Fontana City Council
October 10, 2023

Tuesday, October 10, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
WORKSHOP - 5:30 P.M.

CLOSED SESSION- 6:00 P.M.

REGULAR MEETING - 7:00 P.M.

Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda October 10, 2023
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

WORKSHOP:

A. City Council Workshop
5:30 P.M. City Council Workshop
A. Spanish Translation 21-2535
PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION

2 City Council Meeting Regular Agenda October 10, 2023
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Anderson/Moore Sr. et al. v. City of Fontana
Claim Number(s): CIVDS 1610471

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Robert King v. City of Fontana
Claim Number(s): CIVDS 2016703

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: John B. Stark v. City of Fontana
Claim Number(s): CIVSB2124569
21-2525
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation

3 City Council Meeting Regular Agenda October 10, 2023
A. 1. Mayor Warren and City Council to proclaim October 7-15, 2023 as Water Professionals Appreciation Week (West
Valley Water District Director Garcia to accept).

2. Mayor Warren and City Council to proclaim the Month of October 2023 as National Community Planning Month
(Planning Commission Chair Cathline Fort and Director of Planning Patty Nevins to accept).

3. Mayor Warren and City Council to proclaim the 2nd Week of October 2023 as Code Compliance Officer Appreciation Week (Sandra Pelayo, Community Improvement Program
Manager, to accept).

4. Mayor Warren and City Council to proclaim the month of October 2023 as Cyber Security Awareness Month
(Information Technology Manager Chris Beck to accept).

5. Mayor Warren and City Council to proclaim October as National Manufacturing Month (representative from
California Manufacturing Technology Consulting, Cynthia Amador Diaz to accept).
21-2527
SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize the 2023 Planning Department Employee of the Year (Director of
Planning Patty Nevins to present).

2. Mayor Warren and City Council to recognize Code
Compliance Officer of the Year (Community Improvement
Program Manager, Sandra Pelayo, to present).

3. Mayor Warren and City Council to recognize Department of Innovation and Technology's Employee of the Year
(Director of Innovation and Technology Jennifer Barcenas to present).
21-2526

4 City Council Meeting Regular Agenda October 10, 2023
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-2528
Approve the minutes of the September 26, 2023, City Council Meeting.

City Council Meeting Minutes 9-26-2023.pdfAttachments:

B. Authorize the purchase of a CNG Freightliner SD 114
10-Wheel Dump Truck.
21-2435

1. Authorize the Purchasing Division to “piggyback” using the Sourcewell Cooperative Purchasing Agreement (Contract # 060920-NAF) for the purchase of one ( 1) 2025 Freightliner 114SD from National Auto Fleet Group in the amount of $300,548.41.

Quote.pdfAttachments:

5 City Council Meeting Regular Agenda October 10, 2023
C. Award a Design-Build Contract for the City Hall Renovation Project - Phase I (Fire Annex)
21-2437

1. Approve and authorize the City Manager to execute a Design-Build Contract with PENTA Building Group, LLC for the City Hall Renovation Project - Phase I (Fire Annex) in the amount of $25,000,000.00 which includes a city owner contingency in the amount of $858,357.00 (Bid No.

SQ-25-DE-23-01).

2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase I (Fire Annex).

3. Approve and authorize the City Manager to execute any future amendments to the Design-Build Contract.

Exhibit A (Vicinity Map).pdf
[DRAFT] Contract (CHRP-PI; SQ-25-DE-23-1;
2023-9-18).pdf
Attachments:

D. Award a Construction Contract for the North Heritage Phase 1 Fiber Optic Project (Bid No. SB-147-DE-23).
21-2468

1. Award Bid and authorize the City Manager to execute a construction contract with GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project in the amount of $218,484.01 and authorize a 10% contingency in the amount of $21,848.40 (Bid No.

SB-147-DE-23).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the North Heritage Phase 1 Fiber Optic Project.

Vicinity Map
Bid Results
Bid Detail
Attachments:

E. California Department of General Service (DGS) MOU
Agreement- Small Business Certification Program.
21-2483

1. Approve and authorize the City Manager to execute a reciprocity partner MOU agreement with the California Department of General Services.

City of Fontana_Reciprocity Partner MOU.pdfAttachments:

6 City Council Meeting Regular Agenda October 10, 2023
F. Approve a Professional Services Agreement for
Construction and Project Management Services for the
Courtplace Housing Development Project (Infrastructure
Improvements)
21-2493

1. Award contract and authorize the City Manager to execute a Professional Services Agreement in a not-to-exceed amount of $125,335.00 with LAE Associates, Inc. for Construction and Project Management Services for the Courtplace Housing Development Project (Infrastructure Improvements) Request for Proposals DE-24-14-SP.

2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.

Vicinity Map (Courtplace Housing Development Project).pdf Professional Services Agreement Draft - LAE.pdf
Attachments:

G. 2024 Selective Traffic Enforcement Program Grant Award 21-2497

1. Accept the State of California Office of Traffic Safety (OTS) 2024 Selective Traffic Enforcement Program (STEP) Grant, number PT 24071 in the amount of $330,000.

2. Authorize the Chief of Police to sign the Standard Agreement and any Amendments between the Office of Traffic Safety and the Fontana Police Department.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

PT24071.pdfAttachments:

H. Donation of Surplus Vehicle Ford E-450 Bus Unit # 3115 21-2498 Approve the donation of City surplus vehicle 2017 Ford E-450 Bus to National Community Renaissance.

I. Award a Contract for the Cypress Center Roof Project. 21-2504 Award bid and authorize the City Manager to execute a contract with Final Touch Construction of Fontana, CA in the amount of $220,500.00 to re-roof the Cypress Center and authorize a 10% contingency in the amount of $22,050.00.

Summary Bid Results.pdf
Final Touch Construction Pricing - PW-25-19-SB.pdf
Notified Vendors PW-25-19-SB.pdf
Attachments:

7 City Council Meeting Regular Agenda October 10, 2023
J. Award a Construction Contract for the San Sevaine Trail Phase 1, Segment 2 Project
21-2514

1. Approve and authorize the City Manager to award and execute a construction contract that includes a 10% contingency with the lowest responsible/responsive bidder for the San Sevaine Trail Phase 1, Segment 2 Project (Bid No. SB-109-DE-23)

2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the San Sevaine Trail Phase 1, Segment 2 Project.

Vicinity MapAttachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)

8 City Council Meeting Regular Agenda October 10, 2023
A. Adoption of Ordinance No .1925, of the City Council of the City of Fontana, California adopting an impoundment policy supplementing the sidewalk vending ordinance to help
protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger.
21-2515
Waive further reading of and introduce Ordinance No. 1925 an Ordinance of the City of Fontana adding Fontana Municipal Code sections 1-14 (Enforcement Obstruction Consequences) and 15-829 (Impoundment) relating to Sidewalk Vending; and that the reading of the title constitutes the first reading thereof.

Fontana - Sidewalk Vending Ord v2 (Unsigned).pdf
Fontana - Sidewalk Vending Reso v2 (Unsigned).pdf
Attachments:

UNFINISHED BUSINESS:

A. Unfinished Business
A. Award of contract for additional contracted Code
Compliance Inspectors to address Non-permitted Street
Vendors.
21-2513

1. Award proposal and authorize the City Manager to execute a contract with 4Leaf Inc. in the amount of $598,224 for the period of six (6) months.

2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for Non-permitted Street Vendor Inspections.
4LEAF_Task_Order_Proposal_#R2_FONTANA.pdfAttachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on October 24, 2023 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2535 Agenda Date: 10/10/2023
Agenda #: A. Category: Consent Calendar
Workshop
Tuesday, October 10, 2023
5:30 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/3/2023Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2525 Agenda Date: 10/10/2023
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, October 10, 2023
6:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/3/2023Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2527 Agenda Date: 10/10/2023
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, October 10, 2023
7:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/3/2023Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2526 Agenda Date: 10/10/2023
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, October 10, 2023
7:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/3/2023Page 1 of 1
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2528 Agenda Date: 10/10/2023
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 26, 2023, City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the September 26, 2023, Regular City Council meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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14

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, September 26, 2023

7:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer

15

AGENDA REVIEW 21-2519

Mayor Warren stated that a need arose after posting of the agenda, for the City to act on an item before the next regular City Council meeting.

ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed unanimously by a vote of 5 -0, to a dd New Business Item B. Authorization to Purchase Pool Water Heaters for Fontana Park Aquatics Center to the agenda.

WORKSHOP:

A. 5:30 P.M. City Council Workshop

The Workshop of th e Fontana City Council was held on Tuesday, September 26, 2023, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the Workshop to order at 5:36 p.m. with all members of the City Council present except Mayor Pro Tem Garcia who arrived at 5:48 p.m.

City Clerk Germaine Key and City Treasurer Janet Koehler -Brooks were also in attendance.

Public Works Manager Dan West provided an overview of the Parks, Recreation and Trail Master Plan, discussed recent projects completed and in progress, park improvements by priority, proposed Capital Improvement Projects, reoccurring park equipment maintenance, and provided an overview of funding sources.

Council Member Roberts asked about the possibility of forming a Community Facilities District (CFD) for parks and recreation services.

Deputy City Manager Phillip Burum stated that staff was the preliminary stages of retaining a consultant to consolidate all the City's CFD's.

Direction was provided to staff to p rovide an analysis on the cost and benefits of artificial turf versus natural turf.

Mayor Warren recognized the current Federal government administration and County Supervisors Joe Baca Jr. and Jesse Armendarez for American Rescue Plan Act funding for the various park improvements.

Council Member Cothran asked about the status of the RC park.

The Workshop was adjourned at 6:13 p.m.

16

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

A Regular M eeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 26, 2023. Mayor Warren called the meeting to order at 7:07 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, Sandoval and Cothran.

ABSENT: None

City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Sandoval.

PROCLAMATION:

A. Proclamation

1. Mayor Warren and City Council to proclaim September 26, 2023, as Human Resource s Professional Day (Director of Human Resources and Risk Management Rakesha Voss to present).

Mayor Warren and the City Council proclaimed September 26, 2023, as Human Resources Professional Day , Director of Human Resources and Risk Management Rakesha Voss accepted.

SPECIAL PRESENTATIONS:

A. Special Presentations
Mayor Warren and City Council recognized local Fontana Athletes of World Cup, Maryrose Ortiz and Destinea Aguiree.

Mayor Warren and City Council recognized Fontana PONY Baseball Leagues.

Mayor Warren and City Council recognized Officer Shaun Pisani, Lead Property Control Clerk Yvonne Jimenez, Property Clerks Stefanie Cendejas -Otzoy, Diane Kimball and Community Service Officer David Martinez as August Employees of the month.

Mayor Warren and City Council recognize d Senior Human Resources Analyst Melvin Alegado 17

as Human Resources and Risk Management Department Employee of the Year.

PUBLIC COMMUNICATIONS:

A. Public Communications

Amy Nevarez of Chaffey College provided an update on programs and opportunities available at the Fontana campus.

Mark Richichi spoke in opposition of Planned Parenthood.

Denise Debbi discussed concerns with smoking in residential areas and asked the Council to pass an ordinance addressing secondhand smoke.

Cecelia Bolanos discussed concerns with cancellation of swim lessons due to a pre -planned City event and asked for a refund for lessons cancelled.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 5 -0 to a pprove the Consent Calendar .

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

A. Approval of Minutes 21-2487

B. Second Amendment to the City Manager Employment 21-2311 Agreement between the City of Fontana and Matthew C. Ballantyne.

C. Final Acceptance of the Police Facility Fence Installation Project 21-2391

D. Accept a Carbon Reduction Program (CRP) Grant for San 21-2402 Sevaine Trail Phase 1-Segment 2 Project

E. Declare City Property to be Public Right of Way and Accept 21-2410 the Property into the City Street System

F. Approve Measure I Five-Year Capital Project Needs 21-2465 Analysis Amendment and Annual Adoption

G. 2024 ABC Grant 21-2467

H. Police Department Monthly Information Update 21-2473

I. Fontana Chamber of Commerce – Contract Renewal 21-2484 18

J. Authorize City to enter into Regional Contract with the Inland 21-2502 Empire Utilities Agency (IEUA)

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed 21-2476 Abatement Accounts

Mayor Warren opened the public hearing.

There were no written correspondences received.

Revenue and Operations Manager Lisa Conlon provided the staff report.

The following individuals spoke on the item:

Lily Huang asked the Council to delay the recording of a lien on her property at 5330 Matera Avenue.

The Council directed staff to follow-up with Ms. Huang.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Sandoval, and passed unanimously by a vote of 5 -0 to approve staff recommendation for Public Hearing Item “A” as follows:

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2023- 099, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval: NOES: None; ABSTAIN: None; ABSENT: None

B. Master Case No. 23-062 and Appeal No. 23-016: Appeal of the 21-2407 Planning Commission’s decision to uphold the Director of Planning’s approval of Administrative Site Plan No. 22 -028 and Minor Use Permit No. 22 -007, for 19

the request to install a new wireless tel ecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total, pursuant to CEQA determinations.

Mayor Warren opened the public hearing.

The City Clerk’s Department received one (1) written correspondence in opposition of this item.

Assistant Planner Mai Thao provided the staff report.

The following individuals spoke in opposition of the item:

1. Niko Constant

Mayor Warren closed the public hearing.

Council Member Cochran asked if the trespassing issue was a civil issue.

City Attorney Ruben Duran stated that the trespass issue was a civil issue between AT&T and the Constant Family Trust.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed unanimously by a vote of 5 -0 to approve staff recommendation for Public Hearing Item “B” as follows:

1. Deny Appeal No. 23-016, thereby upholding the decision of the Planning Commission and Director of Planning approving
Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007, for the request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total.

2. Direct staff to prepare, execute, and file a CEQA Notice of Exemption with the County Clerk, as appropriate, within five (5) working days of the Council’s final action on Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval : NOES: None; ABSTAIN: None; ABSENT: None
NEW BUSINESS:

A. New Business
A. Issuance of Special Tax Bonds for CFD #100 (Victoria) 21-2474 Adopt Resolution No. 2023-100, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 20

100 (Victoria) Special Tax Bonds, Series 2023, in an aggregate principal amount of not to exceed $6,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

Chief Financial Officer Jessica Brown provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 5-0 to approve New Business Item “A”.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

B. Authorization to Purchase Pool Water Heaters for Fontana 21-2520 Park Aquatics Center

City Manager Matt Ballantyne provided the staff report and noted that the item was an emergency agenda item added after the agenda was posted.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to approve New Business Item “B”.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matt Ballantyne did not have any comments.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Treasurer Koehler-Brooks wished City Clerk Key a happy birthday.

City Clerk Key thanked the Council for the birthday wishes and congratulated the local sports teams, employees of the month and first responders who were recognized tonight.

Council Member Roberts wished City Clerk Key a happy birthday and thanked the Fo ntana Herald News for the recent article about him.

Council Member Sandoval encouraged local youth to participate in the Veteran's Day Essay Contest, expressed condolences for the recent passing of Nick Romo, Tony Martinez and Sally Crawford. Also wished his niece a happy birthday.
21

Mayor Pro Tem Garcia discussed the recent League of California Cities Annual Conference he attended and congratulated Fontana Pony Baseball.

Council Member Cothran wished City Clerk Key a happy birthday and congratulated the local Fontana sports leagues.

Mayor Warren expressed condolences to Nick Romo, Tony Martinez, Sally Crawford and Ruby Hunt who the meeting would be adjourned in honor of. Also discussed the League of California Cities Annual Conference, City Link/Water of L ife homeless outreach efforts and thanked the community for working towards solving the homelessness crisis . Also asked City Attorney Ruben Duran to clarify the recent planning and land use moratorium that was adopted.

City Attorney Ruben Duran clarified the recent moratorium stating that it did not apply specifically, to Planned Parenthood, but all property owners in the area.

Mayor Warren also thanked all the National Public Lands Day volunteers.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting in memory of Nick Romo, Tony Martinez, Sally Crawford and Ruby Hunt. The meeting adjourned at 8:30 p.m. to the next Regular City Council Meeting on October 10, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 26, 2023.

_______________________
Germaine Key
City Clerk

22 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2435 Agenda Date: 10/10/2023
Agenda #: B. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Authorize the purchase of a CNG Freightliner SD114 10-Wheel Dump Truck.

RECOMMENDATION:

1. Authorize the Purchasing Division to “piggyback” using the Sourcewell Cooperative Purchasing Agreement (Contract # 060920-NAF) for the purchase of one (1) 2025 Freightliner 114SD from National Auto Fleet Group in the amount of $300,548.41.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Practice sound fiscal management by living within our means while investing in the future.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Public Works Department, Utilities and Streets Division is responsible for the maintenance and repair of the city’sstreet infrastructure which covers a span of 43 square miles. The dump truck is an essential piece of equipment needed to maintain curb sides, streets, and empty fields for debris removal. The department is requesting to purchase a new vehicle to replace one of the existing trucks. The replacement dump truck will meet the South Coast Air Quality Management District’s Rule 1196 CNG criteria.

The selected dump truck is being recommended for purchase after a comprehensive review process by department, field, and fleet service staff. Based upon the research, the truck that meets the departments needs is the dump truck mounted on a CNG Freightliner 114SD from National Auto Fleet Group.

Fontana City Code Article V- Purchasing Section 10-152(4) authorizes bidding to be exempt since the competitive bidding was already conducted by another agency. Staff is recommending that City Council authorize this purchase between National Auto Fleet Group and the City, and to “piggyback” City of Fontana Printed on 10/5/2023Page 1 of 2
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23 File #: 21-2435 Agenda Date: 10/10/2023
Agenda #: B. Category: Consent Calendar
off the Sourcewell Contract for the dump truck
FISCAL IMPACT:

Funds were approved in the FY2023-2024 Fiscal Year Budget in the amount of $300,548.41 for the purchase of this vehicle as part of the fleet services capital replacement, specifically in Account No. 75137306.8319.

MOTION:

Approve Staff Recommendation.

City of Fontana Printed on 10/5/2023Page 2 of 2
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24 25
26 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2437 Agenda Date: 10/10/2023
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Design-Build Contract for the City Hall Renovation Project - Phase I (Fire Annex) RECOMMENDATION:

1. Approve and authorize the City Manager to execute a Design-Build Contract with PENTA Building Group, LLC for the City Hall Renovation Project - Phase I (Fire Annex) in the amount of $25,000,000.00 which includes a city owner contingency in the amount of $858,357.00 (Bid No.

SQ-25-DE-23-01).

2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase I (Fire Annex).

3. Approve and authorize the City Manager to execute any future amendments to the Design- Build Contract.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City Hall Renovation Project - Phase I (Fire Annex) is a proposed project to be constructed in place of the existing Fire Administration Building located at 17001 Upland Avenue, Fontana, CA 92335 (Reference Exhibit “A” Vicinity Map), and shall consist of demolishing the existing one-story building, and constructing a two-story municipal building with a first tier parking structure and second floor office spaces. Each tier will have a footprint of approximately 30,000 square feet. The intent of the building is to serve as office space for City staff, as well as both public and employee parking for the Civic Campus.

On October 5, 2022, the City issued a Request for Qualifications for the Design-Build Entities for the Project. A total of six (6) Statement of Qualifications (SOQ) were received. After evaluation, all six (6) firms were qualified to be invited to the Request for Proposals (RFP) phase. · C.W. Driver
· Kemp Bros. Construction, Inc.
· R.C. Construction Services, Inc.
· Swinerton
City of Fontana Printed on 10/5/2023Page 1 of 2
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27 File #: 21-2437 Agenda Date: 10/10/2023
Agenda #: C. Category: Consent Calendar
· The PENTA Building Group, LLC
· Tilden-Coil Constructors, Inc.

On June 1, 2023, the City issued a Request for Proposals for Design-Build Entities to the six (6) firms who met the qualifications. On August 3, 2023, the bids were closed with a total of three (3) proposals received. After the proposal evaluations, the PENTA Building Group, LLC was ranked as the first proponent and invited to a fee negotiation meeting.

Ranking Cost Proposal Budget

1. PENTA Building Group, LLC $23,996,793.00

2. C.W. Driver, LLC $23,997,746.00

3. Kemp Bros. Construction, Inc. $25,101,926.00
At the conclusion of the fee negotiation meeting, staff selected the PENTA Building Group, LLC for the Design-Build contract in the amount of $25,000,000.00, including a city owned contingency.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $25,000,000.00 for the full term of the Design-Build contract. The available budget is about $24,584,717. Considering all projected expenses, an additional $1,100,000.00 is being requested in 37600011-610-A-8329 and is not included in the FY 2023-2024 budget. The request will be submitted in the next quarterly budget report and will be funded by Fire Capital Fund No. 610. All future costs will be included in subsequent fiscal year budgets.

MOTION:

Approve staff recommendation.

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28 N01 inch = 600 feet1200600

CITY HALL RENOVATION PROJECTPROJECT LOCATION
29 16498.00170\41015756.1

1 DESIGN-BUILD CONTRACT BETWEEN

CITY OF FONTANA

AND PENTA BUILDING GROUP, LLC
FOR THE CITY HALL RENOVATION PROJECT – PHASE I (FIRE ANNEX) TRACKING NUMBER SQ-25-DE-23-01

This Design -Build Contract (“Contract”) is made and entered into this 26th day of September, 2023 by and between the City of Fontana, (hereinafter referred to as “Agency”) and PENTA B uilding Group, LLC (hereinafter collectively referred to as “Design -Build Entity” or “DBE”). Agency and DBE are sometimes individually referred to as “Pa rty” and collectively as “Parties.”

RECITALS

A. Agency desires to enter a single project for the turnkey design and construction for the City Hall Renovation Project – Phase I project (“Project”) as set forth in this Contract. Because of the unique nature of the Project, Agency desires to engage a single design -build entity to engineer and implement the Project.

B. The DBE submitted a Proposal for the Project, which was selected as providing the best- value for the Project.

C. DBE desires to perform and assume responsibility for the provision of the design and construction services, and such other services as required by the Agency on the terms and conditions set forth in this Contract and DBE represents that it is experienced in providing professional planning, design, and construction services to public entities, is appropriately licensed in the State of California to perform such services, and is familiar with the Scope of Work.

TERMS

1. Incorporation of Contract Documents.

The above referenced recitals are true and correct and are incorporated into this Contract by this reference. This Contract includes and hereby incorporates in full by reference the following Contract Documents, including all exhibits, drawings, specificat ions and documents therein, and attachments and addenda thereto:
(a) Design-Build Contract
(b) Attachment 1 to this Contract – Scope of Services
(c) Attachment 1-1 to this Contract – Proposal
(d) Attachment 2 to this Contract - General Conditions
(e) Attachment 3 to this Contract – Special Conditions
(f) Attachment 4 to this Contract – Performance Bond
(g) Attachment 5 to this Contract – Payment Bond
(h) Attachment 6 to this Contract – Rate Schedule
(i) Attachment 7 to this Contract – Workers’ Compensation Certification
(j) Request for Proposal (“RFP”) and all addenda, attachments and appendices
30 16498.00170\41015756.1

2 (k) Request for Qualifications (“RFQ”) and all addenda, attachments and appendices
(l) Design-Build Entity Statement of Qualifications in response to Request for Qualifications
(m) Agency approved Change Orders
(n) Completed and approved Construction Documents in accordance with the General Conditions

2. The DBE’s Basic Obligations; Compensation.

The DBE promises and agrees, at its own cost and expense, to furnish to the Agency all design and construction services, labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project as described in the Contract Documents (hereinafter the “Scope of Work” of “Work”).

Agency shall pay to the DBE as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and inc luding all applicable taxes and costs, the sum of Twenty-Five Million Dollars ($25,000,000.00) (“Contract Price”). Payment shall be made as set forth in the General Conditions. Unless otherwise stated in the Contract Documents, the Contract Price shall pay for all costs and expenses required to design and construct the Project.

3. Standard of Care.

The DBE’s performance shall be consistent with the standards set forth in the Contract and the General Conditions. The DBE warrants to Agency that all Design Work will be performed in accordance with the highest professional standards and degree of care applicable to those design professionals who specialize in designing and providing services for projects of the type, scope, quality and complexity of the Project utilizing the Design -Build contracting mode. The DBE warrants to Agency that all labor, materials, equipment and furnishings used in, or incorporated into, the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents), and all work will be free of liens, claims and security interests of third parties; that the w ork will be of the highest quality and free from defects and that all work will conform with the requirements of the Contract Documents. The DBE shall supervise, inspect, and direct the Project competently and efficiently, devoting such attention thereto a nd applying such skills and expertise as may be necessary to perform the Project in accordance with the Contract Documents. The DBE shall be solely responsible for the means, methods, techniques, sequences, and procedures of design and construction of the Project. DBE shall perform, at its own cost and expense and without reimbursement from the Agency, any services necessary to correct errors or omissions which are caused by the DBE’s failure to comply with the standard of care provided for herein.

4. Period of Performance; Liquidated Damages.

Time is of the essence. The DBE guarantees that it shall perform and complete all Work required by the Contract Documents for completion by the Project Completion Date. The Project Completion Date shall be May 7, 2025.

The DBE agrees that it shall be liable to the Agency for liquidated damages in an amount of four thousand Dollars ($4,000.00) per day for each and every calendar day beyond the Project Completion Date that completion of the Project has not been achieved at the Project 31 16498.00170\41015756.1

3 Site as the sole and exclusive remedy for Design-Build Entity caused delay. If not completed by the Project Completion Date, it is understood that the Agency will suffer damage, and that it is and will be difficult and/or impossible to ascertain and determine the actual damage which the Agency will sustain in the event of and by reason of the DBE’s failure to complete the work, and therefore the DBE shall pay to the Agency the stipulated sum as fixed and liquidated damages and not as a penalty. Any money due or to become due the DBE may be retained to cover liquidated damages.

In compliance with the provisions of California Public Contract Code section 7102, the DBE will be compensated for damages incurred due to delays in completing the Work by the Project Completion Date due to the fault of the Agenc y, where such delay to the critical path is unreasonable under the circumstances and not contemplated by the parties, and such delay is not the result of Additional Work. The DBE and Agency agree that determining actual damages is impracticable and extreme ly difficult. As such, the DBE shall be entitled to the appropriate time extension and to payment of liquidated damages in an amount of four thousand Dollars ($4,000.00) per day for each and every calendar day in excess of the Project Completion Date.

Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fe es incurred or sustained as a result of such delay. The amount of reverse liquidated damages shall be reduced by DBE’s concurrent delays. The DBE expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this Article.

5. Approval of Design; Commencement of Construction.
(a) The Scope of Work shall consist of two phases: the Construction Document Phase and the Construction Phase. The Agency shall issue a Notice to Proceed for each Phase.
(b) The DBE shall commence the Construction Document Phase after receipt of Agency’s Notice to Proceed and complete the Construction Document Phase work within 7 days of the Notice to Proceed date. The design shall consist of preparation of the Construction Documents as set forth in the General Conditions. The Bridging Documents may be utilized to assist in scoping the Project, but responsibility for the design shall rest solely with the DBE. (c) DBE shall submit the following to Agency for approval:
(i) 30% Construction Documents;
(ii) 50% Construction Documents; and
(iii) 100% Construction Documents.
(d) The Agency’s review and approval of the design shall not relieve the DBE from its responsibilities under the Contract. Such review shall not be deemed an approval or waiver by the Agency of any deviation from, or of the DBE's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the Document submitted by the DBE and approved by the Agency. The Agency Representative, or an Agency Engineer designated to review and approve Construction Documents, shall be authorized to approve the Construction Documents and any amendments or changes to the design.
32 16498.00170\41015756.1

4 (e) The Contract Schedule shall indicate the time for the Agency to review the proposed Construction Documents and shall provide a reasonable time for review of same, not more than 21 days. DBE shall not be entitled to damages, liquidated or otherwise, for any delays during the Construction Document Phase.
(f) DBE shall not commence construction until the Agency approves the completed Construction Documents and issues a Notice to Proceed with Construction. DBE may request a Notice to Proceed with Construction prior to completion of the 100% Construction Documents, and Agency may issue same, provided that DBE shall not construct any portion of the Project until the design of such portion has been approved. The Project Completion Date shall run from the Notice to Proceed with Constructi on even if issued prior to completion of the 100% Construction Documents. The Project C ompletion Date s hall be extended if the Agency exceeds the 21 days, on a day for day accrual basis. DBE shall not commence construction unless the Contract Price has been determined.

6. Agency’s Representative.

The Agency hereby designates Christopher Smethurst or his or her designee, as the person to act as its representative for the performance of this Contract (“Agency’s Representative”). The Agency’s Representative shall be authorized to act as liaison between Agency and the DBE in the administration of this Contract and all work on the Project. The Agency’s Representative shall have the power to act on behalf of the Agency for all purposes under this Contract, including for the purpose of approving the design. Agency may designate new and/or different individuals to act as Agency’s Representative from time to time upon written notice to the DBE.

7. DBE’s Representative.

The DBE hereby designates Erik Blum , or his or her designee, to act as its representative for the performance of this Contract (“DBE’s Representative”). DBE’s Representative shall have full authority to represent and act on behalf of the DBE for all purposes under this Contract. DBE’s Repre sentative shall supervise and direct all work on the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the work pursuant to this Contract.

8. DBE’s Contractor’s License and Registration.

The DBE shall have only appropriately licensed contractors performing work on the Project as required by the Business a nd Professions Code. The DBE ( License No. CA# 972201) shall act as the licensed contractor for the Project. DBE shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the DBE shall be fully responsible to the Agency for any damages and/or delays to the Project as specified in the Contract. The licensed contractor shall be registered with th e Department of Industrial Relations to perform public work (DIR Registration No. 1000010058).

9. DBE’s Design Professional.

The DBE shall name a specific person to act as the Design Professional as described in 33 16498.00170\41015756.1

5 the General Conditions, subject to the approva l of the Agency. The DBE hereby designates Doug Hu chteman (License No.: CA# A-38408) to act as the Design Professional for the Project. DBE’s Design Professional shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by profe ssionals qualified to perform such services in the same discipline in the State of California, and the DBE shall be fully responsible to the Agency for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the Design Professional shall be subject to the Agency’s prior written approval, which approval shall not be unreasonably withheld. The new Design Professional shall be of at least equal competence as the prior Design Professional. In the event that Agency and DBE cannot agree as to the substitution of a new Design Professional, the Agency shall be entitled to terminate this Contract as described in the General Conditions.

10. Authority of Signatories.

The persons executing this Contract on be half of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties.

[SIGNATURES ON NEXT PAGE]

34 16498.00170\41015756.1

6 SIGNATURE PAGE FOR DESIGN BUILD AGREEMENT

BETWEEN THE CITY OF FONTANA

AND PENTA BUILDING GROUP, LLC

IN WITNESS WHEREOF, the Parties hereto have executed this Design -Build Contract as of the date first written above.

CITY OF FONTANA
By:
[INSERT NAME]
[INSERT TITLE]

ATTEST:

By:
[INSERT NAME]

APPROVED AS TO FORM:

By:
[INSERT NAME]
[***INSERT NAME OF DBE***]

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:

____________________________________
Contractor’s License Number

____________________________________
DIR Registration Number

35 16498.00170\41015756.1

A1-1

ATTACHMENT 1

SCOPE OF SERVICES

36 16498.00170\41015756.1

A1-1-1

ATTACHMENT 1-1

PROPOSAL

37 38
39 40
41 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I B. TRANSMITTAL COVER LETTER
2 August 3, 2023
Phillip Burum, Christopher Smethurst, Gia Kim, Jeff Kim, Et Al.

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
RE: REQUEST FOR PROPOSAL RESPONSE FOR DESIGN-BUILD ENTITIES FOR CITY OF FONTANA CITY HALL RENOVATION PROJECT – PHASE I
Dear City of Fontana Selection Committee Members:

Thank you for providing the PENTA | Carrier Johnson + CULTURE team the opportunity to submit our response to the Request for Proposal for Design-Build Entities for the City Hall Renovation Project – Phase I solicitation. We are extremely excited at the opportunity to be part of such a significant project for the City of Fontana. Based on our firms’ experience on comparable Design- Build projects, we believe that our team is uniquely qualified in all aspects and details associated with this project and the program requirements. Building on the success our team has created together, we provide the City of Fontana a highly qualified and award winning Design-Build entity with a track record of success on previous projects together.

