5. City Request for Proposals (RFP) — Anaheim City Council, June 13, 2023 (part 1 of 2)

REQUEST FOR PROPOSAL

DESIGN-BUILD

SUSTAINABILITY EDUCATION CENTER (SEC)
February 8, 2023

Due Date (Technical Proposal): April 24, 2023, at 2:00 p.m. (Pacific) Due Date (Price Proposal): April 28, 2023, at 2:00 p.m. (Pacific) Submit Proposals to: Electronic Proposals shall be submitted using the City’s Planet Bids site. Planet Bid site login information (username and password) will be issued confidentially to each Proposer’s point of contact under separate cover.

City Contact Information: Brenda Medina, Construction Contract Administrator Construction Services Division, Public Works Department [email protected] / (714) 765-5157

City of Anaheim Public Utilities - Sustainability Education Center Request for Proposal (RFP)

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City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

Table of Contents

1. Introduction ........................................................................................................................................................... 2

1.1 RFP Administrative Information ......................................................................................................................... 2

1.2 General Project Introduction .............................................................................................................................. 2

1.2.1 Procurement Update ............................................................................................................................ 2

1.2.2 Introduction to Anaheim Sustainability and Education Center ............................................................ 3

1.2.3 Project Scope ....................................................................................................................................... 3

1.3 Project Goals ..................................................................................................................................................... 3

1.4 Guaranteed Maximum Price (GMP) .................................................................................................................. 3

2. Summary of Respondent Responsibilities ........................................................................................................ 4

2.1 Reference Documents ....................................................................................................................................... 4

2.2 Existing Site Conditions and Examination of DB Agreement Documents ......................................................... 4

2.2.1 Existing Site Conditions ....................................................................................................................... 4

2.2.2 Familiarization with the Scope of Work................................................................................................ 4

2.2.3 Design-Build Period Services and Responsibilities ............................................................................. 5

3. Procurement Process .......................................................................................................................................... 5

3.1 Procurement Process Overview and Schedule ................................................................................................. 5

3.1.1 Design-Build Procurement Process ..................................................................................................... 5

3.1.2 Procurement Schedule ........................................................................................................................ 5

3.2 Respondent Team Requirements ..................................................................................................................... 6

3.2.1 Conflict of Interest Policy ..................................................................................................................... 6

3.2.2 Restricted Parties................................................................................................................................. 6

3.2.3 Obligation to Keep Team intact ........................................................................................................... 6

3.3 Communications Protocols for Questions and RFIs/Clarifications Requested by COA .................................... 7

3.3.1 Communication Protocol and Questions from Respondents ............................................................... 7

3.3.2 Confidential Questions ......................................................................................................................... 7

3.3.3 COA Requests for Clarification (RFC) from Respondents .................................................................. 8

3.4 RFP Addenda .................................................................................................................................................... 8

3.5 Public Records and Firm Proprietary Information ............................................................................................. 8

3.5.1 Public Record ....................................................................................................................................... 8

3.5.2 Respondent Proprietary Information .................................................................................................... 8

3.6 Site Access ........................................................................................................................................................ 9

3.7 Confidential One-on-One Meeting(s) ................................................................................................................ 9

3.8 Proposal Evaluation Process........................................................................................................................... 10

3.8.1 Evaluation Committee ........................................................................................................................ 10

3.8.2 Proposal Compliance to RFP Requirements ..................................................................................... 10

3.9 Interviews......................................................................................................................................................... 11

3.10 Contract Negotiations ...................................................................................................................................... 11

3.11 Respondent Expenses and Stipends .............................................................................................................. 12

3.11.1 Respondent Expenses ....................................................................................................................... 12

3.11.2 Respondent Honoraria and/or Stipends ............................................................................................ 12 City of Anaheim Public Utilities - Sustainability Education Center Request for Proposal (RFP)

3.12 Appeals/Protests ............................................................................................................................................. 12

3.13 Miscellaneous .................................................................................................................................................. 12

4. Instructions to Bidders and Proposal Submittal Requirements .................................................................... 13

4.1 Submittal Deadline and Location ..................................................................................................................... 13

4.2 Proposal Size Limitations ................................................................................................................................ 13

4.3 Withdrawals / Resubmittals of Proposals ........................................................................................................ 14

4.4 Proposals: Required Sections and Section Weighting .................................................................................... 14

4.5 Evaluation Methodology .................................................................................................................................. 15

4.7 Required Proposal Organization, Contents, and Evaluation Criteria .............................................................. 16

5. Design-Build Agreement and Commercial Requirements Summary ............................................................ 24

5.1 General Overview ............................................................................................................................................ 24

5.2 Contract Security ............................................................................................................................................. 24

5.2.1 Design-Build Payment and Performance Bonds ............................................................................... 24

5.3 Required Insurance ......................................................................................................................................... 24

5.4 Other Project Requirements ............................................................................................................................ 24

5.4.1 Amended and Restated Community Workforce Agreement (CWA) .................................................. 24

5.4.2 Prevailing Wage Rates ...................................................................................................................... 25 List of RFP Attachments
A. Required Forms
Non-Price Forms
 Building Program Spreadsheet
 Alternates, Project Enhancements, and Added Value Matrix  Non-Collusion Affidavit
 Designation of Subcontractors
 Equal Employment Opportunity Certificates of Compliance  CWA Letter of Assent
 Certification of Proposal

Price Forms
 Price Proposal Form
 Lifecycle Cost Analysis (Narrative and Data on Proposer’s Form/Spreadsheet)  Bid Bond
 Price Proposal Spreadsheet
B. Draft Final Design-Build Agreement, General Conditions, and Appendices to the Design-Build Agreement The following are provided as attachments to the draft Design-Build Agreement.  Appendix 1. Basis of Design (BOD)
 Appendix 2. Reference Documents
 Appendix 3. Minimum Technical Requirements
 Appendix 4. Submittals, Review Procedures, and Workshops  Appendix 5. Permits and Approvals
City of Anaheim Public Utilities - Sustainability Education Center Request for Proposal (RFP)

List of Acronyms
APU Anaheim Public Utilities
AOR Architect of Record
COA City of Anaheim, California
CWA Community Workforce Agreement
DB Design Build
DBE Design-Build-Entity (inclusive of all
members)
PW Public Works
RFC Request for Clarification
RFI Request for Information
RFQ Request for Qualifications
RFP Request for Proposal
SOQ Statement of Qualifications
List of Defined Terms
Any capitalized terms not defined in this below or other sections in this Request for Proposal (RFP) shall have the meaning ascribed to them in Chapter 10.06 of the Anaheim Municipal Code.

Basis of Design (BOD) – Project Design
Criteria. The Basis of Design includes
project design criteria specified
as requirements that must be met by
the Project delivered by the DBE.

Contract Documents: The Design-Build
Agreement, including all Appendices,
amendments, and attachments. Described in
Article 1 of the Agreement.

Design-Build (DB). The fixed-price, single contract
procurement and delivery methodology used for
this project under the auspices of Anaheim
Municipal Code 10.06.

Design-Build Agreement (DB Agreement, DB
Contract, Contract). Agreement to be awarded by
the City Council to the Successful Proposer for the
Project.

Design-Build-Entity (DBE). As defined in Chapter

10.06 and referred herein as DBE.

Architect of Record (AOR). The individual(s) in
responsible charge of the design. The Engineer of
Record shall be a licensed professional engineer
in the State of California.

Evaluation Committee. The City has established
an Evaluation Committee responsible for
evaluating the Proposal for this RFP and
recommending a Selected Respondent for the
Project.

Final Completion. The stage of performance when
all Work has been completed in accordance with
the DB Agreement including, without limitation, all
correction or completion items noted in the
Certificate of Substantial Completion.

DBE members. Firms fulfilling the key roles
identified in Respondent’s Proposal and
committed to work on the Project if Respondent is
selected as the Successful Respondent. At a
minimum, members of the DBE shall include the
Design-Builder (General Contractor), Design
Architect, and may also include other
subconsultants and subcontractors that the DBE
will use to deliver the Project. The Lead Contractor
shall hold a current and active General Building–B
California Contractor’s License. The Lead Architect
(AOR) shall hold a current and active license
issued by the California Architects Board.

Design-Build Period. The period from the Notice to
Proceed to Final Completion.

Key Personnel. Individuals fulfilling the roles
identified in Respondent’s Proposal and
committed to work on the Project. At a minimum,
Key Personnel for the Design-Builder shall include,
but are not limited to, Project Executive,
City of Anaheim Public Utilities - Sustainability Education Center Request for Proposal (RFP)

Construction Project Manager, Construction
Superintendent, and Construction QA/QC
Manager. Key Personnel for the Design-Build
Architect shall include, but are not limited to,
Principal-in-Charge, Design Manager, Project
Manager, and Design QA/QC Manager.

Respondents may identify other individuals who
will play key roles in the DBE and shall add them
to the list of Key Personnel.

Owner or City. City of Anaheim, California.

Performance-Based Requirements. Criteria
(in Owner’s Project Criteria attached to this RFP)
that define measurable project performance
criteria and operational objectives. These criteria
include technical requirements, standard
construction specifications, and quality standards.

Price Proposal. Proposed price for completion of
the Project, which is known as the Price Proposal
submitted after the Technical Proposal for the
Project.

Project. The design and construction of the
Sustainability Education Center, as described in
this RFP and Design-Build Agreement.

Proposal. A response to the City’s RFP submitted
by a Respondent for the Project.

Request for Proposal (RFP). This solicitation
document that comprises the second step of the
two-step procurement process for the Project.

Request for Qualifications (RFQ). The first part of
the two-step procurement process to select the
DBE for the Project.

Respondent. A DBE who has submitted a
response to this solicitation.

Selected Respondent. The Respondent that is
determined by the Anaheim City Council to provide the
most advantageous Proposal to the City based on RFP
evaluation.

Statement of Qualifications (SOQ). The documents
submitted by a Respondent in accordance with the
requirements of the RFQ.

Substantial Completion. Demonstration by the DBE
that all preconditions for achieving Substantial
Completion as set forth in the DB Agreement.

Work. All of the administrative, design, engineering,
professional, manufacturing, supply, installation,
construction, supervision, management, testing,
verification, labor, materials, equipment, maintenance, documentation and other duties and services to be
furnished and provided by Design-Builder as required
by the DB Agreement, including all efforts necessary
and appropriate to achieve Final Completion of the
entire Project, except for those efforts which the DB
Agreement specify will be performed by the City or
other Persons.

City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

2 1. Introduction

1.1 RFP Administrative Information
RFP Title: Sustainability Education Center Request for Proposal Technical Proposal
Submittal Due Date: April 24, 2023, at 2:00 p.m. Pacific Time Price Proposal
Submittal Due Date: April 28, 2023, at 2:00 p.m. Pacific Time City Contact Information: Brenda Medina
Construction Contract Administrator
Anaheim City Hall – Public Works
200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805
Attn: Brenda Medina, Mail Stop: 276
Email: [email protected]
(714) 765-5157
Electronic Proposal Submittal Requirements 1
Submit Electronic
Technical and
Price Proposals to:

City of Anaheim Planet Bids Site

1.2 General Project Introduction

1.2.1 Procurement Update
In partnership with the Public Works Department, this Request for Proposal (RFP) for the Sustainability Education Center project is being issued by Anaheim Public Utilities (APU) to the Most Qualified Respondents based on the outcome of the SOQ evaluation process completed January 31, 2023. No other firm than the Most Qualified Respondents listed below are eligible to submit Proposals under this RFP solicitation.

The Most Qualified Respondents are (in alphabetical order):
 Team A: Blach Construction Company / WRNS Studio
 Team B: Flint Design Build LLC DBA Flint / Ruhnau Clarke Architects  Team C: Oltmans Construction Co. / SVA Architects, Inc.

COA encourages Respondents to provide the best solution for the Project within the boundaries of COA’s requirements as described in these RFP documents. COA expects to enter a Design-Build (DB) Agreement with a Design-Build Entity (DBE), selected from the Respondents, for the performance of the Agreement.

Submitted Proposals shall conform to the requirements of this RFP and shall be signed by the appropriately authorized official with the authority to commit Respondents to perform the services defined in the DB Agreement. By submitting a Proposal, a Respondent agrees, if selected, to enter good faith negotiations leading to execution of a DB Agreement based on the provided DB Agreement and information submitted with the selected Proposal. The criteria by which City will evaluate Proposals are set forth in this RFP.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

3 1.2.2 Introduction to Anaheim Public Utilities
Anaheim Public Utilities (APU) is comprised of professionals that serve a residential population of 350,000 and more than 20 million annual visitors to the City’s world class entertainment venues including the Anaheim Convention Center, Honda Center, City National Grove of Anaheim, the Anaheim Resort including Disneyland Resort and Anaheim Garden Walk, and Angel Stadium of Anaheim.

The Sustainability and Education Center (SEC) will be located at the corner of Vermont Avenue and Rose Place. Anaheim Public Utilities intends for this to be their flagship facility serving as an educational demonstration center that incorporates technology, sustainability, and workforce development programs.

As a local community resource, it will serve audiences inclusive of residents, businesses, K-12 students, college students, non-profit youth providers, and workforce development partners. The SEC will feature highly interactive, engaging, relevant, educational and multi-purpose exhibits that highlight energy- and water-efficiency measures and strategies, solar and other renewable technologies, Electric Vehicle (EV) charging stations, battery storage, water conservation, drought-tolerant garden displays, STEM-based student programs, job skills training in green jobs, and demonstrations on how water and electricity get to Anaheim homes and businesses. Exhibits will integrate LED displays that can be easily updated and allow for translation into multiple languages. The goal is to establish a community facility that would create a multisensory guest experience where kids and adults can touch, feel, experience, compete, and build on activities that promote sustainability initiatives and utility-themed career opportunities.

1.2.3 Project Scope
This RFP solicits Proposals from DBEs to deliver a scope of services described in this RFP, DB Agreement and Appendices, and includes design, permitting, procurement, development of O&M manuals, construction, and commissioning. Refer to the appendices for more details regarding the project overview and scope, Basis of Design (BOD), and other requirements.

1.3 Project Goals
The intent of this solicitation is to produce a highly sustainable completed facility of commercial quality which will operate efficiently and without unreasonable architectural, structural, mechanical, and electrical failure or deficiency throughout the expected life of the facilities. The design life required for the facilities shall be at least 50 years.

COA intends to achieve the optimum value for the budget available within the desired schedule. The DBE that provides the best value as described in this RFP will be selected. COA defines value in terms of exceeding minimum program requirements, excellence of design, durability of materials, and optimized life- cycle energy and maintenance costs, within the available budget as outlined in this RFP.

1.4 Guaranteed Maximum Price (GMP)
In addition to a fully furnished and functional facility, proposals shall include all costs for labor, materials, supervision, general conditions, mobilization, special inspections, and any/all fees, including all applicable design, regulatory compliance applications and permits.

The Guaranteed Maximum Price (GMP) is currently $8,500,000. The GMP represents the current total available funding for contract award of the base scope of work. The base scope of work is defined in the Basis of Design (BOD). Unless otherwise prescribed as an “Alternate,” all work defined in this RFP and its attachments, and appendices including the BOD shall be considered the base scope of work.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

4 The GMP shall include all the cost detail and breakdown as defined in the Price Proposal form. The Price Proposal must represent and include all items of the Technical Proposal and Performance Criteria and remain valid for 180 calendar days after the proposal due date and time.

The design and construction of the facility shall be completed in a Guaranteed Maximum Price (GMP) contract and include all requirements set forth in this RFP. This is not to be construed as a stipulated sum subject to change, but rather a true guaranteed not-to-exceed maximum cost.

