in Transit and
Property in Offsite Storage. DIE 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 $ [INSERT] (GMP dollar amount
to reflect project soft aud hard costs). It shall be DIE's responsibility to bear the expense of any
deductible. The Builders Risk coverage shall expire at the time such insured property is occupied by
City, or a Notice of Completion is flied, whichever occurs fITst. Contractor and its Subcontractors will
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be solely responsible for any loss or damage to their personal property, including contractor's tools and
equipment Q\\iTIed, used, leased or rented by the Contractor or Subcontractor.
26.3 Ratinu Reauirements. Except for State Compensation Insurance Fund, all insurance required by express
provision oftms 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-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLllist] with a current AM BEST rating of no less than
A:X.
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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 Insured:;. Ex-cept as to Architects andlor Engineers professional liability insurance and
Workers Compensation, the City ofChula Vista and its respective ejected 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 au
Additional Insured the City of Chula Vista and its respective elected offielals, officers,
employees, agents, and representatives. Liability Additionallnsured Endorsement must be
provided on ISO form CG 2010 (\1185) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Eugineer's Estimate is one million dollars ($1.000,000) or more shall include
liabiliry arising out of: (i) Ongoing operations performed D!B or on D!B's behalf, (ii) D!B's
products, (iil) 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 wmch the Engineer's Estimate is less than one million dollars
($1,000.000) shall include liability arising out of: (i) Ongoing operations performed by DIB
or on D!B's behalf, (ii) D!B's products, work, including but not limited to completed
operations performed by D/B or on D!B's behalf, or (ili) premises owned, leased, controlled,
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City ofChula Vista and its respective elected officials,
officers, employees, ageuts, and representatives that is not covered because of California
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580 04.
26.4.1.1 commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO fonn CA 00 01 1290 or a later version of this
fonn or equivalent form providing coverage at least as broad, the policy or policies must be
endorsed to include as an Additionallnsured the City of Chula Vista and its respective elected
officials, officers, employees, agents, aud representatives, with respect to liability arising out
of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2782 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City 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
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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 California
Insurance Code Section 11580.04.
26.4.2 Primar,v and Non-ContributOlY. 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, o[tlcers, employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the Ciiy ofChula Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess ofD/B's insurance
and shall not contribute to it.
26.4.3 Waiver afSubrogation. 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 Wark shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.5 Written Notice. Except as provided for under California law, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendar Days prior "Titten notice by DIE to
the City by certilled mail, as reflected in an. endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shall be provided.
26.4.3.1 The words "will endeavor" and "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. DIE may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starting Work. Before performing any work, DIE shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or sub consultants shall be subject to all of the requirements
stated herein. Subcontractors and Subconsultants shall be protected against risk ofloss by maintaining
insurance in the categories and at the limits required herem. Subcontractors and Sub consultants shall name
City and DIE as additional insureds under its policies.
26.6 Obli2:ation to Provide Documents. The D/B shall provide copies of documents including but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The DIE and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Debys in reporting information to the
City may result in delays in progress payments to the DIE.
26.7 Deductibles/SelfInsured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibiliiy of DIE 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 OIB shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
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26.8 Policv Chan2es. DIE 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 RiQhts. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City
will reimburse the Contractor for me cost of the additional premium for any cov~rage requested by the City in
excess of that required by this Agreement without overhead, profit, or any other marlrup.
26.10 Not a Limitation of Other ObliQations. Insurance provisions under this section shall not be construed to
timit the DIE' 5 obligations under this Agreement, including Indemnity.
26.11lVlaterial Breach. Failure to maintain, renew, or provide evidence of renewal during the term of this
A~eement may be treated by the City as a material breach of contract.
ARTICLE X.XVlI. TERMl.L'fATION/SUSPENSION OF WORK
27.1 Suspension of 'York for Archaeolo2:ical and/or Paleontolo2:ical Discoveries. If a discovery is made of an
archaeological or paleontological interest, DIB shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. \Vhen resumed, operations within the area of the discovery shall
be as directed by City.
27.1.1 Discoveries which may be encountered IDay include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27.1.2 DIE shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Termination of A~reement bv City for Canse. If; through any cause, DIE shall fail to fulfill in a timely and
proper manner DIE'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 this Agreement
by giving '\Titten notice to DIE of such termination and specifYing the effective date thereof at least five (5)
Calendar Days before the effective date of snch termination.. .
27.3 Termination or Susoension for Convenience bv City. City may terminate or suspend this Agreement at any
time and. for any reason, by giving specific written notice to DIE 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 bv DfB. DIE 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 27.3, for
more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume
Work or to tenninate the Agreement has not been received from City within this time period; or,
27.4.2 Failure to Pay Amounts Due and Not in Dispute. If City fails to pay DIE any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by DIE of a
request therefore.