Since our formation in 2000, PENTA has put nearly $10 Billion of work in place with roughly 90% of this work being performed in a similar collaborative delivery method. It’s the type of work we’re good at and enjoy building. A testimony to our team’s ability to work openly with your construction team, City management staff, facilities personnel, and all project stakeholders is our company’s history of zero instances of formal dispute resolution with an Owner. Additionally, we’ve also never missed a contractual completion date in our company history. These stats highlight our collaborative company culture and guarantee the City of Fontana a path to success. We all know that no project is perfect, it’s how a team responds to challenges that makes a difference.

Included in this submission is our detailed response to your Request for Proposal, including our portfolio featuring numerous successful Design-Build projects under similar contract methods. Our team has spent a great deal of time and effort reviewing and understanding the requirements set forth in the Basis of Design documents and have a solid understanding of the program and project. We are confident we can deliver the exceptional design our team has crafted for this project within your stated $24 Million budget.

The staff members we have listed will be dedicated to your team through the entirety of the project lifecycle – starting at selection of our team and continuing through completion of the warranty period. This eliminates any hard hand-offs or potential loss of information or history on the project. Our team will successfully mitigate and eliminate impacts to both residents of the City of Fontana and existing staff members at the adjacent facilities. The detailed work and logistics plans we will create and update regularly will be great tools for communication outside of the construction team, and we will implement your feedback in our approach.

Our team has a deep knowledge of City jurisdictional approval processes, and the clear communication required to maintain a high level of service during the design and construction phases of a project. PENTA | Carrier Johnson confirms our intent to enter into an agreement with the City of Fontana upon selection of our team. The information included in this RFP is accurate as included.

Addendum 1 has been acknowledged and received as well as the requirement for Skilled Labor/Workforce and Prevailing Wage.

We look forward to the opportunity to work with your team to continue our strong working relationship. We invite you to contact us on our phone numbers listed below with any questions or comments.

Sincerely,
The PENTA Building Group
Paul Dutmer, Vice President, Southern California
213.444.3250
[email protected]
David Huchteman, Principal/Managing Director
213.878.0299
[email protected]
42 43
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I C. EXECUTIVE SUMMARY
3 It is with great excitement that we present this proposal to the City of Fontana for the consideration of the construction of the new City Hall Fire Administration and Annex building Renovation-Phase I. The PENTA Building Group and Carrier Johnson have partnered together, reviewed the provided RFP documents, and we are confident that we have captured the intent and design criteria and are pleased to provide the city with an incredible design and construction plan to deliver an exceptional project outcome.

The City of Fontana has outgrown the existing Fire
Administration building located at 17001 Upland Ave. Due to the lack of available space in the existing building, the City intends to contract a Design-Build team to design and construct a new modernized City Hall Annex building to
accommodate increased staffing and personnel growth.

The design of the new City Hall Fire and Annex building will allow for increased staffing, personnel, parking, and integrated KFON studio. This new building will provide modern amenities, aesthetics, utilitarian design, and enhancements. The City of Fontana has directed the Design-Build teams to be mindful of low cost of maintenance, life cycle costs, schedule, and a budget of $24 Million.

We have designed a facility that takes the RFP documents and develops that framework further into a facility that will be the new direction for the campus. We have created a
building that city staff will be proud to call home and happy to come to work in every day. While being aware of budgetary constraints, we have also pushed the limits of the budget to maximize the impact of those dollars. The design will use the big ticket materials in the public facing areas of the building while providing a pleasant staff experience within the rest of the building. We have been mindful of the neighborhood context and have ensured that any potential annoyances will not bleed out into the community.

The PENTA | Carrier Johnson Design-Build team has identified some areas of concern and have considered the impacts and risks with regard to the project such as schedule duration, neighboring area and resident impact, site safety and
protection of an operational Civic Center Campus, lead times of equipment and materials, and cost and budget impacts due to market volatility.

The PENTA | Carrier Johnson team have reviewed the AOCs/ Risks and developed solutions to each of these issues. We plan to utilize appropriate staffing, which includes Safety, QA/QC, Management personnel, and leadership. This will
allow the teams and stakeholders to push the schedule more aggressively and provide interaction and communication with residents and neighboring homes to alleviate complaints and concerns by the community.

By working closely with the City of Fontana stakeholders and management staff, we can get early releases on long-lead items to manage schedule impacts and delays, as well as avoid cost impacts and increases that may arise in the future during construction and procurement.

The PENTA | Carrier Johnson team has captured the needs of the City of Fontana and adhered to the program requirements set forth in the RFP. We propose a design that meets or exceeds the intent of the RFP. We have provided a solution that will be delivered within budget, ahead of schedule and performed in a professional and collaborative manner that will undoubtedly impress and please the City of Fontana personnel and community alike.
44 45
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I D. PROPOSED SCOPE OF SERVICES
4 The PENTA | Carrier Johnson Design-Build team is excited to present our comprehensive scope of services for the Fontana City Hall Annex project, meeting or exceeding the technical requirements detailed in Attachment 1 of the RFP. We are committed to providing a seamless and efficient process to deliver a fully functioning facility that complies with all applicable regulations and requirements of local, state, and federal agencies.

Architectural and Engineering Design Services: Carrier
Johnson, KPFF, and P2S will collaborate closely with PENTA and City stakeholders to develop a design that optimizes functionality and aesthetics.

Permitting Submittal and Approvals: We will diligently handle all City Construction and Building & Safety Permits, as well as facilitate plan preparation and approval. Additionally, we will meet compliance with Project Approval (Entitlement Process), WQMP, Landscape Ordinance, and other relevant regulations. We will coordinate and provide pertinent project information to the City’s Environmental Consulting Firm for CEQA Document Preparation.

Coordination of Payment of All Fees: This project will be exempt from all City Fees. Pass Thru and other Agency Fees will still be the responsibility of the our DB Team.

Project Management: Our team’s seasoned project managers, Andrew Karakkal (PENTA) and Steven Kiss (CJ+C) will oversee every aspect of the project’s execution, ensuring it progresses efficiently, on schedule, and within budget. We are committed to maintaining open communication channels with all
stakeholders throughout the process.

Construction and Utility Coordination: team, we will
seamlessly integrate the construction phase into the project’s timeline. Our team will manage all on-site grading and storm water compliance with environmental regulations.

Commissioning of Systems and Equipment: The successful
commissioning of systems and equipment is crucial to the project’s functionality and performance.

Coordination of Test and Inspection Services: we will
efficiently coordinate all other necessary tests and inspections with the City’s Geotechnical consultant as needed.

Community Meetings and Coordination: We recognize the
importance of community engagement and will actively
participate in community meetings (if required) to address concerns and gather valuable input. (1) meeting is assumed in our scope of work.

Insurance and Bonding: To safeguard the project and all stakeholders, our team will provide comprehensive insurance and bonding coverage.

Provision of Security Badges: We will take the necessary measures to ensure the safety and security of all personnel requiring site access.

Warranty: PENTA takes pride in our craftsmanship and will honor all warranties require in the RFP.
46 47

CITY OF FONTANA

REQUEST FOR PROPOSALS
FOR

DESIGN-BUILD ENTITIES

FOR THE
CITY HALL RENOVATION PROJECT – PHASE I
SQ-25-DE-23-01
Proposals must be received by the City of Fontana prior to 2:00 PM local time on June 29, 2023.

PROPOSAL MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable proposal.
www.fontanapurchasing.org

PENTA

BRYAN RICHARDS
Director of
Operations
PENTA

ERIK BLUM
Project Executive
PENTA

PAUL DUTMER
Vice President,
Southern California
PENTA – PROJECT SUPPORT STAFF
PENTA – KEY PERSONNEL

ASANTE MAXWELL
Senior Project
Engineer

LARRY DOCKINS
General
Superintendent

MICHAEL COX
Virtual Design &
Construction (VDC)
Manager

ELIAS BROOKS
Regional Safety
Director

LIDA HATOOMIAN
Project Accountant
ANDREW

KARAKKAL
Senior Project
Manager

BRANDON KISNER
QA/QC
Superintendent
Carrier Johnson + CULTURE

DAVID HUCHTEMAN
Principal/Managing
Director

STEVE KISS
Senior Project Manager

ALEX GUTIERREZ
Project Designer
KPFF – STRUCTURAL P2S, Inc. – MEP Coffman Engineers

WILLIAM H THORPE
Managing Principal/
Structural Engineer

MOLLY SKINNER
Associate/Structural
Engineer

IVAN THOMAS
Principal, Senior
Mechanical Engineer

ROLANDO DOMINGO
Senior Plumbing Engineer

JAGJIT SINGH
Principal, Senior Electrical
Engineer

STEVEN DANNAWAY
Principal, Fire Protection
Engineering

ZACK HAGAN
Senior
Preconstruction
Manager

MIN SUNG
Senior Interior
Designer

DAWN ZIMMER
Specification Writer
and QA/QC
KPFF – CIVIL/SURVEY

SHARAD GANJU
Principal-In-Charge/
Civil Engineer

VICKI PIAZZA
Project Architect

ERIC MARTINA
Project Designer

AMBER LAKE
Director of
Landscape Design
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I E. PERSONNEL
5 Please see our personnel resumes in our Section K Appendix. 48 49
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
6 ARCHITECTURAL BASIS OF DESIGN
The Fontana City Hall Annex Building will be more than an office building. It will be a place for City government and community interaction. Not only will city offices be consolidated from their current condition, but a strong relationship to the existing and future Civic Center buildings, surrounding neighborhood, and pedestrian axis to the Pacific Electric Trail, will be established, linking all City Annex and Civic Center not only to each other, but to the surrounding landscape and downtown Fontana district.

Project Design Description
A key planning concept will be the fluid integration of the building components to this pedestrian axis and how the entry sequence organizes the overall circulation of the building. As one initially approaches the Civic Center, the building will reveal itself with the main entry opening out along the Wheeler Avenue axis. One will be able to see
through a high-volume lobby the civic center and Pacific Electric Trail beyond.

The entry will be identified not only by its scale and building elements, but by the pedestrian flow around it. A second open air entry to a second floor terrace patio could be located to the east of the formal entry. This entry point would allow free passage for city staff to the departmental office via an exterior stair connected to the terrace bypassing the main public entrance and providing an outdoor connection.
50 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
7 This perpendicular axis connecting the primary (public) and secondary (staff) entrances provides an opportunity to organize the form and interior layout of the building while magnifying the unique environmental qualities that the City of Fontana affords. Shade and shadow will be choreographed.

Views to, from, and through the buildings – using sunlight during the day and carefully placed artificial lighting at night – will create a variety of experiences.

INTERIOR DESIGN CONCEPT
The interior design concepts will also reinforce the underlying goals and aspirations of the City of Fontana. Because the City aims to provide outstanding services to support the community, create a statement of civic and community
pride and make government open, inviting and transparent, the architectural vocabulary and landscape design can
seamlessly flow into the building spaces to create a cohesive whole.

The City Hall Annex will also consolidate several City services and departments into one building and can potentially
aid both citizens and City staff in quickly and efficiently conducting their business with the city.

The area receiving the most public visitors is visually connected to the public lobby for ease of way finding. A public counter on the second floor would open directly to the lobby and be set up to offer a ‘concierge’ approach to helping the public. Anyone seated at this desk will be able to start the process of helping visitors, signaling the next appropriate official to help complete the process. Public access beyond this point will be limited and controlled by card key access.

Office spaces will be planned to keep low workstations on the north side of the building providing access to light and views toward the mountains for City staff with the use of storefront glazing.

Project Design Description
See Appendix, Schematic Drawings, for 2nd Floor Plan Office Layout (Preliminary Test Fit) 51 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
8 Project Design Description
More closed private office spaces can be located on the south side of the building with shaded horizontal punched windows and utilize side lights and glass sliding doors to allow for the transfer of light to the interior area. Additional sun shading devices will be explored on the west and east facades to further minimize solar heat gain. Varied ceilings heights, natural day lighting, indirect fluorescent, and accent lighting can provide a glare free work environment. Amenity spaces such as the lunch area could have access to the outdoors via the patio terraces and direct access to the staff entrance.

Integrating elements from the surrounding environment, such as mountains, roads, and vegetation, can create a harmonious and natural atmosphere within the interior space. The thoughtful integration of private and public spaces in a cohesive manner adds functionality and balance. Using City and Departmental branding identity colors as accents can help reinforce the overall design concept and create a unique and memorable experience.

PROPOSED FINISHES AND MATERIAL SELECTIONS
We understand that the key priorities for the success of the Fontana City Hall Annex will be delivering the project under budget and on schedule, while achieving design excellence with an efficient building layout that maximizes parking and meets or exceeds the preliminary program. In order to achieve these critical success factors our team will produce an “a la carte” menu of options, including both enhancements and value engineering that provide flexibility while maintaining the City’s goals, program, and performance requirements.
52 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
9 OVERALL MANAGEMENT PLAN
As experts in the Design-Build delivery method, our team understands that developing an integrated management team structure is fundamental to the successful delivery of your project. The key personnel will work closely with each other to deliver the project, and together, they will form the Design-Build Coordination Management (DBCM) unit. This unit is responsible for ensuring seamless integration in all phases of the project.

Collectively, the DBCM unit is responsible for:
• Communication flow between the design and construction teams. DBCM staff will ensure that all communications and documentation are properly addressed to the appropriate party and that all responses are received in the required time frame to avoid delays that may impact the production of any of the disciplines.
• The unit is responsible to ensure you, as the Owner, is continually updated regarding all planned construction
activities and surrounding issues.
• Coordination with the Operations and Maintenance (O&M) team. We will ensure long-term O&M objectives are at the forefront of design choices.
• Third-party and stakeholder coordination. Spanning all phases of the project, DBCM staff will be responsible for ensuring that the appropriate team members, third parties, and stakeholders are involved in discussions, decision- making, and action plans as needed.
• Utility coordination. Throughout the project, the DBCM unit, through MEP Manager, will be responsible for
coordinating with all the local utility owners, ensuring the appropriate team members and utility owners are involved in discussions, decisions, schedules, and plans.
• Permit coordination. A critical element for maintaining project schedule, the DBCM unit is responsible for ensuring all the required information and procedures for permit
processing (for both design and construction activities) are followed adequately, and that required permits are
submitted and obtained according to the project schedule.

Communication is not just essential among our own team, but also with all relevant stakeholders. Therefore, our team includes both a dedicated stakeholder coordinator and a utility coordinator. Their involvement in this project is detailed in the section discussing stakeholder involvement and integrating their input.

Integrated project office (IPO) for a collocated Design-Build team
As is the case with all true Design-Build efforts, the
establishment of an IPO is an essential step in the successful delivery of your project. Our IPO allows the team to co-llocate administration, design, and construction coordination activities.

In this way, we develop an environment that encourages the sharing of ideas, a quick response to design and construction method questions, and the ability to build project ownership among all our team members.

Specific advantages of this IPO approach include the following:
• Maximized staff interaction and integration
• Focused efforts from all team members on the project, without other interference
• Streamlined design submittal and review process with over- the-shoulder reviews and collaboration
• Expedited design updates and materials approval
• Seamless peer-to-peer communication
• Heightened sense of ownership and commitment to the
project
Design Review and Construction Oversight Process
Our design reviews will consist of:
• Internal design reviews at the IPO and otherwise as needed among the Design-Build team members
• External design reviews with your team, project stakeholders, and key permitting agencies such as City of Fontana
Department of Building and Safety/Fontana Water Co/SBFD The reviews will focus on the following items in order to maximize the quality of design and construction:
• Timely performance of design work
• Rapid and thoughtful response to Client’s design review comments
• Meet program and criteria, performance specifications, and other contract requirements
• Develop the design within the proposal parameters for cost • Eliminate gaps and maximize coordination between design and construction
• High quality construction in conformance with design
documents and design intent
Project Design Description
53 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
10 DESIGN MANAGEMENT PLAN
We believe there is tremendous overlap between the design process and the project delivery process. Our approach is based upon creating design documents that fully support integrating the two.

Key elements of our design process include:
• Establishing an understanding of the City of Fontana’s vision, expectations, and program requirements, then articulate and confirm
• Working with the City of Fontana’s team to agree on a design management plan with attention to assure expedited review and approval opportunities
• Confirming City of Fontana responsibilities
• Confirming A/E team responsibilities
• Confirming the schedule and schedule assumptions before design commences
• Confirming and documenting an agreement on the budget and budgetary assumptions before design commences
• Confirming the deliverables expected from all members of the A/E/C team
• Agreeing on the extent and methodology of user interaction • Managing the architectural production process
• Implementing a thorough design QA/QC process

CONSTRUCTION MANAGEMENT PLAN
Our approach to project construction is to ensure no item of work is isolated. As part of our approach, we promote and manage integration and coordination across all disciplines. Our organizational structure facilitates this by creating open lines of communication, providing clear roles and responsibilities for our personnel while allowing the flexibility required to manage and resolve challenges as they arise.

Tools and strategies used to manage the construction oversight process include:
• Design-Build coordination from project start
• Integrated project controls coordination
• Continuous construction planning
• Proactive safety approach
• Detailed Quality Assurance/Quality Control (QA/QC) Plan • Effective communication strategy
Our team will establish a strategic workflow that addresses how relevant information will be transmitted between individuals based on what is appropriate for them to review and not overwhelm people with unnecessary data “clutter.” This will help ensure all project team members focus on the issues that are relevant to them. The openness and transparency of the design process our Design-Build team proposes helps ensure a partnership with the City of Fontana and all project stakeholders will be a critical part of the decision-making process.

SUCCESSFUL COLLABORATION WITH STAKEHOLDERS
Techniques used to balance unique personalities
Carrier Johnson’s proposed Project Manager, Steven Kiss, is highly regarded for his effective project leadership through consensus building. His approach to decision-making involve the proactive involvement of the Owner, consultants, and user representatives in all phases of project development via project review committees, task forces, user group workshops, and consultant participation.

Ability to integrate with various user groups
Our City Hall Annex Design and Preconstruction team will work in concert departmental representatives from the City, community oversight committees, and governing agencies to develop a process to build consensus with management, staff, and members of the community. In this manner, we will lead a multi-level communication process that elicits ideas, opinions, and priorities from all stakeholders and educate them about the realistic necessities of budget, physical requirements, and funding mechanisms. With input from all stakeholders, PENTA | Carrier Johnson will work with City stakeholders to craft the final design.

Ability to produce and deliver within budget/schedule
To effectively execute the City Hall Annex project on time and within budget, our design and preconstruction team will rely on the following keys to our previous success:
• Clear definition of each project’s objectives upon kick-off • Hands-on, day-to-day participation of principals and key senior personnel
• Assignment of our most experienced and capable people to the most demanding projects
• Careful monitoring of output – with frequent and unrelenting Quality Control checks
• Delivering detailed design drawings that leave little to chance
Project Design Description
54 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
11 • Obtaining real bid numbers that keep the budget “in check” • Utilizing our Project Managers’ tried-and-true control mechanisms and reporting processes to ensure fulfillment of each project’s requirements

QA/QC PLAN FOR DESIGN AND CONSTRUCTION
QA/QC Approach – Pre-Construction
Quality control and interdisciplinary coordination is fundamental to the PENTA | Carrier Johnson approach to project design and delivery. We believe that quality begins by understanding that there must be an ongoing system of checks and balances.

A project cannot be left to its final days for evaluation of documentation quality. To that end, we conduct a series of in-house quality assurance checks, which are led by Dawn Zimmer, Carrier Johnson’s senior staff member dedicated full-time to ensuring the total quality of PENTA | Carrier Johnson plans and specifications in design, documents, and construction.

The steps we use to provide the highest level of Quality Control are:
• During early Design Development, the design team performs value engineering to ensure adherence to quality and budget goals
• At the Schematic Design milestone, we examine code
compliance issues, program adherence, and overall
functionality
• During Design Development, we conduct several consultant coordination team meetings to ensure adherence to physical space needs and constraints of infrastructure as well as to confirm compatibility between all systems
• At the end of Design Development, we review a check-set that emphasizes material-profiling construction concerns and systems coordination sections for floor and ceiling assemblies and shaft sizing
• At the fifty-percent Construction Document stage, we verify the complete scope is shown within the documents and
specifications
• Finally, ninety-five percent Construction Documentation resolves final detailing and coordination issues (including bidding issues such as alternates, allowances, and mock-ups) QA/QC Approach – Construction
Our QA/QC approach during the construction of the City Hall Annex building will include the project team’s development of Project Specific Quality Management Plan (PSQMP). Fully compliant with PENTA’s QC manual, the PSQMP will focus
specifically on visual and performance mock-ups, weather barrier systems, comprehensive mold mitigation plan, quality of workmanship in the field, specific warranty requirements, additional compliance requirements for products used, product substitutions, and their potential impact on life cycle costs.

QA/QC Approach – Post-Construction
• Review and sign-off on inspection requests prior to issuance to IOR
• Initiate mandatory site visits by manufacturers and regulatory agencies to verify completed work. For example, our
team will schedule an on-site inspection by the roofing manufacturer for compliance verification upon completion of roofing work
• Generate a list of correction items along with recommended corrective actions. Our team works hard to achieve a “Zero” item punch list from our clients. As part of working towards this goal, our rigorous in-house QA/QC program requires our on-site personnel to identify and mitigate corrections prior to punch list walks
• Review as-built drawings and model periodically with
subcontractors to ensure proper documentation of work in place
• Ensure the quality and completeness of all close-out
activities as they relate to the work of the contract including, but not limited to, final submittals, as-builts and coordination drawings, maintenance and operations manuals and training, attic stock and materials, and the like
• Perform a follow-up warranty walk with your team 11 months after substantial completion to ensure defective items are identified and corrected prior to the end of one-year warranty period

INTEGRATION AND COORDINATION OF DESIGN AND

CONSTRUCTION
Open and Transparent Process
Our team commits to a continuous level of communication to engage with you, our design consultants, and our trade partners.

Our success is demonstrated by our portfolio of completed projects. We strongly encourage full team engagement as part of our commitment to completing projects on time and within the agreed upon budget. This commitment is not a goal, but a critical component of our business plan.

Project Design Description
55 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
12 Our commitment to working with you starts on the first day of the project through the integration and immediate involvement of design and construction lead personnel. We provide a single point of contact who you will have from beginning of design through completion of the project. This single point of contact and continuity through all phases of the contract ensure consistent leadership who has a thorough understanding
and buy-in of the estimate, scope, schedule, and processes decided upon in the early stages.

As we work through the budgeting, procurement, and buy-out phases of the project, it will be a wholly open-book process to ensure a transparent process for your representatives. Our cost managers will keep you fully up to date with all cost matters and potential budget issues to ensure the smooth financial running of the project. Our Superintendent will work hand- in-hand with your team in the early stages of the project to conduct site investigations, prepare logistic plans, and engage in constructability reviews to ensure the smooth sequencing of the work.

As we transition into the construction phase of the project, we will engage in weekly OAC meetings with you and any other key stakeholders. Our team will work closely with you to ensure that all planned activities are clearly communicated in a timely manner. As we continue to build, we will also keep you fully apprised of any issues that may affect cost and/or schedule.

This will be an open and transparent process throughout. We believe this integrated approach to delivery of this project provides the best possible opportunity to deliver the project on time and on budget.

CITY OF FONTANA REVIEWS
To ensure our design complies with the building codes and planning requirements of the City of Fontana, the lead Project Architect of our Design-Build team will submit our plans to the Building and Safety Division for review by one of the City’s plan check engineers, prior to the issuance of a permit for construction. Initially, our design team will meet with the Building and Safety Division of the City of Fontana of Public Works to determine the reviews, approvals, and permits
required for the project. Since this project is a ground-up, Plan Check will be required.

The Plan Check process begins with an application and the submission of plans for review by the plan check engineer. Our Design-Build team fully understands the specific requirements not only for building Plan Check, but also for drainage and grading, electrical, mechanical, and plumbing.

Additionally, we fully understand LID will apply per Title 12 Environmental Protection for both drainage plans and drainage and grading plans. Our civil plans will show the required Best Management Practices (BMPs) and supporting documentation in order to meet this specific criterion for plan check and permit. The Plan Check Engineer will review the plans and specifications for compliance with the current Building code.

Upon sign-off by the Plan Check official, we will submit the application for an actual building permit. The City’s code official will review our plans to confirm compliance with local requirements, after which a permit will be issued. A building plan check engineer will review the plans for the proposed project to ensure compliance with the minimum building code criteria for fire, life and safety, architectural, and structural requirements. A building permit application, along with two sets of plans and other applicable reports/calculations, will be submitted to the City of Fontana, which has jurisdiction over our particular job-site for building plan check, drainage and grading plans, and fire department plan check.

Throughout the construction process, the City will also conduct on-site inspections to confirm that the work conforms to the permit criteria, local codes, and plans.

We are aware of the specific work times of the City of Fontana staff and personnel. We will make all inspection requests at least 24 hours in advance.

Our detailed construction schedule will have activities for City inspections. The City’s code official will provide documentation when construction is complete and code compliance is
confirmed. However, in instances where non-compliance
notices are issued by the official, we will formally track them on our NCR (Non-Conformance Requirements) log. Our
construction team will be proactive in addressing these items immediately and scheduling follow-up inspections for final sign-offs.

Our success in the areas of permitting and inspections
on all our projects is based on the relationships we build with the building officials during the process. Most of our Superintendents have developed personal relationships
with inspectors to the extent the inspectors occasionally sign inspection cards prior to verifying the in-place construction details.

Project Design Description
56 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
13 This trust-based relationship not only removes uncertainties in the inspection process, but also enhances the level of commitment from all trade partners/subcontractors. Our goal for this new ground up project is to develop these relationships early on with City of Fontana’s Department of Building and Safety’s office. We have found that meeting early and often with any AHJ’s helps to improve communication, clearly define expectations, and builds strong relationships throughout the duration of the project.

JURISDICTIONAL APPROVALS
Based on our Design-Build team’s expertise in similar product types and familiarity with jurisdictional approvals, we will allocate appropriate time frames for the approval process at every step. Starting with submitting plans and completing a permit application at the City of Fontana, we will look into any additional approvals that may be required from Planning, Fire, Public Works, Transportation, Housing, Cultural Affairs, Health, AQMD, FUSD, Oil and Gas, and Cal OSHA. We will also submit the name of our proposed construction waste hauler, if required, for the issuance of permit.

After plans are approved and a permit is issued, we will begin construction during which time inspection requests will be submitted by our field team. We are aware of all the different types of inspections that will be required for this project and will ensure inspections are done on relevant construction before any work is covered or concealed. Our field construction team will record all inspections on the building card upon presenting plans for each inspection. When final inspection is performed, and a Certificate of Occupancy is issued, we will retain the Certificate of Occupancy and building card for project records.

Project Design Description
57 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
FONTANA CITY HALL ANNEXFONTANA CITY HALL ANNEX 444 420 03-Aug-23 A07-May-25 PRECONSTRUCTIONPRECONSTRUCTION 444 420 03-Aug-23 A07-May-25 RFP SUMITTAL, REVIEW & AWARDRFP SUMITTAL, REVIEW & AWARD 444 420 03-Aug-23 A07-May-25 PRE 1000 DESIGN BUILD SUBMISSION - PENTA / CARRIER JOHNSON0 0 03-Aug-23 A PRE 1010 FONTANA REVIEW SUBMISSION 33 9 03-Aug-23 A19-Sep-23 PRE 1040 CITY COUNCIL APPROVAL 1 1 26-Sep-23*26-Sep-23
PRE 1030 AWARD OF CONTRACT 13 13 27-Sep-23 13-Oct-23
PRE 1050 NOTICE TO PROCEED 0 0 16-Oct-23
PRE 1090 EARLY DEMOLITION PERMIT 20 20 16-Oct-23 13-Nov-23 PRE 1080 CONSTRUCTION DURATION 323 323 14-Nov-2326-Feb-25 PRE 1100 EARLY GRADING PERMIT 20 20 14-Nov-2313-Dec-23
PRE 1110 EARLY STRUCTURAL PACKAGE 20 20 14-Dec-23 12-Jan-24 PRE 1070 SUBSTANTIAL COMPLETION 0 0 26-Feb-25
PRE 1060 PROJECT FINAL 0 0 07-May-25
DESIGNDESIGN 140 140 27-Sep-23 17-Apr-24
DES1050 SD DESIGN DEVELOPMENT 100% 15 15 27-Sep-23 17-Oct-23 DES1110 TOPO/DESIGN SITE SURVEY 15 15 27-Sep-23 17-Oct-23 DES1060 SD DESIGN DEVELOPMENT 100% - FONTANA REVIEW & APPROVAL5 5 18-Oct-23 24-Oct-23 DES1070 DD DESIGN DEVELOPMENT 100% 25 25 25-Oct-23 01-Dec-23 DES1080 DD DESIGN DEVELOPMENT 100 - FONTANA REVIEW & APPROVAL5 5 04-Dec-2308-Dec-23 DES1000 CONSTRUCTION DOCUMENTS 50% 25 25 11-Dec-23 16-Jan-24 DES1010 CONSTRUCTION DOCUMENTS 50% - FONTANA REVIEW & APPROVAL5 5 17-Jan-24 23-Jan-24 DES1020 CONSTRUCTION DOCUMENTS - 100% 10 10 24-Jan-24 06-Feb-24 DES1040 FONTANA B&S PLAN CHECK - 100% CDS 20 20 07-Feb-24 06-Mar-24 DES1100 A/E PICK UP AGENCY REVIEW COMMENTS10 10 07-Mar-24 20-Mar-24 DES1030 BACK CHECK AGENCY REVIEW #01 15 15 21-Mar-24 10-Apr-24 DES1090 CONSTRUCTION DOCUMENTS - PERMIT ISSUED5 5 11-Apr-24 17-Apr-24 SUBCONTRACTOR BID & AWARDSUBCONTRACTOR BID & AWARD 132 132 16-Oct-23 24-Apr-24 SUBC 1 - 1010 EARLY BID PACKAGE BID & AWARD - DEMO / GRADING / UTILITIES / STRUCTURAL - 110 10 16-Oct-23 27-Oct-23 SUBC 1 - 1000 SUBCONTRACTOR BID & AWARD - BID PACKAGE 215 15 24-Jan-24 13-Feb-24 SUBC 2 - 1010 SUBCONTRACTOR BID & AWARD - BID PACKAGE 315 15 14-Feb-24 06-Mar-24 SUBC 3 - 1020 SUBCONTRACTOR BID & AWARD - BID PACKAGE 415 15 07-Mar-24 27-Mar-24 SUBCONTRACTOR BUYOUTSUBCONTRACTOR BUYOUT 50 50 14-Feb-24 24-Apr-24 BUY 1010 ELECTRICAL & LOW-VOLTAGE 5 5 14-Feb-24 21-Feb-24 BUY 1020 HVAC & PLUMBING 5 5 14-Feb-24 21-Feb-24
BUY 1040 CONCRETE 5 5 14-Feb-24 21-Feb-24
BUY 1050 STRUCTURAL STEEL 5 5 14-Feb-24 21-Feb-24
BUY 1060 SITE UTILITES / EARTHWORK 5 5 14-Feb-24 21-Feb-24 BUY 1070 METAL DECKING 5 5 14-Feb-24 21-Feb-24
BUY 1120 SHEET METAL AND FLASHING 5 5 14-Feb-24 21-Feb-24 BUY 1250 ELEVATOR 5 5 14-Feb-24 21-Feb-24
BUY 1090 MASONARY 5 5 07-Mar-24 13-Mar-24
BUY 1130 ROOFING 5 5 07-Mar-24 13-Mar-24
BUY 1140 DOORS AND HARDWARE 5 5 07-Mar-24 13-Mar-24
BUY 1150 GLAZING 5 5 07-Mar-24 13-Mar-24
BUY 1190 CEMENT FIBER PANELS 5 5 07-Mar-24 13-Mar-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
07-May-25, FONTANA CITY HALL ANNEX
07-May-25, PRECONSTRUCTION
07-May-25, RFP SUMITTAL, REVIEW & AWARD

DESIGN BUILD SUBMISSION - PENTA / CARRIER JOHNSON

FONTANA REVIEW SUBMISSION

CITY COUNCIL APPROVAL

AWARD OF CONTRACT

NOTICE TO PROCEED

EARLY DEMOLITION PERMIT

CONSTRUCTION DURATION

EARLY GRADING PERMIT

EARLY STRUCTURAL PACKAGE

SUBSTANTIAL COMPLETION

PROJECT FINAL
17-Apr-24, DESIGN
SD DESIGN DEVELOPMENT 100%

TOPO/DESIGN SITE SURVEY
SD DESIGN DEVELOPMENT 100% - FONTANA REVIEW & APPROVAL DD DESIGN DEVELOPMENT 100%
DD DESIGN DEVELOPMENT 100 - FONTANA REVIEW & APPROVAL
CONSTRUCTION DOCUMENTS 50%
CONSTRUCTION DOCUMENTS 50% - FONTANA REVIEW & APPROVAL CONSTRUCTION DOCUMENTS - 100%
FONTANA B&S PLAN CHECK - 100% CDS