2. Summary of Respondent Responsibilities

2.1 Reference Documents
Links to reference documents are issued as an Appendix.

2.2 Existing Site Conditions and Examination of DB Agreement Documents

2.2.1 Existing Site Conditions
Certain City-issue information is issued with this RFP and includes to an extent a site survey showing site boundaries and access, existing utilities, land use constraints, and geotechnical information.

2.2.1.1 Underground Facilities
Information and data with respect to underground facilities at the site is the responsibility of Proposers. It shall be the responsibility of the DBE to verify the substructure locations during the design phase.

2.2.2 Familiarization with the Scope of Work
Before submitting a Proposal, each Respondent shall familiarize itself with the scope of work, laws, regulations, and other factors affecting DB Agreement performance. The Respondent shall be responsible for fully understanding the requirements of the subsequent DB Agreement and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of DB Agreement requirements. The submission of a Proposal will constitute a representation of compliance by the Respondent. There will be no subsequent financial adjustment, other than that provided by the subsequent DB Agreement, for lack of such familiarization.

2.2.2.1 Permitting and Approvals
This RFP includes a document titled, “Permits and Approvals” and defines the allocation of responsibilities between COA and the DBE for obtaining various permits and approvals. Respondents should note that in certain circumstances, the DBE shall be responsible for obtaining permits and approvals with other agencies as applicable on behalf of COA since the permit or approval will be issued to the City. This does not relieve the DBE of the responsibility for obtaining such permits and approvals in time to meet its contractual schedule obligations.

Permitting price shall include all design-builder scope for obtaining required permits and approvals, including price of supporting studies, drawings, calculations, etc. COA reserves the right to monitor the DBE’s permitting activities, but this shall not relieve the DBE’s obligation to obtain and comply with all permits necessary for the performance of the services described in the DB Agreement and Appendices.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

5 2.2.3 Design-Build Period Services and Responsibilities The Design-Build Period is the period from the Notice to Proceed to Final Completion. The DBE shall provide all necessary services associated with the Project during this period as defined in the DB Agreement.

3. Procurement Process

3.1 Procurement Process Overview and Schedule

3.1.1 Design-Build Procurement Process
The Project will be contracted and delivered using a single contract for design and construction of the facility.

Step One was the RFQ prequalification process that resulted in the identification of the Most Qualified Respondents. Step Two is the RFP process.

An evaluation committee will review and evaluate the Proposals received in Step Two. The evaluation criteria are prescribed and will not be based primarily on lowest total cost. The Evaluation Committee will rank Proposals and enter negotiations with the top-ranked Respondent. The City Council will award the Project to the DBE whose Proposal is most advantageous to the city based on the evaluation criteria included within the RFP.

To support the evaluation process, Technical Proposals shall be submitted and evaluated prior to the submittal of the Price Proposal. Requests for clarification (RFC) maybe issued to Respondents to allow for amendment, if necessary, of Technical Proposals prior to submittal of the Price Proposal. Further RFCs regarding pricing may be issued after submittal of Price Proposals.

3.1.2 Procurement Schedule
Detailed dates for key milestones for both the Respondents and COA through the procurement process are prescribed and subject to change; any changes will be communicated via addendum to this RFP.

Anticipated Procurement and Project Schedule
Procurement Milestone Date
RFP Release 2/8/2023
Pre-Proposal Meeting (Anaheim West Tower – Gordon Hoyt Conference Room)
Project Site Visit (Vermont Ave. & Rose Pl.)
11:00 a.m., 2/23/2023
12:00 p.m., 2/23/2023

One-on-One Meeting #1
Team A: 8:30 a.m. to 10:00 a.m.

Team B: 10:30 a.m. to 12:00 p.m.

Team C: 1:00 p.m. to 2:30 p.m.
3/6/2023
One-on-One Meeting #2
Team B: 8:30 a.m. to 10:00 a.m.

Team C: 10:30 a.m. to 12:00 p.m.

Team A: 1:00 p.m. to 2:30 p.m.
3/27/2023
One-on-One Meeting #3 (Optional) 4/10/2023
City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

6 Anticipated Procurement and Project Schedule
Procurement Milestone Date
Deadline for Questions on RFP Close of Business
4/14/2023
Technical Proposals Submittal Due Date 2PM 4/24/2023
Price Proposals Submittal Due Date 2PM 4/28/2023
Interviews (Times TBD) 5/2/2023
Negotiations 5/8-5/10/2023
Notice of DBE Selection 5/10/2023
City Council Approval 6/13/2023
Notice to Proceed – Phase 1 (Design Development) 7/11/2023 Groundbreaking, DBE Early Mobilization and Site Prep, Phase 2 (Construction Documents) March 2024
Phase 3 (Construction) June 2024
Substantial Completion Date June 2025
Final Completion Date (Total Contract Duration: 720 Calendar Days) July 2025

3.2 Respondent Team Requirements

3.2.1 Conflict of Interest Policy
Engineering firms, architectural firms, consultants, or individuals retained by COA to assist in drafting the RFQ, RFP, or the Project’s preliminary design are not eligible to participate in the competition with any DBE bidding for the Project.

3.2.2 Restricted Parties
COA has retained the following consulting firms to provide guidance in preparing the RFQ, the RFP, and input to related financial, contractual, and technical matters. These firms are prohibited from responding to this procurement, joining any DBE, or otherwise assisting any Respondent with this procurement process:
 Ninyo and Moore
 John Friedman Alice Kimm Architects

3.2.3 Obligation to Keep Team intact
COA advises that the DBE, its members, and its Key Personnel identified in this Proposal shall remain in the DBE for the duration of the procurement process (and if successful, from award through completion of the Project). If extraordinary circumstances necessitate a change to Respondent’s DBE (firms or people), Respondent shall submit a change request to COA, which will determine whether to authorize the change at its sole discretion. If changes are necessitated by circumstances beyond Respondent’s control, substitute members of the DBE, its members, and Key Personnel shall be submitted to and approved by COA. Changes to DBE members or Key Personnel made by Respondent during the procurement process without COA’s authorization may disqualify the Respondent.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

7 3.3 Communications Protocols for Questions and RFIs/Clarifications Requested by COA
During the proposal period, Respondents may submit questions to COA according to the process described in the following sections for requests for information (RFIs) and non-confidential questions, requests for interpretation of DB Agreement, confidential questions, and/or communications with regulatory agencies. COA may, at any time, seek clarification on submitted materials or seek any other information from Respondents on an individual or collective basis.

3.3.1 Communication Protocol and Questions from Respondents If a Respondent is in doubt as to the true meaning of any part of the RFP, project technical requirements, specifications, or DB Agreement, or finds discrepancies or omissions, the Respondent may submit to COA a written request for an interpretation or correction. All communications regarding the Project, COA data related directly or indirectly to the Project, this Proposal, shall comply with the following communications protocol:
 All non-confidential questions related to this solicitation shall be submitted via email to the City Contact.  Questions received after the specified due date may not be considered, however, Respondents are encouraged to submit all questions for consideration. Clarifications deemed by the City to be material shall be answered via addendum. Addenda may be posted on the City Planet Bid site or individual  links to the Addenda shall be sent to the Respondents via email. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Respondent's responsibility to be informed of any addenda that have been issued.  Upon release of this RFP, Respondents, agents of Respondents, and consultants of Respondents shall only make inquiries to the designated Contact Person.
 Any oral communication will be considered unofficial and non-binding to the city.  Any verified allegation that a Respondent or an employee, agent, advisor, consultant, or subcontractor of a Respondent has engaged in prohibited communications or to unduly influence the selection process may be cause for the City to disqualify Respondent from participating, at City discretion.

3.3.2 Confidential Questions
All Respondents shall comply with the following communications protocols and process for confidential questions:
 Respondents may submit confidential questions in accordance with this section.  All confidential questions related to this solicitation shall be submitted via email to the City Contact and shall be specifically marked as “Confidential.”
 “Confidential” questions are restricted to those related to a given Respondent’s proprietary approach (e.g., an alternative technical solution) or specific circumstances (e.g., insurance or financial requirements) that would justify a confidential response.  If a question is marked “Confidential,” a direct response to the originating Respondent will be considered.
 Responses to questions submitted as “Confidential” will be provided only to the original requesting Respondent.
 Questions marked “Confidential” that, in COA’s sole opinion, warrant a response to all Respondents (e.g., changes or clarification of requirements or interpretation of RFP) or that, in COA’s sole City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

8 determination, do not contain proprietary information will be returned to the submitter unanswered, with a request to withdraw the question or to submit it on a “non-Confidential” basis.  Confidential Questions received after the specified due date may not be considered, however Respondents are encouraged to submit all questions for consideration.  Additional information and rules regarding confidential meetings and correspondence can be viewed in Appendix 9. Confidentiality agreement is in included in Appendix 9.

3.3.3 COA Requests for Clarification (RFC) from Respondents COA may ask for clarification on the information provided as part of Respondent’s Proposal via Requests for Clarification (RFCs). RFCs may include, but are not limited to, holding discussions or meetings with Respondents, requesting additional information from Respondents to support the information included in the Proposal and requesting resubmission of Proposals.

The Technical Proposal submittal due date is prior to the Price Proposal submittal due date so that COA may issue RFC requests, and Respondents may adjust their Proposals, prior to submittal of their Price Proposal.

From time to time, COA may request information from Respondents for informational purposes or to obtain feedback on Project-related issues. Such requests will be made collectively on an equal basis to all Respondents.

COA may also seek clarification from a specific Respondent on a confidential basis based on publicly available information regarding its team composition, financial condition, or performance.

In addition, COA may request clarifications on a confidential basis from individual Respondents to obtain further information regarding previously submitted materials or questions. In general, these clarification requests and responses are intended to be confidential in nature, but COA reserves the right to issue RFP Addenda to all Respondents when a clarification would result in information or changes to the Project requirements or scope.

3.4 RFP Addenda
COA will provide written responses to any questions, submitted in writing, on the Proposal to all Respondents. Where inquiries lead to changes in the Proposal, such changes will be issued by COA via addendum. It is the Respondent’s responsibility to obtain a copy of any Addenda relevant to this solicitation.

COA takes no responsibility for informing recipients of changes to the original solicitation document.

Respondents shall include an acknowledgement of all addenda with its Proposal’s Transmittal Letter.

3.5 Public Records and Firm Proprietary Information

3.5.1 Public Record
All proposals submitted in response to this RFP shall become the property of COA and shall become a matter of public record following the City Council Meeting for contract award.

3.5.2 Respondent Proprietary Information
The Respondent shall submit all documents deemed to be confidential in a separate envelope/file marked “CONFIDENTIAL & PROPRIETARY” and COA will make all reasonable efforts to maintain such documents in non-public files. The Respondent shall supply company address and contact person (including contact phone and email address). These documents shall be submitted to the City Contact no later than the Technical City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

9 Proposal submittal due date. If COA receives a public records request for a Proposal under state or federal law, COA will notify the Proposer of the request prior to release of the Proposal to allow adequate time for the Proposer, at its sole cost and expense, to seek a protective order or other appropriate remedy concerning such public records request.

3.6 Site Access
Proposers may access the site without prior approval from COA. Requests to access restricted areas (if any) shall be submitted to the City Contact.

3.7 Confidential One-on-One Meeting(s)
COA will invite Respondents to Confidential One-on-One Meeting(s) to discuss the Project prior to the due date for the technical proposals. The topics discussed in these meetings will remain confidential and will not be disclosed to competing firms. These confidential meeting(s) are not scored or otherwise evaluated as part of the Proposal. The meeting is for the sole benefit of the Respondent to be able to ask questions and have a dialogue with COA staff regarding the Project and project requirements, thus enabling the Respondent to better prepare its Proposal.

The purpose of these meetings is to give Respondents an opportunity to provide insight to its respective technical and delivery approaches to ensure compliance with COA’s Project objectives. In addition, each Respondent shall have an opportunity to (a) ask questions of COA to gain a better understanding of the Project and RFP requirements; (b) ask questions or raise concerns related to the procurement process or submittal requirements; and (c) ask any questions related to clarifying COA’s vision for the Project. Any information presented by a Respondent will be preliminary and non-binding until formally offered in writing or set forth in its Proposal. Information regarding a Respondent’s individual approach and potential proprietary solutions will not be shared with other Respondents.

Confidential One-on-One Meeting Ground Rules. Confidential One-on-One Meetings will generally be structured according to the following ground rules:
 Apart from any Project update and introductory comments to be presented by COA and its Representatives, the agenda is at each Respondent’s discretion.  A confidentiality agreement will be signed by each meeting attendee, including COA staff and others attending on COA's behalf, prior to the start of each Confidential One-on-One meeting.  COA will not discuss any information submitted by other Respondents as part of this procurement, at any time. COA will discuss information related to a Respondent’s own submittal, as requested by the Respondent.
 COA will not provide, and Respondents shall not seek to obtain commitments during these meetings.  Respondents shall not seek to obtain an unfair competitive advantage over any other Respondent.

These meetings are not intended to provide any Respondent with access to information that is not similarly available, or made available, to other Respondents. Accordingly, material information about the Project or procurement that COA reveals or discusses in response to questions raised in a Confidential One-on-One Meeting will be made available to the other Respondents unless COA, in its sole discretion, determines that disclosure of such information:
 would impair the confidentiality of information submitted as part of this procurement or reveal a Respondent’s confidential business strategies,
 is not necessary to address an error in the RFP Documents,  is not necessary for purposes of fairness and transparency, and  is not required by the Public Records Act.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

10  The conduct and/or discussions that occur during Confidential One-on-One Meetings will not be considered during Proposal evaluations.
 The proposer shall keep meeting minutes of these confidential meetings and shall submit those meeting minutes as part of their final technical proposal.
 For further information and confidentiality agreement See Appendix 9.

3.8 Proposal Evaluation Process
COA will establish an Evaluation Committee to review and score Proposals, conduct interviews, and ultimately select the top ranked candidate from among the Respondents. The Proposal Evaluation Committee may differ from the SOQ Evaluation Committee at the discretion of COA.

Evaluation Committee members represent a range of specialties within the water industry. Proposals shall be written and compiled in such a way that allows both experts and non-experts to understand the contents.

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the Evaluation Committee may waive any minor irregularity in the RFP and may request clarification or additional information to remedy a failure. At its sole discretion, the Evaluation Committee may also reject all Proposals and/or terminate this solicitation.

Respondents will be required to demonstrate that they meet submittal requirements. The Evaluation Committee will evaluate, score, and rank the responsive Proposals that satisfy the evaluation criteria set forth herein. Price Proposals will be evaluated and scored separately from the non-financial material of the Technical Proposal. The Respondents will receive a final ranking based on the combined Technical Proposal and Price Proposal scores as described in this RFP. Upon completion of the evaluation process, COA will negotiate with the top ranked Respondent. If negotiations are successful, the top ranked candidate will be recommended to the City Council and, if the City Council determines that the Respondent’s Proposal is the most advantageous to the City based on the evaluation criteria, the City Council will award the agreement unless the solicitation is cancelled prior to award. Upon completion of the procurement process, COA will notify each Respondents of its status.

3.8.1 Evaluation Committee
An Evaluation Committee will be established by COA. The Committee will evaluate all Proposals received in accordance with the evaluation criteria and will be solely responsible for review and scoring Proposals, conducting interviews, and ultimately recommending a Selected Respondent with which to start negotiations.

Technical consultation by COA staff and its advisors will be provided to support the Evaluation Committee's evaluation process. COA reserves the right to modify evaluation committee membership at any time, including between Step 1 and Step 2 Proposal phase evaluation.