27.5 D/B Action Reanired. Upon receipt of the Notice of Termination, DIE shall take any and all action that may
be necessary, or that the City 1Ylanager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of DIE 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 27.4, all finished or unfmished documents, data, studies, drawings,
maps, plans, specifications, reports and other materials prepared by DIE, 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.
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27.7 Citv Ri2ht to COffiolete Proiect. In the event that the Agreement is terminated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds, whlch
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to DfB Due to Termination. Upon termination, DIB shall be entitled to receive just and equitable
~ompensation 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 a..'1d any deductions permitted herein.
The fair and reasonable amount shall be detennined in good faith by City considering the following:
27.8.1 The price for completed services accepted, including any retention, by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, ifD/B would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 DIB and Design Subcontractor services through the date oftennination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by DIB
27.8.5 Any amounts for Work or Services agreed to by the City Manager and D/B, but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effective date of such termination.
27.8.7 If termination occurs during Phase 1, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or
Ill, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will D/B be entitled to any consideration for lost profit or lost
opportunity costs.
27.10Deductions. The amount due DfB shall be reduced by amounts including the following:
27.10.1 Any claim fhat 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 D/B or
sold under the provisions ofthis clause and not recovered by or credited to City.
27.1 OJ Damages caused by DIB'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 ofloss, fhe City Manager shall exclude from the amounts payable to D/B, the fair value, as
determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become uudeliverable to City.
27.11DisDutes. IfDIB does not agree that the amount determined by the City Manager is fair and reasonable. DIE
shall within thirty (30) Calendar Days of receipt of payment, shall gives notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 22-6.
27.12 Waiver of Claims. In the event of termination under fhis Article :x..."CVI, failure QfD/B to dispute amounts
paid in the manner and within the time frame provided in Section 27.11 shall act as a waiver of any and all
ciaims for damages or compensation arising under this Agreement for any and all \V ork and Services
performed under this Agreement up to the effective date of Notice of Termination. D/B hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27 .13Ri!!hts of City Preserved. In the event that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against D/B then existing or which may thereafter accrue. .Any retention
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or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance
bond surety.
ARTICLE ~XVIII. RECORDS AND AUDITS
28.1 Record Svstem - Reimburseable Costs. D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by DIB, during the previous month. If requested
by tbe City, D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record System - Hard Construction Costs. DfB shall develop and maintain an accurate system for tracking
all Hard Construction Custs it incurs on the Project. Utilizing this system, DIB shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during
the previous month.
28.3 Retention of Recants. DIE, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt of final payment under this Agreement
or three (3) years following final settlement associated with the termination ofthis Agreement pursuant to
Article ~"XV1I, 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 necessary, DIE and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within tbe City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. DIE 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. rfrecords are not made available within
the City/County of San Diego, then D/B shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.4.1 Costs. D/B and D/B'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 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 Writinz. Any demand upon or notice required or pennitted 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 law, any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day 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 Recioients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1
29.3.2
29.3.3
29.4 Recipients of Chall!:!e Orders.
29.4.1
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29.4.2
29.4.3
29.5 Chanze of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE "X.c'i...c'<:. MISCELLANEOUS PROVISIONS
30.1 Headings. All article headings are for convenien~e only and shall not affect the interpretation of this
Agreement.
30.2 Gender & Number. \Vhenever the context re-quires, the use herein af(l) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes the plural number.
30.3 Reference to Paragraohs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.4 Incorooration of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant. shall be deemed to be both covenants and conditions.
30.6 Interrration. This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or
modification of tbe 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 ,witing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this Agreement.
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Draftin2 Ambi~uities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the 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 bet\veen the main body of this
Agreement and the Exhibits, the main body of this Agreement shall control. Ifa 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 mam body of this
Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement.
30.12 Further Assurances. City and D/B each a~ee to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhihits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A
Exhibit B
35
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~~. = ~~,~. ,'r--
Exhibit C
Exhibit D
Exhibit E
Exhibit F
30.14 Comoliance with Controllim~: 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 if stated in the RFP,
during the design and preconstruction phases of a project, including inspection and land surveying work. In
addition, the Consultant shall comply immediately with all directives issued by the City or its authorized
representatives under authority of <lilY laws, statutes, ordinances, rules, or regulations. The laws of the State of
California shall govern and control the terms and conditions ofthi5 Agreement.
30.15 Jurisdiction. Venue, and Attornev Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
30.16 J\tlunicipal 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 California.
30.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought srising out
of this agreement, against the City unless a claim has fIrst been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if funy 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 DIB's contracts, purchase orders and other contracts between DIB and
third party services. D/B shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assi1:!nment. The DIB shall not assign the obligations under this Agreement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approvaL Any assignment in violation of this paragraph shall constitute a Default and is grounds for
irrunediate termination of this Agreementl 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 Indeoendent Contractors. The DIE, any consultants, contractors, subcontractors, and any other individuals
employed by the DIE shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the DIE concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DIE shall follow the direction of the City concerning the end results of the pertormance.