A/E PICK UP AGENCY REVIEW COMMENTS
BACK CHECK AGENCY REVIEW #01

CONSTRUCTION DOCUMENTS - PERMIT ISSUED
24-Apr-24, SUBCONTRACTOR BID & AWARD
EARLY BID PACKAGE BID & AWARD - DEMO / GRADING / UTILITIES / STRUCTURAL - 1 SUBCONTRACTOR BID & AWARD - BID PACKAGE 2
SUBCONTRACTOR BID & AWARD - BID PACKAGE 3
SUBCONTRACTOR BID & AWARD - BID PACKAGE 4
24-Apr-24, SUBCONTRACTOR BUYOUT

ELECTRICAL & LOW-VOLTAGE

HVAC & PLUMBING

CONCRETE

STRUCTURAL STEEL

SITE UTILITES / EARTHWORK

METAL DECKING

SHEET METAL AND FLASHING

ELEVATOR

MASONARY

ROOFING

DOORS AND HARDWARE

GLAZING

CEMENT FIBER PANELS

FONTANA CITY HALL ANNEX

Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 1 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
58 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
BUY 1220 ACOUSTIC TILE 5 5 07-Mar-24 13-Mar-24
BUY 1100 MILLWORK 5 5 14-Mar-24 20-Mar-24
BUY 1110 DRYWALL AND INSULATION 5 5 14-Mar-24 20-Mar-24 BUY 1160 SIGNAGE 5 5 14-Mar-24 20-Mar-24
BUY 1170 LANDSCAPING 5 5 21-Mar-24 27-Mar-24
BUY 1180 PAVEMENT MARKINGS 5 5 21-Mar-24 27-Mar-24
BUY 1260 SITE CONCRETE & PAVONG 5 5 28-Mar-24 03-Apr-24 BUY 1200 PAINT 5 5 11-Apr-24 17-Apr-24
BUY 1210 FLOORING 5 5 11-Apr-24 17-Apr-24
BUY 1230 TILING 5 5 11-Apr-24 17-Apr-24
BUY 1240 TOILET ACCESSORIES 5 5 18-Apr-24 24-Apr-24
PROCUREMENTPROCUREMENT 125 125 22-Feb-24 16-Aug-24
SUBMITTALSSUBMITTALS 50 50 22-Feb-2401-May-24
SUB 1000 CONCRETE & REBAR - EARLY RELEASE 10 10 22-Feb-24 06-Mar-24 SUB 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)20 20 22-Feb-24 20-Mar-24 SUB 1020 HVAC & PLUMBING - EARLY RELEASE 10 10 22-Feb-24 06-Mar-24 SUB 1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE10 10 22-Feb-24 06-Mar-24 SUB 1040 UNDERGROUND UTILITIES - EARLY RELEASE10 10 22-Feb-24 06-Mar-24 SUB 1080 SHEET METAL AND FLASHING 5 5 22-Feb-24 28-Feb-24 SUB 1160 ELEVATOR SHOP DRAWINGS 30 30 22-Feb-24 03-Apr-24 SUB 1270 METAL DECKING 15 15 22-Feb-24 13-Mar-24
SUB 1260 STRUCTURAL STEEL SHOP DRAWINGS 15 15 29-Feb-24 20-Mar-24 SUB 1090 MEMBRANE ROOFING 5 5 14-Mar-24 20-Mar-24
SUB 1100 DOORS & FRAMES 5 5 14-Mar-24 20-Mar-24
SUB 1110 GLAZING 20 20 14-Mar-24 10-Apr-24
SUB 1140 ACOUSTIC CEILINGS 5 5 14-Mar-24 20-Mar-24
SUB 1210 MASONARY 10 10 14-Mar-24 27-Mar-24
SUB 1050 SIGNAGE 20 20 21-Mar-24 17-Apr-24
SUB 1070 MILLWORK 20 20 21-Mar-24 17-Apr-24
SUB 1120 CEMENT FIBER PANELS & DRYWALL 15 15 21-Mar-24 10-Apr-24 SUB 1220 LANDSCAPING 10 10 28-Mar-24 10-Apr-24
SUB 1230 PAVEMENT MARKINGS 5 5 28-Mar-24 03-Apr-24
SUB 1200 SITE CONCRETE & PAVING 5 5 04-Apr-24 10-Apr-24 SUB 1130 TILE 5 5 18-Apr-24 24-Apr-24
SUB 1150 FLOORING 5 5 18-Apr-24 24-Apr-24
SUB 1240 PAINT 5 5 18-Apr-24 24-Apr-24
SUB 1250 TOILET ACCESSORIES 5 5 25-Apr-24 01-May-24
APPROVALSAPPROVALS 50 50 29-Feb-2408-May-24
APP 1080 SHEET METAL AND FLASHING 5 5 29-Feb-24 06-Mar-24 APP 1000 CONCRETE & REBAR - EARLY RELEASE 5 5 07-Mar-24 13-Mar-24 APP 1020 PLUMBING - EARLY RELEASE 5 5 07-Mar-24 13-Mar-24 APP 1040 UNDERGROUND UTILITIES - EARLY RELEASE5 5 07-Mar-24 13-Mar-24 APP 1180 HVAC 5 5 07-Mar-24 13-Mar-24
APP1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE5 5 07-Mar-24 13-Mar-24 APP 1260 METAL DECKING SHOP DRAWINGS 5 5 14-Mar-24 20-Mar-24 APP 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLT/TEMPLATES)5 5 21-Mar-24 27-Mar-24 APP 1090 MEMBRANE ROOFING 5 5 21-Mar-24 27-Mar-24
APP 1100 DOORS & FRAMES 5 5 21-Mar-24 27-Mar-24
APP 1140 ACOUSTIC CEILINGS 5 5 21-Mar-24 27-Mar-24
APP 1250 STRUCTURAL STEEL SHOP DRAWINGS 5 5 21-Mar-24 27-Mar-24 APP 1220 MASONARY 5 5 28-Mar-24 03-Apr-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

ACOUSTIC TILE

MILLWORK

DRYWALL AND INSULATION

SIGNAGE

LANDSCAPING

PAVEMENT MARKINGS

SITE CONCRETE & PAVONG
PAINT

FLOORING
TILING

TOILET ACCESSORIES
16-Aug-24, PROCUREMENT
01-May-24, SUBMITTALS

CONCRETE & REBAR - EARLY RELEASE

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)

HVAC & PLUMBING - EARLY RELEASE

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE

SHEET METAL AND FLASHING

ELEVATOR SHOP DRAWINGS

METAL DECKING

STRUCTURAL STEEL SHOP DRAWINGS

MEMBRANE ROOFING

DOORS & FRAMES

GLAZING

ACOUSTIC CEILINGS

MASONARY

SIGNAGE

MILLWORK

CEMENT FIBER PANELS & DRYWALL

LANDSCAPING

PAVEMENT MARKINGS

SITE CONCRETE & PAVING
TILE

FLOORING
PAINT

TOILET ACCESSORIES
08-May-24, APPROVALS

SHEET METAL AND FLASHING

CONCRETE & REBAR - EARLY RELEASE

PLUMBING - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE
HVAC

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

METAL DECKING SHOP DRAWINGS

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLT/TEMPLATES)

MEMBRANE ROOFING

DOORS & FRAMES

ACOUSTIC CEILINGS

STRUCTURAL STEEL SHOP DRAWINGS

MASONARY
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 2 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
59 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
APP 1240 PAVEMENT MARKINGS 5 5 04-Apr-24 10-Apr-24
APP 1270 ELEVATOR APPROVALS 5 5 04-Apr-24 10-Apr-24
APP 1060 METAL FRAMING 5 5 11-Apr-24 17-Apr-24
APP 1110 GLAZING 5 5 11-Apr-24 17-Apr-24
APP 1120 CEMENT FIBER PANELS & DRYWALL 5 5 11-Apr-24 17-Apr-24 APP 1200 SITE CONCRETE & PAVING 5 5 11-Apr-24 17-Apr-24 APP 1230 LANDSCAPING 5 5 11-Apr-24 17-Apr-24
APP 1070 MILLWORK 5 5 18-Apr-24 24-Apr-24
APP 1190 FIRE LIFE SAFETY 5 5 18-Apr-24 24-Apr-24
APP 1210 SIGNAGE 5 5 18-Apr-24 24-Apr-24
APP 1130 TILE 5 5 25-Apr-24 01-May-24
APP 1150 FLOORING 5 5 25-Apr-24 01-May-24
APP 1050 TOILET ACCESSORIES 5 5 02-May-2408-May-24
APP 1160 PAINT 5 5 02-May-2408-May-24
FABRICA TION & LEAD TIMEFABRICA TION & LEAD TIME 115 115 07-Mar-24 16-Aug-24 PROC 1080 SHEET METAL AND FLASHING 20 20 07-Mar-24 03-Apr-24 PROC 1000 CONCRETE & REBAR - EARLY RELEASE 10 10 14-Mar-24 27-Mar-24 PROC 1020 PLUMBING - EARLY RELEASE 30 30 14-Mar-24 24-Apr-24 PROC 1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE45 45 14-Mar-2415-May-24 PROC 1040 UNDERGROUND UTILITIES - EARLY RELEASE20 20 14-Mar-24 10-Apr-24 PROC 1180 HVAC 45 45 14-Mar-2415-May-24
PROC 1260 METAL DECK 30 30 21-Mar-2401-May-24
PROC 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)30 30 28-Mar-2408-May-24 PROC 1090 MEMBRANE ROOFING 20 20 28-Mar-24 24-Apr-24
PROC 1100 DOORS & FRAMES 30 30 28-Mar-2408-May-24
PROC 1140 ACOUSTIC CEILINGS 20 20 28-Mar-24 24-Apr-24
PROC 1250 STRUCTURAL STEEL COLUMNS AND BEAMS25 25 28-Mar-2401-May-24 PROC 1230 MASONARY 15 15 04-Apr-24 24-Apr-24
PROC 1240 PAVEMENT MARKINGS 5 5 11-Apr-24 17-Apr-24
PROC 1270 ELEVATOR PROCUREMENT 90 90 11-Apr-24 16-Aug-24 PROC 1050 LANDSCAPING 30 30 18-Apr-24 30-May-24
PROC 1060 METAL FRAMING 10 10 18-Apr-24 01-May-24
PROC 1110 GLAZING/CEMENT FIBER PANELS 30 30 18-Apr-24 30-May-24 PROC 1120 DRYWALL 15 15 18-Apr-24 08-May-24
PROC 1200 SITE CONCRETE 20 20 18-Apr-24 15-May-24
PROC 1070 MILLWORK 20 20 25-Apr-24 22-May-24
PROC 1190 FIRE LIFE SAFETY 20 20 25-Apr-24 22-May-24
PROC 1220 SIGNAGE 15 15 25-Apr-24 15-May-24
PROC 1130 TILE 20 20 02-May-2430-May-24
PROC 1150 FLOORING 20 20 02-May-2430-May-24
PROC 1160 PAINT 10 10 09-May-2422-May-24
PROC 1210 TOILET ACCESSORIES 10 10 09-May-2422-May-24
CONSTRUCTIONCONSTRUCTION 373 373 14-Nov-2307-May-25
SHELL & CORESHELL & CORE 196 196 14-Nov-2322-Aug-24
MOBILIZA TIONMOBILIZA TION 10 10 14-Nov-2329-Nov-23
S1000 MOBILIZATION 5 5 14-Nov-2320-Nov-23
S1010 SITE FENCING & SWPP 5 5 21-Nov-2329-Nov-23
S1020 UNDERGROUND UTILITY INVESTIGATION 5 5 21-Nov-2329-Nov-23 SITE DEMO & GRADINGSITE DEMO & GRADING 23 23 30-Nov-23 03-Jan-24 S1025 ROUGH SURVEY 3 3 30-Nov-2304-Dec-23
S1030 SITE DEMOLITION 10 10 30-Nov-2313-Dec-23
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PAVEMENT MARKINGS

ELEVATOR APPROVALS

METAL FRAMING

GLAZING

CEMENT FIBER PANELS & DRYWALL

SITE CONCRETE & PAVING

LANDSCAPING

MILLWORK

FIRE LIFE SAFETY

SIGNAGE
TILE

FLOORING

TOILET ACCESSORIES
PAINT
16-Aug-24, FABRICATION & LEAD TIME

SHEET METAL AND FLASHING

CONCRETE & REBAR - EARLY RELEASE

PLUMBING - EARLY RELEASE

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE
HVAC

METAL DECK

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)

MEMBRANE ROOFING

DOORS & FRAMES

ACOUSTIC CEILINGS

STRUCTURAL STEEL COLUMNS AND BEAMS

MASONARY

PAVEMENT MARKINGS

ELEVATOR PROCUREMENT

LANDSCAPING

METAL FRAMING

GLAZING/CEMENT FIBER PANELS

DRYWALL

SITE CONCRETE

MILLWORK

FIRE LIFE SAFETY

SIGNAGE
TILE

FLOORING
PAINT

TOILET ACCESSORIES
07-May-25, CONSTRUCTION
22-Aug-24, SHELL & CORE
29-Nov-23, MOBILIZATION

MOBILIZATION

SITE FENCING & SWPP

UNDERGROUND UTILITY INVESTIGATION
03-Jan-24, SITE DEMO & GRADING

ROUGH SURVEY

SITE DEMOLITION
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 3 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
60 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
S1040 PRE-GRADING MEETING 1 1 13-Dec-2313-Dec-23
S1050 OVER EXCAVATION & RECOMPACTION/ FINE GRADE10 10 14-Dec-2328-Dec-23 S1070 PAD CERTIFICATION 1 1 28-Dec-2328-Dec-23
S1680 BUILDING CORNER SURVEY 5 5 28-Dec-23 03-Jan-24
UNDERGROUND MEPSUNDERGROUND MEPS 13 13 29-Dec-23 17-Jan-24 S1100 BELOW SLAB ELECTRICAL LAYOUT 4 4 29-Dec-23 04-Jan-24 S1110 UNDERSLAB SS LAYOUT 1 1 04-Jan-24 04-Jan-24
S1080 LAYOUT FOR ELECTRICAL ROOM 1 1 04-Jan-24 05-Jan-24 S1090 LAYOUT FOR SERVER ROOM 1 1 08-Jan-24 08-Jan-24
S1140 EXCAVATE/INSTALL TELECOMM CONDUIT 4 4 09-Jan-24 12-Jan-24 S1130 EXCAVATE/INSTALL ELECTRICAL CONDUIT3 3 15-Jan-24 17-Jan-24 FOUNDA TION & SLAB ON GRADEFOUNDA TION & SLAB ON GRADE 71 71 17-Jan-24 26-Apr-24 S1170 EXCAVATE FOUNDATIONS 10 10 17-Jan-24 31-Jan-24
S1520 UNDERSLAB SS PIPING INSTALL 10 10 18-Jan-24 31-Jan-24 S1250 UNDERSLAB PIPING PRESSURE TEST 2 2 30-Jan-24 31-Jan-24 S1200 FOOTING REINFORCING / INSPECTION / CONCRETE PLACEMENT15 15 01-Feb-24 22-Feb-24 S1320 BACKFILL TRENCHES 10 10 01-Feb-24 14-Feb-24
S1420 UNDERSLAB ELECTRICAL CONDUIT INSTALL8 8 16-Feb-24 28-Feb-24 S1180 BOLT TEMPLATES & INSPECTIONS 6 6 29-Feb-24 07-Mar-24 S1190 INSTALL SS SLEEVES 2 2 06-Mar-24 07-Mar-24
S1210 ANCHOR BOLT TEMPLATE SIGN OFF 1 1 08-Mar-24 08-Mar-24 S1220 POUR FOUNDATIONS 2 2 11-Mar-24 12-Mar-24
S1660 FOOTINGS TO 75% DESIGN STRENGTH - STEEL ERECTION15 15 12-Mar-24 27-Mar-24 S1240 GRADE & VAPOR BARRIER 10 10 13-Mar-24 26-Mar-24
S1260 FORM EDGE SLAB/BLOCKOUTS 6 6 19-Mar-24 26-Mar-24
S1270 FORM/POUR CURBS 6 6 27-Mar-24 03-Apr-24
S1280 SET MEP SLAB PENETRATIONS 4 4 27-Mar-24 01-Apr-24 S1290 REBAR & INSPECTIONS 8 8 28-Mar-24 08-Apr-24
S1230 UNDERSLAB SS PIPING EXCAVATE/INSTALL6 6 09-Apr-24 16-Apr-24 S1330 POUR SLAB ON GRADE 2 2 17-Apr-24 18-Apr-24
S1670 SAWCUT JOINTS 2 2 18-Apr-24 20-Apr-24
S1690 STRIP FORMS/CLEAN UP 6 6 19-Apr-24 26-Apr-24
BUILDING EXTERIOR & ROOFBUILDING EXTERIOR & ROOF 79 79 02-May-2422-Aug-24 S1300 DELIVERY OF STEEL 2 2 02-May-2403-May-24
S1340 SURVEY / LAYOUT GRIDLINES STRUCTURAL STEEL START4 4 06-May-2409-May-24 S1360 ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 115 15 10-May-2431-May-24 S1370 ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 2 / ROOF16 16 03-Jun-24 24-Jun-24 S1380 METAL DECK / CONCRETE LEVEL 1 5 5 25-Jun-24 01-Jul-24 S1480 LEVEL EQUIPMENT PADS 5 5 25-Jun-24 01-Jul-24
S1570 MEMBRANE ROOFING AND SHEET METAL 15 15 25-Jun-24 16-Jul-24 S1470 WALL FRAMING GROUND LEVEL 20 20 01-Jul-24 25-Jul-24 S1600 HVAC ROOF TOP UNITS 5 5 10-Jul-24 16-Jul-24
S1620 ROOF ELECTRICAL 5 5 17-Jul-24 23-Jul-24
S1500 WALL FRAMING LEVEL 2 20 20 26-Jul-24 22-Aug-24
EXTERIOR ENVELOPEEXTERIOR ENVELOPE 41 41 25-Jun-24 21-Aug-24 CURTAINWALL INSTALLATION NORTHCURTAINWALL INSTALLATION NORTH 34 34 25-Jun-24 12-Aug-24 CW - 1320 LAYOUT 2 2 25-Jun-24 26-Jun-24
CW - 1330 WELD CLIPS AT FLOORS 5 5 27-Jun-24 03-Jul-24
CW - 1340 CURTAINWALL/CEMENT PANEL FRAMING 10 10 05-Jul-24 18-Jul-24 CW - 1350 MEASURE FOR GLASS 2 2 19-Jul-24 22-Jul-24
CW - 1360 INSTALL GLASS/CEMENT PANEL 10 10 23-Jul-24 05-Aug-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PRE-GRADING MEETING

OVER EXCAVATION & RECOMPACTION/ FINE GRADE

PAD CERTIFICATION

BUILDING CORNER SURVEY
17-Jan-24, UNDERGROUND MEPS

BELOW SLAB ELECTRICAL LAYOUT

UNDERSLAB SS LAYOUT

LAYOUT FOR ELECTRICAL ROOM

LAYOUT FOR SERVER ROOM

EXCAVATE/INSTALL TELECOMM CONDUIT

EXCAVATE/INSTALL ELECTRICAL CONDUIT
26-Apr-24, FOUNDATION & SLAB ON GRADE

EXCAVATE FOUNDATIONS

UNDERSLAB SS PIPING INSTALL

UNDERSLAB PIPING PRESSURE TEST

FOOTING REINFORCING / INSPECTION / CONCRETE PLACEMENT

BACKFILL TRENCHES

UNDERSLAB ELECTRICAL CONDUIT INSTALL

BOLT TEMPLATES & INSPECTIONS

INSTALL SS SLEEVES

ANCHOR BOLT TEMPLATE SIGN OFF

POUR FOUNDATIONS
FOOTINGS TO 75% DESIGN STRENGTH - STEEL ERECTION

GRADE & VAPOR BARRIER

FORM EDGE SLAB/BLOCKOUTS

FORM/POUR CURBS

SET MEP SLAB PENETRATIONS

REBAR & INSPECTIONS

UNDERSLAB SS PIPING EXCAVATE/INSTALL

POUR SLAB ON GRADE

SAWCUT JOINTS

STRIP FORMS/CLEAN UP
22-Aug-24, BUILDING EXTERIOR & ROOF

DELIVERY OF STEEL

SURVEY / LAYOUT GRIDLINES STRUCTURAL STEEL START
ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 1
ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 2 / ROOF
METAL DECK / CONCRETE LEVEL 1

LEVEL EQUIPMENT PADS

MEMBRANE ROOFING AND SHEET METAL

WALL FRAMING GROUND LEVEL

HVAC ROOF TOP UNITS

ROOF ELECTRICAL
WALL FRAMING LEVEL 2
21-Aug-24, EXTERIOR ENVELOPE
12-Aug-24, CURTAINWALL INSTALLATION NORTH
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 4 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
61 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
CW - 1370 CAULK 5 5 06-Aug-2412-Aug-24
CURTAINWALL INSTALLATION SOUTHCURTAINWALL INSTALLATION SOUTH 34 34 05-Jul-24 21-Aug-24 CW - 1380 LAYOUT 2 2 05-Jul-24 08-Jul-24
CW - 1390 WELD CLIPS AT FLOORS 5 5 09-Jul-24 15-Jul-24
CW - 1400 CURTAINWALL/CEMENT PANEL FRAMING 10 10 16-Jul-24 29-Jul-24 CW - 1410 MEASURE FOR GLASS 2 2 30-Jul-24 31-Jul-24
CW - 1420 INSTALL GLASS/CEMENT PANEL 10 10 01-Aug-2414-Aug-24 CW - 1440 CAULK 5 5 15-Aug-2421-Aug-24
CURTAINWALL INSTALLATION EASTCURTAINWALL INSTALLATION EAST 19 19 16-Jul-24 09-Aug-24 CW - 3060 LAYOUT 2 2 16-Jul-24 17-Jul-24
CW - 3070 WELD CLIPS AT FLOORS 5 5 18-Jul-24 24-Jul-24
CW - 3080 CURTAINWALL/CEMENT PANEL FRAMING 10 10 25-Jul-24 07-Aug-24 CW - 3090 MEASURE FOR GLASS 2 2 25-Jul-24 26-Jul-24
CW - 3100 INSTALL GLASS/CEMENT PANEL 7 7 29-Jul-24 06-Aug-24 CW - 3120 CAULK 3 3 07-Aug-2409-Aug-24
CURTAINWALL INSTALLATION WESTCURTAINWALL INSTALLATION WEST 19 19 25-Jul-24 20-Aug-24 CW - 3130 LAYOUT 2 2 25-Jul-24 26-Jul-24
CW - 3140 WELD CLIPS AT FLOORS 5 5 29-Jul-24 02-Aug-24
CW - 3150 CURTAINWALL/CEMENT PANEL FRAMING 10 10 05-Aug-2416-Aug-24 CW - 3160 MEASURE FOR GLASS 2 2 05-Aug-2406-Aug-24
CW - 3170 INSTALL GLASS/CEMENT PANEL 7 7 07-Aug-2415-Aug-24 CW - 3180 CAULK 3 3 16-Aug-2420-Aug-24
INTERIORSINTERIORS 87 87 26-Jul-24 27-Nov-24
ROUGH IN OVEREAD GROUND LEVELROUGH IN OVEREAD GROUND LEVEL 14 14 26-Jul-24 14-Aug-24 B1030 HVAC ROUGH OVERHEAD 10 10 26-Jul-24 08-Aug-24
B1040 PLUMBING ROUGH OVERHEAD 10 10 26-Jul-24 08-Aug-24 B1050 ELECTRICAL ROUGH OVERHEAD 10 10 01-Aug-2414-Aug-24 B1060 FIRE LIFE SAFETY ROUGH OVERHEAD 10 10 01-Aug-2414-Aug-24 B1100 PLUMBING ROUGH INSPECTION 1 1 08-Aug-2408-Aug-24
B1110 HVAC ROUGH INSPECTION 1 1 08-Aug-2408-Aug-24
B1090 ELECTRICAL ROUGH INSPECTION 1 1 14-Aug-2414-Aug-24 B1120 FIRE LIFE SAFETY INSPECTION 1 1 14-Aug-2414-Aug-24 INTERIOR BUILD OUT GROUND LEVELINTERIOR BUILD OUT GROUND LEVEL 33 33 09-Aug-2425-Sep-24 INTLV1-1000 INSTALL HM DOOR FRAMES 5 5 09-Aug-2415-Aug-24 INTLV1-1020 IN-WALL INSULATION 5 5 13-Aug-2419-Aug-24
INTLV1-1040 DRYWALL 6 6 16-Aug-2423-Aug-24
INTLV1-1050 DRYWALL WALLS TAPING 8 8 21-Aug-2430-Aug-24 INTLV1-1060 PRIME AND 1ST COAT PAINT 6 6 29-Aug-2405-Sep-24 INTLV1-1070 INSTALL GLASS TRACK 2 2 03-Sep-2404-Sep-24
INTLV1-1080 INSTALL DOORS AND HARDWARE 4 4 05-Sep-2410-Sep-24 INTLV1-1090 INSTALL GLASS IN FRAMES 3 3 05-Sep-2409-Sep-24 INTLV1-1100 INSTALL SIGNAGE 2 2 05-Sep-2406-Sep-24
INTLV1-1110 FINISH TRIM FOR LIGHTING 4 4 06-Sep-2411-Sep-24 INTLV1-1120 INSTALL CEILING GRID 5 5 06-Sep-2412-Sep-24 INTLV1-1130 INSTALL GRILLES IN HARDLID 3 3 06-Sep-2410-Sep-24 INTLV1-1180 INSTALL LIGHT FIXTURES 5 5 10-Sep-2416-Sep-24 INTLV1-1190 INSTALL HVAC FIXTURES 5 5 10-Sep-2416-Sep-24 INTLV1-1200 INSTALL LOW VOLTAGE/SMOKE ALARMS 5 5 10-Sep-2416-Sep-24 INTLV1-1210 ELECTRICAL IN ACT CEILING 5 5 11-Sep-2417-Sep-24 INTLV1-1220 MILLWORK INSTALLATION 6 6 12-Sep-2419-Sep-24 INTLV1-1030 HVAC IN ACT CEILING 3 3 13-Sep-2417-Sep-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
CAULK
21-Aug-24, CURTAINWALL INSTALLATION SOUTH
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
09-Aug-24, CURTAINWALL INSTALLATION EAST
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
20-Aug-24, CURTAINWALL INSTALLATION WEST
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
27-Nov-24, INTERIORS
14-Aug-24, ROUGH IN OVEREAD GROUND LEVEL

HVAC ROUGH OVERHEAD

PLUMBING ROUGH OVERHEAD

ELECTRICAL ROUGH OVERHEAD

FIRE LIFE SAFETY ROUGH OVERHEAD

PLUMBING ROUGH INSPECTION

HVAC ROUGH INSPECTION

ELECTRICAL ROUGH INSPECTION

FIRE LIFE SAFETY INSPECTION
25-Sep-24, INTERIOR BUILD OUT GROUND LEVEL

INSTALL HM DOOR FRAMES

IN-WALL INSULATION

DRYWALL

DRYWALL WALLS TAPING
PRIME AND 1ST COAT PAINT

INSTALL GLASS TRACK

INSTALL DOORS AND HARDWARE

INSTALL GLASS IN FRAMES

INSTALL SIGNAGE

FINISH TRIM FOR LIGHTING

INSTALL CEILING GRID

INSTALL GRILLES IN HARDLID

INSTALL LIGHT FIXTURES

INSTALL HVAC FIXTURES

INSTALL LOW VOLTAGE/SMOKE ALARMS

ELECTRICAL IN ACT CEILING

MILLWORK INSTALLATION

HVAC IN ACT CEILING
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 5 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
62 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INTLV1-1240 CEILING GRID INSPECTION 1 1 17-Sep-2417-Sep-24 INTLV1-1250 INSPECT MEPS ABOVE CEILING LINE 1 1 17-Sep-2417-Sep-24 INTLV1-1260 CARPET, LVT & BASE INSTALL 5 5 18-Sep-2424-Sep-24 INTLV1-1270 INSTALL COUNTERTOPS 1 1 20-Sep-2420-Sep-24
INTLV1-1280 PAINT FINAL COATS 3 3 23-Sep-2425-Sep-24
INTVL1-1290 FLUSH PLUMBING TRIM 1 1 23-Sep-2423-Sep-24
INTLV1-1300 INSTALL APPLIANCES 1 1 25-Sep-2425-Sep-24
RESTROOMS GROUND LEVELRESTROOMS GROUND LEVEL 33 33 03-Sep-24 17-Oct-24 B1560 DRYWALL 5 5 03-Sep-2409-Sep-24
B1570 MUD AND TAPE 5 5 10-Sep-2416-Sep-24
B1580 PRIME AND 1ST COAT 3 3 17-Sep-2419-Sep-24
B1590 WATERPROOFING 2 2 20-Sep-2423-Sep-24
B1600 FLOAT AND SET TILE IN RESTROOM 5 5 24-Sep-2430-Sep-24 B1650 WATERPROOFING FLOOD TEST 5 5 27-Sep-24 03-Oct-24
B1620 INSTALL SINKS 2 2 01-Oct-24 02-Oct-24
B1630 INSTALL TOILETS 2 2 01-Oct-24 02-Oct-24
B1660 FLOAT AND SET TILE ON WALLS 5 5 04-Oct-24 10-Oct-24 B1610 INSTALL ACCESSORIES 3 3 11-Oct-24 15-Oct-24
B1640 FINAL PAINT 2 2 16-Oct-24 17-Oct-24
ROUGH IN OVEREAD LEVEL 2ROUGH IN OVEREAD LEVEL 2 15 15 23-Aug-2413-Sep-24 B1480 HVAC ROUGH OVERHEAD 10 10 23-Aug-2406-Sep-24
B1490 PLUMBING ROUGH OVERHEAD 10 10 23-Aug-2406-Sep-24
B1500 ELECTRICAL ROUGH OVERHEAD 10 10 30-Aug-2413-Sep-24 B1510 FIRE LIFE SAFETY ROUGH OVERHEAD 10 10 30-Aug-2413-Sep-24 B1530 PLUMBING ROUGH INSPECTION 1 1 06-Sep-2406-Sep-24
B1540 HVAC ROUGH INSPECTION 1 1 06-Sep-2406-Sep-24
B1520 ELECTRICAL ROUGH INSPECTION 1 1 13-Sep-2413-Sep-24 B1550 FIRE LIFE SAFETY INSPECTION 1 1 13-Sep-2413-Sep-24 INTERIOR BUILD OUT LEVEL 2INTERIOR BUILD OUT LEVEL 2 36 36 09-Sep-24 28-Oct-24 INTLV2 -1000 INSTALL HM DOOR FRAMES 5 5 09-Sep-2413-Sep-24 INTLV2 - 1020 IN-WALL INSULATION 4 4 11-Sep-2416-Sep-24 INTLV2 - 1040 DRYWALL 6 6 17-Sep-2424-Sep-24
INTLV2 - 1050 DRYWALL WALLS TAPING 8 8 20-Sep-24 01-Oct-24 INTLV2 - 1060 PRIME AND 1ST COAT PAINT 6 6 30-Sep-24 05-Oct-24 INTLV2 - 1070 INSTALL GLASS TRACK 2 2 02-Oct-24 03-Oct-24 INTLV2 - 1080 INSTALL DOORS AND HARDWARE 5 5 04-Oct-24 10-Oct-24 INTLV2 - 1090 INSTALL GLASS IN FRAMES 3 3 04-Oct-24 08-Oct-24 INTLV2 - 1100 INSTALL SIGNAGE 2 2 04-Oct-24 07-Oct-24
INTLV2 - 1110 FINISH TRIM FOR LIGHTING 4 4 07-Oct-24 10-Oct-24 INTLV2 - 1120 INSTALL CEILING GRID 5 5 07-Oct-24 11-Oct-24 INTLV2 - 1130 INSTALL GRILLES IN HARDLID 3 3 07-Oct-24 09-Oct-24 INTLV2 - 1180 INSTALL LIGHT FIXTURES 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1190 INSTALL HVAC FIXTURES 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1200 INSTALL LOW VOLTAGE/SMOKE ALARMS 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1140 HVAC FINISH 3 3 10-Oct-24 14-Oct-24
INTLV2 - 1150 ELECTRICAL FINISH 3 3 10-Oct-24 14-Oct-24 INTLV2 - 1160 FIRE LIFE SAFETY FINISH 3 3 10-Oct-24 14-Oct-24 INTLV2 - 1210 ELECTRICAL IN ACT CEILING 5 5 10-Oct-24 16-Oct-24 INTLV2 - 1220 MILLWORK INSTALLATION 6 6 11-Oct-24 18-Oct-24 INTLV2 - 1030 HVAC IN ACT CEILING 3 3 14-Oct-24 16-Oct-24 INTLV2 - 1230 CEILING TILES 2 2 15-Oct-24 16-Oct-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