3.8.2 Proposal Compliance to RFP Requirements
Proposals will be reviewed for compliance with requirements of the RFP by COA staff and advisors. The results of these reviews will be provided to the Evaluation Committee for use in its evaluation process.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

11 3.9 Interviews
COA will conduct interviews as part of the evaluation process. Information provided during the interviews may be taken into consideration when evaluating the Respondent’s Proposal . COA will not reimburse the Respondents for the costs associated with the interview process. Interviews will be held at a time and place specified by COA. The interview’s format, instructions, and interview room setup will be provided prior to the interviews.

The following ground rules shall govern the interview process:
 All interviews shall be of uniform duration.
 The number of attendees allowed at the interview may be limited and will be at the sole discretion of COA.  COA may elect to ask Proposal-specific questions (i.e., each team may be asked different questions based upon the specifics of its Proposal). Alternatively, COA may elect to use the same interview questions for all Respondents.

3.10 Contract Negotiations
The following is the procedure for contract negotiations and award:

1. If COA determines that it intends to award a DB Agreement to the Selected Respondent, it will transmit the Notice of Intent to Commence Negotiation with Highest Ranked Respondent.

2. COA will enter negotiations with the Highest Ranked Respondent to among other things, finalize project costs, scope, schedule, and the DB Agreement and Appendices.

3. When negotiations are successfully completed with the Highest Ranked Respondent, a DB Agreement shall be signed by the Highest Ranked Respondent and will be submitted to the City Council for approval.

Following approval, City and this Respondent will execute the DB Agreement.

4. If negotiations are unsuccessful, negotiations will cease with the Highest Ranked Respondent and may begin with the next highest ranked Respondent.

5. The RFP, the RFP attachments, DB Agreement, and the Selected Respondent’s Proposal will become incorporated as the complete Agreement. The Selected Respondent shall execute the DB Agreement, including but not limited to:

Signing all necessary documents and submitting all required evidence of insurance, within ten (10) days after personal delivery of the notice or within fifteen (15) days after such notice has been deposited in the United States mail.

Once the award is made by the City Council, the successful DBE shall post the Performance and Payment Bonds.

One copy of the DB Agreement will be returned to the Selected Respondent after the City executes the Agreement.

In case of failure of the Selected Respondent to execute and return the contract and all required documents within the time allowed, the City may, at its option, consider that the Selected Respondent has/have abandoned the DB Agreement.

6. Upon execution of the DB Agreement, the City will issue a Notice to Proceed to the DBE to commence work under the Agreement.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

12 3.11 Respondent Expenses and Stipends

3.11.1 Respondent Expenses
Nothing contained in this RFP shall create any contractual relationship between any responding firm and COA. COA accepts no financial responsibility for costs incurred by any Respondent regarding this RFP.

3.11.2 Respondent Honoraria and/or Stipends
COA will not provide any compensation in the form of a stipend or honorarium to Respondents in conjunction with this procurement process.

3.12 Appeals/Protests
Respondents that are not selected as the Successful Proposer may appeal the determination by (1) giving written notice to the City Contact of its intent to appeal no later than three business days after receiving notice of COA’s determination, and (2) requesting a hearing. Hearings shall be conducted and concluded no later than ten business days (or such later date as reasonably required by COA) after COA’s receipt of a timely appeal and hearing request.

The hearing so provided shall be an informal process conducted by a Hearing Officer to whom COA has delegated responsibility to hear such appeals. At or prior to the hearing, COA will provide a basis for selection. The Respondent will be given an opportunity to present information and argument in opposition to the Respondent selection determination. No later than ten business days after completion of the hearing (or such later date as reasonably required by COA), the Hearing Officer will render his/her decision. City Council award of the DB Agreement will not be delayed allowing for completion of an appeal process.

Failure to submit a timely appeal and hearing request with COA waives all rights to challenge COA’s selection determination.

3.13 Miscellaneous
COA may, in its sole and absolute discretion, in connection with this RFP do, without limitation, all the following:

Ask for clarification on information provided as part of Respondent’s RFP.

Conduct investigations with respect to the qualifications and experience of each Respondent.

Visit and examine any of the facilities relevant to a Respondent’s Proposal, discuss Respondent’s work with representatives at such facilities, and observe and inspect the operations at such facilities.

Reject any or all Proposals, waive any technicalities, immaterial irregularities, or minor informalities in a Proposal, and request clarifications or modifications during evaluation.

Qualify additional Respondents to submit a Proposal.

Eliminate any Respondent who submits an incomplete or inadequate Proposal or is not responsive to the requirements of this RFP.

Supplement, amend, or otherwise modify the RFP through the issuance of Addenda to all Respondents, and to supplement the RFP with information, prior to the RFP Response due date.

Addenda issued to the RFP may expand or cancel any work described in the RFP.

Issue one or more addenda to the RFP, including addenda that extend the RFP response due date.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

13 Cancel this RFP in whole or in part, with or without substitution of another RFP.

COA assumes no obligation to accept or act on any Proposal.

Disqualify, in its discretion, any Respondent who violates communication protocols or otherwise compromises the objectivity, integrity or fairness of the procurement process.

Perform investigations as may be deemed necessary by COA to verify the accuracy of the contents of Proposals.

Determine that a question submitted by a Respondent as “confidential” warrants a response to all Respondents, and to return the question to the Respondent unanswered with a request to withdraw the question or submit it on a ‘non-confidential’ basis.

Appoint an Evaluation Committee and evaluation teams to review Proposals and to consider the advice and assistance of advisors in any subject matter in Proposal evaluation.

Disqualify any Respondent that changes its organization as presented in its SOQ that was submitted to COA within its Proposal, without COA written approval.

End contract negotiations with the Selected Respondent, at any time and for any reason, at the sole discretion of COA.

Begin contract negotiations with the second ranked Respondent, if contract negotiations with the highest ranked Respondent fail, at the sole discretion of COA.

By responding to this RFP, the Respondent agrees that any finding by COA of any fact in dispute as to this RFP or the responses thereto shall be final and conclusive, except as provided herein.

4. Instructions to Bidders and Proposal Submittal Requirements

4.1 Submittal Deadline and Location
Respondents shall upload complete electronic PDF files of the complete Technical Proposal to COA’s Planet Bids site no later than the specified deadline. Respondents shall upload complete electronic PDF files of the complete Price Proposal to the COA’s Planet Bids site no later than the specified deadline.

Proposals received after the time and date specified above will not be considered. Each Proposal Volume shall be uploaded separately to the City of Anaheim Planet Bid Website.

4.2 Proposal Size Limitations
Respondents are highly encouraged to limit responses to only the length necessary, avoid marketing materials and extraneous content. Respondents shall strictly follow the submittal outline. Required information not provided within the required section may receive significantly lower scores.

Page layout and font types and sizes shall be legible. While there is no minimum font size, it is expected that narrative sections are legible. Smaller fonts are to be expected for tables and graphics, but illegible or difficult to read material may receive significantly lower scores. Where page limits are noted for specific sections, a page is considered one 8.5 inch by 11-inch face and all pages shall be numbered (e.g., an 11 inch by 17-page counts as two pages).

Electronic submittals shall be in PDF format set for printing on standard equipment and paper sizes without printer adjustment.

Respondents may add password-protection security to their Price Proposal, as well as any proclaimed confidential or proprietary information. Once Submitted, any passwords shall be provided to the City Contact.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

14 4.3 Withdrawals / Resubmittals of Proposals
A Respondent may formally withdraw and resubmit its Proposal at any time prior to the Proposal due date and time. Additionally, a Respondent shall notify COA if it intends to withdraw from the procurement, via a written letter sent to the designated City Contact.

4.4 Proposals: Required Sections and Section Weighting
To facilitate review of the information submitted, Proposals must contain the required sections presented in the order listed below. The Technical Proposal will be scored as follows:

Required Proposal Organization and Scoring
Required Sections Points Available
Volume 1. Detailed Technical (Non-Price) Proposal
Section 1. Transmittal Letter & Executive Summary Evaluated for Compliance Only
Section 2. Project Organization and Key Personnel 5
Section 3. Architectural Design 25
Section 4. Site, Civil, Landscape, and Circulation Design 15 Section 5. Mechanical, Electrical, and Plumbing Design 10 Section 6. Structural Design 10
Section 7. Alternates, Project Enhancements, and Added Value 20 Section 8. Efficient and Quality Delivery and Completion On (or ahead of) Schedule 10 Section 9. Mitigation of Subsurface Conditions and Negative Construction Impacts 5 Section 10. Statement of Exceptions Deductive
Evaluation Only
Section 11. Proposal Attachments Evaluated for
Compliance Only
Volume 2. Drawings and Materials/Equipment Data Sheets
Section 12. Drawings and Materials/Equipment Data Sheets Scored as part of
the criteria in
Volume 1
Interviews: Scored at time of Interview (scoring criteria will be issued with Interview instructions prior to interview dates) 25
TOTAL: 125

The Price Proposal (Volume 3) shall be maintained as a separate file/detached from the Technical Proposal.

Volume 3. Price Proposal
Section 13. Price Proposal Evaluated for Compliance
Only

Proposals that do not contain the requested information may be rejected at COA’s discretion.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

15 4.5 Evaluation Methodology
COA will evaluate compliant Proposals on a combination of compliance, non-price (technical), and price factors to determine which one provides the city with the “best value,” as defined below. The DBE that achieves the lowest cost per technical point will be selected as the apparent Best Value Proposer.

Conformance. It is COA's intent that all Respondents comply with the minimum requirements of the RFP and supporting documents. It is each Respondent's responsibility to demonstrate that its Proposal conforms to COA's requirements. Non-conforming submittals are likely to be scored significantly lower by the Evaluation Committee and, in extreme cases, non-conforming Proposals may be disqualified at COA's sole discretion.

Using the evaluation criteria identified in this RFP, the Evaluation Committee will evaluate the proposals to determine the score of each technical proposal.

BEST VALUE DETERMINATION. For each technical proposal, the Best Value Score will be calculated as follows:

Best Value Score = DBE’s Total Proposal Price
Total Proposal Points
DBE’S TOTAL PROPOSAL PRICE. The DBE’s Total Proposal Price used to determine best value for each responsive proposal will be the sum of the following:
(1) DBE’s Price Proposal for Base Scope of Work
+ (2) Total of all Alternates
DBE’s Total Proposal Price
Notes:

1. DBE’s Price Proposal for Base Scope of Work: This amount will be taken from the Price Proposal Form.

2. Alternates: Alternates will be taken from the Price Proposal Form.

TOTAL PROPOSAL POINTS. The Total Proposal Points used to determine best value for each technical proposal will be determined as follows:

Total Proposal Points = Total Average Points Awarded by Evaluation Committee - Lifecycle Cost Analysis Points

LIFECYCLE COST ANALYSIS POINTS. DBEs are required to specify the total cost of ownership over fifty (50) years in their Price Proposal. Points will be deducted from the Total Proposal Points as follows:

Lifecycle Cost Analysis
Point Deduction

50-year Present Value Building Cost (Total Cost of Ownership):

No deduction 0% - 5% more than Initial Building and Building Systems Cost -5 points 6% - 10% more than Initial Building and Building Systems Cost -10 points 11% or more than Initial Building and Building Systems Cost

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

16 EXAMPLE BEST VALUE DETERMINATION. An example of how the best value is determined is as follows:

Team
Technical
Proposal
Points

Lifecycle
Cost
Point
Deduction
Total
Proposal
Points
DBE’s
Total Proposal
Price

Best Value Score
(Cost/Technical
Point) A 87 0 87 $9,400,000 $108,045.98 per
point
B 95 0 95 $9,500,000 $100,000.00 per
point
C 75 -5 70 $8,900,000 $127,142.86 per
point
In the example, Team B has the lowest cost per technical point/Best Value Score and would be selected as the apparent Lowest Responsible Proposer.

4.6 Required Proposal Organization, Contents, and Evaluation Criteria The response to the RFP will be evaluated and scored according to the Proposal content requirements and evaluation criteria on the following pages, which contains instructions to Respondents, Proposal submittal requirements and evaluation criteria.

Each main section will be separated with a tab or page break (at a minimum). This organization aligns with the evaluation criteria. Thus, Proposals not submitted in this organization will be scored lower. Responses to the submittal requirements that do not account for the evaluation considerations will be scored lower.

This space intentionally left blank
City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

17 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
Volume 1 Technical Proposal. Volume 1 SHALL NOT include any pricing information. Inclusion of such information shall constitute grounds for determining a Proposal to be non-responsive.

Table of
Contents
Provide a Table of Contents that includes major headings of the Proposal and associated page numbers as well as lists of tables, graphics, figures, exhibits, and required attachments.

Evaluated for
Compliance Only

1. Transmittal
Letter &
Executive
Summary

1. Provide a Transmittal Letter that includes:
 Signature of an authorized representative of Respondent with authority to commit Respondent to the work
 The name, title, address, email, and phone for Respondent’s preferred single point of contact for all procurement-related communication
 Acknowledgement of all Addenda
 Certify under penalty of perjury that the information provided in the Proposal is true and correct

2. Provide an Executive Summary that address the following topics:
 Overall summary of enhancements and benefits of Respondent’s proposed approach with respect to COA’s goals and objectives.
 Ability to deliver on (or ahead of) schedule.
 Address why the project approach represents the overall best value to the City.

Evaluated for
Compliance Only
Transmittal
Letter: 1 page
max
Executive
Summary: 2
pages max

2. Project
Organization,
and
Qualifications of
Key Personnel
Describe proposed project organization, including:
 Roles and responsibilities of the Design-Builder as the primary contracting entity.  How local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc.
 Staffing levels and the extent of commitment of key personnel for duration of the contract.  Design-Builder’s capacity to perform the work within the time limitations, considering and identifying Design-Builder’s current and planned workload and Design-Builder’s workforce.

2 pages max
(excluding
teaming
agreements and
resumes – each
resume shall not
exceed 2 pages)

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

18 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
 Provide an organizational/key personnel chart, including identification and responsibilities of key personnel as follows:

Design-Builder (Contractor) Architect Subconsultants & Subcontractors* Project Executive
Construction Project
Manager
Construction Project
Engineer
Construction Superintendent
Construction QA/QC
Manager
Principal-in-Charge
Design Manager
Project Manager
Design QA/QC
Manager
Structural
Mechanical/Electrical/Plumbing
Civil
Geotechnical

*Include names of subcontractors if known at the time of Technical Proposal submittal.

Attach the resumes of proposed Key Personnel identified above; include their professional licenses and registrations (DBIA certification preferred); and indicate whether they worked on comparable project including any of the comparable projects submitted for consideration with the Prequalification/SOQ.

The City’s evaluation will consider the entire team, therefore changes in team composition or personnel after award will not be allowed without prior written approval of the City.

A copy of the teaming agreements between all parties must provide and will be attached as an Exhibit to the DB Agreement
The selected DBE’s management and key personnel chart will be attached as an Exhibit to the DB Agreement.

3. Architectural
Design
Identify the design context and philosophy; demonstrate the proposed architectural design provides for a fully functional education facility; and:
 Achieves the project goals outlined in the Basis of Design (BOD).  Incorporates architectural designs and materials consistent with the contextual design principles of facilities with similar size, functionality, and aesthetic presented by the City.  Addresses flexibility, functionality, and circulation of interior space access and usage. Place the completed Building Program Spreadsheet in this section. 4 pages max
City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

19 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
 Includes considerations for durability and extended deferred maintenance with quality construction.  Includes other architectural, landscape, circulation, and acoustic design and aesthetic considerations.  Explain how the DBE team will work seamlessly with the City’s Exhibit Designer and will include those designs in their solution.