30.22 AoprovaL \Vhere 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 stich covenant, term or condition. No waiver of any breach shall atIect or alter this
36
7-99
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 Shming Authoritv. The representative for each Party signing on behalf of a corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, 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 W1TNESS VlHEREOF, this Agreement the City of Chula Vista and [INSERT] have executed this
Agreement thereby indicating that they have read and unuerstood same, and indicate their full and complete consent
to its terms.
This Agreement is dated
Agreement.
, 2010 and this date shall constitute the effective date of this
CITY OF CHULA VISTA, A Municipal Corporation
[INSERT COMPANY]
CHERYL COX, Mayor
By:
[NAME OF AUTHORIZED REPRESENTA TlVE}
By:
Attest:
Approved as to form and legality:
DONNA NORRIS, City Clerk
By:
BART MEISFELD, City Attorney
Dated
,2010
37
7-100
._..Il!"":'
EXHIBIT C
7-101
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'. "~"~1.1"wUf~'C"'-.' '~'.""~..:'Yp.'~c"r" '-"dI."."'. "~,,;~,.-~",-k'l
~, ~J\ ~; ;;;iff! ~; ",,' . ifg, ~~F'~'~':
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SHEET METAL, INC.
Table of Contents
PaGe
b
Description
l.
2.
Letter of Interest
Resume
~
J.
Client References
4.
Schedule of Rate
-
6. Complete Projects
7.
8.
Current Projects
List of projects involved in litigation or unresolved
claims
11222 WOODSIDE AVENUE, NORTH SAi'ITEE, CA 92071
CALlCENSE#831448 C43-C20-B (619) 937-0001 FAX (619) 448-0179
7-102
:
---'_.~- .-
~rU~COi1f
SHEET MET AL, INC.
June 25, 2010
Mr. Gordon Day,
Buxcon Sheet Metal would like to thank you for the opportunity to submit a proposal for
the repair and renovation at the Chula Vista Library. Buxcon Sheet Metal understands
and will abidc by the scope set forth by the City of Chula Vista.
Buxcon Sheet Metal is a licensed contractor with over ten years of experience installing
general and architectural sheet metal including but not limited to gutters, flashing, metal
rooting. Buxcon is a Small Business Enterprise certified by the State of California.
Buxcon has done both new construction and repairs and can provide references of such
upon request.
11222 WOODSrDE AVENUE, NORTH SAt'fTEE. CA 92071
CALlCENSE#831448 C43-C20~B (619)937-0001 FA.,'C (619) 448-0179
7-103
THOtvlAS K. BUXTON
2242 Honey Oak Lane
Alpine, CA 91901-2040
619-722-6412
EDVCA TION
1980
Valhalla High School
Diploma
1981-1984
San Diego Mesa College-Sheet Metal Workers Apprenticeship
F\lUr Year Program-Graduated as Journeyman
EXPERIENCE
1978-1980 West Coast Sheet Metal (WCSM)-Santee, CA Worked part-time
and after school, doing deliveries and shop work.
1981-1984 WCSM-Apprentice
Commercial, Residential, and General sheet metal and gutter systems
1984-1986 WCSM-Journeyman
Promoted to Journeyman upon graduation from Mesa College.
1986-1987 WCSM-Foreman
Promoted to Foreman with the responsibility of running 4 to 6 residential
and commercial jobs.
1987 -1994 WCSM-Genera1 Superintendent
Promoted to General Superintendent for of San Diego, Imperial, and San
Bernardino Counties
1994-2004 Aztec Sheet Metal, Inc - Owner
Responsible for coordinating tield operations
2004-Current Buxcon Sheet Metal, Inc. - Owner
Responsible for coordinating field operations
EstimatingIProject Management
7-104
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SPECIALITY EXPERIENCE
Metal Roof Systems
. AEP-SP AN - Approved Installer
. Berridge - Licensed Installer
. Metal Sales - Approved Installer
Translucent Skylight Systems: Kalwall, Skywall
Structural/Custom Glass and Acrylic Skylight Systems
Expansion Joint Systems:
. Balco - Certified Installer
. M&M Systems - Certified Installer
Composite Metal Panel Systems
. Laminators Inc. - Certified Installer
Metal Siding
o Y.M. Zinc - Approved Installer
Metal Buildings
. Butler Manufacturing - Certified Installer
. Empire Steel- Approved Installer
Residential & Commercial Gutter Systems
Welding-MIG, TIG
PERSONAL
I am 47 years old, married to Libby, two children Krystal28, Karli 26; (5) Grandchildren.
I am a San Diego native, with all my immediate family residing in the San Diego area. I
am active with my daughters and their families.