CEILING GRID INSPECTION

INSPECT MEPS ABOVE CEILING LINE

CARPET, LVT & BASE INSTALL

INSTALL COUNTERTOPS

PAINT FINAL COATS

FLUSH PLUMBING TRIM

INSTALL APPLIANCES
17-Oct-24, RESTROOMS GROUND LEVEL

DRYWALL

MUD AND TAPE
PRIME AND 1ST COAT

WATERPROOFING

FLOAT AND SET TILE IN RESTROOM

WATERPROOFING FLOOD TEST

INSTALL SINKS

INSTALL TOILETS

FLOAT AND SET TILE ON WALLS

INSTALL ACCESSORIES

FINAL PAINT
13-Sep-24, ROUGH IN OVEREAD LEVEL 2

HVAC ROUGH OVERHEAD

PLUMBING ROUGH OVERHEAD

ELECTRICAL ROUGH OVERHEAD

FIRE LIFE SAFETY ROUGH OVERHEAD

PLUMBING ROUGH INSPECTION

HVAC ROUGH INSPECTION

ELECTRICAL ROUGH INSPECTION

FIRE LIFE SAFETY INSPECTION
28-Oct-24, INTERIOR BUILD OUT LEVEL 2

INSTALL HM DOOR FRAMES

IN-WALL INSULATION

DRYWALL

DRYWALL WALLS TAPING
PRIME AND 1ST COAT PAINT

INSTALL GLASS TRACK

INSTALL DOORS AND HARDWARE

INSTALL GLASS IN FRAMES

INSTALL SIGNAGE

FINISH TRIM FOR LIGHTING

INSTALL CEILING GRID

INSTALL GRILLES IN HARDLID

INSTALL LIGHT FIXTURES

INSTALL HVAC FIXTURES

INSTALL LOW VOLTAGE/SMOKE ALARMS

HVAC FINISH

ELECTRICAL FINISH

FIRE LIFE SAFETY FINISH

ELECTRICAL IN ACT CEILING

MILLWORK INSTALLATION

HVAC IN ACT CEILING

CEILING TILES
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 6 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
63 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INTLV2 - 1240 CEILING GRID INSPECTION 1 1 16-Oct-24 16-Oct-24 INTLV2 - 1250 INSPECT MEPS ABOVE CEILING LINE 1 1 16-Oct-24 16-Oct-24 INTLV2 - 1260 CARPET, LVT & BASE INSTALL 5 5 17-Oct-24 23-Oct-24 INTLV2 - 1270 INSTALL COUNTERTOPS 1 1 21-Oct-24 21-Oct-24 INTLV2 - 1290 FLUSH PLUMBING TRIM 1 1 22-Oct-24 22-Oct-24 INTLV2 - 1280 PAINT FINAL COATS 3 3 24-Oct-24 28-Oct-24 INTLV2 - 1300 INSTALL APPLIANCES 1 1 24-Oct-24 24-Oct-24 RESTROOMS LEVEL 2RESTROOMS LEVEL 2 40 40 02-Oct-24 27-Nov-24 B1130 DRYWALL 5 5 02-Oct-24 08-Oct-24
B1150 MUD AND TAPE 5 5 09-Oct-24 15-Oct-24
B1190 PRIME AND 1ST COAT 3 3 16-Oct-24 18-Oct-24
B1200 WATERPROOFING 4 4 21-Oct-24 24-Oct-24
B1250 FLOAT AND SET TILE IN RESTROOM 5 5 25-Oct-24 31-Oct-24 B1230 WATERPROOFING FLOOD TEST 5 5 30-Oct-24 05-Nov-24
B1360 INSTALL SINKS 2 2 01-Nov-2404-Nov-24
B1370 INSTALL TOILETS 2 2 01-Nov-2404-Nov-24
B1470 FLOAT AND SET TILE ON WALLS 8 8 06-Nov-2418-Nov-24 B1350 INSTALL ACCESSORIES 4 4 19-Nov-2422-Nov-24
B1400 FINAL PAINT 3 3 25-Nov-2427-Nov-24
ELECTRICAL AND SERVER ROOMELECTRICAL AND SERVER ROOM 26 26 08-Aug-2413-Sep-24 A1270 FRAME WALLS 1 1 08-Aug-2408-Aug-24
A1280 DRYWALL 1 1 09-Aug-2409-Aug-24
A1290 TAPE AND MUD 3 3 12-Aug-2414-Aug-24
A1510 PRIME AND FIRST COAT 1 1 15-Aug-2415-Aug-24
A1300 SET SWITCHGEAR AND PANELS 5 5 16-Aug-2422-Aug-24
A1310 FIRECAULKING 1 1 23-Aug-2423-Aug-24
A1520 PULL WIRE TO TRANSFORMER 2 2 23-Aug-2426-Aug-24
A1530 PULL WIRE TO PANELS 2 2 27-Aug-2428-Aug-24
A1540 EDISON CONNECTIONS TO TRANSFORMER5 5 29-Aug-2405-Sep-24 A1550 CONNECT SWITCH GEAR FOR PERM POWER5 5 06-Sep-2412-Sep-24 A1780 ENERGIZE SWITCH GEAR 1 1 13-Sep-2413-Sep-24
ELEVA TORELEVA TOR 46 46 23-Aug-24 28-Oct-24
ELV - 1010 INTSALL ELEVATOR GUIDE RAILS FLOOR 110 10 23-Aug-2406-Sep-24 ELV - 1020 INSTALL ELEVATOR GUIDE RAILS FLOOR 210 10 09-Sep-2420-Sep-24 ELV - 1030 INSTALL ELEVATOR CAB 10 10 23-Sep-24 04-Oct-24 ELV - 1040 BUILD OUT ELEVATOR MACHINE ROOM 15 15 23-Sep-24 11-Oct-24 ELV - 1050 ELEVATOR TESTING - PREPARE FOR STATE INSPECTION10 10 14-Oct-24 25-Oct-24 ELV - 1060 ELEVATOR STATE INSPECTION SIGN OFF 1 1 28-Oct-24 28-Oct-24 SITE WORKSITE WORK 224 224 18-Jan-24 05-Dec-24
SITE UTILITIES (FROM POC - OUT OF BUILDING AREA)SITE UTILITIES (FROM POC - OUT OF BUILDING AREA) 105 105 18-Jan-24 14-Jun-24 A1630 ELECTRICAL CONDUIT EXCAVATE/INSTALL/BACKFILL5 5 18-Jan-24 24-Jan-24 A1650 SS EXCAVATE AND INSTALL 10 10 11-Apr-24 24-Apr-24 A1560 FIRE WATER EXCAVATE/INSTALL 5 5 25-Apr-24 01-May-24 A1570 FIRE WATER TEST AND BACKFILL 5 5 25-Apr-24 01-May-24 A2080 SS TESTING AND BACKFILL 5 5 25-Apr-24 01-May-24
A1580 DOMESTIC WATER EXCAVATE/INSTALL 5 5 01-May-2407-May-24 A1600 IRRIGATION TO BACKFLOW PREVENTOR 5 5 02-May-2408-May-24 A1760 WATERWORKS MATERIAL APPROVAL AND PROCUREMENT20 20 02-May-2430-May-24 A1590 DOMESTIC WATER TEST AND BACKFILL 5 5 08-May-2414-May-24 A1610 IRRIGATION PRESSURE TEST/BACKFILL/SLEEVES5 5 09-May-2415-May-24 A1640 CONNECT SS / FIRE WATER / DOMESTIC WATER LINES TO CITY5 5 31-May-24 06-Jun-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

CEILING GRID INSPECTION

INSPECT MEPS ABOVE CEILING LINE

CARPET, LVT & BASE INSTALL

INSTALL COUNTERTOPS

FLUSH PLUMBING TRIM

PAINT FINAL COATS

INSTALL APPLIANCES
27-Nov-24, RESTROOMS LEVEL 2

DRYWALL

MUD AND TAPE
PRIME AND 1ST COAT

WATERPROOFING

FLOAT AND SET TILE IN RESTROOM

WATERPROOFING FLOOD TEST

INSTALL SINKS

INSTALL TOILETS

FLOAT AND SET TILE ON WALLS

INSTALL ACCESSORIES

FINAL PAINT
13-Sep-24, ELECTRICAL AND SERVER ROOM

FRAME WALLS

DRYWALL

TAPE AND MUD

PRIME AND FIRST COAT

SET SWITCHGEAR AND PANELS

FIRECAULKING

PULL WIRE TO TRANSFORMER

PULL WIRE TO PANELS

EDISON CONNECTIONS TO TRANSFORMER

CONNECT SWITCH GEAR FOR PERM POWER

ENERGIZE SWITCH GEAR
28-Oct-24, ELEVATOR
INTSALL ELEVATOR GUIDE RAILS FLOOR 1
INSTALL ELEVATOR GUIDE RAILS FLOOR 2

INSTALL ELEVATOR CAB

BUILD OUT ELEVATOR MACHINE ROOM

ELEVATOR TESTING - PREPARE FOR STATE INSPECTION

ELEVATOR STATE INSPECTION SIGN OFF
05-Dec-24, SITE WORK
14-Jun-24, SITE UTILITIES (FROM POC - OUT OF BUILDING AREA)

ELECTRICAL CONDUIT EXCAVATE/INSTALL/BACKFILL

SS EXCAVATE AND INSTALL

FIRE WATER EXCAVATE/INSTALL

FIRE WATER TEST AND BACKFILL

SS TESTING AND BACKFILL

DOMESTIC WATER EXCAVATE/INSTALL

IRRIGATION TO BACKFLOW PREVENTOR

WATERWORKS MATERIAL APPROVAL AND PROCUREMENT

DOMESTIC WATER TEST AND BACKFILL

IRRIGATION PRESSURE TEST/BACKFILL/SLEEVES

CONNECT SS / FIRE WATER / DOMESTIC WATER LINES TO CITY
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 7 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
64 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
A1750 PATCH ASPHALT AND CONCRETE IN CITY ROW5 5 07-Jun-24 13-Jun-24 A1770 FIRE FLOW TEST 1 1 14-Jun-24 14-Jun-24
SITE ELECTRICALSITE ELECTRICAL 63 63 17-Jun-24 13-Sep-24 A2580 SURVEY FOR POLES, EV, BLUE PHONE 2 2 17-Jun-24 18-Jun-24 A2590 LAYOUT FOR PATH OF TRAVEL 1 1 19-Jun-24 19-Jun-24 A2600 EXCAVATE/INSTALL CONDUIT 4 4 20-Jun-24 25-Jun-24
A2610 BACKFILL CONDUIT TRENCH 2 2 26-Jun-24 27-Jun-24
A2620 EXCAVATE AND INSTALL REBAR FOR LIGHT POLE2 2 10-Sep-2411-Sep-24 A2630 CONDUIT STUB UPS 1 1 12-Sep-2412-Sep-24
A2640 POUR LIGHT POLE BASES 1 1 13-Sep-2413-Sep-24
HARDSCAPEHARDSCAPE 27 27 21-Aug-2427-Sep-24
LAND 2660 SURVEY FOR CURB AND GUTTER FOR ENTIRE SITE2 2 21-Aug-2422-Aug-24 LAND 2760 GRADE AND COMPACT SUB GRADE AT PARKING LOT AND FIRE LANE4 4 23-Aug-2428-Aug-24 LAND 3050 GRADE AND COMPACT SUB GRADE AT CURB5 5 23-Aug-2429-Aug-24 LAND 2670 FORM AND POUR CURB AT PARKING LOT AREA2 2 30-Aug-2403-Sep-24 LAND 2700 FORM AND POUR CURB AT FIRE LANE AND WEST ENTRY6 6 04-Sep-2411-Sep-24 LAND 2770 FINE GRADE AND RECOMPACT SUB GRADE AT PARKING LOT2 2 04-Sep-2405-Sep-24 LAND 2730 SET GRADE AND COMPACT AT PARKING LOT2 2 06-Sep-2409-Sep-24 LAND 2740 COMPACTION TEST AT PARKING LOT 1 1 10-Sep-2410-Sep-24 LAND 2690 DEMO WEST ENTRY 2 2 11-Sep-2412-Sep-24
LAND 3150 REBAR AND INSEPCTION AT PARKING LOT 2 2 11-Sep-2412-Sep-24 LAND 2720 SET GRADE AND COMPACT FIRE LANE 2 2 13-Sep-2416-Sep-24 LAND 2680 POUR CONCRETE PAVEMENT AT PARKING LOT1 1 16-Sep-2416-Sep-24 LAND 2750 COMPACTION TEST AT FIRE LANE 1 1 17-Sep-2417-Sep-24 LAND 3140 REBAR AND INSPECTION AT FIRE LANE 2 2 18-Sep-2419-Sep-24 LAND 2710 POUR CONCRETE PAVEMENT AT FIRE LANE AND WEST ENTRY1 1 20-Sep-2420-Sep-24 LAND 2780 PAVEMENT MARKINGS 5 5 23-Sep-2427-Sep-24
SIGNAGE - PARKING ENTRYSIGNAGE - PARKING ENTRY 14 14 23-Sep-24 10-Oct-24 A2480 SURVEY 1 1 23-Sep-2423-Sep-24
A2490 EXCAVATE 1 1 24-Sep-2424-Sep-24
A2500 REBAR AND INSPECTION 1 1 25-Sep-2425-Sep-24
A2510 POUR FOOTING 1 1 26-Sep-2426-Sep-24
A2520 FORM WALL 3 3 27-Sep-24 01-Oct-24
A2570 WALL REBAR AND INSPECTION 1 1 02-Oct-24 02-Oct-24 A3180 POUR WALL 1 1 03-Oct-24 03-Oct-24
A2540 STRIP AND CLEAN UP 1 1 04-Oct-24 04-Oct-24
A2550 BACKFILL TO FINISH SURFACE 1 1 07-Oct-24 07-Oct-24 A2560 SIGNAGE 3 3 08-Oct-24 10-Oct-24
LANDSCAPELANDSCAPE 37 37 11-Oct-24 05-Dec-24
SITE LANDSCAPINGSITE LANDSCAPING 37 37 11-Oct-24 05-Dec-24 LAND 2270 IRRIGATION LAYOUT 5 5 11-Oct-24 17-Oct-24
LAND 2280 IRRIGATION INSTALLATION - MAIN LINE 10 10 18-Oct-24 31-Oct-24 LAND 2290 LAYOUT FOR TREES 2 2 01-Nov-2404-Nov-24
LAND 2300 BRANCH LINES INSTALLATION 5 5 01-Nov-2407-Nov-24 LAND 2310 TREE INSTALLATION 5 5 05-Nov-2412-Nov-24
LAND 2320 INSTALL DRIP SYSTEM / SPRINKLERS 5 5 08-Nov-2415-Nov-24 LAND 2330 SMALL PLANTS 10 10 18-Nov-2403-Dec-24
LAND 2340 LAYOUT FOR LANDSCAPE FEATURES 2 2 18-Nov-2419-Nov-24 LAND 2360 INSTALL ROCK EDGE 5 5 20-Nov-2426-Nov-24
LAND 2370 PLACE DECORATIVE ROCK 5 5 27-Nov-2405-Dec-24
LAND 2380 INSTALL SITE FURNISHINGS 5 5 27-Nov-2405-Dec-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PATCH ASPHALT AND CONCRETE IN CITY ROW

FIRE FLOW TEST
13-Sep-24, SITE ELECTRICAL

SURVEY FOR POLES, EV, BLUE PHONE

LAYOUT FOR PATH OF TRAVEL

EXCAVATE/INSTALL CONDUIT

BACKFILL CONDUIT TRENCH

EXCAVATE AND INSTALL REBAR FOR LIGHT POLE

CONDUIT STUB UPS

POUR LIGHT POLE BASES
27-Sep-24, HARDSCAPE

SURVEY FOR CURB AND GUTTER FOR ENTIRE SITE

GRADE AND COMPACT SUB GRADE AT PARKING LOT AND FIRE LANE

GRADE AND COMPACT SUB GRADE AT CURB

FORM AND POUR CURB AT PARKING LOT AREA

FORM AND POUR CURB AT FIRE LANE AND WEST ENTRY

FINE GRADE AND RECOMPACT SUB GRADE AT PARKING LOT

SET GRADE AND COMPACT AT PARKING LOT

COMPACTION TEST AT PARKING LOT

DEMO WEST ENTRY

REBAR AND INSEPCTION AT PARKING LOT

SET GRADE AND COMPACT FIRE LANE

POUR CONCRETE PAVEMENT AT PARKING LOT

COMPACTION TEST AT FIRE LANE

REBAR AND INSPECTION AT FIRE LANE

POUR CONCRETE PAVEMENT AT FIRE LANE AND WEST ENTRY

PAVEMENT MARKINGS
10-Oct-24, SIGNAGE - PARKING ENTRY
SURVEY

EXCAVATE

REBAR AND INSPECTION

POUR FOOTING

FORM WALL

WALL REBAR AND INSPECTION

POUR WALL

STRIP AND CLEAN UP

BACKFILL TO FINISH SURFACE

SIGNAGE
05-Dec-24, LANDSCAPE
05-Dec-24, SITE LANDSCAPING

IRRIGATION LAYOUT

IRRIGATION INSTALLATION - MAIN LINE

LAYOUT FOR TREES

BRANCH LINES INSTALLATION

TREE INSTALLATION

INSTALL DRIP SYSTEM / SPRINKLERS

SMALL PLANTS

LAYOUT FOR LANDSCAPE FEATURES

INSTALL ROCK EDGE

PLACE DECORATIVE ROCK

INSTALL SITE FURNISHINGS
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 8 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
65 Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INSPECTIONS / FINALS / CLOSEOUTINSPECTIONS / FINALS / CLOSEOUT 110 110 02-Dec-2407-May-25 CLOSE 1010 PENTA INCOMPLETE ITEMS 10 10 02-Dec-2413-Dec-24 CLOSE 1170 HVAC UNITS START-UP 8 8 02-Dec-2411-Dec-24
CLOSE 1130 TEST AND AIR BALANCE 15 15 12-Dec-24 03-Jan-25 CLOSE 1080 FINAL CLEAN 7 7 16-Dec-2424-Dec-24
CLOSE 1090 COMMISSIONING 10 10 07-Jan-25 20-Jan-25
CLOSE 1020 HVAC FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1030 PLUMBING FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1040 ELECTRICAL FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1050 FIRE LIFE SAFETY FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1060 PUNCHWALK WITH CARRIER JOHNSON / FONTANA20 20 21-Jan-25 18-Feb-25 CLOSE 1140 LANDSCAPING FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1160 WEATHER DAY ALLOWANCE 25 25 19-Feb-25 25-Mar-25 CLOSE 1110 BUILDING FINAL INSPECTION 2 2 26-Mar-25 27-Mar-25 CLOSE 1120 SUBSTANTIAL COMPLETION (BUILDING TURNOVER)0 0 27-Mar-25 CLOSE 1150 PROJECT CLOSEOUT 29 29 28-Mar-2507-May-25
CLOSE 1100 PROJECT FINAL 0 0 07-May-25
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
07-May-25, INSPECTIONS / FINALS / CLOSEOUT

PENTA INCOMPLETE ITEMS

HVAC UNITS START-UP

TEST AND AIR BALANCE

FINAL CLEAN

COMMISSIONING

HVAC FINAL INSPECTIONS

PLUMBING FINAL INSPECTIONS

ELECTRICAL FINAL INSPECTIONS

FIRE LIFE SAFETY FINAL INSPECTIONS

PUNCHWALK WITH CARRIER JOHNSON / FONTANA

LANDSCAPING FINAL INSPECTIONS

WEATHER DAY ALLOWANCE

BUILDING FINAL INSPECTION

SUBSTANTIAL COMPLETION (BUILDING TURNOVER)

PROJECT CLOSEOUT

PROJECT FINAL
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 9 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
66 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
15 Project Compliance with Minimum Program and Performance Requirements The PENTA | Carrier Johnson team has read the program
and project requirements set forth in the RFP, Addendum #1, Q&A Sets #1 and #2, and certifies that our proposal and RFP response meets the City of Fontana’s requirements. These requirements include, but are not limited to;
• Providing a “fully functioning building that meets or exceeds the general standards of the bridging documents” • MEP, structural engineering, and civil design that meets all programmatic and technical performance requirements as
prescribed in the Basis of Design in the RFP.
• Programmatic and technical requirements for office space, equipment, and parking requirements (ADA, EV charging,
secured city parking)
• Budget maximum of $24 Million
• Schedule parameters
• Requirements for project delivery process
• Prevailing wage and DIR registration requirements
• Inclusion of necessary performance and payment bonds
• Public bidding of 0.5% and public notice publication
• Project enhancements and value engineering (see
proposed ‘Summary Value Added Enhancements’)
• Designed to incur minimal life cycle costs, including cost effective features and attributes and low annual
maintenance costs (see approach to Life-Cycle Cost
Analysis on the next page)
67 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
16 Life-Cycle Cost Analysis

ACHIEVING LOWEST POSSIBLE LIFE-CYCLE COSTS
The key objective of life-cycle cost analysis is to allow the City of Fontana to compare similar products and systems and identify products and systems that reduce operational and maintenance costs and offer greater value. Our analysis will be conducted using the following steps:

Step One – Identify Requirements
We will review existing information, including any City Design Standards to identify systems and product requirements.

Preliminary calculations and design charrettes will also yield information on system and product options. Various systems and products will be explored and studied to meet the functional and performance requirements of the spaces proposed in the subject facility.

Step Two – Identify Products and Systems
Based on Step 1, the systems and products will be selected for further evaluation. An important part of the analysis will also include whether the selected manufacturer and support system will be in place for the life-cycle of the product.

Systems and products will also be selected based on their ability to meet the City’s overall sustainability goals.

Step Three – Identify First Costs
We will identify the first costs of systems and products being considered. The costs will be established by coordinating with the manufacturer and the specific contractors responsible for the proposed systems and products.

Step Four – Energy Modeling of Systems
The selected systems and products will be modeled to
identify operational costs over the life-cycle based on their efficiency and operational characteristics and their sequence of operation. The modeling analysis will be used to arrive at the overall energy costs for each of the selected systems and products. The life-cycle analysis will be performed using the Trane Trace energy program.

Step Five – Identify Maintenance Costs
The City may have encountered both personnel and allocated maintenance costs dwindle over the years. It is extremely important we select products and systems that have minimum maintenance costs over their life-cycle, are straightforward to understand, easy to operate and maintain, spare parts are readily available, and are durable.

Step Six – Tabulate Life-cycle Cost
We can calculate and compare life-cycle costs for the various systems and products selected based on data collected from the previous phases.

Step Seven – Final Selection
This step will select the final products and systems based on their calculated life-cycle costs identified in Step 6. Products and systems based on their lowest life-cycle costs will be selected and specified on the project.
68 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I F. UNDERSTANDING OF PROJECT
17 The PENTA | Carrier Johnson team is proud of the design we’ve come up with during this RFP process below the overall target Design-Build budget of $24 Million, but we’re well aware that the true Design-Build process will require additional collaboration with the City of Fontana. After project award, we’ll work closely with the end-users to determine the priorities of the project, and will adjust our design and budget accordingly. We’ve started a list of potential added value items, as well as a list of items where there are potential cost savings. These items include:

Value-Added Items (approximate values are before mark-ups) • Metal Panels in lieu of Smooth Cement Plaster at South and West Elevations – Add approximately $550,000
• GFRC Panels in lieu of Smooth Cement Plaster at South and West Elevations – Add approximately $430,000
• Exterior Sunshade Panels at East and West Slot Windows – Add approximately $150,000
• Sandblasting of Exposed Structural Steel – Add approximately $30,000
• Operable Walls at Conference Room/Patio – Add
approximately $55,000
Value Engineering Items (approximate values are before mark- ups)
• Reduce Glass Area at North Elevation by 33% – Deduct
approximately $110,000
• Replace Metal Panel with Smooth Cement Plaster at Underside of Main Canopy – Deduct approximately $175,000
• Reduce Height of Level 2 Floor-to-Floor by 12” – Deduct approximately $150,000
Summary of Value-Added Enhancements
69 70
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I G. REFERENCES
18 PROJECT SIZE AND DESCRIPTION
9,900 SF; A single-story outpatient clinic that includes nurse stations, therapy rooms, seclusion rooms, and offices.

DESCRIPTION OF SERVICES
Preconstruction, Construction

PROJECT SIZE AND DESCRIPTION
100,672 SF; “The CORE” will become a place of knowledge for CSU East Bay, serving as both its new main library and a “21st Century Learning Center.”

DESCRIPTION OF SERVICES
Architectural Design Services
la county high desert
mental health urgent care
center

CONTACT INFORMATION
Parisa Dadmehr
Project Manager
310.968.2927
[email protected]
Alicia Ramos
Capital Projects Program Manager
626.614.6546
[email protected]

1. 2.

PROJECT SIZE AND DESCRIPTION
Six floors – 450,000 SF; The removal and replacement of fire alarm and nurse call systems of the main hospital and adjacent buildings

DESCRIPTION OF SERVICES
Preconstruction, Construction, VDC coordination

CONTACT INFORMATION
Gus Bitar, CCM ENV SP
Project Manager
562.673.3798
[email protected]

3. la county olive view fire
alarm/nurse call systems
replacement

CONTACT INFORMATION
Daniel No
Director, Planning, Design and Construction
510.885.3968
[email protected]

4. csu east bay core library

PROJECT SIZE AND DESCRIPTION
102,000 SF; Inspired by the vision from the community, the new Civic Center offers a place for people to conduct business and enjoy community activities.

DESCRIPTION OF SERVICES
Architectural Design Services

CONTACT INFORMATION
Keith Neves
Assistant City Manager
949.461.3431
[email protected]

5. lake forest civic center
71 72
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I H. LIST OF REPRESENTATIVE PROJECTS
19 List of representative projects undertaken by Design-Build Team in the last 5 years demonstrating experience in each category of the Project.
project name completion
date
project
value description
LA County High Desert
Mental Health Urgent
Care Center – PENTA |
Carrier Johnson (2021
DBIA National Award of
Excellence in Healthcare
Construction)
September 2020 $14.5 Million This facility is a 9,900 SF single-story outpatient clinic. This facility includes
nurse stations, therapy rooms, seclusion
rooms, and offices.

University of Southern
California Iovine Young
Hall
April 2019 $22 Million New 40,000 SF building features office spaces, classrooms, shop and creative
learning spaces, and extensive low
voltage and technology integration
elements. Hardscape/landscape work
was added.

The Thacher School
Creativity and
Technology Building
February 2021 $21 Million 23,000 SF building consists of a new center, complete with art studios, lecture
halls, classrooms, a science lab, and
robotics workshops. Associated site,
utility, and landscape improvements
were also included.

California State
University Long Beach
Anna W. Ngai Alumni
Center
April 2022 $11.07 Million Construction involves a new 5,500 GSF Alumni Center that serves as a
welcoming campus portal, including
conference rooms and meeting areas.

California State
University Fullerton
Baseball and Softball
Upgrades and Addition
March 2022 $13.2 Million New building with coaches’ offices, locker room facilities, a player lounge,
and other amenities. Our provided tenant
improvements and an addition to the
softball clubhouse.

CSU East Bay The Core
Library
Ongoing $62 Million “The CORE” will become a place of
knowledge for the CSU East Bay campus,
serving as both its new main library and a
“21st Century Learning Center” providing
students with opportunities to work with
cutting-edge technology.

Lake Forest Civic Center 2020 $72 Million 102,000 SF building on a 8-acre site campus includes a City hall, City Council
Chambers, 200-seat Performing Arts hall,
Policing Center, 23,000 SF Senior Center,
400-person Community and Conference
Center, and 300-car parking deck.

Legacy Center
Foundation
2020 $200 Million 18-acre campus featuring a 326,780 SF complex comprised of a 126-unit hotel,
a library, prayer center, 500-seat training
center, a 4D performance theater and
interactive globe.

LA Metro “Center Street”
Emergency Security
Operations Center
2023 $81.4 Million Design-Build project in downtown LA’s Arts District is a secured facility that will
integrate rail and bus operations centers
to ensure effective management of
Metro’s rail and bus networks.
73 74
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I I. PROPOSAL FORM
K
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 6

PROPOSAL FORMS

Proposal forms must be completed in their entirety or the Design-Build Entity may be deemed non-responsive in City’s sole discretion.

PROPOSAL TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Sid Lambert, Purchasng Dept.

PROPOSAL FOR:

A. SUBMITTAL
(1) IDENTIFICATION OF DESIGN-BUILD ENTITY:

Legal Name of Design-Build Entity:

Federal I.D. Number:

Contractor’s License Number:

License Expiration Date:

License Classification:

Business Address:

Business Telephone:

Business Facsimile Number:

Primary Contact Name:

Contact Email Address:

(2) ADDENDUM:

ADDENDUM(S) TO BE ACKNOWLEDGED ONLINE WHEN YOU ARE SUBMITTING YOUR PROPOSAL.

City Hall Renovation Project – Phase I
The PENTA Building Group
26-2603033
California Contractors License #972201
April 30, 2024
A - General Engineering; B - General Building;
C-8 - Concrete
155 North Lake Avenue, Suite 740
Pasadena, CA 91101
626.407.2797
N/A
Paul Dutmer, Vice President, Southern California
[email protected]
The PENTA Building Group
75 Twenty five million dollars
25,000,000
25,000,000
858,357
76 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I I. PROPOSAL FORM
M
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

that City is not responsible for any error or omission in this proposal or in its preparation.
(d) The undersigned will design and construct facilities that are fully functional and meet or exceed all function, program, performance, and other requirements of City as identified in the RFP, and for the Contract Price specified above. (e) If City recommends the undersigned be awarded the Design-Build Contract, the undersigned will meet with City to review in detail this proposal and will make any necessary changes or revisions to this proposal, including any and all design submittals and proposed materials, sy stems and equipment to ensure delivery to City of fully functional facilities which meet or exceed all requirements of City as identified in the RFP without revision to the Contract Price. (f) The undersigned acknowledges and warrants that the Design -Build En tity includes, at a minimum, architects, engineers, other necessary or specified design professionals and consultants, and a general contractor as identified and pre-qualified in the Request for Qualifications process. Substitutions of architects, engineers and other design professionals and consultants, or general contractors as identified in the Statement of Qualifications and any identified in this proposal, will not be made without City’s written consent to such substitution(s).
(g) The undersigned and eac h of its subconsultants, contractors, and subcontractors shall at all times during the execution of the work contemplated by the RFP, be qualified to complete the work, and each shall comply with all applicable State of California and City of Fontana professional and business licensing and registration requirements.
(h) The undersigned will not modify, amend, revoke or withdraw this proposal, without written permission of City for a period of not less than ninety (90) calendar days following the submission due date and time specified in the RFP or until a final Design-Build Contract has been executed, whichever occurs first. (i) The undersigned, or any member of the Design -Build E ntity or Design -Build Team, or any agent or representative thereof, has not collaborated or communicated with, or entered into any understanding agreements, whether written or oral, whether direct or indirect, or otherwise, with any other Design - Build Entity or Design-Build Team, or any agent or representative thereof, in the preparation of this proposal.
(j) The undersigned has reviewed in detail the Design-Build Contract attached to this RFP and takes no exception to its terms and conditions and warrants tha t nothing contained in the Design-Build Contract would preclude the Design-Build Entity from entering into the Design-Build Contract.
(k) This proposal is genuine and is not a sham or made in the interest of, or on behalf of, any person or entity not herein named.
(l) The undersigned, or any member of the Design -Build Entity or Design -Build Team, or any agent or representative thereof, has not engaged in any communication or contact with City or any City employee, or any City consultants, except as specifically allowed and limited by this RFP.