4. Site, Civil,
Landscape, and
Circulation
Design
Demonstrate the proposed site, civil, landscape, and circulation designs:
 Comply with the requirements outlined in the Basis of Design (BOD).  Include the following:
 Innovative and cost-effective solutions to design and construct the site, building, and systems.  Functionality, circulation, safety, and security of the site for occupants, visitors, and vehicles, including buses.
 Other architectural, landscape, and circulation design and aesthetic considerations.  Site utility design, including upgrades, rerouting, points of connection, and locating of existing underground services.
 Compliance with all accessibility codes and other applicable documents referenced in the BOD. 3 pages max

5. Mechanical,
Electrical, and
Plumbing Design
Describe the proposed mechanical, electrical including low-voltage, and plumbing designs; identify their features and system advantages; and demonstrate that they will:
 Meet or exceed the requirements outlined in the Basis of Design (BOD).  Provide durability, ease of maintenance, aesthetic, and energy efficiency/conservation considerations.  Include acoustical, vibration, and sustainable considerations. 2 pages max

6. Structural
Design
Describe the proposed structural design and identify proposed materials and system advantages; and demonstrate that the proposed structural system:
 Will meet or exceed the requirements of the Basis of Design (BOD), the California Building Code (CBC), and other seismic and safety considerations.
 Explain how the Structural Design consider the needs of the Exhibit Designer’s solutions. 2 pages max
City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

20 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations

7. Alternates,
Project
Enhancements,
and Added Value
 Submit the Alternates, Project Enhancements, and Added Value Matrix listing project enhancements and indicating whether project Alternates are included in the base bid, at no additional cost. Project enhancements provide COA with added value to the base bid requirements, at no additional cost.  Demonstrate that the proposed design, materials, and construction quality exceed the requirements of the base bid. For each Alternate Description, include details on proposed manufacturer or product, its advantages, and all associated materials and applications, if applicable.

1 page max,
excluding Matrix

8. Efficient and
Quality Delivery
and Completion
On (or ahead of)
Schedule
 Describe how the Respondent will manage the Project, including, but not limited to, how it will track decisions, facilitate reviews, and communicate with COA, its stakeholders, regulatory agencies, and other third parties.
 Describe the Respondent’s Quality Control methods and how they will comply (at a minimum) with any Quality Requirements defined in the Contract Documents.  Describe how the DBE construction team will integrate and collaborate with the Exhibit Vendor.  Provide a Preliminary Design and Construction Schedule considering all Project deliverables. This schedule should reflect major design and construction activities. Outline any concerns regarding the schedule.
 Provide the following information:
 With specific emphasis on long-lead items, describe approach to procuring materials for the Project.  Describe approach to obtaining the required permit and approvals necessary to complete the design and construction. Provide your approach and assumptions to obtaining permits. Identify any permits unique for your design concept that are not identified in this RFP including the issuing agency and any support required to secure those permits.
 Describe approach for administering and enforcing the obligations of the Amended and Restated CWA.
 Describe the overall approach to meeting the specified Substantial Completion date. Provide the detailed Project schedule.
 Identify significant contract activities including shoulder-to-shoulder sessions, and procurement activities and durations, including the activities required to complete the Construction Documents and obtain required approvals.
2 pages max
(excluding
Schedule)
City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

21 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations

9. Mitigation of
Subsurface
Conditions and
Negative
Construction
Impacts
Describe how Respondent will minimize or eliminate the risk of increased costs or adjustments to the Contract Time with consideration of the following:
 Excavation and grading requirements including proposed shoring and monitoring of existing facilities and/or structures.
 Underground utility identification, relocation, and/or removal.  Existing groundwater conditions. Description includes discussion of potential mitigation of shallow groundwater conditions including the need for dewatering and the potential use of excavated soils as backfill.
 Other geotechnical conditions including rock or sand/fill.  Subsurface contamination.
 Mitigation of construction noise, vibration, dust, traffic, etc. affecting surrounding community. 2 pages max

10. Statement of
Exceptions
Respondent shall certify that it takes no exceptions to the project requirements and the contents of this RFP.

If the DBE takes exception(s) to any portion of the project requirements, scope of work, or this RFP, the specific portion to which exception is taken shall be identified and explained.

Deductive
Evaluation Only

11. Proposal
Attachments
Proposal Attachments and Non-Price Forms
Non-Price Forms
 Building Program Spreadsheet
 Alternates, Project Enhancements, and Added Value Matrix  Non-Collusion Affidavit
 Designation of Subcontractors
 Equal Employment Opportunity Certificates of Compliance  CWA Letter of Assent
 Certification of Proposal

Evaluated for
Compliance Only
City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

22 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
Volume 2 – Drawings, Equipment Data Sheets, and Schedule

12. Drawings,
Materials/
Equipment Data
Sheets, and
FF&E
Certification
Respondent may submit any of the following to support the contents of its Technical Proposal:
 Drawings:

1. Demolition Plans:
 Sequence for demolition; including locating, identifying, disconnecting, sealing / capping / safeing- off and protecting utility services.
 Locations of temporary dust and noise control partitions and means of egress relative to adjacent communities.
 Path of hazardous and non-hazardous waste removal.

2. Site Plan depicting building layout and proposed finished conditions.  Illustrate relationships with existing site elements and buildings, and include:
o Location and descriptions of proposed hardscape design elements in relation to facilities and site amenities, including emergency vehicle access and fire hydrants. o Location of proposed parking, roads, ramps, driveways, sidewalks, landscape, access gate(s), perimeter walls, and other various site/building features. o Building(s) and site (ADA) accessibility.
o Location of existing and proposed site lighting and proposed site electrical equipment.

3. Conceptual Structural Plan and Conceptual Foundation Plans illustrating structural design concept.

4. Architectural Plans:
 Exterior elevations with material textures and colors.  Floor plan(s) with all developed spaces.
 Roof plan(s) with any major roof mounted equipment.
 Optional: 3D/perspective representation of the exterior design.  Optional: 3D/perspective representation of interior design to show special features facility floor plan.  Materials/Equipment/ Color Board
 Furniture, Fixtures, and Equipment and Exhibit Layout:
 Confirm the FF&E program for all furniture, fixtures, and equipment and review the proposed Exhibit Program. Confirm that DBE understands all requirements that will be needed to integrate the FF&E and Exhibits.

Scored as part of
the criteria in
Volume 1
No page limits

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

23 Technical Proposal Content Requirements
Proposal
Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
Volume 3 – Price Proposal Volume 3 shall be submitted under separate cover.

13. Price
Proposal
 Price Proposal Form. Form includes descriptions for specific allowances. Use of the allowances will only be authorized by COA.
 Lifecycle Cost Analysis. Include a narrative description and data (spreadsheet) of their 50-year lifecycle cost analysis (excluding enhancements) to include at a minimum:
1) Initial building and building systems costs
2) Energy consumption costs
3) Operation and maintenance costs
4) Replacement costs (if applicable)
5) Life expectancy of major building systems
6) Total cost of ownership over fifty (50) years
 Bid Bond on COA form.

Each Proposal shall be accompanied by a Bid Bond on the form provided by COA executed by the bidder as principal and an admitted surety insurer, pursuant to Code of Civil Procedure, Section 995.120, in an amount not less than 10% of the maximum amount of the DBE’s price proposal for the base scope of work. The check or Bid Bond shall be given as a guarantee that the Respondent shall execute the DB Agreement if awarded, in conformity with the Agreement and shall provide the surety bond or bonds as specified therein after notification of COA’s intent to award the Agreement to the bidder.

The bond or bonds shall be issued by a company or individual possessing a Certificate of Authority to transact surety insurance in California issued by the California State Department of Insurance. Surety shall be a California admitted surety who is U.S. Treasury listed and whose U.S. Treasury listing indicates a bonding capacity more than the DBE’s price proposal for the base scope of work. If a California admitted surety insurer issuing a bond does not meet these requirements, the insurer will be considered sufficient if all the submittal requirements of Section 995.660 of the California Code of Civil Procedures are satisfied.
 Price Proposal Spreadsheet.

Evaluated for
Compliance &
Best Value
Determination

City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

24 5. Design-Build Agreement and Commercial Requirements Summary

5.1 General Overview
The Design-Build Agreement and Appendices constitute the risk allocation, responsibilities, and obligations sought by COA. Certain Appendices will require Proposal-specific information to complete. Respondents shall be aware that, if selected, information submitted in its Proposal will be included in the final DB Agreement and Appendices.

Proposal-specific information that may become part of the DB Agreement and Appendices includes, but is not limited to, drawings, equipment lists, equipment data sheets, pricing forms, operating parameters, and insurance forms. The DB Agreement may also include, either by reference or as additional exhibits, applicable portions of the Selected Respondent’s SOQ.

Note: The DB Agreement represents the City’s standard language for its projects. If a Respondent has any specific concerns regarding any of the City’s contract language or requirements, which would render the Respondent unable or unwilling to enter into a DB Agreement with the City, the Respondent shall identify these concerns during the Confidential One-on-On Meeting(s). Exception to or deviations from the City’s standard language may be considered by the city in its evaluation of the responsiveness of a Proposal.

5.2 Contract Security

5.2.1 Design-Build Payment and Performance Bonds
The selected Respondent will be required to obtain 100% Payment and Performance Bonds provided as an attachment to the RFP.

5.3 Required Insurance
The types and limits of insurance to be provided by the Selected Respondent are set forth in Article 13 Insurance and Bonds of the General Conditions.

5.4 Other Project Requirements

5.4.1 Amended and Restated Community Workforce Agreement (CWA) The City has entered into a Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA, as amended and restated, is a pre-hire collective bargaining agreement that establishes labor relations procedures. This project is anticipated to include covered “Project Work” as defined in the CWA and the Successful Proposer and its subcontractors of all tiers shall agree to execute and be bound by the terms of the CWA by signing a Letter of Assent (a form attached to the CWA as Attachment A). The Amended and Restated CWA will be incorporated by reference in the DB Agreement and can be accessed on the City’s website at http://anaheim.net/DocumentCenter/View/40087/Amended-and-Restated-Community- Workforce-Agreement-Executed.

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

25 Respondents shall include costs associated with fulfilling their obligations to comply with the policies and procedures prescribed in the CWA including working with the City’s designated CWA Administrator to ensure full compliance with the CWA in their Price Proposals.

A. Assent by DBE upon Award
An authorized representative of the DBE shall sign the Letter of Assent evidencing the DBE’s agreement to be party to and bound by the terms and conditions of the CWA for the duration of the work contained in this DB Agreement and submit it to COA not later than the 21st calendar day after receipt of Notice of Award.

B. Assent by Subcontractors and All Others Covered by the CWA upon Award At the time the awarded DBE enters into a subcontract with any subcontractor of any tier providing for the performance of Project Work, the DBE shall provide a copy of the CWA to said Subcontractor and shall require the Subcontractor, as a part of accepting the award from the DBE, to agree in writing in the form of the Letter of Assent to be bound by each and every provision of the CWA prior to the commencement of Project Work. No DBE or subcontractor shall commence Project Work without executing a Letter of Assent and submitting copies in accordance with the procedures outlined in the CWA.

Subcontractors and all others covered by the CWA shall submit signed Letters of Assent at the earliest of the following: 1) at the mandatory CWA Pre-Job Conference described in Sections 8.4 and 16.1 of the CWA, 2) within 48 hours after the award of the Work contained in the DB Agreement to the awarded DBE, or 3) no later than 48 hours prior to the time the subcontractor desires to gain site access and commence work at the site. Access to the site includes initial mobilization of equipment and materials.

5.4.2 Prevailing Wage Rates
Prevailing wage rates will apply to the construction aspects of this DB Agreement, subject to Article 5 of the CWA, and other applicable Public Works requirements.

City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

A-1

Attachment A: Required Forms

The following forms are provided as separate electronic files.

Non-Price Forms

 Building Program Spreadsheet
 Alternates, Project Enhancements, and Added Value Matrix  Non-Collusion Affidavit
 Designation of Subcontractors
 Equal Employment Opportunity Certificates of Compliance  CWA Letter of Assent
 Certification of Proposal

Price Forms
 Price Proposal Form
 Lifecycle Cost Analysis (Narrative and Data on Proposer’s Form/Spreadsheet)  Bid Bond
 Price Proposal Spreadsheet

City of Anaheim Public Utilities – Sustainability Education Center Request for Proposal (RFP)

A-2

This page intentionally left blank

City of Anaheim Sustainability Education Center BUILDING PROGRAM Exhibit Hall/ Signage and Feature Wall Net ASF Additional ASF Total ASF
Battery Space Display 2,070
SUBTOTAL (ASF): 2,070
CLASS ROOM Net ASF Additional
ASF Total ASF
Hidden Closet/storage
Classroom
Wash station
SUBTOTAL (ASF): 2,000

STORAGE AV WALL
Net ASF Additional
ASF Total ASF
530
COVERED STAGE Net ASF Additional
ASF Total ASF
430
COVERED AREA Net ASF Additional
ASF Total ASF
950
INCUBATOR HALL Net ASF Additional
ASF Total ASF
Open Office / Pantry 470
Closet Storage 160
IT Room 100
Janitorial Closet 70
Women's Restroom 230
Men's Restroom 230
Battery storage / Electrical room 70
Plumbing / Mechanical Room 70
Electrical Room
SUBTOTAL (ASF): 1,400 0 0

UNASSIGNED PROGRAM
Net ASF Additional
ASF Total ASF
SUBTOTAL (ASF): 00 0
TOTAL SQUARE FOOTAGE 5,470 0 0
DBE Proposed Finish Space
Provide the Assignable Square Footages for each space as proposed in the Technical Design. This matrix shall be completed in its entirety and submitted with the Technical Proposal behind Section 3 - Architectural Design.

Concept Design
APU Sustainability Education Center Page 1/1
Area Tabulation
City of Anaheim Department of Public Works Sustainability Education Center

ALTERNATES, PROJECT ENHANCEMENTS, AND ADDED VALUE MATRIX

Submit the Alternates, Project Enhancements, and Added Value Matrix listing project enhancements and indicating whether project Alternates are included in the base bid, at no additional cost. Project enhancements provide COA with added value to the base bid requirements, at no additional cost.

Demonstrate that the proposed design, materials, and construction quality exceed the requirements of the base bid. For each Alternate Description, include details on proposed manufacturer or product, its advantages, and all associated materials and applications, if applicable. Do not include any pricing data.

If Proposers elect to recreate this form, the contents should include the information shown h ere.

Submitted by Proposer:

ALTERNATES

ALTERNATE
NO. ALTERNATE DESCRIPTION INCLUDED IN BASE
BID?
1 Alternate No. 1 LEED Silver Certification YES NO

PROJECT ENHANCEMENTS AND ADDED VALUE

ITEMIZED LIST OF

PROJECT ENHANCEMENTS DESCRIPTION

City of Anaheim Department of Public Works Sustainability Education Center

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

State of California)
) ss
County of Orange)

being first duly sworn, deposes and says that he or she is (Name)
of the party making the foregoing bid
(Title) (Firm)
that the bid is not made in the interest of, or on the behalf of, any undisc losed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has no t directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communicat ion, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

State of California)
) ss
County of _______________)

Name of Bidder

Subscribed and sworn to before me
Signature of Bidder
day of 20
WITNESS my hand and official seal

Notary Public

Address of Bidder

Approved as to form
By City Attorney

ALL SIGNATURES ON THIS NONCOLLUSION AFFIDAVIT

MUST BE WITNESSED BY A NOTARY
(attach appropriate jurats)
City of Anaheim Designation of Subcontractors (Design-Build)

DESIGNATION OF SUBCONTRACTORS

Submit with Design-Build Proposal

Proposer shall complete and submit the Designation of Subcontractors listing only those subcontractors that have been identified at the time of proposal submittal to perform work, furnish labor or render services. The Design-Builder is obligated to identify the balance of their Subcontractors at a later date, subject to its compliance with the Subcontractor selection policy set for th in Article 5 of the General Conditions. All Subcontractors shall be afforded the protections contained in the Subcontracting Act.