7-105
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gV~COR
SHEET METAL, INe
CITY OF CHULA VISTA
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
Attention: Gordon Day
RE: References
GENERAL CONTRACTOR
Swinerton Builders
Michael Hansberger/Randy Vandewater
P - 619-622-4040
F - 619-622-4042
Erickson Hall Construction
Michael Hall
P -760-796-7700
F -760-796-7750
Jaynes Corporation of California
Doug Muirhead
P - 619-233-4080
F - 619-233-4090
SUPPLIERS
Specialty Building Components
James Foy
P - 562-945-8951
F - 562-696-1075
Sunshine Supply Company
Jim Edwards
P - 619-276-7442
F - 619-276-0304
Berridge California Sales
Sam Garcia
P - 800-669-0009
F - 562-865-7878
11222 WOODSIDE AVENUE, NORTH SANTEE, CA 92071
CA UCENSE#831448 C43 C20-8 (619)937-0001 FAX (619) 448-0179
7-106
BUXCOR
_n _nO' _. ..- .....
- ,._n
SHEET METAL, mc.
Schedule of Rate
Labor Total $47,000.00
Field labor -460 hours @ $80.00 = $36,800.00
Fabrication labor -136 hours @$75.00=$\0,200.00
Material Cost $33,180.00
OH/P $ 9,500.00
Tax $ 3,330.00
Total $93,010.00
\\222 WOODSIDE AVENUE, NORTH SANTEE, CA 92071
CA LICENSE #831448 C43 - C20 - B 0(.619) 937-0001 FA.,'( (619) 448-0179
7-1 I
DV~COR
SHEET METAL, INe
CITY OF CHULA VISTA
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
Attention: Gordon Day
RE: WORK COMPLETED, 2009
UCSD Hillcrest Medical Center
Oceanside Marketplace
Ocean Village
Martin Furniture Warehouse
Helix High School Renovation
Dockweiler State Beach Youth Center
Opus Point IV (Lots 7-11)
Hooley's Remodel/Renovation
Mann Middle School
Citrus Ranch Park
VFW #5867 - Kitchen Renovation
EI Cajon High School Renovation
Sundance Elementary School
St. Anne's Catholic Church
Johnny Rockets & Coffee Bean
EI Cajon Shopping Center
Ferrari of San Diego
Chaparral Center
Arco Car Wash
Acton Library
Proflight TI @ Bressi Ranch
11222 WOODSIDE AVENUE, NORTH SANTEE, CA 92071
CALTCENSE#831448 C43-C20-8 (619)937-0001 FAX (619) 448-0179
7-108
BV~C01lJ
SHEET METAL, INe
CITY OF CHULA VISTA
ATTN: Gordon Day
WORK IN PROCESS
PROJECT NAME
Palomar College Planetarium
BEQ 210636 Repair
P-137 BEQ
U. S. Army Reserve Center
ARCO Storage Shed
Scripps Mercy Hospital, Building 7
Fuel Storage Facility
Chula Vista High School
Alvarado Water Facility
San Clemente Fire Station
Lake Matthews Fire Station
Cerritos College Auto Tech Complex
Scripps Mercy Hospital, Central Energy Plant
Palomar Medical Center
United States Consulate - Tijuana
St. Therese Church
San Marcos Elementary School
Grossmont Trolley Station
PCE Diesel
Buckman Springs Rest Area
P-601 Child Development Center
Miramar Brig
CONTRACT VALUE
$ 371,313.00
$ 133,S40.00
$ 207,140.00
$ 185,500.00
$ 47,983.00
$ 39,420.00
$ 118,850.00
$ 460,538.00
$ 100,250.00
$ 27,000.00
$ 175,000.00
$ 152,500.00
$ 490,826.00
$ 395,822.00
$ 340,656.00
$ 136,900.00
$ 161,500.00
$ 66,480.00
$ 38,500.00
$ 61,087.00
$ 252,000.00
$ 312,000.00
11222 WOODSIDE AVENUE, NORTH SANTEE, CA 92071
CALICENSE#831448 C43 C20-8 (619)937-0001 FA.,,((619) 448-0179
7-109
%
COMPLETE
0%
0%
0%
0%
20%
25%
0%
S7%
5%
0%
0%
0%
40%
2%
75%
60%
5%
0%
82%
0%
0%
0%
BVZCOR
SHEET METAL, INe.
List of Projects Involved in Litigation
Project:
Diegan Hotel
Owner:
5th Avenue Partners
Builder:
-th A P
) venue artners
Description:
Owner/Builder defaulted on payment to
subcontractors. Subcontractors have filed
Mechanic's Liens/lawsuits to recover.
11222 WOODSIDE AVENUE, NORTH SANTEE, CA 92071
CA LICENSE #831448 C43 -C20711,,(619) 937-0001 F~X (619) 448-0179
,
1-