77 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I I. PROPOSAL FORM
N
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

DESIGN-BUILD ENTITY SIGNATURE (Seal Required):

Signature below shall bind the Design -Build Entity to all representations included in this Proposal and all Attachments and Exhibits hereinto.

Signature Name and Title

Legal Name of Design-Build Entity Date

The PENTA Building Group
Paul Dutmer, Vice President, Southern California
August 3, 2023
78 79
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 2: Iran Contracting Act Certification
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 2

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code sections 2200-2208)

Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public entity contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the option s below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination, and three-year ineligibility to bid on contracts. (Pub. Cont. Code § 2205.) OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

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

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed

OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case -by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed

The PENTA Building Group
Paul Dutmer, Vice President, Southern California August 3, 2023 26-2603033
80 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 3: Workers’ Compensation Certification
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 3
WORKERS’ COMPENSATION CERTIFICATION
Labor Code Section 3700 provides in relevant part:

Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees.

I am 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 cod e, and I will comply with such provisions before commencing the performance of the work of this contract.

Design-Build Entity:

By:

Name:

Its:

In accordance with article 5 (commencing at Section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with City prior to performing any work under the Contract.

The PENTA Building Group
August 3, 2023
Paul Dutmer, Vice President, Southern California
81 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 4: Non-Collusion Declaration
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 4

NON-COLLUSION DECLARATION

TO BE EXECUTED BY DESIGN-BUILD TEAM AND SUBMITTED WITH PROPOSAL The undersigned declares:

I am the ___________________ of ___________________, the party making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham proposal. The respondent has not directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone else to put in a sham proposal, or to refrain from responding. The respondent has not in any manner, directly or indirectly, soug ht by agreement, communication, or conference with anyone to fix the proposal price of the respondent or any other respondent, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other respondent. All statements contained in the proposal are true. The respondent has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a respondent that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the respondent.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________________[date], at ________________________________[city], ___________________[state].

Signed:

Print Name:

Vice President,
Southern California
The PENTA
Building Group
August 3, 2023
Pasadena California
Paul Dutmer
82 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 5: Public Works Contractor Registration Certification Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 5

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See htt p://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to pe rform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Bidder:

DIR Registration Number:

Bidder further acknowledges:
(1) Bidder shall maintain a current DIR registration for the duration of the project. (2) Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

Name of Bidder
Signature
Name and Title
Dated

The PENTA Building Group
1000010058
The PENTA Building Group
Paul Dutmer, Vice President, Southern California
August 3, 2023
Please see our team’s DIR registration copies in our Appendix section. 83 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 6: Proposal Forms
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

ATTACHMENT 6

PROPOSAL FORMS

Proposal forms must be completed in their entirety or the Design-Build Entity may be deemed non-responsive in City’s sole discretion.

PROPOSAL TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Sid Lambert, Purchasng Dept.

PROPOSAL FOR:

A. SUBMITTAL
(1) IDENTIFICATION OF DESIGN-BUILD ENTITY:

Legal Name of Design-Build Entity:

Federal I.D. Number:

Contractor’s License Number:

License Expiration Date:

License Classification:

Business Address:

Business Telephone:

Business Facsimile Number:

Primary Contact Name:

Contact Email Address:

(2) ADDENDUM:

ADDENDUM(S) TO BE ACKNOWLEDGED ONLINE WHEN YOU ARE SUBMITTING YOUR PROPOSAL.

City Hall Renovation Project – Phase I
The PENTA Building Group
California Contractors License #972201
April 30, 2024
A - General Engineering; B - General Building;
C-8 - Concrete
155 North Lake Avenue, Suite 740
Pasadena, CA 91101
626.407.2797
N/A
Paul Dutmer, Vice President, Southern California
[email protected]
26-2603033
84 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 6: Proposal Forms
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

B. COST PROPOSAL
The undersigned hereby proposes and agrees to furnish all design services, construction labor, materials, equipment, including management and oversight, to perform all work required for the Project in the manner and time described in the undersigned’s design proposal and documents.

The Cost Proposal, set forth below, includes all costs of the scope of work as requested in the RFP, and required by the provisions of the Design-Build Contract, including the cost of bonds, insurance, sales tax, and every other item of expense, direct or indirect, incidental to the scope of work.
(1) COST PROPOSAL BUDGET:

ITEM DESCRIPTION BUDGET AMOUNT

1. [INSERT PROJECT COMPONENTS] $

2. $
Total COMPLETE SCOPE OF WORK FOR THE CONTRACT
PRICE OF:

C. PROPOSAL CERTIFICATION
(1) CONTRACT PRICE:

The undersigned, having fully examined the RFP and any and all attachments, exhibits, and addenda thereto, and site of the Project, proposes to furnish all design and construction labor, materials, and equipment, and do all work in compliance with the terms and conditions of the RFP, without exception, and the herein proposal, for a Contract Price of:
($ )
The Contract Price includes City Owned Contingency, the amount of which is specified in the RFP. Any funds from City Owned Contingency not expended pursuant to written approval by City shall revert to City and shall not accrue for the benefit of the undersigned. (2) TIME FOR COMPLETION:

The undersigned agrees to comply with City’s Master Project Schedule as specified in this RFP.

The undersigned further agrees that Completion of work required by the Design-Build Contract resulting from this RFP and the herein Proposal shall be no later than December 2024. (3) CERTIFICATION:
(a) The undersigned has read and understands the RFP.
(b) The undersigned has become familiar with local site conditions under which the work is to be performed and has correlated personal observations with the requirements of the RFP.
(c) The proposal submitted by the undersigned is made in accordance with the RFP and is based upon the materials, systems, and equipment specified therein that will support or exceed the minimum quality, service, utilization, performance, and other levels specified therein, without exception; and the undersigned agrees Total Lump Sum Cost Proposal
N/A
Twenty three million, nine hundred ninety six thousand, seven hundred ninety three and 00/100 dollars 23,996,793.00
23,996,793.00
N/A
$23,996,793.00
85 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 6: Proposal Forms
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

that City is not responsible for any error or omission in this proposal or in its preparation.
(d) The undersigned will design and construct facilities that are fully functional and meet or exceed all function, program, performance, and other requirements of City as identified in the RFP, and for the Contract Price specified above. (e) If City recommends the undersigned be awarded the Design-Build Contract, the undersigned will meet with City to review in detail this proposal and will make any necessary changes or revisions to this proposal, including any and all design submittals and proposed materials, sy stems and equipment to ensure delivery to City of fully functional facilities which meet or exceed all requirements of City as identified in the RFP without revision to the Contract Price. (f) The undersigned acknowledges and warrants that the Design -Build En tity includes, at a minimum, architects, engineers, other necessary or specified design professionals and consultants, and a general contractor as identified and pre-qualified in the Request for Qualifications process. Substitutions of architects, engineers and other design professionals and consultants, or general contractors as identified in the Statement of Qualifications and any identified in this proposal, will not be made without City’s written consent to such substitution(s).
(g) The undersigned and eac h of its subconsultants, contractors, and subcontractors shall at all times during the execution of the work contemplated by the RFP, be qualified to complete the work, and each shall comply with all applicable State of California and City of Fontana professional and business licensing and registration requirements.
(h) The undersigned will not modify, amend, revoke or withdraw this proposal, without written permission of City for a period of not less than ninety (90) calendar days following the submission due date and time specified in the RFP or until a final Design-Build Contract has been executed, whichever occurs first. (i) The undersigned, or any member of the Design -Build E ntity or Design -Build Team, or any agent or representative thereof, has not collaborated or communicated with, or entered into any understanding agreements, whether written or oral, whether direct or indirect, or otherwise, with any other Design - Build Entity or Design-Build Team, or any agent or representative thereof, in the preparation of this proposal.
(j) The undersigned has reviewed in detail the Design-Build Contract attached to this RFP and takes no exception to its terms and conditions and warrants tha t nothing contained in the Design-Build Contract would preclude the Design-Build Entity from entering into the Design-Build Contract.
(k) This proposal is genuine and is not a sham or made in the interest of, or on behalf of, any person or entity not herein named.
(l) The undersigned, or any member of the Design -Build Entity or Design -Build Team, or any agent or representative thereof, has not engaged in any communication or contact with City or any City employee, or any City consultants, except as specifically allowed and limited by this RFP.

86 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I J. REQUIRED FORMS
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Attachment 6: Proposal Forms
Request for Proposals
City Hall Renovation Project-Phase I (SQ-25-DE-23-01)

DESIGN-BUILD ENTITY SIGNATURE (Seal Required):

Signature below shall bind the Design -Build Entity to all representations included in this Proposal and all Attachments and Exhibits hereinto.

Signature Name and Title

Legal Name of Design-Build Entity Date

The PENTA Building Group
Paul Dutmer, Vice President, Southern California
August 3, 2023
87 88
89 CITY OF FONTANA - CITY HALL ANNEX
90 CITY OF FONTANA - CITY HALL ANNEX
91 CITY OF FONTANA - CITY HALL ANNEX
92 CITY OF FONTANA - CITY HALL ANNEX
93 Schematic Drawings
K. APPENDIX
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AD
Exterior Metal
Staircase
City of Fontana City Hall Annex
Preliminary Level 2 - Scale 1/16" = 1'-0"

HUMAN RESOURCES

KFON / IT DEPARTMENT

FIRE DEPARTMENT / COAST

COMMUNITY SERVICES

CODE COMPLIANCE

SHARED COMMON AREAS / BUILDING SUPPORT

DEPARTMENT LEGEND

SHARED CONFERENCE ROOM

OUTDOOR LOUNGE SPACE
1 2 3 4 5 6 7 8
A
B
C
D
E
F
City of Fontana
City Hall Annex Project

HUMAN RESOURCES

KFON / IT DEPARTMENT

FIRE DEPARTMENT / COAST

COMMUNITY SERVICES

CODE COMPLIANCE

SHARED COMMON AREAS / BUILDING SUPPORT

DEPARTMENT LEGEND

SHARED CONFERENCE ROOM

OUTDOOR LOUNGE SPACE
1 2 3 4 5 6 7 8
A
B
C
D
E
F
OVERALL LEVEL 2 FLOOR PLAN
1/8"=1'-0"
Please see this floor plan in actual scale, submitted as a separate file.

PLEASE NOTE: The above Level 2 Office Floor Plan is a preliminary and approximate test fit based on feedback received from City at the Proprietary meeting on 7/13/23. All programmatic and code requirements are met per the BOD in the RFP.

Please also refer to Summary of Value-Added Enhancements provided in Section F for additional detail. 94 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AE
K. APPENDIX
Ensuring our corporate culture is realized in every aspect of PENTA, John directs all departments (business development, preconstruction, and estimating; construction operations; and finance and corporate services) within the company. As is typical of John’s interaction with Ownership groups, he will work with you to ensure our teams are performing. In this capacity, he has ensured the success of our project teams, on projects such as those we have completed at Los Angeles County Public Works, California State University, The Thacher School, and University of Southern California.

As the Vice President of Southern California, Paul has the authority to commit resources as necessary to complete this project in a timely manner. Paul will remain actively involved in the leadership of PENTA’s team through all preconstruction and construction phases.

His collaborative leadership continually leads teams to perform at their highest level. Paul has earned the respect of clients, trade partners, designers, consultants, and, most importantly, his fellow PENTA family.

Paul applies his field background to ensure our team is performing properly.

Responsible for PENTA’s operations across Southern California, Bryan is committed to remaining fully engaged from the onset of our involvement. He is responsible for ensuring our team is staffed appropriately and is delivering quality product. During his over 20 years’ experience, Bryan has established the ability to develop strong communication channels with and between Owners, designers, project teams, and trade partners.

JOHN CANNITO president and ceo
PAUL DUTMER vice president, southern california
BRYAN RICHARDS director of operations, southern ca
PENTA Executive Leadership
95 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AF
K. APPENDIX

EDUCATION AND CERTIFICATIONS

ERIK BLUM
project executive
years of
experience20

SELECT EXPERIENCE
AMAZON DPS2 LOGISTIC CENTER – SIMI VALLEY, CA
$43 MILLION
AMAZON DJW8 DISTRIBUTION CENTER – DESERT HOT SPRINGS, CA $33 MILLION
EDISON INT’L (SCE) – NEW SERVICE CENTER – RIDGECREST, CA $30 MILLION
TESLA RESEARCH AND DEVELOPMENT – SAN DIEGO, CA
$11 MILLION
PORTVIEW CHARTER SCHOOL – TUSTIN, CA
$14 MILLION
Utilizing his over 20 years of experience in the construction industry, Erik provides strong oversight, guidance, and leadership to drive projects to a successful delivery. Working closely with the project management team, Owners, and design and engineering teams, he ensures proper tracking of financial documentation, project milestones, and daily operations are accomplished efficiently.

PENTA
BS, Construction Management, San Diego State University OSHA 30-Hour
96 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AG
K. APPENDIX
OSHA 30-Hour
Completed Union Carpenter Apprenticeship Training Program Primavera P-6 Scheduling Software

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE
LA COUNTY HIGH DESERT MENTAL HEALTH URGENT CARE CENTER –

LANCASTER, CA
$14.5 MILLION
THE THACHER SCHOOL CREATIVITY AND TECHNOLOGY BUILDING –

OJAI, CA
$21 MILLION
CSU LONG BEACH ANNA W. NGAI ALUMNI CENTER – LONG BEACH, CA $11 MILLION
CSU FULLERTON BASEBALL AND SOFTBALL UPGRADES AND ADDITION –

FULLERTON, CA
$13.2 MILLION
HUMANITIES BUILDING, MT. SAN JACINTO COMMUNITY COLLEGE
DISTRICT MENIFEE CAMPUS – SAN JACINTO, CA
$20 MILLION
PEPPERDINE UNIVERSITY CAMPUS MASTERPLAN – MALIBU, CA
$40.5 MILLION
Applying his over 38 years of field experience, Larry’s involvement begins during preconstruction, working with the team and Ownership to develop a schedule, coordinating field activities and anticipating any issues prior to impacting the job. Throughout construction, Larry ensures installations are taking place on-time, and implements job-site safety.

LARRY DOCKINS
general superintendent
years of
experience41
PENTA
97 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AH
K. APPENDIX
MS, Civil Engineering, University of Southern California B.Tech, Civil Engineering. National Institute of Technology Karnataka DBIA

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE

LA COUNTY OLIVE VIEW MEDICAL CENTER FIRE ALARM/NURSE CALL SYSTEMS REPLACEMENT – SYLMAR, CA
$52 MILLION
GRATON RESORT EXPANSION – ROHNERT PARK, CA
$149 MILLION
PROJECT ELVIS EXPANSION AND RENOVATION, SAN MANUEL CASINO –

HIGHLAND, CA
$68 MILLION
YAAMAVA MASTERPLAN EXPANSION – HIGHLAND, CA
$636 MILLION
• Entertainment Venue
• Casino Podium
• Hotel Tower
• Site Area Development
• South Entry
Highly experienced in renovation and ground-up projects in and around operating facilities, Andrew will oversee daily site operations, ensuring our team understands and fulfills all contractual obligations. Andrew attributes his previous success to maintaining transparency and advocating the highest levels of business ethics when working with team members and project stakeholders. He encourages open communication between team members to achieve a level of trust and create synergy on his projects.

ANDREW KARAKKAL dbia
senior project manager
years of
experience10
PENTA
98 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AI
K. APPENDIX
BS, Environmental Engineering, University of California. Riverside Board for Professional Engineers, Land Surveyors, and Geologists OSHA 30-Hour
Competent Scaffolding

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE
PROJECT ELVIS EXPANSION AND RENOVATION, SAN MANUEL CASINO –

HIGHLAND, CA
$68 MILLION
YAAMAVA SOUTH SMOKING CASINO – HIGHLAND, CA
$4.3 MILLION
YAAMAVA MASTERPLAN EXPANSION – HIGHLAND, CA
$636 MILLION
• Entertainment Venue
• Casino Podium
• Hotel Tower
• Site Area Development
• South Entry
Asante’s role includes ensuring all requirements and obligations are understood and addressed with project controls, documentation, and procedures. He oversees and is responsible for preparing and updating procurement schedules, reviewing submittals, tracking RFIs, and coordinating with the architect, subcontractors, and Project Engineers. Asante works closely with the team to ensure project accuracy and quality from conception to completion

ASANTE MAXWELL
senior project engineer
years of
experience6
PENTA
99 RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I AJ
K. APPENDIX

SELECT EXPERIENCE
UCLA MARGO LEAVIN GRADUATE ART STUDIOS – CULVER CITY, CA $25 MILLION
OVMC RESTORATIVE CARE VILLAGE, PACKAGE A (DESIGN-BUILD) –

SYLMAR, CA
$60 MILLION
OVMC RESTORATIVE CARE VILLAGE, PACKAGE B (DESIGN-BUILD) –

SYLMAR, CA
$20 MILLION
LA COUNTY MENTAL HEALTH (DESIGN-BUILD) – TORRANCE, CA
$25 MILLION
ARCADIA MENTAL HEALTH CENTER (DESIGN-BUILD) – ARCADIA, CA $15 MILLION
GLENDALE ADVENTIST MEDICAL CENTER, PHASES 1 & 2 (DESIGN-BUILD) –

GLENDALE, CA
$80 MILLION
Zack’s experience with the Design-Build process allows him a unique and meaningful perspective on how to meet or exceed on the client’s expectations for the project while achieving the project’s budget, schedule, and/or design goals. He works closely with the design team and engineers, Owner stakeholders, and PENTA’s vastly qualified subcontractor base to ensure the design progresses in line with the parameters for the project.

ZACK HAGAN
senior preconstruction manager
years of
experience17
BS, Political Science Studies, California State University, Los Angeles OSHA 30-Hour

EDUCATION AND CERTIFICATIONS
PENTA
100
CMAR REQUEST FOR QUALIFICATIONS Project Name

SECTION A, PAGE AK
K. APPENDIX

EDUCATION AND CERTIFICATIONS
Brandon ensures our QA/QC practices are incorporated on his projects. Working directly with the Preconstruction and Operations teams, his responsibility is to roll out QA/QC plans, and inspect the team is carrying those throughout a project’s entirety. He conducts submittal reviews, field visits, and site testing for compliance with PENTA’s QA/QC standards and guidelines.

OSHA 500-Hour Certification
Construction Health and Safety
Technician (CHST)
Construction Health & Safety
Program Certification, University of
California, San Diego

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE
WORLD MARKET CENTER – LAS VEGAS, NV
$100 MILLION
T-MOBILE ARENA – LAS VEGAS, NV
$269 MILLION
PARK MGM/EATALY – LAS VEGAS, NV
$650 MILLION
DURANGO STATION – LAS VEGAS, NV
$780 MILLION

SELECT EXPERIENCE
THE THACHER SCHOOL CREATIVITY AND TECHNOLOGY BUILDING – OJAI, CA $21 MILLION
CSU LONG BEACH ANNA W. NGAI ALUMNI CENTER – LONG BEACH, CA $11 MILLION
CSU FULLERTON BASEBALL AND SOFTBALL UPGRADES AND ADDITION –

FULLERTON, CA
$13.2 MILLION
USC IOVINE YOUNG HALL – LOS ANGELES, CA
$22 MILLION
Elias is responsible for ensuring all safety requirements are adhered to. He provides oversight of all safety compliance/program operations and working with the team to develop the overall and area site safety plans. He is responsible for ensuring field employees are properly trained in all phases of work needed for your project.

ELIAS BROOKS
regional safety director

BRANDON KISNER
qa/qc superintendent
years of
experience16
years of
experience20
PENTA
PENTA OSHA 30-Hour Tourmax Factory Training
101
CMAR REQUEST FOR QUALIFICATIONS Project Name

SECTION A, PAGE AL
K. APPENDIX
Michael’s involvement with trade coordination allows him to assist the team during all phases of construction. Michael will apply his extensive experience working within BIM guidelines for a variety of universities to ensure our work product meets your standards He is responsible for developing 3D BIM models used as a visual guide for the project schedule and logistics plans upon completion.

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE
CSU LONG BEACH ANNA W. NGAI ALUMNI CENTER – LONG BEACH, CA $11 MILLION
CSU FULLERTON BASEBALL AND SOFTBALL UPGRADES AND ADDITION –

FULLERTON, CA
$13.2 MILLION
USC IOVINE YOUNG HALL – LOS ANGELES, CA
$22 MILLION
YAAMAVA MASTER PLAN – HIGHLAND, CA
$636 MILLION

SELECT EXPERIENCE
LA COUNTY HIGH DESERT MENTAL HEALTH URGENT CARE CENTER – LANCASTER, CA $14.5 MILLION
CSU LONG BEACH ANNA W. NGAI ALUMNI CENTER – LONG BEACH, CA $11 MILLION
CSU FULLERTON BASEBALL AND SOFTBALL UPGRADES AND ADDITION –

FULLERTON, CA
$13.2 MILLION
METROPOLIS RESIDENTIAL TOWER 3 – LOS ANGELES, CA
$402 MILLION
From her over 20 years in the construction industry, Lida provides extensive experience in managing contracts, trade partner subcontract documents, and billings for all trades and the Owner. Her diligence and proactive approach to ensure all documents and billing are completed correctly demonstrates her efficiency and thorough perspective.

LIDA HATOOMIAN
project accountant

MICHAEL COX
vdc manager
years of
experience24
years of
experience28
PENTA
PENTA AAS, Computer Drafting
Technologies, ITT Technical Institute
Autodesk Revit Certified

EDUCATION AND CERTIFICATIONS
Accounting General Education courses, Glendale Community College 102
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SELECT EXPERIENCE
LA METRO EMERGENCY OPERATIONS FACILITY – LOS ANGELES, CA $78.6 MILLION
CSU FULLERTON M cCARTHY HALL RENOVATION – FULLERTON, CA $24 MILLION
CSU FULLERTON CENTER FOR ORAL AND PUBLIC HISTORY –

FULLERTON, CA
$5 MILLION
PEPPERDINE UNIVERSITY PAYSON LIBRARY RENOVATION – MALIBU, CA $19 MILLION
UCLA JULES STEIN SEISMIC RENOVATION – LOS ANGELES, CA
$57 MILLION
UCLA BOELTER HALL RENOVATIONS – LOS ANGELES, CA
$12 MILLION
LAX PUBLIC SAFETY DATA CENTER – LOS ANGELES, CA
$10 MILLION
As a principal at Carrier Johnson’s Los Angeles office, David is a studio practice leader with over 20 years of experience. David has a well-rounded technical and design expertise, business development, and leadership background, having worked on all phases of project design and construction for various higher education facilities, science and technology, research facilities, commercial, entertainment, retail, restaurant, mixed-use residential, and interiors projects in Southern California and throughout the United States.

David will oversee the overall design of the project and lead all phases, from concept design to construction administration.

DAVID HUCHTEMAN
principal/managing director
years of
experience20
Integrated Project Management,
Harvard GSD, Executive Education
Bachelor of Architecture, The Pratt
Institute, New York City
Architect: CA | LEED AP

EDUCATION AND CERTIFICATIONS
CARRIER JOHNSON + CULTURE
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SELECT EXPERIENCE
LA METRO EMERGENCY OPERATIONS FACILITY – LOS ANGELES, CA CISTERRA PARTNERS 7 TH AND MARKET – SAN DIEGO, CA
$78.6 MILLION
KATELLA RANGE FACILITY UPGRADE, ORANGE COUNTY SHERIFF’S DEPARTMENT – ORANGE, CA
$250 MILLION

RENOVATION FEASIBILITY PLANS AT HEADQUARTERS BUILDING,
METROPOLITAN WATER DISTRICT OF LOS ANGELES – EL MONTE, CA

CONFIDENTIAL COST

TRAINING GROUNDS ADDITIONS AND RENOVATIONS, ORANGE COUNTY FIRE AUTHORITY – ORANGE, CA

CONFIDENTIAL COST
GARVEY RESERVOIR WATER QUALITY LABORATORY RENOVATIONS –

EL MONTE, CA

CONFIDENTIAL COST

STEVE KISS
senior project manager
years of
experience21
Steven has over 21 years of progressive leadership experience serving in project manager roles on public works projects. He is a registered California Architect, AIA, LEED Accredited Professional (AP), and certified Design-Build professional (DBIA) who specializes in civic sector facilities for numerous Southern California municipalities including SANDAG, CDCR, and the County of Los Angeles. Steven relies on his strong technical background and a collaborative team approach to successfully complete complex projects.

Steve will be the day-to-day point of contact for the project, coordinating with all design disciplines during every phase of the project.

BS Architectural Studies, University of
Illinois Urbana-Champaign
M Arch, MBA Candidate,
Boston Architectural College
LEED Accredited Professionals

EDUCATION AND CERTIFICATIONS
CARRIER JOHNSON + CULTURE
104
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SELECT EXPERIENCE
CSU EAST BAY, CORE LIBRARY BUILDING – HAYWARD, CA
$78.6 MILLION

POINT LOMA NAZARENE UNIVERSITY, SATOR HALL AND LATTER HALL SCIENCE BUILDING – SAN DIEGO, CA
$22 MILLION
SEMPRA ENERGY HEADQUARTERS – SAN DIEGO, CA
$123 MILLION
HELIX ELECTRIC HEADQUARTERS – SAN DIEGO, CA
$4 MILLION
COURTHOUSE COMMONS SOUTH BLOCK – SAN DIEGO, CA
$400 MILLION
SAN DIEGO PADRES – TAILGATE PARK MASTER PLAN – SAN DIEGO, CA $400 MILLION
SANDAG HEADQUARTERS FEASIBILITY STUDY – SAN DIEGO, CA

DESIGN ONLY

ALEX GUTIERREZ
design director
years of
experience15

EDUCATION AND CERTIFICATIONS
Alex has over 15 years of experience designing projects for institutional, municipal, educational, corporate, and residential clients. He has developed an expertise in designing custom spaces. Alex oversees all designs output by the Carrier Johnson office and will serve as lead designer on the City Hall Renovation. Alex will provide initial design concepts for the City Hall Renovation project as well as design oversight throughout design development and construction.

Master of Architecture, New School
of Architecture & Design,
San Diego, CA
Bachelor of Architecture, Instituto
Tecnologico De Estudios Superiores
De Monterrey, Guadalajara, Mexico
CARRIER JOHNSON + CULTURE
105
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SELECT EXPERIENCE

CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA, UNIVERSITY LIBRARY – POMONA, CA
$58.5 MILLION
PALOMAR COLLEGE, HEALTH SCIENCES BUILDING – SAN MARCOS, CA $9.6 MILLION
SAN JOSE STATE UNIVERSITY; MARTIN LUTHER KING, JR. LIBRARY –

SAN JOSE, CA
$113 MILLION
UNIVERSITY OF CALIFORNIA, IRVINE, LAW LIBRARY – IRVINE, CA $2.9 MILLION
UNIVERSITY OF CALIFORNIA, SAN DIEGO, ENGINEERING UNIT 1 –

LA JOLLA, CA
$9.8 MILLION
UNIVERSITY OF SAN DIEGO MISSION PARKING STRUCTURE –

SAN DIEGO, CA
$9.4 MILLION

VICKI PIAZZA
project architect
years of
experience35
CARRIER JOHNSON + CULTURE
With over 33 years at Carrier Johnson + CULTURE and 35 years of experience in architectural design, Vicki has placed strong emphasis in the design and delivery of many complex academic and municipal facilities. Vicki will serve as architectural support during the design and construction of the City Hall Renovation, drawing upon her deep expertise in creating projects for civic institutions.

Bachelor of Architecture, New School
of Architecture, San Diego, CA
Architect: California

EDUCATION AND CERTIFICATIONS
106
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SELECT EXPERIENCE
CISTERRA 5 TH AND JUNIPER CONCEPT – SAN DIEGO, CA

CONCEPT DESIGN
RADHA MFH CAL LLC, 11905 WILSHIRE – LOS ANGELES, CA

CONCEPT DESIGN
CENTERCAL WESTCHESTER YIELD STUDY – LOS ANGELES, CA

CONCEPT DESIGN
SWINERTON 600 N LINCOLN STREET CONCEPT – SPOKANE, WA

CONCEPT DESIGN
HOLLAND CARLSBAD NCTD – CARLSBAD, CA

CONCEPT DESIGN

ERIC MARTINA
project designer
years of
experience5

EDUCATION AND CERTIFICATIONS
CARRIER JOHNSON + CULTURE
Eric is an Architectural Designer with a keen interest in how buildings and cities evolve around new and old transportation infrastructure, focusing in particular on transit-oriented development, bikeability and walkability. By using 3D modeling software and rendering techniques, he quickly iterates through design ideas paying special attention to how buildings respond to the city, their site, the sun and the immediate context. He is not afraid of asking questions and thinking critically of the world around him; can it be improved, fixed, made more efficient. He will work closely with Alex Gutierrez in all phases of the design process.

Masters of Architecture at California
College of the Arts
Bachelor of Science in Architecture
University of Udine, UD, Italy
107
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SELECT EXPERIENCE
CSU EAST BAY, CORE LIBRARY BUILDING – HAYWARD, CA
$78.6 MILLION
SCRIPPS WEST PLAZA – CLAREMONT, CA
$10 MILLION
LONG BEACH CITY COLLEGE LANDSCAPE MASTER PLAN – LONG BEACH, CA

MASTER PLAN
LOMA LINDA UNIVERSITY HEALTH VILLAGE MASTER PLAN – LOMA LINDA, CA

MASTER PLAN
SCRIPPS PITZER COLLEGE SCIENCE CENTER 9TH STREET – CLAREMONT, CA

DESIGN ONLY
SDSU MISSION VALLEY EXPANSION – SAN DIEGO, CA

MASTER PLAN

AMBER LAKE
director of landscape design
years of
experience18

EDUCATION AND CERTIFICATIONS
CARRIER JOHNSON + CULTURE
As Director of Landscape design, Amber recognizes the importance of surrounding environmental and cultural contexts as they relate to the health and identity of a community. She strives to apply built and natural perspectives to converge cohesive landscape and architectural experiences in the urban environment. Amber’s projects incorporate sustainable design features, and is an expert in community engagement and gaining public support for project, including managing the public input process, the relationship between neighborhoods and local developers, and the general role civic collaboration plays within a community context. She will oversee the development of the landscape design for all phases of the City Hall Renovation project.

Master of Architecture, New School
of Architecture + Design, San Diego
Bachelor of Landscape Architecture,
California Polytechnic State
University, San Luis Obispo
108
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SELECT EXPERIENCE
CAL STATE UNIVERSITY FULLERTON, POLLAK LIBRARY – FULLERTON, CA INTERIOR DESIGN SERVICES | CONFIDENTIAL COST
CHAPMAN UNIVERSITY, STUDENT HOUSING – ORANGE, CA
INTERIOR DESIGN SERVICES | CONFIDENTIAL COST
CALIFORNIA INSTITUTE OF TECHNOLOGY, PARKER LAB – PASADENA, CA INTERIOR DESIGN SERVICES | CONFIDENTIAL COST
THE WESTIN CRYSTAL CITY REAGAN NATIONAL AIRPORT –

ARLINGTON, VA
INTERIOR DESIGN SERVICES | CONFIDENTIAL COST
JW MARRIOT HOTEL – ANAHEIM, CA
INTERIOR DESIGN SERVICES | CONFIDENTIAL COST
DOUBLETREE BY HILTON HOTEL – SANTA ANA, CA
INTERIOR DESIGN SERVICES | CONFIDENTIAL COST

MIN SUNG
senior interior designer
years of
experience19

EDUCATION AND CERTIFICATIONS
CARRIER JOHNSON + CULTURE
Min is an experienced architectural and interior designer with a practice spanning 19 years in the US and internationally. Having managed projects across industries, including hospitality, restaurants and bars, office interiors, mixed-use, and retail, Min’s focus on creative space and its practical uses have allowed him to collaborate with clients and the project team throughout the development of his designs.

Master of Architecture,
University of Souther California,
Los Angeles, CA
Bachelor of Science in interior
Architecture, Woodbury University,
Burbank, CA
109
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Dawn Zimmer is a Senior Project Architect with Carrier Johnson, responsible for Quality Assurance, Building Analysis and Existing Facility Conditions’ Assessments and Specification Writing. Throughout her 39 years of experience, Dawn has been involved in a wide range of projects for both public and private sector entities. For all of the firm’s projects, she provides Quality Assurance reviews for coordination and constructability critiquing all drawings and specifications to ensure coordination between all disciplines during schematic design, design development, construction documentation, and bidding phases. In this capacity, she has reviewed over 200 architectural and interior design projects throughout her 26 years with Carrier Johnson.