Portion of Work Subcontractor Address
Contractor
License No.

DIR
Registration
No.

Design-Builder shall comply with the Subcontracting Act and Chapter 10.06 of the Anaheim Municipal Code when Design-Builder selects a Subcontractor to perform any portion of the Work. Design-Builder agrees that any Subcontractor not identified within the Proposal who will perform Work or labor or render Service in the performance of the Contract in the amount exceeding ½ of 1% of the difference between the Total of the Contract Price and the amount allocated to Design Services, shall be submitted to the City for approval prior to the execution of any subcontract. Unless waived in writing by the City, Design-Builder shall submit to the City for approval its final list of Subcontractors no later than Design Documents being 50% complete. Once a Subcontractor approved by the City has been selected for any such Work, Design-Builder shall not have the right to make any substitution of such Subcontractor except in accordance with the provisions of the Subcontracting Fair Practices Act, Public Contract Code §§ 4100, et seq. The Engineer shall serve as the hearing officer for the purposes of any hearing dealing with the substitution of a subcontractor.

Page 1 of 3 ends

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATES OF COMPLIANCE

As used in this Certificate, the word "Contract" shall mean either "Contract,” or "Subcontract." The word "Contractor" shall mean either "Contractor" or "Subcontractor ."

The undersigned Contractor certifies the following to the City of Anaheim:

1. COMPLIANCE REPORTS:

That if the Contractor has participated in a previous Contract subject to the rules and regulations on Equal Opportunity set forth in 41 Code of Federal Regulations Part 60-1, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance of the United States Department of Labor, the appropriate Government Agencies or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements, or if he has not he agrees to do so promptly and before any Contract is awarded.

2. NON-DISCRIMINATION:

During the performance of any Contract placed with him by the City of Anaheim, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of, race, religion, sex, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, creed, color, or national origins. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff of termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, creed, color, or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a Collective Bargaining Agreement or other Contract or understanding, a notice advising the labor union or worker's representative of the Contractors commitments under Section 202 of Executive Order Number 11246 of Sep tember 24, 1965, as amended, and shall post copies of the notices in conspicuous places available to employees and to applicants for employment.

City of Anaheim Equal Employment Opportunity Certificates of Compliance

Page 2 of 3 ends

4. The Contractor will comply with all provisions of Executive Order Number 11246 of September 24, 1965 , as amended, and with the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further City Executive Order Number 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Number 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

3. AFFIRMATIVE ACTION PROGRAM:

Contractor's attention is directed to Section 60 -1.40 of Title 41 of the Code of Federal Relations, related t o Affirmative Action Compliance Programs, and applying to each Subcontractor with a Subcontract of $50,000 or more and 50 or more employees.

Contractor certifies that he has developed and has on file at each of his establishments a written Affirmative Action Compliance Program, as is called for in section 60 -1.40 of and pursuant to part 60-2 of Title 41 of the code of Federal Regulations, and that such Affirmative Action Compliance Program is current, or if it is not, within 120 days after receipt of any order, the undersigned firm agrees to develop and maintain a written Affirmative Action Compliance Program, for each of his facilities unless such firm is not required by law or regulation to develop such program.

City of Anaheim Equal Employment Opportunity Certificates of Compliance

Page 3 of 3 ends

4. CERTIFICATION OF NON-SEGREGATED FACILITIES:

The Contractor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any locations, under its control, where segregated facilities are maintained. The bidder, offerer, applicant, or Subcontractor agrees that a breach of this Certification is a violation of the Equal Opportunity Clause of any Contract placed with it. As use d in this Certification, the term "Segregated Facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, which are segregated by explicit directive or in fact segregated on the basis of race, religion, sex, creed, color, or national origin because of habit, local custom or otherwise.

Contractor further certifies that it will obtain identical certifications from proposed Subcontractors prior to the award of Subcontracts exceeding $10,000 covering the procurement if personal property and non-personal services (including construction).

CONTRACTOR'S FIRM NAME:

ADDRESS:

SIGNED PRINT NAME

TITLE DATE

Community Workforce Agreement 1 City of Anaheim

LETTER OF ASSENT

To be signed by all Contractors awarded Project Work covered by the Community Workforce Agreement with the City of Anaheim prior to commencing work.

City of Anaheim Public Works Department
200 S. Anaheim Blvd, Second Floor
Anaheim, CA 92805
Attn: Brenda Medina, CWA Administrator, Construction Services Division

Re: Community Workforce Agreement - Letter of Assent
Sustainability Education Center

Dear CWA Administrator:

This is to confirm that agrees to
(Name of Construction Company)
be party to and bound by the Community Workforce Agreement with the City of Anaheim effective , 2023, as such Agreement may, from time to
time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all Project Work covered by the Community Workforce Agreement undertaken by this Company on the Project and shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all Project Work within the scope of the Community Workforce Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely,

[Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6.2.]

Name of Construction Company

By:

Signature

Name and Title of Authorized Executive

Contractor State License No.

CERTIFICATION OF PROPOSAL
Sustainability Education Center

In responding to RFP for Sustainability Education Center, the undersigned Offeror(s) agrees to provide services for COA per the specifications. Offeror further agrees to the terms and conditions that are a part of this proposal and any resulting contract. If there are any exceptions they must be stated in the proposal.

A. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to legally bind the Offeror to the Contract.

Signature below verifies that the Offeror has read, understands, and agrees to the conditions contained herein and on all of the attachments and agenda.

B. The submission of the offer did not involve collusion or other anti-competitive practices.

C. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public employee in connection with the submitted offer.

D. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law.

E. The Offeror complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary exclusion.

INDEPENDENT PRICE DETERMINATION:

I certify that this offer is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting an offer for the same services, and is in all respects fair and without collusion or fraud. I certify that I have not entered into any arrangement or agreement with any COA public officer. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this offer and certify that I am authorized to sign this agreement for the offeror.

TO THE CITY OF ANAHEIM:

The Undersigned hereby offers and shall furnish the services in compliance with all terms, scope of work, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as fully set forth herein. The representations herein are made under penalty of perjury.

Name of Firm

Street Address, City, State, Zip

By:

Signature of Authorized Executive Date

Printed Name Title
City of Anaheim Sustainability Education Center

_________________________________________________________________________________________ February 8, 2023 Page 1 of 5 Price Proposal Form

PRICE PROPOSAL FORM

SUSTAINABILITY EDUCATION CENTER

PROPOSAL TO:

CITY OF ANAHEIM (COA)
200 S. Anaheim Blvd.

Anaheim, CA 92805

PROPOSAL FROM:

DESIGN-BUILDER

(Name of Firm Submitting Proposal)

(Street Address, City, State, Zip Code)

(Telephone)

(Design-Builder Project Executive Name & Title)

(Design-Builder Project Executive Email Address)

(Design-Builder Project Executive Telephone)

(Date Submitted)

Note: All portions of this Price Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive.

City of Anaheim Sustainability Education Center

_________________________________________________________________________________________ February 8, 2023 Page 2 of 5 Price Proposal Form

1.0 PROPOSER’S REPRESENTATIONS

Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all Reference Documents ; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are a ccurate and correct ; and f) Proposer and all Subcontractors, regardless of tier, are currently registered with the California Department of Industrial Relations pursuant to California Labor Code Section 1725.5 and 1771.1 . Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal withi n 180 days after the Proposal Deadline, and that, if it is selected as the apparent lowest responsive and responsible Proposer, that it will, after receipt of notice of selection, sign and deliver to COA the Design-Build Agreement in triplicate and furnish to COA all items required by the Proposal Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Design-Build Agreement.

2.0 ADDENDA

Proposer acknowledges that it is Proposer's respo nsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from COA at the appropriate address stated .

Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal.

3.0 DESIGN-BUILD ENTITY’S PRICE PROPOSAL

$ , , *
(Place figures in appropriate boxes)

*Proposer includes the following allowances in the Price Proposal:

Allowance No. 1 : Allow $100,000 for Owner Design Directives Allowance No. 2 : Allow $50,000 for Permitting & CEQA Mitigation Measures Allowance No. 3 : Allow $150,000 for Unforeseen Field Conditions

City of Anaheim Sustainability Education Center

_________________________________________________________________________________________ February 8, 2023 Page 3 of 5 Price Proposal Form

4.0 ALTERNATES

Provide al l design, engineer ing, coordination, labor, materials, equipment, accessories, and Design Builder and subcontractor overhead, mark -up, and profit req uired for the following Alternates. Indicate by marking only one of the three boxes (“Add”, “Deduct”, or “ No Change”) and st ate the amount by placing figures in the corresponding boxes. Check the “No Change” box when there is no change in the Price Proposal. No amount is required if the “No Change” box is selected. Failure to quote an amount or check “No Change” or the insertion of any words that qualify the Price Proposal will result in the Proposal being rejected as nonresponsive. No extension of time will be granted if the Alternate is accepted.

Alternate No. 1
LEED Silver Certification

$ , ,
(Place figures in appropriate boxes.)
City reserves the right to accept this alternate within 90 days of Notice to Proceed for Phase 1.

Add
Deduct
No Change

[THIS SPACE INTENTIONALLY LEFT BLANK]

City of Anaheim Sustainability Education Center

_________________________________________________________________________________________ February 8, 2023 Page 4 of 5 Price Proposal Form

5.0 PROPOSER INFORMATION

TYPE OF ORGANIZATION: ______________________________________________________________ (Corporation, Partnership, Individual, Joint Venture, etc.)

If a Corporation, the Corporation is organized under the laws of t he State of:

__________________________________________
(State)

President of the Corporation:

__________________________________________
(Name)

Name of Secretary of the Corporation:

__________________________________________
(Name)

If a Partnership or Joint Venture, names and titles of persons signing the bid on behalf of proposer and all general partners:

Persons signing the bid on behalf of Proposer:

__________________________________________
(Name & Title)

General Partners:

__________________________________________
(Name & Title)

__________________________________________
(Name & Title)
CALIFORNIA CONTRACTORS LICENSE(S) :

______________________ ____________________
(Name of Licensee)

(Classification) (License Number) (Expiration Date)

For Joint Venture, list Joint Venture's license and licenses for Joint Venture partner :
__________________________________________
(Name of Licensee)

(Classification) (License Number) (Expiration Date)

__________________________________ ________
(Name of Licensee)

(Classification) (License Number) (Expiration Date)
City of Anaheim Sustainability Education Center

_________________________________________________________________________________________ February 8, 2023 Page 5 of 5 Price Proposal Form

6.0 DECLARATION

I, (printed name), her eby declare that I am the (Title) of
(Name of Proposer) submitting this Price Proposal Form; that I am duly authorized to execute this Price Proposal Form on behalf of P roposer; and that all information set forth in this Price Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date.

I further declare that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, org anization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a fals e or sham bid, and has not directly or indirectly colluded, conspired, conniv ed, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly o r indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; tha t all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the cont ents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: (Location and
City), County of , State of ____________________________________, on __________________ (Date).

(Signature)
City of Anaheim Department of Public Works Sustainability Education Center City of Anaheim Bid Bond

BID BOND

KNOW ALL BY THESE PRESENTS, that we, _______ ____________________________, as Principal, and ___________________________________________, a corporation organized and existing under the laws of the State of ________________________ and whose principal office is located in the City of _________________________, as surety, are jointly and severally bound unto the CITY OF ANAHEIM of Orange County, California, in the sum of:
_____________________________________________________DOLLARS ($__ ____________), lawful money of the United States of America to be paid to the said CITY OF ANAHEIM, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated _________ ____________, 20_____, for the construction of _______________________________________________ for the CITY OF ANAHEIM, Orange County, California.

NOW, THEREFORE, if the Principal shall not withdraw said bid within one hundred and eighty (180) days after the opening of same, and shall within twenty -one (21) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the req uired bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, o r the failure to enter into said contract and give said bond within the time specified if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF the above -obligated parties have executed this instrument under their several seals this _______ day of _______________, 20 _____, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

Two Witnesses (if individual)

PRINCIPAL
ATTEST (if corporation) By

Title

Title Surety
By
Corporate Seal Title
ATTEST

Corporate Seal (SEAL)

City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
DESIGN BUILDER/CONTRACTOR NAME:

REF NO. TRADE DESCRIPTION

LUMP SUM BASE
PRICE TOTAL ($)
00 GENERAL CONDITIONS, OH & FEE

00.1 General Expenses -$

00.2 Supervision, Fringes, Taxes & Surcharges

00.3 Performance & Payment Bond

00.4 Insurance

00.5 All-Risk Builder's Risk Insurance

00.6 Fee

00.7 Other: ____________________________________________ Subtotal: - $
01 GENERAL REQUIREMENTS

01.1 Design Fee (Phase 1) -$

01.2 Testing and Inspection

01.3 Allowances 300,000.00

01.4 Commissioning

01.5 Water Quality Management Plan

01.6 Mobilization

01.7 Temporary Facilities/Fencing

01.8 Off Site Staging

01.9 Hoist Facilities

01.10 Temporary Utilities

01.11 Cleaning

01.12 Protection & Safety

01.13 Demobilization

01.14 Other: ____________________________________________ Subtotal: - $
03 CONCRETE

03.1 Cast in Place Concrete -$

03.2 Architectural Concrete

03.3 Precast Architectural Concrete

03.4 Other: __________________________________________
Subtotal: - $
04 MASONRY

04.1 Unit Masonry -$

04.2 Brick Veneer Masonry
Subtotal: - $
1 of 6 Price Proposal Spreadsheet
City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
05 METALS

05.1 Structural Steel Framing -$

05.2 Metal Framing

05.3 Metal Fabrications

05.4 Solar Tree fabrications

05.5 Other: ____________________________________________ Subtotal: - $
06 WOOD, PLASTICS, AND COMPOSITES

06.1 Miscellaneous Carpentry -$

06.2 Sheathing

06.3 Interior Architectural Woodwork

06.4 Other: ____________________________________________ Subtotal: - $
07 THERMAL AND MOISTURE PROTECTION

07.1 Thermal Insulation -$

07.2 Roofing

07.3 Sheet Metal Flashing and Trim

07.4 Roof Accessories

07.5 Joint Sealants

07.6 Other: ____________________________________________ Subtotal: - $
08 OPENINGS

08.1 Doors Frames and Hardware - $

08.2 Windows

08.3 Other: ____________________________________________ Subtotal: - $
2 of 6 Price Proposal Spreadsheet
City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
09 FINISHES

09.1 Gypsum Board Assemblies -$

09.2 Non-Structural Metal Framing

09.3 Portland Cement Plastering

09.4 Tilin
g

09.5 Acoustical Panel Ceilings

09.6 Flooring

09.7 Interior Painting

09.8 High-Performance Coatings

09.9 Other: ____________________________________________ Subtotal: - $
10 SPECIALTIES

10.1 Signage -$

10.2 Toilet Compartments

10.3 Operable Partitions

10.4 Wall and Door Protection

10.5 Toilet Accessories

10.6 Fire Protection Specialties

10.7 Other: ____________________________________________ Subtotal: - $
11 EQUIPMENT

11.1 Access Gate -$

11.2 Trash Area

11.3 Solar Equipment

11.4 Other: ____________________________________________ Subtotal: - $
12 FURNISHINGS

12.1 Window coverings -$

12.2 Site Furnishings

12.3 Other: ____________________________________________ Subtotal: - $
14 CONVEYING EQUIPMENT ( not used)
3 of 6 Price Proposal Spreadsheet
City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
21 FIRE SUPPRESSION