DAWN ZIMMER
senior associate, qa/qc and specifications
years of
experience39
Bachelor of Architecture,
California State Polytechnic
University, San Luis Obispo
Architect: California

EDUCATION AND CERTIFICATIONS

SELECT EXPERIENCE
CSU EAST BAY, CORE LIBRARY BUILDING – HAYWARD, CA
$78.6 MILLION

POINT LOMA NAZARENE UNIVERSITY, SATOR HALL AND LATTER HALL SCIENCE BUILDING – SAN DIEGO, CA
$22 MILLION
SEMPRA ENERGY HEADQUARTERS – SAN DIEGO, CA
$123 MILLION
HELIX ELECTRIC HEADQUARTERS – SAN DIEGO, CA
$4 MILLION
COURTHOUSE COMMONS SOUTH BLOCK – SAN DIEGO, CA
$400 MILLION
SAN DIEGO PADRES - TAILGATE PARK MASTER PLAN – SAN DIEGO, CA N/A
SANDAG HEADQUARTERS FEASIBILITY STUDY – SAN DIEGO, CA
N/A
CARRIER JOHNSON + CULTURE
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SELECT EXPERIENCE
YORBA LINDA PUBLIC LIBRARY AND CULTURAL ARTS CENTER –

YORBA LINDA, CA
$42 MILLION
SANTA ANA LIBRARY RENOVATION – SANTA ANA, CA
$21.6 MILLION
CONFLUENCE RECREATION PARK – VALENCIA, CA
$22 MILLION
SOLIS PARK – IRVINE, CA
$7.7 MILLION
ROOSEVELT ELEMENTARY SCHOOL – SANTA ANA, CA
$50 MILLION
CAMERON PARK COMMUNITY CENTER – WEST COVINA, CA
$4 MILLION
ORANGE COUNTY PUBLIC WORKS CHILD SUPPORT SERVICES –

SANTA ANA, CA
$450,000`
WILLIAM H THORPE se
managing principal | structural engineering
years of
experience37

EDUCATION AND CERTIFICATIONS
William has over 37 years of experience as a structural engineer, 25 of which have been spent at KPFF. His responsibilities include client contact, fee and schedule establishment, supervision of engineering and drafting personnel, project design and production, project coordination, and construction administration. Will orchestrates substantial coordination efforts with clients, users, and other diverse disciplines, and he consistently delivers sophisticated analysis and design solutions. Will has played a pivotal role in a variety of complex structural projects, skillfully implementing cost-effective systems to navigate limited budgets and ambitious schedules.

BS, Civil Engineering, Texas Tech
University, Lubbock
Structural Engineer - CA (3866)
UT
Civil Engineer - CA (44980)

CO, HI, MN, NM, OR, TX, WA & WI
KPFF
111
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K. APPENDIX

SELECT EXPERIENCE
CITY OF FONTANA DEVELOPMENT SERVICES ORGANIZATION BUILDING –

FONTANA, CA
$9.9 MILLION
CITY OF LAKE FOREST CIVIC CENTER – LAKE FOREST, CA
$80 MILLION
BERNARDO ELEMENTARY SCHOOL NEW SCHOOL CAMPUS –

ESCONDIDO, CA
$12.3 MILLION
THURSTON MIDDLE SCHOOL MODERNIZATIONS AND ADDITIONS –

LAGUNA BEACH, CA
$9.8 MILLION
TOP OF THE WORLD ELEMENTARY SCHOOL MODERNIZATION –

LAGUNA BEACH, CA
$5.4 MILLION
MOLLY SKINNER se
associate/structural engineering
years of
experience24

EDUCATION AND CERTIFICATIONS
KPFF
As an Associate and Project Manager with the Irvine office of KPFF, Molly is responsible for client contact, establishment of fees and schedules, supervision of engineering and drafting personnel, project design and production, overall project coordination, and construction administration.

Molly has 24 years of experience as a structural engineer and has experience with complex projects that have required significant coordination with clients, users, and other related disciplines.

MS, Structural Engineering,
BS, Civil Engineering, University of
California, Los Angeles
Cal OES Safety Assessment Evaluator
(#82003)
Structural Engineer - CA (4950)
Civil Engineer - CA (63946)
112
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K. APPENDIX

SELECT EXPERIENCE
CITY OF SANTA MONICA CITY SERVICES BUILDING – SANTA MONICA, CA $77 MILLION
CITY OF EL SEGUNDO ON-CALL SERVICES – EL SEGUNDO, CA
$VARIES
LOS ANGELES COUNTY DPW ON-CALL A/E SERVICES – LOS ANGELES, CA $VARIES
BIOSCIENCE LOS ANGELES COUNTY COLLABORATION CENTER –

LOS ANGELES, CA
$13.7 MILLION
ALTASEA PHASE 1 PORT OF LOS ANGELES – LOS ANGELES, CA
$185 MILLION
COUNTY OF LOS ANGELES RANCHO LOS AMIGOS INFRASTRUCTURE –

DOWNEY, CA
$2.7 BILLION
With a background in land development industry that includes more than 20 years of experience in the design, development and management of projects for institutional, government, commercial and healthcare clients, Sharad Ganju is responsible for new project development in greater Los Angeles, client relationships, business development and providing unparalleled client service. He is experienced in managing multiple sub-consultants on large projects, delivering on schedule while meeting clients’ expectations. Sharad specializes in campus master plan designs, utility infrastructure design and has worked on challenging campus setting projects involving existing utility infrastructure. Sharad is also the lead civil peer reviewer on Department of Veteran Affairs’ Western Region Projects.

SHARAD GANJU pe
principal-in-charge/civil engineering
years of
experience22
Master of Science, Civil Engineering,
Rutgers State University of New
Jersey, New Brunswick, New Jersey
Bachelor of Engineering,
Civil Engineering, Center for
Environmental Planning &
Technology, India

EDUCATION AND CERTIFICATIONS
KPFF
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IVAN THOMAS pe, leed ap
principal, senior mechanical engineer
years of
experience29

EDUCATION AND CERTIFICATIONS
BS, Mechanical Engineering, Cal Poly
Pomona, 1992
Mechanical Engineer, California,
M30691
Ivan Thomas has over 29 years of mechanical engineering experience including retrofit, upgrade and new system design, including institutional, industrial, commercial and military projects. His projects have included central plants, classrooms, lecture halls, clean rooms, laboratories, computer rooms, commercial and industrial tenant improvements. Ivan has served as project manager and design engineer on various HVAC airside and hydronic system design projects with duties encompassing determination of project scope, design criteria, coordination with the client and project team, provision of construction design documents, written construction design specifications, equipment and hardware selections, construction cost estimates, construction support and project management.

SELECT EXPERIENCE
HIGH DESERT MENTAL HEALTH URGENT CARE CLINIC – LANCASTER, CA

CITY OF LONG BEACH, PROPERTY AND CRIME LAB, LONG BEACH, CA ORANGE COUNTY PUBLIC WORKS, GATES BUILDING 2 ND AND 4TH FLOOR

TENANT IMPROVEMENTS
APPLIED MAGNETICS, CLEAN ROOM AND LABS – SANTA BARBARA, CA CONEXANT SYSTEMS, MT. EVEREST AND K2 CENTRAL PLANTS –

NEWPORT BEACH, CA
DISNEYLAND VILLAGE HAUS, KITCHEN RENOVATION PROJECT –

ANAHEIM, CA
CALIFORNIA INSTITUTE OF TECHNOLOGY, KECK BUILDING WANG LAB –

PASADENA, CA
P2S, INC.
114
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K. APPENDIX

SELECT EXPERIENCE
HIGH DESERT MENTAL HEALTH URGENT CARE CLINIC – LANCASTER, CA CITY OF LONG BEACH PROPERTY AND CRIME LAB – LONG BEACH, CA

COUNTY OF LOS ANGELES, VAN NUYS ADMINISTRATION CENTER
UPGRADES – VAN NUYS, CA
ORANGE COUNTY FIRE AUTHORITY, LADERA FIRE STATION #58 –

LADERA RANCH, CA
ORANGE COUNTY PUBLIC WORKS, GATES BUILDING 2 ND AND 4TH FLOOR TENANT IMPROVEMENTS – SANTA ANA, CA
ORANGE COUNTY PUBLIC WORKS DATA CENTER UPGRADE –

SANTA ANA, CA

CAL POLY SAN LUIS OBISPO, LEED GOLD STUDENT RECREATION CENTER – SAN LUIS OBISPO, CA

ROLANDO DOMINGO
senior plumbing engineer
years of
experience31

EDUCATION AND CERTIFICATIONS
Rolando Domingo has 31 years of experience in engineering design, specifications, and construction support of plumbing and fire protection systems.

His responsibilities have included the design of schools, hotels, healthcare facilities, commercial buildings, computer and electronic facilities, manufacturing plants, aerospace, and military hangars. Rolando has served as project manager and design engineer on various Plumbing System design projects with duties encompassing determination of project scope, design criteria, coordination with the client and project team, provision of construction design documents, written construction design specifications, equipment selections, construction cost estimates, construction support, and project management.

BS, Mechanical Engineering, Bulacan
State University, Philippines, 1990
Mechanical Engineer, California,
M38758
P2S, INC.
115
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K. APPENDIX

SELECT EXPERIENCE
THE BOEING COMPANY, DATA CENTER UPGRADES – SEAL BEACH, CA THE BOEING COMPANY, FUTURE COMBAT SYSTEM –

HUNTINGTON BEACH, CA
THE BOEING COMPANY, BUILDING 41-1 METROLOGY LAB MODIFICATIONS – ANAHEIM, CA
THE BOEING COMPANY, B531 ARC FLASH STUDY UPDATES – MESA, AZ NORTHROP GRUMMAN AEROSPACE, D1 R&T LAB PROJECT –

REDONDO BEACH, CA
THE AEROSPACE CORPORATION, ATS & UPS REPLACEMENT –

EL SEGUNDO, CA
THE AEROSPACE CORPORATION, GENERATOR REPLACEMENT –

EL SEGUNDO, CA

JACK SINGH
principal, senior eletrical engineer
years of
experience29

EDUCATION AND CERTIFICATIONS
BS, Electrical Engineering, Punjab
State University, India, 1986
Electrical Engineer, California, E16124
Jack Singh has over 29 years of experience in consulting engineering.

His project experience has involved a broad range of facilities including projects for port authorities, universities, aerospace, petrochemical, and public sector firms. His experience in the electrical engineering field has encompassed a variety of design and analysis projects involving industrial, institutional and commercial power and lighting systems, backup power systems, communication systems, and fire / life safety systems. Jack also has considerable experience as a project manager and providing construction administration services on different projects.

P2S, INC.
116
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K. APPENDIX

SELECT EXPERIENCE
SOUTH CAROLINA SVP SECURE TREATMENT FACILITY DB – COLUMBIA, SC $34 MILLION
GSA WILSHIRE FEDERAL BUILDING VBA 3RD FLOOR TI – LOS ANGELES, CA $3 MILLION
GSA 1340 W 6TH STREET REPAIR & ALTERATIONS DB – LOS ANGELES, CA $6.5 MILLION

MLK COMMUNITY HOSPITAL MARK RIDLEY-THOMAS BEHAVIORAL CENTER DB – LOS ANGELES, CA
$335 MILLION
USPS LOS ANGELES FINANCE STATION DB – LOS ANGELES, CA

COST UNKNOWN
LACDPW RUTH TEMPLE HEALTH CENTER – LOS ANGELES, CA

COST UNKNOWN
METROPOLITAN WATER DISTRICT BUILDING 50 – LA VERNE, CA

COST UNKNOWN
Steven brings a wealth of experience in the fire protection industry, working with design/construction teams to achieve compliance with California Building and Fire Codes, International Building and Fire Codes, NFPA codes/ standards, and Federal Unified Facilities Criteria (UFC). His portfolio includes work on civic and government buildings, hospitals and healthcare facilities, higher education campuses, life science campuses, courthouses, correctional facilities, mixed-use high-rise developments, corporate office campuses, industrial facilities, and public assembly venues among other project types.

Steven specializes in assisting design teams, construction teams, owners, and end-users with fire protection solutions which satisfy code requirements and Owner-driven goals.

STEVEN DANNAWAY pe, dbia
prncipal, fire protection engineering
years of
experience12

EDUCATION AND CERTIFICATIONS
MS, Mechanical Engineering, UCLA
BA, Physics, Claremont McKenna
College
Certified Design-Build Professional,
Design-Build Institute of America
(DBIA)
CA PE, Fire Protection, #FP1868
CA PE, Mechanical, #M36601

COFFMAN
117
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
FONTANA CITY HALL ANNEXFONTANA CITY HALL ANNEX 444 420 03-Aug-23 A07-May-25 PRECONSTRUCTIONPRECONSTRUCTION 444 420 03-Aug-23 A07-May-25 RFP SUMITTAL, REVIEW & AWARDRFP SUMITTAL, REVIEW & AWARD 444 420 03-Aug-23 A07-May-25 PRE 1000 DESIGN BUILD SUBMISSION - PENTA / CARRIER JOHNSON0 0 03-Aug-23 A PRE 1010 FONTANA REVIEW SUBMISSION 33 9 03-Aug-23 A19-Sep-23 PRE 1040 CITY COUNCIL APPROVAL 1 1 26-Sep-23*26-Sep-23
PRE 1030 AWARD OF CONTRACT 13 13 27-Sep-23 13-Oct-23
PRE 1050 NOTICE TO PROCEED 0 0 16-Oct-23
PRE 1090 EARLY DEMOLITION PERMIT 20 20 16-Oct-23 13-Nov-23 PRE 1080 CONSTRUCTION DURATION 323 323 14-Nov-2326-Feb-25 PRE 1100 EARLY GRADING PERMIT 20 20 14-Nov-2313-Dec-23
PRE 1110 EARLY STRUCTURAL PACKAGE 20 20 14-Dec-23 12-Jan-24 PRE 1070 SUBSTANTIAL COMPLETION 0 0 26-Feb-25
PRE 1060 PROJECT FINAL 0 0 07-May-25
DESIGNDESIGN 140 140 27-Sep-23 17-Apr-24
DES1050 SD DESIGN DEVELOPMENT 100% 15 15 27-Sep-23 17-Oct-23 DES1110 TOPO/DESIGN SITE SURVEY 15 15 27-Sep-23 17-Oct-23 DES1060 SD DESIGN DEVELOPMENT 100% - FONTANA REVIEW & APPROVAL5 5 18-Oct-23 24-Oct-23 DES1070 DD DESIGN DEVELOPMENT 100% 25 25 25-Oct-23 01-Dec-23 DES1080 DD DESIGN DEVELOPMENT 100 - FONTANA REVIEW & APPROVAL5 5 04-Dec-2308-Dec-23 DES1000 CONSTRUCTION DOCUMENTS 50% 25 25 11-Dec-23 16-Jan-24 DES1010 CONSTRUCTION DOCUMENTS 50% - FONTANA REVIEW & APPROVAL5 5 17-Jan-24 23-Jan-24 DES1020 CONSTRUCTION DOCUMENTS - 100% 10 10 24-Jan-24 06-Feb-24 DES1040 FONTANA B&S PLAN CHECK - 100% CDS 20 20 07-Feb-24 06-Mar-24 DES1100 A/E PICK UP AGENCY REVIEW COMMENTS10 10 07-Mar-24 20-Mar-24 DES1030 BACK CHECK AGENCY REVIEW #01 15 15 21-Mar-24 10-Apr-24 DES1090 CONSTRUCTION DOCUMENTS - PERMIT ISSUED5 5 11-Apr-24 17-Apr-24 SUBCONTRACTOR BID & AWARDSUBCONTRACTOR BID & AWARD 132 132 16-Oct-23 24-Apr-24 SUBC 1 - 1010 EARLY BID PACKAGE BID & AWARD - DEMO / GRADING / UTILITIES / STRUCTURAL - 110 10 16-Oct-23 27-Oct-23 SUBC 1 - 1000 SUBCONTRACTOR BID & AWARD - BID PACKAGE 215 15 24-Jan-24 13-Feb-24 SUBC 2 - 1010 SUBCONTRACTOR BID & AWARD - BID PACKAGE 315 15 14-Feb-24 06-Mar-24 SUBC 3 - 1020 SUBCONTRACTOR BID & AWARD - BID PACKAGE 415 15 07-Mar-24 27-Mar-24 SUBCONTRACTOR BUYOUTSUBCONTRACTOR BUYOUT 50 50 14-Feb-24 24-Apr-24 BUY 1010 ELECTRICAL & LOW-VOLTAGE 5 5 14-Feb-24 21-Feb-24 BUY 1020 HVAC & PLUMBING 5 5 14-Feb-24 21-Feb-24
BUY 1040 CONCRETE 5 5 14-Feb-24 21-Feb-24
BUY 1050 STRUCTURAL STEEL 5 5 14-Feb-24 21-Feb-24
BUY 1060 SITE UTILITES / EARTHWORK 5 5 14-Feb-24 21-Feb-24 BUY 1070 METAL DECKING 5 5 14-Feb-24 21-Feb-24
BUY 1120 SHEET METAL AND FLASHING 5 5 14-Feb-24 21-Feb-24 BUY 1250 ELEVATOR 5 5 14-Feb-24 21-Feb-24
BUY 1090 MASONARY 5 5 07-Mar-24 13-Mar-24
BUY 1130 ROOFING 5 5 07-Mar-24 13-Mar-24
BUY 1140 DOORS AND HARDWARE 5 5 07-Mar-24 13-Mar-24
BUY 1150 GLAZING 5 5 07-Mar-24 13-Mar-24
BUY 1190 CEMENT FIBER PANELS 5 5 07-Mar-24 13-Mar-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
07-May-25, FONTANA CITY HALL ANNEX
07-May-25, PRECONSTRUCTION
07-May-25, RFP SUMITTAL, REVIEW & AWARD

DESIGN BUILD SUBMISSION - PENTA / CARRIER JOHNSON

FONTANA REVIEW SUBMISSION

CITY COUNCIL APPROVAL

AWARD OF CONTRACT

NOTICE TO PROCEED

EARLY DEMOLITION PERMIT

CONSTRUCTION DURATION

EARLY GRADING PERMIT

EARLY STRUCTURAL PACKAGE

SUBSTANTIAL COMPLETION

PROJECT FINAL
17-Apr-24, DESIGN
SD DESIGN DEVELOPMENT 100%

TOPO/DESIGN SITE SURVEY
SD DESIGN DEVELOPMENT 100% - FONTANA REVIEW & APPROVAL DD DESIGN DEVELOPMENT 100%
DD DESIGN DEVELOPMENT 100 - FONTANA REVIEW & APPROVAL
CONSTRUCTION DOCUMENTS 50%
CONSTRUCTION DOCUMENTS 50% - FONTANA REVIEW & APPROVAL CONSTRUCTION DOCUMENTS - 100%
FONTANA B&S PLAN CHECK - 100% CDS

A/E PICK UP AGENCY REVIEW COMMENTS
BACK CHECK AGENCY REVIEW #01

CONSTRUCTION DOCUMENTS - PERMIT ISSUED
24-Apr-24, SUBCONTRACTOR BID & AWARD
EARLY BID PACKAGE BID & AWARD - DEMO / GRADING / UTILITIES / STRUCTURAL - 1 SUBCONTRACTOR BID & AWARD - BID PACKAGE 2
SUBCONTRACTOR BID & AWARD - BID PACKAGE 3
SUBCONTRACTOR BID & AWARD - BID PACKAGE 4
24-Apr-24, SUBCONTRACTOR BUYOUT

ELECTRICAL & LOW-VOLTAGE

HVAC & PLUMBING

CONCRETE

STRUCTURAL STEEL

SITE UTILITES / EARTHWORK

METAL DECKING

SHEET METAL AND FLASHING

ELEVATOR

MASONARY

ROOFING

DOORS AND HARDWARE

GLAZING

CEMENT FIBER PANELS

FONTANA CITY HALL ANNEX

Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 1 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
118
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
BUY 1220 ACOUSTIC TILE 5 5 07-Mar-24 13-Mar-24
BUY 1100 MILLWORK 5 5 14-Mar-24 20-Mar-24
BUY 1110 DRYWALL AND INSULATION 5 5 14-Mar-24 20-Mar-24 BUY 1160 SIGNAGE 5 5 14-Mar-24 20-Mar-24
BUY 1170 LANDSCAPING 5 5 21-Mar-24 27-Mar-24
BUY 1180 PAVEMENT MARKINGS 5 5 21-Mar-24 27-Mar-24
BUY 1260 SITE CONCRETE & PAVONG 5 5 28-Mar-24 03-Apr-24 BUY 1200 PAINT 5 5 11-Apr-24 17-Apr-24
BUY 1210 FLOORING 5 5 11-Apr-24 17-Apr-24
BUY 1230 TILING 5 5 11-Apr-24 17-Apr-24
BUY 1240 TOILET ACCESSORIES 5 5 18-Apr-24 24-Apr-24
PROCUREMENTPROCUREMENT 125 125 22-Feb-24 16-Aug-24
SUBMITTALSSUBMITTALS 50 50 22-Feb-2401-May-24
SUB 1000 CONCRETE & REBAR - EARLY RELEASE 10 10 22-Feb-24 06-Mar-24 SUB 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)20 20 22-Feb-24 20-Mar-24 SUB 1020 HVAC & PLUMBING - EARLY RELEASE 10 10 22-Feb-24 06-Mar-24 SUB 1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE10 10 22-Feb-24 06-Mar-24 SUB 1040 UNDERGROUND UTILITIES - EARLY RELEASE10 10 22-Feb-24 06-Mar-24 SUB 1080 SHEET METAL AND FLASHING 5 5 22-Feb-24 28-Feb-24 SUB 1160 ELEVATOR SHOP DRAWINGS 30 30 22-Feb-24 03-Apr-24 SUB 1270 METAL DECKING 15 15 22-Feb-24 13-Mar-24
SUB 1260 STRUCTURAL STEEL SHOP DRAWINGS 15 15 29-Feb-24 20-Mar-24 SUB 1090 MEMBRANE ROOFING 5 5 14-Mar-24 20-Mar-24
SUB 1100 DOORS & FRAMES 5 5 14-Mar-24 20-Mar-24
SUB 1110 GLAZING 20 20 14-Mar-24 10-Apr-24
SUB 1140 ACOUSTIC CEILINGS 5 5 14-Mar-24 20-Mar-24
SUB 1210 MASONARY 10 10 14-Mar-24 27-Mar-24
SUB 1050 SIGNAGE 20 20 21-Mar-24 17-Apr-24
SUB 1070 MILLWORK 20 20 21-Mar-24 17-Apr-24
SUB 1120 CEMENT FIBER PANELS & DRYWALL 15 15 21-Mar-24 10-Apr-24 SUB 1220 LANDSCAPING 10 10 28-Mar-24 10-Apr-24
SUB 1230 PAVEMENT MARKINGS 5 5 28-Mar-24 03-Apr-24
SUB 1200 SITE CONCRETE & PAVING 5 5 04-Apr-24 10-Apr-24 SUB 1130 TILE 5 5 18-Apr-24 24-Apr-24
SUB 1150 FLOORING 5 5 18-Apr-24 24-Apr-24
SUB 1240 PAINT 5 5 18-Apr-24 24-Apr-24
SUB 1250 TOILET ACCESSORIES 5 5 25-Apr-24 01-May-24
APPROVALSAPPROVALS 50 50 29-Feb-2408-May-24
APP 1080 SHEET METAL AND FLASHING 5 5 29-Feb-24 06-Mar-24 APP 1000 CONCRETE & REBAR - EARLY RELEASE 5 5 07-Mar-24 13-Mar-24 APP 1020 PLUMBING - EARLY RELEASE 5 5 07-Mar-24 13-Mar-24 APP 1040 UNDERGROUND UTILITIES - EARLY RELEASE5 5 07-Mar-24 13-Mar-24 APP 1180 HVAC 5 5 07-Mar-24 13-Mar-24
APP1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE5 5 07-Mar-24 13-Mar-24 APP 1260 METAL DECKING SHOP DRAWINGS 5 5 14-Mar-24 20-Mar-24 APP 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLT/TEMPLATES)5 5 21-Mar-24 27-Mar-24 APP 1090 MEMBRANE ROOFING 5 5 21-Mar-24 27-Mar-24
APP 1100 DOORS & FRAMES 5 5 21-Mar-24 27-Mar-24
APP 1140 ACOUSTIC CEILINGS 5 5 21-Mar-24 27-Mar-24
APP 1250 STRUCTURAL STEEL SHOP DRAWINGS 5 5 21-Mar-24 27-Mar-24 APP 1220 MASONARY 5 5 28-Mar-24 03-Apr-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

ACOUSTIC TILE

MILLWORK

DRYWALL AND INSULATION

SIGNAGE

LANDSCAPING

PAVEMENT MARKINGS

SITE CONCRETE & PAVONG
PAINT

FLOORING
TILING

TOILET ACCESSORIES
16-Aug-24, PROCUREMENT
01-May-24, SUBMITTALS

CONCRETE & REBAR - EARLY RELEASE

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)

HVAC & PLUMBING - EARLY RELEASE

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE

SHEET METAL AND FLASHING

ELEVATOR SHOP DRAWINGS

METAL DECKING

STRUCTURAL STEEL SHOP DRAWINGS

MEMBRANE ROOFING

DOORS & FRAMES

GLAZING

ACOUSTIC CEILINGS

MASONARY

SIGNAGE

MILLWORK

CEMENT FIBER PANELS & DRYWALL

LANDSCAPING

PAVEMENT MARKINGS

SITE CONCRETE & PAVING
TILE

FLOORING
PAINT

TOILET ACCESSORIES
08-May-24, APPROVALS

SHEET METAL AND FLASHING

CONCRETE & REBAR - EARLY RELEASE

PLUMBING - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE
HVAC

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

METAL DECKING SHOP DRAWINGS

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLT/TEMPLATES)

MEMBRANE ROOFING

DOORS & FRAMES

ACOUSTIC CEILINGS

STRUCTURAL STEEL SHOP DRAWINGS

MASONARY
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 2 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
119
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
APP 1240 PAVEMENT MARKINGS 5 5 04-Apr-24 10-Apr-24
APP 1270 ELEVATOR APPROVALS 5 5 04-Apr-24 10-Apr-24
APP 1060 METAL FRAMING 5 5 11-Apr-24 17-Apr-24
APP 1110 GLAZING 5 5 11-Apr-24 17-Apr-24
APP 1120 CEMENT FIBER PANELS & DRYWALL 5 5 11-Apr-24 17-Apr-24 APP 1200 SITE CONCRETE & PAVING 5 5 11-Apr-24 17-Apr-24 APP 1230 LANDSCAPING 5 5 11-Apr-24 17-Apr-24
APP 1070 MILLWORK 5 5 18-Apr-24 24-Apr-24
APP 1190 FIRE LIFE SAFETY 5 5 18-Apr-24 24-Apr-24
APP 1210 SIGNAGE 5 5 18-Apr-24 24-Apr-24
APP 1130 TILE 5 5 25-Apr-24 01-May-24
APP 1150 FLOORING 5 5 25-Apr-24 01-May-24
APP 1050 TOILET ACCESSORIES 5 5 02-May-2408-May-24
APP 1160 PAINT 5 5 02-May-2408-May-24
FABRICA TION & LEAD TIMEFABRICA TION & LEAD TIME 115 115 07-Mar-24 16-Aug-24 PROC 1080 SHEET METAL AND FLASHING 20 20 07-Mar-24 03-Apr-24 PROC 1000 CONCRETE & REBAR - EARLY RELEASE 10 10 14-Mar-24 27-Mar-24 PROC 1020 PLUMBING - EARLY RELEASE 30 30 14-Mar-24 24-Apr-24 PROC 1030 ELECTRICAL & LOW VOLTAGE - EARLY RELEASE45 45 14-Mar-2415-May-24 PROC 1040 UNDERGROUND UTILITIES - EARLY RELEASE20 20 14-Mar-24 10-Apr-24 PROC 1180 HVAC 45 45 14-Mar-2415-May-24
PROC 1260 METAL DECK 30 30 21-Mar-2401-May-24
PROC 1010 STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)30 30 28-Mar-2408-May-24 PROC 1090 MEMBRANE ROOFING 20 20 28-Mar-24 24-Apr-24
PROC 1100 DOORS & FRAMES 30 30 28-Mar-2408-May-24
PROC 1140 ACOUSTIC CEILINGS 20 20 28-Mar-24 24-Apr-24
PROC 1250 STRUCTURAL STEEL COLUMNS AND BEAMS25 25 28-Mar-2401-May-24 PROC 1230 MASONARY 15 15 04-Apr-24 24-Apr-24
PROC 1240 PAVEMENT MARKINGS 5 5 11-Apr-24 17-Apr-24
PROC 1270 ELEVATOR PROCUREMENT 90 90 11-Apr-24 16-Aug-24 PROC 1050 LANDSCAPING 30 30 18-Apr-24 30-May-24
PROC 1060 METAL FRAMING 10 10 18-Apr-24 01-May-24
PROC 1110 GLAZING/CEMENT FIBER PANELS 30 30 18-Apr-24 30-May-24 PROC 1120 DRYWALL 15 15 18-Apr-24 08-May-24
PROC 1200 SITE CONCRETE 20 20 18-Apr-24 15-May-24
PROC 1070 MILLWORK 20 20 25-Apr-24 22-May-24
PROC 1190 FIRE LIFE SAFETY 20 20 25-Apr-24 22-May-24
PROC 1220 SIGNAGE 15 15 25-Apr-24 15-May-24
PROC 1130 TILE 20 20 02-May-2430-May-24
PROC 1150 FLOORING 20 20 02-May-2430-May-24
PROC 1160 PAINT 10 10 09-May-2422-May-24
PROC 1210 TOILET ACCESSORIES 10 10 09-May-2422-May-24
CONSTRUCTIONCONSTRUCTION 373 373 14-Nov-2307-May-25
SHELL & CORESHELL & CORE 196 196 14-Nov-2322-Aug-24
MOBILIZA TIONMOBILIZA TION 10 10 14-Nov-2329-Nov-23
S1000 MOBILIZATION 5 5 14-Nov-2320-Nov-23
S1010 SITE FENCING & SWPP 5 5 21-Nov-2329-Nov-23
S1020 UNDERGROUND UTILITY INVESTIGATION 5 5 21-Nov-2329-Nov-23 SITE DEMO & GRADINGSITE DEMO & GRADING 23 23 30-Nov-23 03-Jan-24 S1025 ROUGH SURVEY 3 3 30-Nov-2304-Dec-23
S1030 SITE DEMOLITION 10 10 30-Nov-2313-Dec-23
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PAVEMENT MARKINGS

ELEVATOR APPROVALS

METAL FRAMING

GLAZING

CEMENT FIBER PANELS & DRYWALL

SITE CONCRETE & PAVING

LANDSCAPING

MILLWORK

FIRE LIFE SAFETY

SIGNAGE
TILE

FLOORING

TOILET ACCESSORIES
PAINT
16-Aug-24, FABRICATION & LEAD TIME

SHEET METAL AND FLASHING

CONCRETE & REBAR - EARLY RELEASE

PLUMBING - EARLY RELEASE

ELECTRICAL & LOW VOLTAGE - EARLY RELEASE

UNDERGROUND UTILITIES - EARLY RELEASE
HVAC

METAL DECK

STRUCTURAL STEEL - EARLY RELEASE (ANCHOR BOLTS/TEMPLATES)