21.1 Fire Sprinkler System -$
Subtotal: - $
22 PLUMBING

22.1 Plumbing -$
Subtotal: - $
23 HEATING VENTILATING AND AIR CONDITIONING

23.1 Common Work Results for HVAC - $

23.2 Testing, Adjusting, and Balancing for HVAC

23.3 Commissioning of HVAC

23.4 Instrumentation and Controls
Subtotal: - $
26 ELECTRICAL

26.1 General Electrical -$

26.2 Solar panels invert ers transfer switches

26.3 Interior Lighting

26.4 Exterior Lighting

26.5 Other: ____________________________________________ Subtotal: - $
4 of 6 Price Proposal Spreadsheet
City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
27 COMMUNICATIONS

27.1 Common Work Result s for Communications - $

27.2 Other: ____________________________________________ Subtotal: - $
28 ELECTRONIC SAFETY AND SECURITY

28.1 Access Control -$

28.2 Video Surveillance

28.3 Fire-Alarm System

28.4 Other: ____________________________________________ Subtotal: - $
31 EARTHWORK

31.1 Earth Moving -$

31.5 Other: ____________________________________________ Subtotal: - $
32 EXTERIOR IMPROVEMENTS

32.1 Paving -$

32.2 Landscaping

32.8 Other: ____________________________________________ Subtotal: - $
33 UTILITIES

33.1 Utility Connections -$

33.6 Other: ____________________________________________ Subtotal: - $
TOTAL -$
5 of 6 Price Proposal Spreadsheet
City of Anaheim Sustainability Education Center
Price Proposal Spreadsheet
Notes: The purpose of Allowance line items is to accommodate scope beyond the minimum requirements described in the RFP. As all Respondents are asked to carry the same allowance values, the inclusion of allowances will have no impact on price competitiveness among the Respondents. Allowances are to be implemented using the following concepts:
• During project execution, the expenditure of Allowances is solely at COA's discretion; • As established, Allowances are intended as “not-to-exceed” budgets for each scope item; • Additional funds required for unanticipated or expanded scope for Allowance-related items may be covered under Change Order provisions, at COA's discretion; • Once scope is better defined, the DBE will be required to estimate for and then document actual costs incurred for Allowance items;
• Only actual cost expended, including fee for overhead and profit, for Allowances will be reimbursed to the DBE;
• At the completion of the project, any remaining allowances belongs to CAO. 6 of 6 Price Proposal Spreadsheet
City of Anaheim Public Utilities
Design-Build - Sustainability Education Center Request for Proposal (RFP)

B-1

Attachment B: Draft Final Design-Build Agreement and
General Conditions
Includes:

Appendix 1. Basis of Design (BOD)

Appendix 2. Reference Documents

Appendix 3. Minimum Technical Requirements

Appendix 4. Submittals, Review Procedures, and Workshops

Appendix 5. Permits and Approvals

CITY OF ANAHEIM

DESIGN-BUILD AGREEMENT
FOR

SUSTAINABILITY EDUCTION CENTER PROJECT

DATED: Click or tap here to enter text.

CITY OF ANAHEIM

PUBLIC WORKS DEPARTMENT
200 S. ANAHEIM BLVD., SUITE 276
ANAHEIM, CA 92805

DESIGN-BUILD AGREEMENT
Page A-1

DESIGN-BUILD AGREEMENT
This Design-Build Agreement ("Agreement") is made effective as of this day of , by and between the City of Anaheim (“City” or “Owner”) and _________________ ("Design-Builder") for the design, management, and construction of the Sustainability Education Center Project ("Project"). In consideration of the mutual covenants and obligations contained herein, City and Design-Builder agree to the following terms and conditions.

RECITALS
WHEREAS, the City Charter and Chapter 10.06 of the Anaheim Municipal Code authorize the City to use design-build procurement for the design and construction of certa in public works projects of the Public Works Department. Design -Builder shall perform, either directly or through subcontracts , the services set forth in this Agreement and the Contract Documents;
WHEREAS, City issued a Request for Proposals ("RFP") to select a design-builder to design, build and deliver to City certain improvements at the Project as described in, and in accordance with, the Scope of Services, complete with all appurtenances necessary to produce such facilities; WHEREAS , City has selected Design-Builder for the Project based on its response to the RFP; WHEREAS , Design-Builder warrants and represents that it is ready, willing and able to design and build the Project in strict accordance with the terms and conditions of the Agreement; and WHEREAS , Design -Builder warrants and represents that is has the necessary professional expertise and skill to perform such services.

NOW, THEREFORE, in consideration of the covenants hereinafter set forth, City and Design-Builder mutually agree as follows:

ARTICLE I

CONTRACT DOCUMENTS

1.1 Definitions
The meanings of all capitalized terms used in the Contract Documents and not otherwise defined herein are contained in the General Conditions. If not defined in the General Conditions, they shall have the meanings assigned to them elsewhere in the Contract Documents. If not defined in the General Conditions or elsewhere, they shall have the meanings reasonably understood to apply to them by the context of the portion of the Contract Documents where such terms are used. City and Design -Builder are sometimes individually referred to as a “Party” and collectively as the “Parties.” Except as indicated otherwise, all references to City include its elected officials, officers, directors, employees, agents and volunteers. Except as indicate d otherwise, all references to Design -Builder include its personnel, employees, agents and subcontractors.

1.2 Contract Documents
The "Contract Documents" are comprised of the following documents (not in order of precedence) , all of which a re either attached hereto as exhibits or are incorporated herein by this reference with the same force and effect as if the same were set forth at length herein:

DESIGN-BUILD AGREEMENT
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1.2.1 This Agreement, including all exhibits and attachments noted below, executed by City and Design- Builder:

Exhibit A – Site Legal Description
Exhibit B – Scope of Work and Index of Design Development Documents Exhibit C – Approved Deviations
Exhibit D – Design-Builder’s Key Personnel List
Exhibit E – Project Schedule
Exhibit F – Performance Bond
Exhibit G – Payment Bond
Exhibit H – Certification of Contractor and Subcontractor Department of Industrial Relations Registration Exhibit I – Designation of Subcontractors
Exhibit J – Community Workforce Agreement, as amended from time to time

1.2.2 General Conditions of the Contract;

1.2.3 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with the General Conditions of Contract;

1.2.4 Design and Performance Criteria comprised of the Scope of Work;

1.2.5 2021 Standard Specifications for Public Works Construction (“Standard Specifications”) by the Southern California Chapter, American Public Works Association and the Southern California District, Associated General Contractors of California Joint Cooperative Committee, as modified and supplemented by the City;

1.2.6 Design Development Documents to be prepared by the Design-Builder;

1.2.7 Request for Proposals (“RFP” or “Requests for Proposals”) and any addenda (“RFP Addenda”) which are all on file at the Public Works Department;

1.2.8 Design-Builder’s Proposal (including the Best and Final Offer) and Approved Deviations identified in Exhibit C hereto , if any, contained in the Design -Builder’s Proposal and approved by City, which shall specifically identify any and all deviations from the Design Development Documents and Request for Proposals; and

1.2.9 Final Construction Documents to be hereafter prepared by the Design-Builder that are approved by the City in writing in accordance with the terms of the Contract Documents.

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1.3 Reference Documents [OPTIONAL]
The following Reference Documents are not considered Contract Documents and were provided to the Design-Builder for informational purposes only. Design-Builder may rely upon the technical data contained in such documents but not upon the non-technical data, interpretations, opinions or provisional statements contained therein:

1.3.1 Insert Description

1.3.2 Insert Description

1.3.3 Insert Description

1.4 Entire Agreement
This Agreement together with all other Contract Documents constitutes the entire agreement between the Parties and all other representations or statements theretofore made, oral or written, are merged herein. Both Parties have, wit h the assistance of their respective legal counsel, drafted the provisions contained in the Agreement. Therefore, no provision in the Agreement will be construed in favor of or against any party by virtue of the identity of its preparer.

This Agreement m ay be amended only by written modification executed by duly authorized representatives of the Parties hereto or according to the procedure set forth in the General Conditions. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof and the provisions of this Agreement are intended to be and shall be deemed severable.

ARTICLE II

THE WORK

2.1 Scope of Work

2.1.1 Design-Builder shall provide, furnish, and perform all necessary planning, architectural, engineering, and all other design services of any type, procurement, permitting and support services, construction, landscaping, clean-up, and all other construction services of any type, provide and furnish all necessary supplies, materials , and equipment (except those to be provided by City, if any) and all necessary supervision, labor, and services required for the complete engineering, design, procurement, quality control/quality assurance, construction and all necessary installation, start -up and tes ting and commissioning required to complete the Work described in and reasonably inferable from the Contract Documents (hereinafter, the all-inclusive obligations of the Design-Builder set forth in this sentence shall be referred to as the "Work"). Except with regard to any material to be provided and/or installed by City, Design-Builder shall fully commission and turn over a complete operational, and fully functional Project to City. Without limiting the generality of this section, Design-Builder shall provide the following work and services:

2.1.2 Design-Builder shall prepare complete designs, engineering calculations, working drawings, shop drawings and generate detailed construction drawings and/or engineering analysis setting forth in detail the specifications and requirements for the purchasing and procurement of the services, materials, and equipment and for the construction of the complete, operational, and fully functional Project, and shall furnish the services of all necessary supervisors, engineers, designers, draftsmen, and other personnel necessary for preparation of those drawings and specifications required for the Work, including the pertinent information for natural gas, electrical, water supply, and any other utilities, as required.

2.1.3 Design-Builder shall provide, install and complete as specified and pay for all labor, materials and equipment, tools, supplies, construction equipment and machinery, construction, start -up and testing, wet and dry utilities, communications of all type, transportation, and other facilities and services (including any temporary materials, equipment, supplies and facilities) necessary for the proper execution and completion of the complete, operational,

DESIGN-BUILD AGREEMENT
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and fully functional Project, including the permanent interconnection for electricity, natural gas, water supply, and any other utilities, and demonstration of fully satisfactory operation of all systems and equipment.

2.1.4 Design-Builder shall plan, coordinate, supervise and direct the entirety of the Work, and shall furnish the services of all supervisors, forepersons, skilled and unskilled labor, and all other personnel necessary to design and construct the complete , operational, and fully functional Project. Design-Builder shall provide, manage and organize such personnel as necessary to complete the Work in accordance with all requirements of the Contract Documents.

2.1.5 Design-Builder shall obtain, a t Design-Builder's expense, all governmental and private approvals, licenses, and permits required to complete the Work. Design-Builder shall design and construct a complete, operational and fully functional Project in full compliance with all applicable laws, codes , and standards (both public and private), including but not limited to, the standards and warranties included and/or expressed in the Contract Documents and manufacturer's recommendations pertaining to individual items of equipment or systems.

2.2 Standard of Performance
In addition to and without limiting Design -Builder's other obligations under the Contract Documents, Design-Builder shall at all times in its performance of its obligations under the Contract Documents conform to the following general standards of performance:

2.2.1 Comply with the requirements of the Contract Documents;

2.2.2 Comply with Applicable Laws;

2.2.3 Conform to the standard of care applicable to those who provide design -build project services and construction of the type called for by this Agreement for projects of a scope and complexity that is comparable to the Project;

2.2.4 Furnish efficient business adm inistration of the Work, utilizing sufficient senior level management and other qualified personnel to manage the Work; and

2.2.5 Apply its best and highest skill and attention to completing the Work in an expeditious and economical manner, consistent with the expressed best interests of City and within the limitations of the Contract Price and Contract Time.

ARTICLE III

TIME FOR PERFORMANCE

3.1 Contract Time
Design-Builder agrees to commence the Work within five (5) days of Design -Builder’s receipt of a Notice to Proceed issued by City (“Date of Commencement”), unless the parties mutually agree otherwise in writing. If City's issuance of a Notice to Proceed is delayed due to Design -Builder's failure to return a fully -executed Agreement, insurance documents or bonds within fourteen (14) calendar days after the date of the award of the Contract letter from the City, one (1) calendar day will be deducted from the number of days to achieve Substantial Completion of the Work for every day of delay in City's receipt of such documents. This right is in addition to and does not affect City's right to demand forfeiture of Design-Builder's bid security, or any other rights or remedies available to City if Design-Builder persistently delays in providing the required documentation.

DESIGN-BUILD AGREEMENT
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Design-Builder agrees to promptly commence the Work after the Notice to Proceed is issued by City, and to achieve Substantial Completion of the entire Work no later than ______________ calendar days after the Date of Commencement in the Notice to Proceed . Final Completion of the Work shall be achieved as expeditiously as reasonably practicable. Final Completio n is the date when all Work is complete pursuant to the definition of Final Completion set forth in Article 1.1.24 of the General Conditions of Contract. All of the dates set forth in the Article (collectively “Contract Time”) shall be subject to adjustment in accordance with the General Conditions of Contract. By executing this Agreement, Design -Builder confirms that the Contract Time is a reasonable period for performing the Work.

3.2 Liquidated Damages

3.2.1 City and Design-Builder recognize that time is of the essence as to this Agreement and that City may suffer damages which are difficult to determine and accurately specify, such as lost grant funds, additional contract administration expenses, and loss of public use, if the Work is not completed within the Contract Time, including any extensions thereof allowed in accordance with the Contract Documents.

3.2.2 Design-Builder and City agree to liquidate damages with respect to Design -Builder's failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code § 53069.85. Design-Builder acknowledges and agrees that the liquidated damages are intended to compensate City solely for Design-Builder's failure to meet the deadline for Substantial Completion and shall not excuse Design-Builder from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

3.2.3 In the event that Design -Builder fails to achieve Substantial Completion of the Work within the Contract Time, Design-Builder agrees to pay City the following:
(a) $ 1,500 per day for each calendar day that Substantial Completion is delayed for the first thirty (30) days of delay; and
(b) $ 2,000 per day for each calendar day that Substantial Completion is delayed thereafter provided, however, that in an event Design-Builder’s liability to City for liquidated damages shall be limited to ten percent (10%) of the Contract Price.

3.2.4 Design-Builder acknowledges and agrees that the foregoing liquidated damages have been set based on an evaluation by City of damages that it will incur in the event of the late completion of the Work. Design - Builder and City agree that because of the nature of the Project it would be impractical or extremely difficult to fix the amount of actual damages incurred by City due to a delay in completion of the Work. Accordingly, City and Design- Builder have agree d to such liquidated damages to fix Design -Builder's costs and to avoid later disputes. It is understood and agreed by Design-Builder that any liquidated damages payable pursuant to this Agreement are not a penalty and represent a fair and reasonable esti mate of compensation for losses to be incurred under the circumstances existing as of the effective date of this Agreement.

3.2.5 It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Design-Builder shall pay the difference to City.

3.2.6 Permitting or requiring Design-Builder to continue and finish the Work, or any part thereof, after the deadline for Substantial Completion shall not act as a waiver of City’s right to receive liquidated damages hereunder or any rights or remedies otherwise available to City.

DESIGN-BUILD AGREEMENT
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3.3 Early Completion Bonus [OPTIONAL]

3.3.1 If the Work is completed to the point of Substantial Completion (as defined in the General Conditions) prior to _________ (“Bonus Date”) and Design-Builder has fully performed all of its obligations to be performed as of such time and fully complies with all terms and conditions of the Design -Build Agreement in effect at such time, the n City shall pay Design-Builder at the time of final payment an early completion bonus of __________ Dollars ($ ) for each calendar day that Substantial Completion is attained earlier than the Bonus Date. City and Design-Builder agree that the maximum aggregate amount that Design -Builder shall rece ive as the early completion bonus is ______________ Dollars ($ ).

3.3.2 If there is an Excusable Delay or Compensable Delay for which Design -Builder is entitled to a Contract Adjustment extending the Contract Time for Substantial Completion, the Bonus Date shall be deemed extended by the same number of days as such Contract Adjustment. In the case of an inexcusable delay, the Bonus Date shall not be extended.

3.3.3 City assumes no obligation to take special or extraordinary measures to expedite performance of any of its obligations under the Contract Documents in order to assist Design-Builder in achieving Substantial Completion by the Bonus Date and assumes no obligation to agree to any extensions of time to the Bonus Date, save and except to the extent that Design-Builder has established its right to a corresponding extension to the Contract Time for Substantial Completion as aforesaid. If and to the extent that an acceleration in performance by Design-Builder or any Subcontractor is undertaken for the purpose of enabling the Design-Builder to achieve Substantial Completion by the Bonus Date, such acceleration shall only be undertaken after Design -Builder has provided for City’s information, complete disclosure of those activities that will be accelerated and/or those activities that will be performed in para llel to support Design -Builder’s early completion , and such acceleration shall be performed entirely at Design -Builder’s own expense.

3.3.4 Such additional payment is subject to a judgment by City to the extent any sums may be lawfully retained under any provisions of the Contract Documents or at law. The obligation of City to pay such amount is subject to the condition that Design-Builder complete the Work to the point of Final Completion and that Design-Builder not be in breach or default of any of its obligations under the Contract Documents at the time of final payment. This provision does not alter the Contract Documents provisions on ownership and use of schedule float, and this provision shall not be used by Design -Builder to assert claims based upon use of schedule float or the City’s exercise of any rights or obligations under the Contract Documents.

3.3.5 No early completion bonus or any portion thereof shall be due or payable to Design -Builder in the event that the Contract is (1) rightfully terminated by City for cause on the grounds of an event of Design-Builder default; (2) terminated by City for convenience at a point prior to the overall Work ( including approved Change Orders) being 75% completed, or (3) is wrongfully terminated by Design-Builder.

3.3.6 Design-Builder specifically and expressly waives and relinquishes any claims against City that City caused Design -Builder to fail to achieve early Substantial Completion thereby depriving Design -Builder of the opportunity to earn said bonus.

ARTICLE IV

CONTRACT PRICE

4.1 Contract Price

4.1.1 Total Compensation. City shall pay Design-Builder for Design-Builder's complete performance of the Work in accordance with the Contract Documents the Contract Price of ______________ Dollars ($ ).

DESIGN-BUILD AGREEMENT
Page A-7

4.1.2 Design Fee. The Contract Price includes a Design Fee of ____________ Dollars ($ ). The sole purpose of the Design Fee is to determine: (1) the compensation City is obligated to pay to Design-Builder under Article 15 of the General Conditions in the event the Agreement is terminated, for cause or convenience, prior to commencement of any physical construction at the Site; and (2) the amount that Design-Builder is entitled to pursuant to Article 10.3 of the General Conditions, to include in its Applications for Payment seeking progress payments for the design and construction portions of the Work.

4.1.3 The Contract Price is the total amount payable by City to Design-Builder for performance of the Work under the Contract Documents and is deemed to cover all costs arising out of or related to the performance of the Work, including, without limitation, the effects of natural elements upon the Work, unforeseen difficulties or obstructions affecting the performance of the Work (including, without limitation, unforeseen cond itions at the Site that do not constitute Differing Site Conditions) , and fluctuations in market conditions and price escalations (whether occurring locally, nationally , or internationally) from any cause, including, without limitation, causes beyond th e c ontrol or foreseeability of Design-Builder.

4.2 Allowance Items and Allowance Values [OPTIONAL]

4.2.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth below:

Allowance 1 __________________ - $ ______________________ Allowance 2 ___________________ - $ ____________________

4.2.2 Design-Builder and City have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reason able estimates for the Allowance Items. Design-Builder and City will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.

4.2.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from City. City agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design- Builder may be entitled to an adjustment of the Contract Time and Contract Price.

4.2.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.

4.2.5 Whenever the actual co sts for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, in accordance with the General Conditions.

The amount of the Change Order shall reflect the difference betwee n actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value.

ARTICLE V

DESIGN-BUILDER'S REPRESENTATIONS AND WARRANTIES
In order to induce City to enter into this Agreement, Design-Builder makes the following representations and warranties:

DESIGN-BUILD AGREEMENT
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5.1 Design-Builder has and throughout the term of the Contract shall maintain all required authority, license status, professional ability, skills and capacity to perform Design-Builder’s obligations hereunder and shall perform them in accordance with the requirements contained in the Contract Documents.

5.2 Design-Builder has visited the Site and has reasonably examined the nature and extent of the Work, Site, locality, impact(s) to adjoining private property, actual conditions, as-built conditions, and all local and federal, state and local laws and regulati ons that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the design and /or the means, methods, techniques, sequences or procedures of construction to be employed by Design-Builder and safety precautions and programs incident thereto.

5.3 Design-Builder has reasonably examined all reports of exploration and tests of subsurface conditions, as-built drawings, other drawings or reports, available for design and construction purposes, of physical conditions , or which may be apparent at the Site and accepts the criteria set forth in these documents and the General Conditions to the extent of the information contained in these documents upon which Design -Builder is entitled to rely. Design -Builder agrees that except for the information so identified, Design-Builder does not and shall not rely on any other information contained in these documents.

5.4 After contract award, Design -Builder, will conduct or obtain any additional examinations, investigations, explorations, tests, reports and studies, including but not limited to geotechnical investigations, upon which the design will be based, that pertain to the surface and subsurface conditions, as -built conditions, underground facilities and all other physical conditions at or contiguous to the Site as Design -Builder considers necessary for the performance or furnishing of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

5.5 All design an d engineering services furnished by Design -Builder shall be performed by or under the supervision of persons licensed to practice architecture, engineering or surveying (as applicable ) in the State of California, by personnel who are skilled, experienced and competent in their respective trades or professions, who are professionally qualified to perform the Work in accordance with the Contract Documents and who shall have professional responsibility for the accuracy and completeness of the design documents and construction documents prepared or checked by them.

5.6 Design-Builder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered at any time in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Design-Builder.

5.7 Design-Builder is duly organized, existing and in good standing under applica ble state law, and is duly qualified to conduct business in the State of California.

5.8 Design-Builder has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Design-Builder.

5.9 Design-Builder represents and warrants that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and Design -Builder agrees to comply with such provisions before

DESIGN-BUILD AGREEMENT
Page A-9
commencing the performance of the work of this Contract and at all times during the term hereof, whether by provision of its own insurance or self-insurance.

5.10 Design-Builder shall comply with all requirements of any Quality Control/Quality Assurance Plan accepted by City.

5.11 At all times during the term hereo f, including during the course of, and notwithstanding the existence of any dispute, Design-Builder shall perform as directed by City, in a diligent manner and without delay, shall abide by City’s decision or order, and shall comply with all applicable provisions of the Contract Documents.

5.12 Design-Builder confirms its intent to include in the Project the prequalified subcontractors, who were listed in the Design-Builder's Proposal. Design -Builder acknowledges its responsibility to provide C ity with a complete and updated list of subcontractors as they become known on the Project, and that such listing shall be in accordance with the requirements of California Public Contract Code § 20133 et seq. Specifically, California Public Contract Code Section 201 33(f) requires that all subcontractors not listed by DesignBuilder in its submission in response to the Request for Proposals be awarded in accordance with the design -build process set forth by C ity. The City process allows the selection of subcontractors based upon the best value to the Project and requires the Design -Builder do both of the following: (1) Provide public notice of the availability of wo rk to be subcontracted in accordance with the publication requirements applicable to the competitive bidd ing process of the C ity; and (2) Provide a fixed date and time on which the subcontracted work will be awarded in accordance with the procedure established pursuant to Public Contract Code Section 20133(f).

ARTICLE VI

BONDS AND INSURANCE

6.1 Insurance
Design-Builder sha ll procure the insurance coverages in accordance with Article 13 of the General Conditions of Contract.

6.2 Bonds and Other Performance Security

6.2.1 Design-Builder shall furnish a Performance Bond and a Payment Bond in the forms provided in Exhibits F and G, respectively, or on any other form provided by City or approved by City. Design-Builder shall deliver to City, not later than fourteen (14) calendar days after the date of the award of the Contract letter issued by City, evidence satisfactory to City that Design-Builder is capable of furnishing the Bonds. The Performance Bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents (including the obligation to pay liquidated damages) in an amount equal to one-hundred percent (100%) of the Contract Price. The Payment Bond shall secure payment of all claims, demands, stop payment notices, mechanics liens, or charges of material suppliers, mechanics or laborers employed by Design-Builder or by any Subcontractor or any person, form, or entity eligible to file a stop payment notice with respect to the Work in an amou nt equal to one -hundred percent (100%) of the Contract Price. Design-Builder shall maintain the Payment Bond in full force and effect until (a) Design- Builder has obtained unconditional releases pursuant to Civil Code § 8138 from all claimants who filed preliminary notice of a claim against the bond, or (b) expiration of the statutory period for claims against the bond. Bonds may be obtained through Design-Builder’s usual source and the cost thereof shall be included in the Contract Price.

6.2.2 The bonds shall be executed by California admitted surety with an A.M. Best Company minimum rating of no less than “A:IX” . If an A.M. Best rating is not av ailable, the proposed surety must meet comparable standards of another rating service satisfactory to City. Bonds issued by a California admitted surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed to be acc epted unless specifically rejected

DESIGN-BUILD AGREEMENT
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by City. Bonds from a California admitted surety not listed in Treasury Circular 570 must be accompanied by all the documents enumerated in California Code of Civil Procedure § 995.660(a).

6.2.3 All such bonds shall be accompanied by a power of attorney for the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond shall be acknowledged by a notary public as a signature of the person designated in the power of attorney.

6.2.4 If, during the continuance of the Contract, any of the sureties, in the opinion the City, are or become non-responsible or otherwise unacceptable to City, City may require other ne w or additional sureties which Design- Builder will furnish to the satisfaction of City within ten (10) days after written notice, and in default thereof, the Contract may be suspended and the work completed as provided in Article 15 of the General Conditions.

6.2.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, Design-Builder shall promptly furnish a copy of the bonds or shall permit a copy to be made.

6.2.6 In the event of increases in the Contract Price by change orders or otherwise aggregating to ten percent (10%) of the Contract Price or more, and by all such subsequent increases in the Contract Price thereafter, the Design-Builder shall submit to City evidence of additional bond coverage for such increases in the Contract Price.

Design-Builder shall be compensated for such additional bond coverage.

ARTICLE VII

MISCELLANEOUS PROVISIONS

7.1 Independent Contractor
Design-Builder is, and shall be, acting at all times in the performance of this Agreement as an independent contractor.

This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant employee, partnership, joint venture or association as between Design -Builder and City. Design-Builder shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Design -Builder and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder.

7.2 City Employees and Officials
Design-Builder shall employ no City official nor any regular City employee in the Work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of applicable provisions of law.

7.3 Notices
All notices, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly delivered: (a) upon personal delivery; (b) as of the third working day after mailing by United States mail, certified-return receipt requested, postage prepaid, addressed to the proper party at the appropriate address set forth below; (c) on the working day immediately after the date it is deposited with and accepted by an overnight courier service, addressed to the proper party at the appropriate address set forth below and marked for the next working day morning delivery; and (d) upon facsimile communication or other electronic communication (such as email or cooperative computer software) approved by City followed by a hard copy with receipt confirmed by telephone or by email. Notice sent by facsimile or other electronic communication after 4:00 p.m. Pacific Standard or

DESIGN-BUILD AGREEMENT
Page A-11
Daylight Time (as applicable) shall be deemed received on the next working day following delivery. For purposes of this Agreement, a “working day” means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

All notice correspondence between City and Design-Builder shall be sent to the individuals noted below (or as otherwise directed in writing) at the following addresses:

TO CITY:

City Clerk
City of Anaheim
200 S. Anaheim Blvd.

Anaheim, CA 92805

w/copies to:

TO DESIGN-BUILDER:

Name: ___________________
Title: _____________________
Company : ________________
Address: _________________

ATTN: ________________
Director of Public Works
Public Works Department
City of Anaheim
200 S. Anaheim Blvd., Suite 276
Anaheim, CA 92805

7.4 Contractor’s License Notice
Contractors are required by law to be licensed and regulated by the Contractors' State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a n act or omission pertaining to latent defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

7.5 Taxes and Reporting

7.5.1 Project Construction - Design-Builder shall cooperate with City in all matters relating to taxation and the collection of taxes, particularly with respect to the self -accrual of use tax. Prior to commencement of construction of the Work, Design -Builder shall obtain a Board Equalization sales and use tax sub -permit for the Site and allocate eligible sales and use tax payments for individual contracts over $5,000,000 to the City. Design -Builder will follow the guidelines set forth in the relevant sections of the Sales and Use Tax Regulations. The Design -Builder must, on its quarterly use tax ret urn, identify the use tax applicable to the Sites and use the appropriate Board of Equalization forms and schedules to ensure that the tax is allocated to the Sites. In determining the amounts of use tax to be paid, the Design-Builder must follow the Sale and Use Tax Regulations. In the event it is later determined that certain eligible use tax amounts were not included on Design-Builder's use tax return(s), Design-Builder must agree to amend those returns and file them with the Board of Equalization in a manner that will ensure that the City receives such additional use tax from the Project.

DESIGN-BUILD AGREEMENT
Page A-12

7.5.2 Use Tax Direct Payment Process - Design-Builder shall follow the Use Tax Direct Payment Permit Process established in the Revenue and Taxation Code and use the sub-permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale.

7.5.3 Fixtures, Materials and Equipment - It is understood and agreed that any fixtures, materi als and equipment shipped from outside California, with a purchase total that exceeds $100,000 purchased directly by Design- Builder and shipped to Design-Builder's Anaheim location, may also be eligible for direct allocation of sales/use tax to the City. D esign-Builder shall complete and submit to the City the Use Tax Direct Payment Permit. Upon request, Design-Builder shall provide to City on a semi-annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six-month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the City. The City agrees to review the semi -annual list of purchases made by Design-Builder.

7.5.4 Permits - Copies of the permit(s) shall be delivered to the City Engineer. In completing the permit, Design-Builder shall use the address of the Site as its business address and may use any address for its mailing address. Copies of the permit(s) shall also be delivered to the City Engineer. The Design -Builder shall provide documentation to the City that the sub -permit(s) have been obtained and provide the sub -permit number(s) to City.

The permit(s) must be obtained as soon as reasonably possible after Design -Builder receives a Notice to Proceed.

Design-Builder shall not order any materials or equipment of $100,000 from vendors outside California until the permit(s) are obtained; and if Design-Builder do so, it shall be a material breach of this Agreement.

7.6 Department of Industrial Relations Registration
Strict compliance with all Department of Industrial Relations (“DIR”) registration requirements in accordance with Labor Code §§ 1725.5 and 1771.1 is a material obligation of Design-Builder and all of its Subcontractors (of any tier) under the Contract Documents. The foregoing includes, without limitation, compliance with DIR registration requirements at all times during performance of the Work by Design-Builder and all of its Subcontractors of any tier. Design-Builder shall execute Exhibit G which is a certification that Design -Builder is in compliance with the DIR registration requirements. In addition, Design-Builder shall provide certification of registration and registration number to City before a Subcontractor will be allowed to work on the Project. The failure of Design-Builder and its Subcontractors of any tier to be properly registered with DIR at all times during performance of the Work is a material breach of the Contract and grounds for termina tion for cause. An affirmative and ongoing obligation of Design-Builder under the Contract Documents is the verification that all Subcontractors of any tier are at all times during performance of the Work in full and strict compliance with the DIR registration requirements. Design-Builder shall not permit or allow any Subcontractor of any tier to perform any Work without Design-Builder’s verification that all Subcontractors are in full and strict compliance with the DIR registration requirements. Any Subcontractor not properly registered with DIR shall be substituted in accordance with Labor Code § 1771.1. Design-Builder or its Subcontractors shall not be entitled to any additional costs or time arising from or in any way related to compliance with the DIR registration requirements.