MEMBRANE ROOFING

DOORS & FRAMES

ACOUSTIC CEILINGS

STRUCTURAL STEEL COLUMNS AND BEAMS

MASONARY

PAVEMENT MARKINGS

ELEVATOR PROCUREMENT

LANDSCAPING

METAL FRAMING

GLAZING/CEMENT FIBER PANELS

DRYWALL

SITE CONCRETE

MILLWORK

FIRE LIFE SAFETY

SIGNAGE
TILE

FLOORING
PAINT

TOILET ACCESSORIES
07-May-25, CONSTRUCTION
22-Aug-24, SHELL & CORE
29-Nov-23, MOBILIZATION

MOBILIZATION

SITE FENCING & SWPP

UNDERGROUND UTILITY INVESTIGATION
03-Jan-24, SITE DEMO & GRADING

ROUGH SURVEY

SITE DEMOLITION
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 3 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
120
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
S1040 PRE-GRADING MEETING 1 1 13-Dec-2313-Dec-23
S1050 OVER EXCAVATION & RECOMPACTION/ FINE GRADE10 10 14-Dec-2328-Dec-23 S1070 PAD CERTIFICATION 1 1 28-Dec-2328-Dec-23
S1680 BUILDING CORNER SURVEY 5 5 28-Dec-23 03-Jan-24
UNDERGROUND MEPSUNDERGROUND MEPS 13 13 29-Dec-23 17-Jan-24 S1100 BELOW SLAB ELECTRICAL LAYOUT 4 4 29-Dec-23 04-Jan-24 S1110 UNDERSLAB SS LAYOUT 1 1 04-Jan-24 04-Jan-24
S1080 LAYOUT FOR ELECTRICAL ROOM 1 1 04-Jan-24 05-Jan-24 S1090 LAYOUT FOR SERVER ROOM 1 1 08-Jan-24 08-Jan-24
S1140 EXCAVATE/INSTALL TELECOMM CONDUIT 4 4 09-Jan-24 12-Jan-24 S1130 EXCAVATE/INSTALL ELECTRICAL CONDUIT3 3 15-Jan-24 17-Jan-24 FOUNDA TION & SLAB ON GRADEFOUNDA TION & SLAB ON GRADE 71 71 17-Jan-24 26-Apr-24 S1170 EXCAVATE FOUNDATIONS 10 10 17-Jan-24 31-Jan-24
S1520 UNDERSLAB SS PIPING INSTALL 10 10 18-Jan-24 31-Jan-24 S1250 UNDERSLAB PIPING PRESSURE TEST 2 2 30-Jan-24 31-Jan-24 S1200 FOOTING REINFORCING / INSPECTION / CONCRETE PLACEMENT15 15 01-Feb-24 22-Feb-24 S1320 BACKFILL TRENCHES 10 10 01-Feb-24 14-Feb-24
S1420 UNDERSLAB ELECTRICAL CONDUIT INSTALL8 8 16-Feb-24 28-Feb-24 S1180 BOLT TEMPLATES & INSPECTIONS 6 6 29-Feb-24 07-Mar-24 S1190 INSTALL SS SLEEVES 2 2 06-Mar-24 07-Mar-24
S1210 ANCHOR BOLT TEMPLATE SIGN OFF 1 1 08-Mar-24 08-Mar-24 S1220 POUR FOUNDATIONS 2 2 11-Mar-24 12-Mar-24
S1660 FOOTINGS TO 75% DESIGN STRENGTH - STEEL ERECTION15 15 12-Mar-24 27-Mar-24 S1240 GRADE & VAPOR BARRIER 10 10 13-Mar-24 26-Mar-24
S1260 FORM EDGE SLAB/BLOCKOUTS 6 6 19-Mar-24 26-Mar-24
S1270 FORM/POUR CURBS 6 6 27-Mar-24 03-Apr-24
S1280 SET MEP SLAB PENETRATIONS 4 4 27-Mar-24 01-Apr-24 S1290 REBAR & INSPECTIONS 8 8 28-Mar-24 08-Apr-24
S1230 UNDERSLAB SS PIPING EXCAVATE/INSTALL6 6 09-Apr-24 16-Apr-24 S1330 POUR SLAB ON GRADE 2 2 17-Apr-24 18-Apr-24
S1670 SAWCUT JOINTS 2 2 18-Apr-24 20-Apr-24
S1690 STRIP FORMS/CLEAN UP 6 6 19-Apr-24 26-Apr-24
BUILDING EXTERIOR & ROOFBUILDING EXTERIOR & ROOF 79 79 02-May-2422-Aug-24 S1300 DELIVERY OF STEEL 2 2 02-May-2403-May-24
S1340 SURVEY / LAYOUT GRIDLINES STRUCTURAL STEEL START4 4 06-May-2409-May-24 S1360 ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 115 15 10-May-2431-May-24 S1370 ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 2 / ROOF16 16 03-Jun-24 24-Jun-24 S1380 METAL DECK / CONCRETE LEVEL 1 5 5 25-Jun-24 01-Jul-24 S1480 LEVEL EQUIPMENT PADS 5 5 25-Jun-24 01-Jul-24
S1570 MEMBRANE ROOFING AND SHEET METAL 15 15 25-Jun-24 16-Jul-24 S1470 WALL FRAMING GROUND LEVEL 20 20 01-Jul-24 25-Jul-24 S1600 HVAC ROOF TOP UNITS 5 5 10-Jul-24 16-Jul-24
S1620 ROOF ELECTRICAL 5 5 17-Jul-24 23-Jul-24
S1500 WALL FRAMING LEVEL 2 20 20 26-Jul-24 22-Aug-24
EXTERIOR ENVELOPEEXTERIOR ENVELOPE 41 41 25-Jun-24 21-Aug-24 CURTAINWALL INSTALLATION NORTHCURTAINWALL INSTALLATION NORTH 34 34 25-Jun-24 12-Aug-24 CW - 1320 LAYOUT 2 2 25-Jun-24 26-Jun-24
CW - 1330 WELD CLIPS AT FLOORS 5 5 27-Jun-24 03-Jul-24
CW - 1340 CURTAINWALL/CEMENT PANEL FRAMING 10 10 05-Jul-24 18-Jul-24 CW - 1350 MEASURE FOR GLASS 2 2 19-Jul-24 22-Jul-24
CW - 1360 INSTALL GLASS/CEMENT PANEL 10 10 23-Jul-24 05-Aug-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PRE-GRADING MEETING

OVER EXCAVATION & RECOMPACTION/ FINE GRADE

PAD CERTIFICATION

BUILDING CORNER SURVEY
17-Jan-24, UNDERGROUND MEPS

BELOW SLAB ELECTRICAL LAYOUT

UNDERSLAB SS LAYOUT

LAYOUT FOR ELECTRICAL ROOM

LAYOUT FOR SERVER ROOM

EXCAVATE/INSTALL TELECOMM CONDUIT

EXCAVATE/INSTALL ELECTRICAL CONDUIT
26-Apr-24, FOUNDATION & SLAB ON GRADE

EXCAVATE FOUNDATIONS

UNDERSLAB SS PIPING INSTALL

UNDERSLAB PIPING PRESSURE TEST

FOOTING REINFORCING / INSPECTION / CONCRETE PLACEMENT

BACKFILL TRENCHES

UNDERSLAB ELECTRICAL CONDUIT INSTALL

BOLT TEMPLATES & INSPECTIONS

INSTALL SS SLEEVES

ANCHOR BOLT TEMPLATE SIGN OFF

POUR FOUNDATIONS
FOOTINGS TO 75% DESIGN STRENGTH - STEEL ERECTION

GRADE & VAPOR BARRIER

FORM EDGE SLAB/BLOCKOUTS

FORM/POUR CURBS

SET MEP SLAB PENETRATIONS

REBAR & INSPECTIONS

UNDERSLAB SS PIPING EXCAVATE/INSTALL

POUR SLAB ON GRADE

SAWCUT JOINTS

STRIP FORMS/CLEAN UP
22-Aug-24, BUILDING EXTERIOR & ROOF

DELIVERY OF STEEL

SURVEY / LAYOUT GRIDLINES STRUCTURAL STEEL START
ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 1
ERECT STRUCTURAL STEEL FRAME / STAIRS LEVEL 2 / ROOF
METAL DECK / CONCRETE LEVEL 1

LEVEL EQUIPMENT PADS

MEMBRANE ROOFING AND SHEET METAL

WALL FRAMING GROUND LEVEL

HVAC ROOF TOP UNITS

ROOF ELECTRICAL
WALL FRAMING LEVEL 2
21-Aug-24, EXTERIOR ENVELOPE
12-Aug-24, CURTAINWALL INSTALLATION NORTH
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 4 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
121
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
CW - 1370 CAULK 5 5 06-Aug-2412-Aug-24
CURTAINWALL INSTALLATION SOUTHCURTAINWALL INSTALLATION SOUTH 34 34 05-Jul-24 21-Aug-24 CW - 1380 LAYOUT 2 2 05-Jul-24 08-Jul-24
CW - 1390 WELD CLIPS AT FLOORS 5 5 09-Jul-24 15-Jul-24
CW - 1400 CURTAINWALL/CEMENT PANEL FRAMING 10 10 16-Jul-24 29-Jul-24 CW - 1410 MEASURE FOR GLASS 2 2 30-Jul-24 31-Jul-24
CW - 1420 INSTALL GLASS/CEMENT PANEL 10 10 01-Aug-2414-Aug-24 CW - 1440 CAULK 5 5 15-Aug-2421-Aug-24
CURTAINWALL INSTALLATION EASTCURTAINWALL INSTALLATION EAST 19 19 16-Jul-24 09-Aug-24 CW - 3060 LAYOUT 2 2 16-Jul-24 17-Jul-24
CW - 3070 WELD CLIPS AT FLOORS 5 5 18-Jul-24 24-Jul-24
CW - 3080 CURTAINWALL/CEMENT PANEL FRAMING 10 10 25-Jul-24 07-Aug-24 CW - 3090 MEASURE FOR GLASS 2 2 25-Jul-24 26-Jul-24
CW - 3100 INSTALL GLASS/CEMENT PANEL 7 7 29-Jul-24 06-Aug-24 CW - 3120 CAULK 3 3 07-Aug-2409-Aug-24
CURTAINWALL INSTALLATION WESTCURTAINWALL INSTALLATION WEST 19 19 25-Jul-24 20-Aug-24 CW - 3130 LAYOUT 2 2 25-Jul-24 26-Jul-24
CW - 3140 WELD CLIPS AT FLOORS 5 5 29-Jul-24 02-Aug-24
CW - 3150 CURTAINWALL/CEMENT PANEL FRAMING 10 10 05-Aug-2416-Aug-24 CW - 3160 MEASURE FOR GLASS 2 2 05-Aug-2406-Aug-24
CW - 3170 INSTALL GLASS/CEMENT PANEL 7 7 07-Aug-2415-Aug-24 CW - 3180 CAULK 3 3 16-Aug-2420-Aug-24
INTERIORSINTERIORS 87 87 26-Jul-24 27-Nov-24
ROUGH IN OVEREAD GROUND LEVELROUGH IN OVEREAD GROUND LEVEL 14 14 26-Jul-24 14-Aug-24 B1030 HVAC ROUGH OVERHEAD 10 10 26-Jul-24 08-Aug-24
B1040 PLUMBING ROUGH OVERHEAD 10 10 26-Jul-24 08-Aug-24 B1050 ELECTRICAL ROUGH OVERHEAD 10 10 01-Aug-2414-Aug-24 B1060 FIRE LIFE SAFETY ROUGH OVERHEAD 10 10 01-Aug-2414-Aug-24 B1100 PLUMBING ROUGH INSPECTION 1 1 08-Aug-2408-Aug-24
B1110 HVAC ROUGH INSPECTION 1 1 08-Aug-2408-Aug-24
B1090 ELECTRICAL ROUGH INSPECTION 1 1 14-Aug-2414-Aug-24 B1120 FIRE LIFE SAFETY INSPECTION 1 1 14-Aug-2414-Aug-24 INTERIOR BUILD OUT GROUND LEVELINTERIOR BUILD OUT GROUND LEVEL 33 33 09-Aug-2425-Sep-24 INTLV1-1000 INSTALL HM DOOR FRAMES 5 5 09-Aug-2415-Aug-24 INTLV1-1020 IN-WALL INSULATION 5 5 13-Aug-2419-Aug-24
INTLV1-1040 DRYWALL 6 6 16-Aug-2423-Aug-24
INTLV1-1050 DRYWALL WALLS TAPING 8 8 21-Aug-2430-Aug-24 INTLV1-1060 PRIME AND 1ST COAT PAINT 6 6 29-Aug-2405-Sep-24 INTLV1-1070 INSTALL GLASS TRACK 2 2 03-Sep-2404-Sep-24
INTLV1-1080 INSTALL DOORS AND HARDWARE 4 4 05-Sep-2410-Sep-24 INTLV1-1090 INSTALL GLASS IN FRAMES 3 3 05-Sep-2409-Sep-24 INTLV1-1100 INSTALL SIGNAGE 2 2 05-Sep-2406-Sep-24
INTLV1-1110 FINISH TRIM FOR LIGHTING 4 4 06-Sep-2411-Sep-24 INTLV1-1120 INSTALL CEILING GRID 5 5 06-Sep-2412-Sep-24 INTLV1-1130 INSTALL GRILLES IN HARDLID 3 3 06-Sep-2410-Sep-24 INTLV1-1180 INSTALL LIGHT FIXTURES 5 5 10-Sep-2416-Sep-24 INTLV1-1190 INSTALL HVAC FIXTURES 5 5 10-Sep-2416-Sep-24 INTLV1-1200 INSTALL LOW VOLTAGE/SMOKE ALARMS 5 5 10-Sep-2416-Sep-24 INTLV1-1210 ELECTRICAL IN ACT CEILING 5 5 11-Sep-2417-Sep-24 INTLV1-1220 MILLWORK INSTALLATION 6 6 12-Sep-2419-Sep-24 INTLV1-1030 HVAC IN ACT CEILING 3 3 13-Sep-2417-Sep-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
CAULK
21-Aug-24, CURTAINWALL INSTALLATION SOUTH
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
09-Aug-24, CURTAINWALL INSTALLATION EAST
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
20-Aug-24, CURTAINWALL INSTALLATION WEST
LAYOUT

WELD CLIPS AT FLOORS

CURTAINWALL/CEMENT PANEL FRAMING

MEASURE FOR GLASS

INSTALL GLASS/CEMENT PANEL
CAULK
27-Nov-24, INTERIORS
14-Aug-24, ROUGH IN OVEREAD GROUND LEVEL

HVAC ROUGH OVERHEAD

PLUMBING ROUGH OVERHEAD

ELECTRICAL ROUGH OVERHEAD

FIRE LIFE SAFETY ROUGH OVERHEAD

PLUMBING ROUGH INSPECTION

HVAC ROUGH INSPECTION

ELECTRICAL ROUGH INSPECTION

FIRE LIFE SAFETY INSPECTION
25-Sep-24, INTERIOR BUILD OUT GROUND LEVEL

INSTALL HM DOOR FRAMES

IN-WALL INSULATION

DRYWALL

DRYWALL WALLS TAPING
PRIME AND 1ST COAT PAINT

INSTALL GLASS TRACK

INSTALL DOORS AND HARDWARE

INSTALL GLASS IN FRAMES

INSTALL SIGNAGE

FINISH TRIM FOR LIGHTING

INSTALL CEILING GRID

INSTALL GRILLES IN HARDLID

INSTALL LIGHT FIXTURES

INSTALL HVAC FIXTURES

INSTALL LOW VOLTAGE/SMOKE ALARMS

ELECTRICAL IN ACT CEILING

MILLWORK INSTALLATION

HVAC IN ACT CEILING
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 5 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
122
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INTLV1-1240 CEILING GRID INSPECTION 1 1 17-Sep-2417-Sep-24 INTLV1-1250 INSPECT MEPS ABOVE CEILING LINE 1 1 17-Sep-2417-Sep-24 INTLV1-1260 CARPET, LVT & BASE INSTALL 5 5 18-Sep-2424-Sep-24 INTLV1-1270 INSTALL COUNTERTOPS 1 1 20-Sep-2420-Sep-24
INTLV1-1280 PAINT FINAL COATS 3 3 23-Sep-2425-Sep-24
INTVL1-1290 FLUSH PLUMBING TRIM 1 1 23-Sep-2423-Sep-24
INTLV1-1300 INSTALL APPLIANCES 1 1 25-Sep-2425-Sep-24
RESTROOMS GROUND LEVELRESTROOMS GROUND LEVEL 33 33 03-Sep-24 17-Oct-24 B1560 DRYWALL 5 5 03-Sep-2409-Sep-24
B1570 MUD AND TAPE 5 5 10-Sep-2416-Sep-24
B1580 PRIME AND 1ST COAT 3 3 17-Sep-2419-Sep-24
B1590 WATERPROOFING 2 2 20-Sep-2423-Sep-24
B1600 FLOAT AND SET TILE IN RESTROOM 5 5 24-Sep-2430-Sep-24 B1650 WATERPROOFING FLOOD TEST 5 5 27-Sep-24 03-Oct-24
B1620 INSTALL SINKS 2 2 01-Oct-24 02-Oct-24
B1630 INSTALL TOILETS 2 2 01-Oct-24 02-Oct-24
B1660 FLOAT AND SET TILE ON WALLS 5 5 04-Oct-24 10-Oct-24 B1610 INSTALL ACCESSORIES 3 3 11-Oct-24 15-Oct-24
B1640 FINAL PAINT 2 2 16-Oct-24 17-Oct-24
ROUGH IN OVEREAD LEVEL 2ROUGH IN OVEREAD LEVEL 2 15 15 23-Aug-2413-Sep-24 B1480 HVAC ROUGH OVERHEAD 10 10 23-Aug-2406-Sep-24
B1490 PLUMBING ROUGH OVERHEAD 10 10 23-Aug-2406-Sep-24
B1500 ELECTRICAL ROUGH OVERHEAD 10 10 30-Aug-2413-Sep-24 B1510 FIRE LIFE SAFETY ROUGH OVERHEAD 10 10 30-Aug-2413-Sep-24 B1530 PLUMBING ROUGH INSPECTION 1 1 06-Sep-2406-Sep-24
B1540 HVAC ROUGH INSPECTION 1 1 06-Sep-2406-Sep-24
B1520 ELECTRICAL ROUGH INSPECTION 1 1 13-Sep-2413-Sep-24 B1550 FIRE LIFE SAFETY INSPECTION 1 1 13-Sep-2413-Sep-24 INTERIOR BUILD OUT LEVEL 2INTERIOR BUILD OUT LEVEL 2 36 36 09-Sep-24 28-Oct-24 INTLV2 -1000 INSTALL HM DOOR FRAMES 5 5 09-Sep-2413-Sep-24 INTLV2 - 1020 IN-WALL INSULATION 4 4 11-Sep-2416-Sep-24 INTLV2 - 1040 DRYWALL 6 6 17-Sep-2424-Sep-24
INTLV2 - 1050 DRYWALL WALLS TAPING 8 8 20-Sep-24 01-Oct-24 INTLV2 - 1060 PRIME AND 1ST COAT PAINT 6 6 30-Sep-24 05-Oct-24 INTLV2 - 1070 INSTALL GLASS TRACK 2 2 02-Oct-24 03-Oct-24 INTLV2 - 1080 INSTALL DOORS AND HARDWARE 5 5 04-Oct-24 10-Oct-24 INTLV2 - 1090 INSTALL GLASS IN FRAMES 3 3 04-Oct-24 08-Oct-24 INTLV2 - 1100 INSTALL SIGNAGE 2 2 04-Oct-24 07-Oct-24
INTLV2 - 1110 FINISH TRIM FOR LIGHTING 4 4 07-Oct-24 10-Oct-24 INTLV2 - 1120 INSTALL CEILING GRID 5 5 07-Oct-24 11-Oct-24 INTLV2 - 1130 INSTALL GRILLES IN HARDLID 3 3 07-Oct-24 09-Oct-24 INTLV2 - 1180 INSTALL LIGHT FIXTURES 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1190 INSTALL HVAC FIXTURES 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1200 INSTALL LOW VOLTAGE/SMOKE ALARMS 5 5 09-Oct-24 15-Oct-24 INTLV2 - 1140 HVAC FINISH 3 3 10-Oct-24 14-Oct-24
INTLV2 - 1150 ELECTRICAL FINISH 3 3 10-Oct-24 14-Oct-24 INTLV2 - 1160 FIRE LIFE SAFETY FINISH 3 3 10-Oct-24 14-Oct-24 INTLV2 - 1210 ELECTRICAL IN ACT CEILING 5 5 10-Oct-24 16-Oct-24 INTLV2 - 1220 MILLWORK INSTALLATION 6 6 11-Oct-24 18-Oct-24 INTLV2 - 1030 HVAC IN ACT CEILING 3 3 14-Oct-24 16-Oct-24 INTLV2 - 1230 CEILING TILES 2 2 15-Oct-24 16-Oct-24
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

CEILING GRID INSPECTION

INSPECT MEPS ABOVE CEILING LINE

CARPET, LVT & BASE INSTALL

INSTALL COUNTERTOPS

PAINT FINAL COATS

FLUSH PLUMBING TRIM

INSTALL APPLIANCES
17-Oct-24, RESTROOMS GROUND LEVEL

DRYWALL

MUD AND TAPE
PRIME AND 1ST COAT

WATERPROOFING

FLOAT AND SET TILE IN RESTROOM

WATERPROOFING FLOOD TEST

INSTALL SINKS

INSTALL TOILETS

FLOAT AND SET TILE ON WALLS

INSTALL ACCESSORIES

FINAL PAINT
13-Sep-24, ROUGH IN OVEREAD LEVEL 2

HVAC ROUGH OVERHEAD

PLUMBING ROUGH OVERHEAD

ELECTRICAL ROUGH OVERHEAD

FIRE LIFE SAFETY ROUGH OVERHEAD

PLUMBING ROUGH INSPECTION

HVAC ROUGH INSPECTION

ELECTRICAL ROUGH INSPECTION

FIRE LIFE SAFETY INSPECTION
28-Oct-24, INTERIOR BUILD OUT LEVEL 2

INSTALL HM DOOR FRAMES

IN-WALL INSULATION

DRYWALL

DRYWALL WALLS TAPING
PRIME AND 1ST COAT PAINT

INSTALL GLASS TRACK

INSTALL DOORS AND HARDWARE

INSTALL GLASS IN FRAMES

INSTALL SIGNAGE

FINISH TRIM FOR LIGHTING

INSTALL CEILING GRID

INSTALL GRILLES IN HARDLID

INSTALL LIGHT FIXTURES

INSTALL HVAC FIXTURES

INSTALL LOW VOLTAGE/SMOKE ALARMS

HVAC FINISH

ELECTRICAL FINISH

FIRE LIFE SAFETY FINISH

ELECTRICAL IN ACT CEILING

MILLWORK INSTALLATION

HVAC IN ACT CEILING

CEILING TILES
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 6 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
123
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INTLV2 - 1240 CEILING GRID INSPECTION 1 1 16-Oct-24 16-Oct-24 INTLV2 - 1250 INSPECT MEPS ABOVE CEILING LINE 1 1 16-Oct-24 16-Oct-24 INTLV2 - 1260 CARPET, LVT & BASE INSTALL 5 5 17-Oct-24 23-Oct-24 INTLV2 - 1270 INSTALL COUNTERTOPS 1 1 21-Oct-24 21-Oct-24 INTLV2 - 1290 FLUSH PLUMBING TRIM 1 1 22-Oct-24 22-Oct-24 INTLV2 - 1280 PAINT FINAL COATS 3 3 24-Oct-24 28-Oct-24 INTLV2 - 1300 INSTALL APPLIANCES 1 1 24-Oct-24 24-Oct-24 RESTROOMS LEVEL 2RESTROOMS LEVEL 2 40 40 02-Oct-24 27-Nov-24 B1130 DRYWALL 5 5 02-Oct-24 08-Oct-24
B1150 MUD AND TAPE 5 5 09-Oct-24 15-Oct-24
B1190 PRIME AND 1ST COAT 3 3 16-Oct-24 18-Oct-24
B1200 WATERPROOFING 4 4 21-Oct-24 24-Oct-24
B1250 FLOAT AND SET TILE IN RESTROOM 5 5 25-Oct-24 31-Oct-24 B1230 WATERPROOFING FLOOD TEST 5 5 30-Oct-24 05-Nov-24
B1360 INSTALL SINKS 2 2 01-Nov-2404-Nov-24
B1370 INSTALL TOILETS 2 2 01-Nov-2404-Nov-24
B1470 FLOAT AND SET TILE ON WALLS 8 8 06-Nov-2418-Nov-24 B1350 INSTALL ACCESSORIES 4 4 19-Nov-2422-Nov-24
B1400 FINAL PAINT 3 3 25-Nov-2427-Nov-24
ELECTRICAL AND SERVER ROOMELECTRICAL AND SERVER ROOM 26 26 08-Aug-2413-Sep-24 A1270 FRAME WALLS 1 1 08-Aug-2408-Aug-24
A1280 DRYWALL 1 1 09-Aug-2409-Aug-24
A1290 TAPE AND MUD 3 3 12-Aug-2414-Aug-24
A1510 PRIME AND FIRST COAT 1 1 15-Aug-2415-Aug-24
A1300 SET SWITCHGEAR AND PANELS 5 5 16-Aug-2422-Aug-24
A1310 FIRECAULKING 1 1 23-Aug-2423-Aug-24
A1520 PULL WIRE TO TRANSFORMER 2 2 23-Aug-2426-Aug-24
A1530 PULL WIRE TO PANELS 2 2 27-Aug-2428-Aug-24
A1540 EDISON CONNECTIONS TO TRANSFORMER5 5 29-Aug-2405-Sep-24 A1550 CONNECT SWITCH GEAR FOR PERM POWER5 5 06-Sep-2412-Sep-24 A1780 ENERGIZE SWITCH GEAR 1 1 13-Sep-2413-Sep-24
ELEVA TORELEVA TOR 46 46 23-Aug-24 28-Oct-24
ELV - 1010 INTSALL ELEVATOR GUIDE RAILS FLOOR 110 10 23-Aug-2406-Sep-24 ELV - 1020 INSTALL ELEVATOR GUIDE RAILS FLOOR 210 10 09-Sep-2420-Sep-24 ELV - 1030 INSTALL ELEVATOR CAB 10 10 23-Sep-24 04-Oct-24 ELV - 1040 BUILD OUT ELEVATOR MACHINE ROOM 15 15 23-Sep-24 11-Oct-24 ELV - 1050 ELEVATOR TESTING - PREPARE FOR STATE INSPECTION10 10 14-Oct-24 25-Oct-24 ELV - 1060 ELEVATOR STATE INSPECTION SIGN OFF 1 1 28-Oct-24 28-Oct-24 SITE WORKSITE WORK 224 224 18-Jan-24 05-Dec-24
SITE UTILITIES (FROM POC - OUT OF BUILDING AREA)SITE UTILITIES (FROM POC - OUT OF BUILDING AREA) 105 105 18-Jan-24 14-Jun-24 A1630 ELECTRICAL CONDUIT EXCAVATE/INSTALL/BACKFILL5 5 18-Jan-24 24-Jan-24 A1650 SS EXCAVATE AND INSTALL 10 10 11-Apr-24 24-Apr-24 A1560 FIRE WATER EXCAVATE/INSTALL 5 5 25-Apr-24 01-May-24 A1570 FIRE WATER TEST AND BACKFILL 5 5 25-Apr-24 01-May-24 A2080 SS TESTING AND BACKFILL 5 5 25-Apr-24 01-May-24
A1580 DOMESTIC WATER EXCAVATE/INSTALL 5 5 01-May-2407-May-24 A1600 IRRIGATION TO BACKFLOW PREVENTOR 5 5 02-May-2408-May-24 A1760 WATERWORKS MATERIAL APPROVAL AND PROCUREMENT20 20 02-May-2430-May-24 A1590 DOMESTIC WATER TEST AND BACKFILL 5 5 08-May-2414-May-24 A1610 IRRIGATION PRESSURE TEST/BACKFILL/SLEEVES5 5 09-May-2415-May-24 A1640 CONNECT SS / FIRE WATER / DOMESTIC WATER LINES TO CITY5 5 31-May-24 06-Jun-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

CEILING GRID INSPECTION

INSPECT MEPS ABOVE CEILING LINE

CARPET, LVT & BASE INSTALL

INSTALL COUNTERTOPS

FLUSH PLUMBING TRIM

PAINT FINAL COATS

INSTALL APPLIANCES
27-Nov-24, RESTROOMS LEVEL 2

DRYWALL

MUD AND TAPE
PRIME AND 1ST COAT

WATERPROOFING

FLOAT AND SET TILE IN RESTROOM

WATERPROOFING FLOOD TEST

INSTALL SINKS

INSTALL TOILETS

FLOAT AND SET TILE ON WALLS

INSTALL ACCESSORIES

FINAL PAINT
13-Sep-24, ELECTRICAL AND SERVER ROOM

FRAME WALLS

DRYWALL

TAPE AND MUD

PRIME AND FIRST COAT

SET SWITCHGEAR AND PANELS

FIRECAULKING

PULL WIRE TO TRANSFORMER

PULL WIRE TO PANELS

EDISON CONNECTIONS TO TRANSFORMER

CONNECT SWITCH GEAR FOR PERM POWER

ENERGIZE SWITCH GEAR
28-Oct-24, ELEVATOR
INTSALL ELEVATOR GUIDE RAILS FLOOR 1
INSTALL ELEVATOR GUIDE RAILS FLOOR 2

INSTALL ELEVATOR CAB

BUILD OUT ELEVATOR MACHINE ROOM

ELEVATOR TESTING - PREPARE FOR STATE INSPECTION

ELEVATOR STATE INSPECTION SIGN OFF
05-Dec-24, SITE WORK
14-Jun-24, SITE UTILITIES (FROM POC - OUT OF BUILDING AREA)

ELECTRICAL CONDUIT EXCAVATE/INSTALL/BACKFILL

SS EXCAVATE AND INSTALL

FIRE WATER EXCAVATE/INSTALL

FIRE WATER TEST AND BACKFILL

SS TESTING AND BACKFILL

DOMESTIC WATER EXCAVATE/INSTALL

IRRIGATION TO BACKFLOW PREVENTOR

WATERWORKS MATERIAL APPROVAL AND PROCUREMENT

DOMESTIC WATER TEST AND BACKFILL

IRRIGATION PRESSURE TEST/BACKFILL/SLEEVES

CONNECT SS / FIRE WATER / DOMESTIC WATER LINES TO CITY
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 7 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
124
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
A1750 PATCH ASPHALT AND CONCRETE IN CITY ROW5 5 07-Jun-24 13-Jun-24 A1770 FIRE FLOW TEST 1 1 14-Jun-24 14-Jun-24
SITE ELECTRICALSITE ELECTRICAL 63 63 17-Jun-24 13-Sep-24 A2580 SURVEY FOR POLES, EV, BLUE PHONE 2 2 17-Jun-24 18-Jun-24 A2590 LAYOUT FOR PATH OF TRAVEL 1 1 19-Jun-24 19-Jun-24 A2600 EXCAVATE/INSTALL CONDUIT 4 4 20-Jun-24 25-Jun-24
A2610 BACKFILL CONDUIT TRENCH 2 2 26-Jun-24 27-Jun-24
A2620 EXCAVATE AND INSTALL REBAR FOR LIGHT POLE2 2 10-Sep-2411-Sep-24 A2630 CONDUIT STUB UPS 1 1 12-Sep-2412-Sep-24
A2640 POUR LIGHT POLE BASES 1 1 13-Sep-2413-Sep-24
HARDSCAPEHARDSCAPE 27 27 21-Aug-2427-Sep-24
LAND 2660 SURVEY FOR CURB AND GUTTER FOR ENTIRE SITE2 2 21-Aug-2422-Aug-24 LAND 2760 GRADE AND COMPACT SUB GRADE AT PARKING LOT AND FIRE LANE4 4 23-Aug-2428-Aug-24 LAND 3050 GRADE AND COMPACT SUB GRADE AT CURB5 5 23-Aug-2429-Aug-24 LAND 2670 FORM AND POUR CURB AT PARKING LOT AREA2 2 30-Aug-2403-Sep-24 LAND 2700 FORM AND POUR CURB AT FIRE LANE AND WEST ENTRY6 6 04-Sep-2411-Sep-24 LAND 2770 FINE GRADE AND RECOMPACT SUB GRADE AT PARKING LOT2 2 04-Sep-2405-Sep-24 LAND 2730 SET GRADE AND COMPACT AT PARKING LOT2 2 06-Sep-2409-Sep-24 LAND 2740 COMPACTION TEST AT PARKING LOT 1 1 10-Sep-2410-Sep-24 LAND 2690 DEMO WEST ENTRY 2 2 11-Sep-2412-Sep-24
LAND 3150 REBAR AND INSEPCTION AT PARKING LOT 2 2 11-Sep-2412-Sep-24 LAND 2720 SET GRADE AND COMPACT FIRE LANE 2 2 13-Sep-2416-Sep-24 LAND 2680 POUR CONCRETE PAVEMENT AT PARKING LOT1 1 16-Sep-2416-Sep-24 LAND 2750 COMPACTION TEST AT FIRE LANE 1 1 17-Sep-2417-Sep-24 LAND 3140 REBAR AND INSPECTION AT FIRE LANE 2 2 18-Sep-2419-Sep-24 LAND 2710 POUR CONCRETE PAVEMENT AT FIRE LANE AND WEST ENTRY1 1 20-Sep-2420-Sep-24 LAND 2780 PAVEMENT MARKINGS 5 5 23-Sep-2427-Sep-24
SIGNAGE - PARKING ENTRYSIGNAGE - PARKING ENTRY 14 14 23-Sep-24 10-Oct-24 A2480 SURVEY 1 1 23-Sep-2423-Sep-24
A2490 EXCAVATE 1 1 24-Sep-2424-Sep-24
A2500 REBAR AND INSPECTION 1 1 25-Sep-2425-Sep-24
A2510 POUR FOOTING 1 1 26-Sep-2426-Sep-24
A2520 FORM WALL 3 3 27-Sep-24 01-Oct-24
A2570 WALL REBAR AND INSPECTION 1 1 02-Oct-24 02-Oct-24 A3180 POUR WALL 1 1 03-Oct-24 03-Oct-24
A2540 STRIP AND CLEAN UP 1 1 04-Oct-24 04-Oct-24
A2550 BACKFILL TO FINISH SURFACE 1 1 07-Oct-24 07-Oct-24 A2560 SIGNAGE 3 3 08-Oct-24 10-Oct-24
LANDSCAPELANDSCAPE 37 37 11-Oct-24 05-Dec-24
SITE LANDSCAPINGSITE LANDSCAPING 37 37 11-Oct-24 05-Dec-24 LAND 2270 IRRIGATION LAYOUT 5 5 11-Oct-24 17-Oct-24
LAND 2280 IRRIGATION INSTALLATION - MAIN LINE 10 10 18-Oct-24 31-Oct-24 LAND 2290 LAYOUT FOR TREES 2 2 01-Nov-2404-Nov-24
LAND 2300 BRANCH LINES INSTALLATION 5 5 01-Nov-2407-Nov-24 LAND 2310 TREE INSTALLATION 5 5 05-Nov-2412-Nov-24
LAND 2320 INSTALL DRIP SYSTEM / SPRINKLERS 5 5 08-Nov-2415-Nov-24 LAND 2330 SMALL PLANTS 10 10 18-Nov-2403-Dec-24
LAND 2340 LAYOUT FOR LANDSCAPE FEATURES 2 2 18-Nov-2419-Nov-24 LAND 2360 INSTALL ROCK EDGE 5 5 20-Nov-2426-Nov-24
LAND 2370 PLACE DECORATIVE ROCK 5 5 27-Nov-2405-Dec-24
LAND 2380 INSTALL SITE FURNISHINGS 5 5 27-Nov-2405-Dec-24 A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026