7.7 Community Workforce Agreement
Design-Builder agrees to comply with the Community Workforce Agreement (“CWA”) if the Project includes covered “Project Work” as defined in the CWA. (Exhibit J) If there is conflict between this Agreement and the CWA, Design- Builder agrees to comply with the terms of the CWA. Design-Builder shall require each of its Subcontractors, of whatever tier, to be bound by the terms of the CWA.

7.8 Equal Employment Opportunity
During performance of the Contract, Deign -Builder will not discriminate against any person or group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, sex or sexual o rientation. Design -Builder confirms that it has an equal opportunity policy ensuring equal

DESIGN-BUILD AGREEMENT
Page A-13
employment opportunity without regard to race, color, national origin, sex, age, religion or handicap; and that it maintains no employee facilities segregated on the basis of race, color, religion or national origin.

7.9 Provisions Required by Law
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Design-Builder shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and the California Public Contract Code where applicable to this Project.

WHEREFORE, this Design-Build Agreement is entered into as of the day and year first written above.

INSERT NAME OF DESIGN-BUILDER

By: _________________________________
Name: ____________________
Title: _____________________
Dated: ____________________

CITY OF ANAHEIM
By:

Mayor
Dated:

ATTEST:

By:________________________________________________
City Clerk
APPROVED AS TO FORM:

ANAHEIM CITY ATTORNEY

By:________________________________________________
NOTE: Signatures of corporate officials must be notarized. [END OF DOCUMENT]

DESIGN-BUILD AGREEMENT
Exhibit A-1

EXHIBIT A

SITE LEGAL DESCRIPTION

DESIGN-BUILD AGREEMENT
Exhibit B-1

EXHIBIT B

SCOPE OF WORK AND INDEX OF

DESIGN DEVELOPMENT DOCUMENTS

DESIGN-BUILD AGREEMENT
Exhibit C-1

EXHIBIT C

APPROVED DEVIATIONS

DESIGN-BUILD AGREEMENT
Exhibit D-1

EXHIBIT D

DESIGN-BUILDER'S KEY PERSONNEL LIST

DESIGN-BUILD AGREEMENT
Exhibit E-1

EXHIBIT E

PROJECT SCHEDULE

DESIGN-BUILD AGREEMENT
Exhibit F-1

EXHIBIT F
Performance Bond No. __________

PERFORMANCE BOND

WHEREAS, the City of Anaheim ("City") has awarded Insert Name of Contractor designated as the "Principal" or “Design-Builder” herein, a contract for the work described as follows:

Insert Description
WHEREAS, on or about Insert Date, the Principal entered into a Contract with the City for the design and construction of the work of improvement, which Contract and all Contract Documents set forth therein are incorporated herein and made a part hereof by this reference; and
WHEREAS, Principal is required to furnish a bond guaranteeing the faithful performance of its obligations under the Contract Documents concurrently with delivery to City of the executed Contract.

NOW, THEREFORE, Principal and Insert Surety Name ("Surety"), a duly admitted surety in the State of California, are held and firmly bound to City for payment of the penal sum of $Insert Amount ("the Bonded Sum"), in lawful money of the United States, for payment of which sum Principal and Surety jointly and severally bind themselves and their heirs, executors, administrators, successors and assigns.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Principal shall promptly and faithfully perform all of its obligations under the Contract Documents, including any and all amendments and supplements thereto, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The following terms and conditions shall apply with respect to this Bond:

1. The Design-Builder and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Contract, which is incorporated herein by reference.

2. If the Design-Builder completely and properly performs all of its obligations under the Contract, the Surety and the Design-Builder shall have no obligation under this Bond.

3. If there is no City Default, the Surety's obligation under this Bond shall arise after:

3.1 City has declared a Design-Builder Default under the Contract pursuant to the terms of the Contract; and

3.2 City has agreed to pay the Balance of the Contract Price to:

3.2.1 The Surety in accordance with the terms of this Bond and the Contract; or

DESIGN-BUILD AGREEMENT
Exhibit F-2

3.2.2 The contractor selected to perform the Contract in accordance with the terms of this Bond and the Contract.

4. When City has satisfied the conditions of Paragraph 3, the Surety shall promptly (within thirty (30) days) and at the Surety's expense elect to take one of the following actions (provid ed, that unless and until City has actually terminated Design-Builder for default, the Surety need only respond to City and commence a diligent investigation, not make an election):

4.1 Arrange for the Design-Builder, with consent of City, to perform and complete the Contract (but City may withhold consent, in its sole discretion, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4, below); or

4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors, but City may reject use of the contractor as an agent or independent contractor; or

4.3 Obtain bids from qualified contractors acceptable to City for a contract for performance and completion of the Contract (other than the original Design-Builder), and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract; and, if the Surety's obligations defined in Paragraph 6, below, exceed the Balance of the Contract Price, then the Surety shall pay to City the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation for which it may then be liable to City under Paragraph 6, below, for the performance and completion of the Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts the Surety's tender under this Paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Design-Builder Default. If City disputes the amount of Surety's tender under this Paragraph 4.4, City may exercise all remedies available to it at law to enforce the Surety's liability under Paragraph 6 below.

5. If the Surety does not proceed as provided in Paragraph 4, above, then the Surety shall be deemed to be in default on this Bond ten (10) calendar days after receipt of an additional written notice from City to the Surety demanding that the Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors.

6. The Surety's monetary obligation under this Bond is limited to the amount of this Bond, plus the Balance of the Contract Price paid hereunder. Subject to these limits, the Surety's obligations under this Bond are commensurate with the obligations of the Design-Builder under the Contract. The Surety's obligations shall include, but are not limited to:

6.1 The responsibilities of the Design-Builder under the Contract for completion of the Contract and correction of defective work;

6.2 The responsibilities of the Design-Builder under the Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Contract, actual damages caused by

DESIGN-BUILD AGREEMENT
Exhibit F-3

non-performance of the Contract, including but not limited to, all valid and proper back charges, offsets, payments, indemnities, or other damages;

6.3 Additional legal, design professional and delay co sts resulting from the Design-Builder Default or resulting from the actions or failure to act of the Surety under Paragraph 4, above.

7. No right of action shall accrue on this Bond to any person or entity other than City or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including changes of time. The Surety consents to all terms of the Contract, includ ing provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.

9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and the Design-Builder regarding the Contract, or in the courts of the City of Anaheim, or in a court of competent jurisdiction in the location in which the work is located.

10. Notice to the Surety, City or the Design-Builder shall be mailed or delivered to the address shown on the signature page.

11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

12. Definitions.

12.1 Balance of the Contract Price: The total amount payable by City to the Design-Builder pursuant to the terms of the Contract after all proper adjustments have been made under the Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Contract.

12.2 Contract: The agreement between City and the Design-Builder identified on the signature page, including all Contract Documents and changes thereto.

12.3 Design-Builder Default: Material failure of the Design-Builder, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Design- Builder progress payments due under the Contract or to perform other material terms of the Contract, if such failure is the cause of the asserted Design-Builder Default and is sufficient to justify Design- Builder termination of the Contract.

13. Qualification Regarding Extended Warranties. The Surety’s liability for extended warranties for Subcontractors and suppliers shall not apply to a breach of any such extended warranty under the Contract that occurs more than one year after the applicable warranty commencement date under the Contract.

IN WITNESS WHEREOF, three (3) iden tical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety of the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant

DESIGN-BUILD AGREEMENT
Exhibit F-4

to authority of its governing body. Principal and Surety have caused this Bond to be duly executed and delivered as of this day of , 20___.

SURETY:

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PRINCIPAL:

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Name

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Name

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Principal Place of Business Address
By:_____________________________________
_
Signature

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_______________________________________
_
Attorney-In-Fact
By:____________________________________
_
Signature

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______________________________________
_
Printed Name

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______________________________________
_
Title

DESIGN-BUILD AGREEMENT
Exhibit F-5

NOTARIAL CERTIFICATION OF ATTORNEY IN FACT, CORPORATION SEAL

AND SURETY SEAL MUST BE ATTACHED

ACKNOWLEDGMENT OF PERFORMANCE BOND

State of California
City of Click or tap here to enter text.)
On Click or tap here to enter text. before me, Click or tap here to enter text. personally appearedClick or tap here to enter text., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/ executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

DESIGN-BUILD AGREEMENT
Exhibit F-6

ACKNOWLEDGMENT OF ATTORNEY IN FACT

PERFORMANCE BOND

State of California
City of Click or tap here to enter text.)
On Click or tap here to enter text. before me, Click or tap here to enter text. personally appeared Click or tap here to enter text., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/ executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

DESIGN-BUILD AGREEMENT
Exhibit G-1

EXHIBIT G
Payment Bond No. ________

PAYMENT BOND
(Labor and Material Bond)

WHEREAS, the City of Anaheim ("City") has awarded Insert Name of Contractor designated as the "Principal" or “Design-Builder” herein, a contract for the work described as follows:

Insert Description
WHEREAS, on or about Insert Date, the Principal entered into a Contract with the City for the design and construction of the work of improvement, which Contract and all Contract Documents set forth therein are incorporated herein and made a part hereof by this reference; and
WHEREAS, by terms of the Contract, as well as California Civil Code § 9550 et seq. and Public Contract Code § 22165(a), Principal is required to furnish a bond guaranteeing payment of claims.

NOW, THEREFORE, Principal and Insert Surety Name ("Surety"), a duly admitted surety in the State of California, are held and firmly bound to the City for payment of the penal sum of $Insert Amount ("the Bonded Sum"), in lawful money of the United States, for payment of which sum Principal and Surety jointly and severally bind themselves and their heirs, executors, administrators, successors and assigns.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Principal shall fail to pay any of the persons named in California Civil Code § 9100 for all labor, materials, equipment or services used or reasonably required for use in performance of the Work of the Project, then Surety shall pay for the same in an amount not -to-exceed the Bonded Sum, otherwise this obligation shall be null and void.

The following terms and conditions shall apply with respect to this Bond:

1. The Design-Builder and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to City, this obligation shall be null and void if the Design-Builder:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided City has promptly notified the Design-Builder and the Surety (at the address described in Paragraph 10) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Design-Builder and the Surety, and provided there is no City Default.

3. With respect to Claimants, this obligation shall be null and void if the Design-Builder promptly makes payment, directly or indirectly through its subcontractors, for all sums due Claimants. However, if Design-Builder or its subcontractors fail to pay any of the persons named in California Civil Code § 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any

DESIGN-BUILD AGREEMENT
Exhibit G-2

amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Design-Builder or subcontractors pursuant to the Unemployment Insurance Code § 13020, with respect to such work and labor, then Surety will pay for the same, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

4. The Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements under Civil Code § 9560.

5. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety under this Bond.

6. Amounts due the Design-Builder under the Contract shall be applied first to satisfy claims, if any, und er any Construction Performance Bond and second, to satisfy obligations of the Design-Builder and the Surety under this Bond.

7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. Suit against Surety on this Payment Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, pursuant to California Civil Cod e § 9558, must be commenced before the expiration of six months after the period in which stop payment notices may be filed as provided in Civil Code § 9356.

10. Notice to the Surety, City or the Design-Builder shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, City or the Principal, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

11. This Bond has been furnished to comply with Civil Code § 9000 et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Design-Builder shall promptly furnish a copy of this Bond or shall permit a copy to be made.

13. DEFINITIONS

13.1 Claimant: An individual or entity having a direct contract with th e Design-Builder or with a subcontractor of the Design-Builder to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code § 9100. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone serv ice or rental equipment used in the Contract, architectural and engineering services required for performance of the work of the Design- Builder and the Design-Builder's subcontractors, and all other items for which a stop payment notice might be asserted.

DESIGN-BUILD AGREEMENT
Exhibit G-3

13.2 Contract: The agreement between City and the Design-Builder identified on the signature page, including all Contract Documents and changes thereto.

13.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Design- Builder as required by the Contract, provided that failure is the cause of the failure of Design-Builder to pay the Claimants and is sufficient to justify termination of the Contract.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety of the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Principal and Surety have caused this Bond to be duly executed and delivered as of this day of , 20___.

SURETY:

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PRINCIPAL:

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Name

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Name

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Principal Place of Business Address
By:_____________________________________
Signature

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_______________________________________
Attorney-In-Fact
By:____________________________________
Signature

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______________________________________
Printed Name

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______________________________________
Title

DESIGN-BUILD AGREEMENT
Exhibit G-4

NOTARIAL CERTIFICATION OF ATTORNEY IN FACT, CORPORATION SEAL

AND SURETY SEAL MUST BE ATTACHED

ACKNOWLEDGMENT OF PAYMENT BOND

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

DESIGN-BUILD AGREEMENT
Exhibit G-5

ACKNOWLEDGMENT OF ATTORNEY IN FACT

PAYMENT BOND

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

DESIGN-BUILD AGREEMENT
Exhibit H-1

EXHIBIT H

CERTIFICATION OF CONTRACTOR AND SUBCONTRACTOR

DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION

Pursuant to Labor Code Section 1725.5, a contractor or subcontractor must be registered with the Department of Industrial Relations in order to bid on, be listed in a bid proposal, or engage in the performance of any defined public work contract.

I, Name, Title certify that Contractor Name is currently registered with the Department of Industrial Relations (“DIR”):

Contractor’s DIR Registration Number: Click or tap here to enter text.

Expiration Date: Click or tap here to enter text.

Contractor further acknowledges that:

Contractor shall maintain DIR registered status for the duration of the Project without lapse in registration.

Contractor shall note in its invitation to bid the DIR’s registration requirement for all subcontractors and their subcontractors.

Contractor shall ensure that all subcontractors are registered at the time of bid opening and maintain registered status for the duration of the Project.

Contractor is to furnish DIR Registration Number for all subcontractors on the project either at the time of bid or within 24 hours of the bid opening.

Contractor shall substitute any subcontractor with a DIR registered subcontractor if listed subcontractor is unable to perform the Work.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature

Date

DESIGN-BUILD AGREEMENT
Exhibit I-1

EXHIBIT I

DESIGNATION OF SUBCONTRACTORS
Design-Builder shall set forth below:

1. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the Design-Builder in or about the construction of the work of improvement, or a subcontractor licensed in the State of California who, under subcontract to the Design-Builder, specially fabricates and installs a portion of the work of improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the Design-Builder 's total bid.

2. The portion and estimated dollar amount of the work which will be done by each subcontractor. The Design- Builder shall list only one subcontractor for each portion as is defined by the Design-Builder in his/her bid.

3. If the Design-Builder fails to specify a subcontractor, or if the Design-Builder specifies more than one subcontractor for the same portion for work to be performed under the Contract in excess of one -half of one percent of the Design-Builder's total bid, then he/she agrees that he/she is fully qualified to perform that portion himself/herself, and that he/she shall perform that portion himself/herself. If after award of Contract, the Design-Builder subcontracts any such portion of the Work, the Design-Builder shall be subject to the statutory penalties.

4. All subcontractors (of any tier) performing any portion of the work or labor or rendering services to the Design- Builder must comply with Labor Code Sections 1771.1 and 1725.5, must be properly registered with the California Department of Industrial Relations, and must be qualified to perform public works pursuant to Labor Code Section 1725.5 throughout the duration of the Project.

Please type or legibly print (attach additional sheets as necessary).

DESIGN-BUILD AGREEMENT
Exhibit I-2

Subcontractor Information for City and DIR

Dated: Click or tap here to enter text.

1. Subcontractor
Name

Item of Work
Complete Street Address
Phone No.