PATCH ASPHALT AND CONCRETE IN CITY ROW

FIRE FLOW TEST
13-Sep-24, SITE ELECTRICAL

SURVEY FOR POLES, EV, BLUE PHONE

LAYOUT FOR PATH OF TRAVEL

EXCAVATE/INSTALL CONDUIT

BACKFILL CONDUIT TRENCH

EXCAVATE AND INSTALL REBAR FOR LIGHT POLE

CONDUIT STUB UPS

POUR LIGHT POLE BASES
27-Sep-24, HARDSCAPE

SURVEY FOR CURB AND GUTTER FOR ENTIRE SITE

GRADE AND COMPACT SUB GRADE AT PARKING LOT AND FIRE LANE

GRADE AND COMPACT SUB GRADE AT CURB

FORM AND POUR CURB AT PARKING LOT AREA

FORM AND POUR CURB AT FIRE LANE AND WEST ENTRY

FINE GRADE AND RECOMPACT SUB GRADE AT PARKING LOT

SET GRADE AND COMPACT AT PARKING LOT

COMPACTION TEST AT PARKING LOT

DEMO WEST ENTRY

REBAR AND INSEPCTION AT PARKING LOT

SET GRADE AND COMPACT FIRE LANE

POUR CONCRETE PAVEMENT AT PARKING LOT

COMPACTION TEST AT FIRE LANE

REBAR AND INSPECTION AT FIRE LANE

POUR CONCRETE PAVEMENT AT FIRE LANE AND WEST ENTRY

PAVEMENT MARKINGS
10-Oct-24, SIGNAGE - PARKING ENTRY
SURVEY

EXCAVATE

REBAR AND INSPECTION

POUR FOOTING

FORM WALL

WALL REBAR AND INSPECTION

POUR WALL

STRIP AND CLEAN UP

BACKFILL TO FINISH SURFACE

SIGNAGE
05-Dec-24, LANDSCAPE
05-Dec-24, SITE LANDSCAPING

IRRIGATION LAYOUT

IRRIGATION INSTALLATION - MAIN LINE

LAYOUT FOR TREES

BRANCH LINES INSTALLATION

TREE INSTALLATION

INSTALL DRIP SYSTEM / SPRINKLERS

SMALL PLANTS

LAYOUT FOR LANDSCAPE FEATURES

INSTALL ROCK EDGE

PLACE DECORATIVE ROCK

INSTALL SITE FURNISHINGS
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 8 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
125
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
INSPECTIONS / FINALS / CLOSEOUTINSPECTIONS / FINALS / CLOSEOUT 110 110 02-Dec-2407-May-25 CLOSE 1010 PENTA INCOMPLETE ITEMS 10 10 02-Dec-2413-Dec-24 CLOSE 1170 HVAC UNITS START-UP 8 8 02-Dec-2411-Dec-24
CLOSE 1130 TEST AND AIR BALANCE 15 15 12-Dec-24 03-Jan-25 CLOSE 1080 FINAL CLEAN 7 7 16-Dec-2424-Dec-24
CLOSE 1090 COMMISSIONING 10 10 07-Jan-25 20-Jan-25
CLOSE 1020 HVAC FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1030 PLUMBING FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1040 ELECTRICAL FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1050 FIRE LIFE SAFETY FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1060 PUNCHWALK WITH CARRIER JOHNSON / FONTANA20 20 21-Jan-25 18-Feb-25 CLOSE 1140 LANDSCAPING FINAL INSPECTIONS 2 2 21-Jan-25 22-Jan-25 CLOSE 1160 WEATHER DAY ALLOWANCE 25 25 19-Feb-25 25-Mar-25 CLOSE 1110 BUILDING FINAL INSPECTION 2 2 26-Mar-25 27-Mar-25 CLOSE 1120 SUBSTANTIAL COMPLETION (BUILDING TURNOVER)0 0 27-Mar-25 CLOSE 1150 PROJECT CLOSEOUT 29 29 28-Mar-2507-May-25
CLOSE 1100 PROJECT FINAL 0 0 07-May-25
A S O N D J F M AprilMay J July A S O N D J F M AprilMay J July A S O N D J F 2024 2025 2026
07-May-25, INSPECTIONS / FINALS / CLOSEOUT

PENTA INCOMPLETE ITEMS

HVAC UNITS START-UP

TEST AND AIR BALANCE

FINAL CLEAN

COMMISSIONING

HVAC FINAL INSPECTIONS

PLUMBING FINAL INSPECTIONS

ELECTRICAL FINAL INSPECTIONS

FIRE LIFE SAFETY FINAL INSPECTIONS

PUNCHWALK WITH CARRIER JOHNSON / FONTANA

LANDSCAPING FINAL INSPECTIONS

WEATHER DAY ALLOWANCE

BUILDING FINAL INSPECTION

SUBSTANTIAL COMPLETION (BUILDING TURNOVER)

PROJECT CLOSEOUT

PROJECT FINAL
Remaining Level of Effort
Actual Level of Effort
Tertiary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Near Critical
Milestone
Summary Page 9 of 9 Date Revision Checked Approved
07-Sep-23 Contract Shcedule 09 07 2023
126
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BK
23,996,793$

PROJECT TOTAL
$ 1,815,697
1,815,697$
$ 2,385,912
456,624$
1,929,288$
$ 206,500
15,000$
191,500$
$ 1,383,245
1,383,245$
$ 454,270
454,270$
$ 3,105,723
3,105,723$
$ 169,870
169,870$
$ 1,084,698
216,498$
718,200$
150,000$
$ 1,310,920
175,820$
117,600$
1,017,500$
$ 3,079,736
1,646,656$
458,515$
320,521$
460,371$
18,446$
175,227$
$ 22,941
22,941$
$ 125,000
125,000$
$ 444,000
444,000$
$ 602,028
602,028$
$ 1,697,100
1,697,100$
$ 2,504,800
2,504,800$
$ 285,600
285,600$
$ 298,300
298,300$
$ 232,249
121,961$
20,288$
90,000$
$ 150,000
150,000$
IN
COST of WORK SUBTOTAL: 21,358,589$ IN 21,358,589$
*BUILDER'S RISK INSURANCE: 0.48% 101,493$ IN 101,493$ GENERAL LIABILITY INSURANCE: 1.25% 299,960$ IN 299,960$ GENERAL CONTRACTOR BOND: 0.63% 150,732$ IN 150,732$
SUBCONTRACTOR DEFAULT INS. / SUBGUARD: 1.30% 277,662$ 1.30% 277,662$ CONSTRUCTION CONTINGENCY: 3.00% 665,653$ 3.00% 665,653$ GENERAL CONTRACTOR FEE: 5.00% 1,142,704$ 5.00% 1,142,704$ TOTAL: 23,996,793$
90,000$
$ 150,000
150,000$
$ 232,249
121,961$
20,288$
$ 298,300
298,300$
$ 1,697,100
1,697,100$
$ 2,504,800
2,504,800$
$ 285,600
285,600$
$ 125,000
125,000$
$ 444,000
444,000$
$ 602,028
602,028$
22,941$
18,446$
175,227$
$ 22,941
$ 3,079,736
1,646,656$
458,515$
320,521$
460,371$
1,017,500$
$ 1,310,920
175,820$
117,600$
718,200$
150,000$
169,870$
$ 1,084,698
216,498$
$ 3,105,723
3,105,723$
$ 169,870
15,000$
191,500$
$ 1,383,245
1,383,245$
$ 454,270
454,270$
23,996,793$
AREA 001
(MAIN BUILDING)
1,815,697$
$ 2,385,912
456,624$
1,929,288$
$ 206,500
$ 1,815,697
23,996,793$
DIVISION 33 - UTILITIES:

33.00.01 - UTILITIES

32.90.00 - LANDSCAPING & IRRIGATION

32.16.00 - CURBS AND GUTTERS & WALKS

32.17.23 - PAVEMENT MARKINGS
DIVISION 32 - EXTERIOR IMPROVEMENTS:

DIVISION 31 - EARTHWORK:

31.22.00 - GRADING / EARTHWORK
DIVISION 27 - COMMUNICATIONS:

27.20.00 - DATA COMMUNICATIONS
DIVISION 26 - ELECTRICAL:

26.00.00 - ELECTRICAL
DIVISION 23 - HVAC:

23.00.00 - HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

21.00.00 - FIRE SUPPRESSION
DIVISION 22 - PLUMBING:

22.00.00 - PLUMBING
DIVISION 21 - FIRE SUPPRESSION:

DIVISION 14 - CONVEYING EQUIPMENT:

14.20.00 - ELEVATORS

10.28.00 - TOILET, BATH, AND LAUNDRY ACCESSORIES
DIVISION 10 - SPECIALTIES:

09.90.00 - PAINTING AND COATING

09.80.00 - ACOUSTIC TREATMENT

09.60.00 - FLOORING

09.24.23 - CEMENT PLASTER

09.50.00 - CEILINGS
DIVISION 09 - FINISHES:

09.21.16 - INTERIOR FRAMING & DRYWALL (GYP)

08.80.00 - GLAZING

08.10.00 - DOORS AND FRAMES

08.33.00 - COILING DOORS AND GRILLES
DIVISION 08 - OPENINGS:

07.50.00 - ROOFING

07.60.00 - FLASHING AND SHEET METAL

07.21.00 - THERMAL INSULATION
DIVISION 07 - THERMAL & MOISTURE PROTECTION:

06.22.00 - MILLWORK
DIVISION 06 - WOOD, PLASTICS, & COMPOSITES:

DIVISION 05 - METALS:

05.12.00 - STRUCTURAL STEEL FRAMING
DIVISION 04 - MASONRY:

04.22.00 - CONCRETE UNIT MASONRY (CMU)

03.30.00 - CAST-IN-PLACE CONCRETE

02.21.13 - SITE SURVEYS

02.41.00 - DEMOLITION
DIVISION 03 - CONCRETE:

DIVISION 02 - EXISTING CONDITIONS:

00.72.00 - GENERAL CONDITIONS
DIVISION 01 - GENERAL REQUIREMENTS & PROJECT SPECIFICS:

01.00.00 - GENERAL REQUIREMENTS
City of Fontana City Hall Renovation Project Phase 1 -
REV 00
08/03/2023

01.35.13 - PROJECT SPECIFIC CONDITIONS
DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS:
8/3/202310:40 AM
Z:\Shared\PreCon\Precon Jobs\2022\P22-053 SC City Hall Renovation Project Phase 1\04. Estimate\Bluesheet\COF City Hall Reno

08.02.23.xlsb page 1 of 1
Pricing Breakdown
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RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BL
Item Description Qnty Units
Unit
Price Total $ / 30,496 SF Comments / Notes
AREA 001 (MAIN BUILDING) TOTAL (w/o Markups) 30,4 96 SF 700$ 21,358,589$

00.72.00 - General Conditions SUBTOTAL: 1,815,697$ 60 $ General Conditions 1 LSUM 1,815,697$ 1,815,697$

01.00.00 - General Requirements SUBTOTAL: 456,624$ 15 $ General Requirements 1 LSUM 456,624$ 456,624$

01.35.13 - Project Specific Conditions SUBTOTAL: 1,929,288$ 63 $ Preconstruction Staff 1 LSUM 29,288$ 29,288$
Design Costs 1 LSUM 1,900,000$ 1,900,000$

02.21.13 - Site Surveys SUBTOTAL: 15,000$ 0 $
Surveying 1 LSUM 15,000$ 15,000$

02.41.00 - Demolition SUBTOTAL: 191,500$ 6 $
Base Bid 1 LSUM 191,500$ 191,500$
Remove Existing Roof 10,948 SF INCLUDED
Remove Existing Sidewalks 8,401 SF INCLUDED
Remove Trees 15 EA INCLUDED
Remove Trees 10' or less 8 EA INCLUDED
Remove Ex. Curbs 766 LF INCLUDED
Remove Landscape Areas 15,933 SF INCLUDED
Remove 8' Block Wall 38 LF INCLUDED
Remove Asphalt 7,022 SF INCLUDED
Demo Fence Pillars 2 EA INCLUDED

03.20.00 - Concrete Reinforcing SUBTOTAL:

Rebar
Rebar, Gravity Column (8)#6 each way INC CONCRETE
Rebar, Moment Frame Grade Beam (9)#9 top and bottom INC CONCRETE Rebar, edge/corner gravity column (6)#6 each way INC CONCRETE Rebar, edge/corner gravity column (6)#6 each way INC CONCRETE

03.30.00 - Cast-in-Place Concrete SUBTOTAL: 1,383,245$ 45 $ Base Bid 1 LSUM 1,383,245$ 1,383,245$
Slab on Grade
5" Concrete Slab (1st Floor) 85 CY INCLUDED
Perimeter formwork 570 LF INCLUDED
Sand Base 5,530 SF INCLUDED
Vapor Barrier 5,530 SF INCLUDED
Concrete Drive Deck (20,288SF)
5" Concrete Drive Deck 1 LSUM INCLUDED
4" Aggregate Base INCLUDED
Perimeter Formwork INCLUDED
Elevated Slabs INCLUDED

2.5" Concrete Deck - 2nd Floor 208 CY INCLUDED
3" Depressed Slab @ KFON Studio 15 CY INCLUDED
Topping Slab with Sonus Wave 8mm isolation mat 15 CY INCLUDED Moment Frame Grade Beams
8' x 3'-6" Grade Beam w/ (9)#9 Top and Bottom 575 CY INCLUDED Formwork 4,224 SF INCLUDED
Edge/Corner Gravity Column Footings
5'-0" Square x 1'-6" deep column footing w/ (6)#6 each way bottom 17 CY INCLUDED Formwork 300 SF INCLUDED
Typical Gravity Column Footings
7'-0" Square x 1'-6" deep column footing w/ (8)#6 each way bottom 98 CY INCLUDED Formwork 1,764 SF INCLUDED
Thickened Slab at CMU Walls
1'-6" Wide x 1'-0" deep thickend slab 32 CY INCLUDED
Elevator Pit
Concrete Elevator Pit at Elevator 1 EA INCLUDED
Structural Excavation
Structural Excavation & Disposal 790 CY INCLUDED
Misc.

Embeds 1 LSUM INCLUDED
Stair Infill 1 EA INCLUDED
1'-0" Wide x 3'-0" Tall CIP Planter Wall (65LF) 65 LF INCLUDED 1'-0" Wide x 3'-0" Tall CIP Planter Wall North (200LF) 200 LF INCLUDED Reinforcing Steel 1 LSUM INCLUDED

04.22.00 - Concrete Unit Masonry (CMU) SUBTOTAL: 454,270$ 15 $ Base Bid 1 LSUM 454,270$ 454,270$
8" CMU Block INCLUDED
1st Floor (12' tall block) 7,940 SF INCLUDED
2nd Floor (14' tall block) N/A EXCLUDED Block terminates at 2nd Floor Slab Trash Enclosure (6' block) 400 SF INCLUDED
Rebar 1 LSUM
City of Fontana City Hall Renovation Project Phase 1 (P22-053) - REV 00 Line Item Detail | (08/03/2023)
AREA 001 (MAIN BUILDING)
AREA 000 () page 1 of 5
Pricing Breakdown
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RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BM
Item Description Qnty Units
Unit
Price Total $ / 30,496 SF Comments / Notes
City of Fontana City Hall Renovation Project Phase 1 (P22-053) - REV 00 Line Item Detail | (08/03/2023)
AREA 001 (MAIN BUILDING)
Footings 1 LSUM INCLUDED

05.12.00 - Structural Steel Framing SUBTOTAL: 3,105,723$ 102 $ Base Bid 1 LSUM 3,105,723$ 3,105,723$
W14x STL Moment Frame Column 40 EA INCLUDED
W14x STL Moment Frame Column 1,040 LF INCLUDED
W30x Moment Frame 995 LF INCLUDED
Type 2 Wxx Beam 5,253 LF INCLUDED
WF or HSS Column 28 EA INCLUDED
WF or HSS Column 728 LF INCLUDED
Type 1 Wxx Girder 3,688 LF INCLUDED
WXXx Moment Frame 187 LF INCLUDED
Bent Plate at Perimeter 1,406 LF INCLUDED
Canopy at Entry 1 LSUM INCLUDED
Elevator Guiderails 1 LSUM INCLUDED
Misc. Steel/Stairs/Handrails 1 LSUM INCLUDED
Interior Stair 1 EA INCLUDED
Exterior Stair 1 EA INCLUDED
Trash Enclosure Gate 1 EA INCLUDED

05.30.00 - Metal Decking SUBTOTAL:

Metal Decking 55,707 SF INCLUDED IN STRUCTURAL STEEL

05.50.00 - Miscellaneous Metals SUBTOTAL:

Trash Enclosure 12' Double Gate 1 EA INCLUDED IN STRUCTURAL STEEL

06.22.00 - Millwork SUBTOTAL: 169,870$ 6 $
Millwork 1 LSUM 169,870$ 169,870$
Main Lobby
Lobby Desk - Custom 1 LSUM INCLUDED
2nd Floor Lobby
Public Front Counter 1 LSUM INCLUDED
P-Lam Millwork
Lowers 189 LF INCLUDED
Uppers 141 LF INCLUDED
Countertops
Pental Quartz at $28/SF 210 SF INCLUDED
P-Lam Tops 170 SF INCLUDED
Decorative Wall
Wood Slat/Deco Wall At Lobby 250 SF INCLUDED

07.21.00 - Thermal Insulation SUBTOTAL: 216,498$ 7 $
In-Wall Insulation INC DRYWALL
Spray Insulation at Underside of Deck 1 LSUM 216,498$ 216,498$

07.50.00 - Roofing SUBTOTAL: 718,200$ 24 $
Base Bid 1 LSUM 718,200$ 718,200$
TPO Roof - Single Layer 28,139 SF INCLUDED 20 Year Warranty Tapered Insulation 28,139 SF INCLUDED

07.60.00 - Flashing and Sheet Metal SUBTOTAL: 150,000$ 5 $ Misc Sheet Metal 1 LSUM 150,000$ 150,000$

08.10.00 - Doors and Frames SUBTOTAL: 175,820$ 6 $
Base Bid 1 LSUM 175,820$ 175,820$
Interior Door Left 39 EA INCLUDED
Interior Door Right 35 EA INCLUDED
Exterior Hollow Metal Door Right 7 EA INCLUDED
Exterior Hollow Metal Door Left 4 EA INCLUDED
Exterior Storefront Double Door 2 EA INCLUDED
Exterior Hollow Metal Double Door 1 EA INCLUDED
Interior Double Doors 1 EA INCLUDED

INCLUDED
Studio Door 4 EA INCLUDED

08.33.00 - Coiling Doors and Grilles SUBTOTAL: 117,600$ 4 $ Base Bid 1 LSUM 117,600$ 117,600$
Rollup Doors 30' x 8' 4 EA INCLUDED Commercial

08.80.00 - Glazing SUBTOTAL: 1,017,500$ 33 $
Base Bid 1 LSUM 1,017,500$ 1,017,500$
Exterior Glazing
Curtainwall - Dual Glazed, Low-E, Aluminum Mullions 5,325 SF INCLUDED Storefront Windows - Dual Glazed, Low-E, Aluminum Mullions 2,275 SF INCLUDED Doors
Storefront Doors 2 EA INCLUDED
Automated Door Operator 1 EA INCLUDED
Interior Glazing
Interior Glazing - Sidelites 36 EA INCLUDED
Receptionist Window 2 EA INCLUDED

09.21.16 - Interior Framing & Drywall (gyp) SUBTOTAL: 1,646,656$ 54 $ AREA 000 () page 2 of 5
Pricing Breakdown
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RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BN
Item Description Qnty Units
Unit
Price Total $ / 30,496 SF Comments / Notes
City of Fontana City Hall Renovation Project Phase 1 (P22-053) - REV 00 Line Item Detail | (08/03/2023)
AREA 001 (MAIN BUILDING)
Base Bid 1 LSUM 1,646,656$ 1,646,656$
Interior Framing and Drywall INCLUDED
L1 Interior Metal Framed Wall With Drywall Interior 4,033 SF INCLUDED L2 Interior Metal Framed Wall With Drywall Interior 69,494 SF INCLUDED

INCLUDED
Exterior Framing and Densglass INCLUDED
Dens Glass 9,364 SF INCLUDED
Exterior Metal Framed Wall With Drywall Interior 9,364 SF INCLUDED

INCLUDED
Insulation INCLUDED
R30 Under Roof Deck 28,406 SF INCLUDED
Exterior Rigid and Z Metal 9,364 SF INCLUDED

INCLUDED
Scaffolding and Engineering INCLUDED
Scaffolding 1 LSUM INCLUDED
Engineering 1 LSUM INCLUDED

09.24.23 - Cement Plaster SUBTOTAL: 458,515$ 15 $
Base Bid 1 LSUM 458,515$ 458,515$
Material A - Smooth Cement Plaster 6,201 SF INCLUDED
Material A - Smooth Cement Plaster South Elevation 2,995 SF INCLUDED Material A - Smooth Cement Plaster Vertical Surface at Canopy 495 SF INCLUDED Material B - Underside of Canopy 1,351 SF INCLUDED

09.30.00 - Tiling SUBTOTAL:

Base Bid 1 LSUM INCLUDED FLOORING

09.50.00 - Ceilings SUBTOTAL: 320,521$ 11 $
Ceilings Descope Value 1 LSUM 320,521$ 320,521$
1st Floor Ceilings
Acoustical Ceiling Tile 1 LSUM INCLUDED
2nd Floor Ceilings
Acoustical Ceiling Tile 28,000 SF INCLUDED
Open Ceiling w/ Wood Fiber 3,870 SF INCLUDED
Open Ceiling w/ Sound Baffles 1,052 SF INCLUDED

09.60.00 - Flooring SUBTOTAL: 460,371$ 15 $
Base Bid 1 LSUM 460,371$ 460,371$
Carpet and Vinyl 1 LSUM INCLUDED
Carpet Tile 1,854 SY INCLUDED $20/sy Material
Vinyl Floors 4,243 SF INCLUDED $3.50/sf Material
Tile 1 LSUM INCLUDED
Bathroom Tile Floor 709 SF INCLUDED $4.50/sf Material Lobby Tile 2,413 SF INCLUDED $4.50/sf Material
Wall Tile 1,363 LF INCLUDED $4.50/sf Material
Tile Base 1,097 LF INCLUDED $4.50/lf Material
Epoxy Flooring and Sealed Concrete 1 LSUM INCLUDED
1 Coat Epoxy at Studio 1,604 SF INCLUDED
Sealed Concrete at BOH 1,445 SF INCLUDED
Sealed Concrete at Patio 1,178 SF INCLUDED

09.80.00 - Acoustic Treatment SUBTOTAL: 18,446$ 1 $
Base Bid 1 LSUM 18,446$ 18,446$
Sonus Flooring 1,604 SF INCLUDED
4 mil vapor barrier 1,604 SF INCLUDED

09.90.00 - Painting and Coating SUBTOTAL: 175,227$ 6$ Wall Paint - Interior/Exterior 1 LSUM 175,227$ 175,227$

09.96.56 - Epoxy Coatings SUBTOTAL:

Base Bid 1 LSUM INC FLOORING

10.28.00 - Toilet, Bath, and Laundry Accessories SUBTOTAL: 22,941$ 1 $ Toilet, Bath, and Laundry Accessories 1 LSUM 22,941$ 22,941$ RR ADA Grab Bar 36" 4 EA
RR ADA Grab Bar 48" 4 EA
RR Soap Dispenser 4 EA
RR Hand Dryer 4 EA
RR Toilet Paper Dispenser 7 EA
RR Mirror 5 EA
Toilet Partitions 53 LF
Toilet Partition Door 4 EA
Toilet Partition Door ADA 2 EA

12.20.00 - Window Treatments SUBTOTAL:

Window Covering EXCLUDED FFE By Owner

12.40.00 - Furnishings and Accessories SUBTOTAL:

FFE by Owner EXCLUDED FFE By Owner

14.20.00 - Elevators SUBTOTAL: 125,000$ 4 $
2-Stop Elevator 1 LSUM 125,000$ 125,000$
AREA 000 () page 3 of 5
Pricing Breakdown
130
RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BO
Item Description Qnty Units
Unit
Price Total $ / 30,496 SF Comments / Notes
City of Fontana City Hall Renovation Project Phase 1 (P22-053) - REV 00 Line Item Detail | (08/03/2023)
AREA 001 (MAIN BUILDING)

21.00.00 - Fire Suppression SUBTOTAL: 444,000$ 15 $
Fire Sprinkler System 1 LSUM 444,000$ 444,000$ Drive deck not included in scope

22.00.00 - Plumbing SUBTOTAL: 602,028$ 20 $
Base Bid 1 LSUM 602,028$ 602,028$
Bathroom Sink 2 EA INCLUDED
Toilet 8 EA INCLUDED
5' integrated Sink (dual faucet) 2 EA INCLUDED
Urinal 2 EA INCLUDED

INCLUDED
Breakroom Sink 4 EA INCLUDED
Mop Sink 1 EA INCLUDED

23.00.00 - Heating, Ventilating, and Air-Conditioning (HVAC) SUBTOTAL: 1,697,100$ 56$ HVAC 1 LSUM 1,697,100$ 1,697,100$

26.00.00 - Electrical SUBTOTAL: 2,504,800$ 82 $
Base Bid 1 LSUM 2,279,800$ 2,279,800$

INCLUDED
Building Electrical
1st Floor Parking Garage INCLUDED
2nd Floor Offices INCLUDED
Rooftop Photovoltaic System INCLUDED

INCLUDED
Site Electrical INCLUDED
Site Lighting INCLUDED

INCLUDED
Temp Power & Lighting INCLUDED
Construction Trailer Power INCLUDED
Generator, Tank & ATS (Allowance) 1 LSUM 225,000$ 225,000$ ALLOWANCE

27.20.00 - Data Communications SUBTOTAL: 285,600$ 9$
Base Bid 1 LSUM 285,600$ 285,600$ ALLOWANCE
Tele/Data 1 LSUM INCLUDED
DAS/ERRCS 1 LSUM EXCLUDED
CCTV/Access Control 1 LSUM EXCLUDED

28.30.00 - Fire Alarm SUBTOTAL:

Fire Alarm System 1 LSUM INCLUDED IN ELEC

31.22.00 - Grading / Earthwork SUBTOTAL: 298,300$ 10$ Base Bid 1 LSUM 298,300$ 298,300$
Rough Grading INCLUDED
Fine Grading INCLUDED

SWPPPS INCLUDED

32.16.00 - Curbs and Gutters & Walks SUBTOTAL: 121,961$ 4 $ Base Bid 1 LSUM 121,961$ 121,961$
Site Concrete 4,560 SF INCLUDED
Type A Curb 346 LF INCLUDED
Type L Curb 133 LF INCLUDED
Valley Gutter 173 SF INCLUDED
ADA Ramp 114 SF INCLUDED

32.17.23 - Pavement Markings SUBTOTAL: 20,288$ 1 $
Parking Garage Striping 20,288 SF 1.00$ 20,288$

32.90.00 - Landscaping & Irrigation SUBTOTAL: 90,000$ 3 $ Landscaping and Irrigation - Allowance 6,000 SF 15.00$ 90,000$ ALLOWANCE

33.00.01 - Utilities SUBTOTAL: 150,000$ 5 $
Base Bid 1 LSUM 150,000$ 150,000$
2" Domestic Water Line 42 LF INCLUDED
Water Meter 1 EA INCLUDED
Backflow Preventer 1 EA INCLUDED
Fittings and Connections 1 LSUM INCLUDED
6" Fire Water Line 292 LF INCLUDED
DCDA (Double Check Detector Valve) 1 EA INCLUDED
FDC (Fire Department Connection) 2 EA INCLUDED
Fire Hydrant (on-site) 1 EA INCLUDED
Concrete Thrustblocks 4 EA INCLUDED
Fittings and Connections 1 LSUM INCLUDED
6" Sewer Line 30 LF INCLUDED
Sewer Manhole 1 EA INCLUDED
Cleanout 1 EA INCLUDED
Fittings and Connections 1 LSUM INCLUDED

33.40.00 - Stormwater Utilities SUBTOTAL:

Stormwater Retention 1 LSUM EXCLUDED
AREA 000 () page 4 of 5
Pricing Breakdown
131
30,496SF 30,496SF 30,496SF
Estimate Date: September 07, 2023
Estimate % $/SF CVGL % $/SF TRENDING BUDGET % $/SF . 1,815,697$ 8.50% 59.54$ - $ 0.00% -$ 1,815,697 $ 8.45% 59.54$

. 2,385,912$ 11.17% 78.24$ - $ 0.00% -$ 2,385,912 $ 11.10% 78.24$

. 206,500$ 0.97% 6.77$ - $ 0.00% -$ 206,500 $ 0.96% 6.77$

. 1,383,245$ 6.48% 45.36$ - $ 0.00% -$ 1,383,245 $ 6.44% 45.36$

. 454,270$ 2.13% 14.90$ - $ 0.00% -$ 454,270 $ 2.11% 14.90$

. 3,105,723$ 14.54% 102$ (150,000)$ (116.35%) (4.92)$ 2,955,723$ 13.76% 96.92$

. 169,870$ 0.80% 5.57$ - $ 0.00% -$ 169,870 $ 0.79% 5.57$

. 1,084,698$ 5.08% 35.57$ 465,500 $ 361.06% 15.26$ 1,550,198 $ 7.21% 50.83$

. 1,310,920$ 6.14% 42.99$ - $ 0.00% -$ 1,310,920 $ 6.10% 42.99$

. 3,079,736$ 14.42% 101$ (16,575)$ (12.86%) (0.54)$ 3,063,161$ 14.26% 100$

. 22,941$ 0.11% 0.75$ 55,000 $ 42.66% 1.80$ 77,941 $ 0.36% 2.56$

. 125,000$ 0.59% 4.10$ - $ 0.00% -$ 125,000 $ 0.58% 4.10$

. 444,000$ 2.08% 14.56$ - $ 0.00% -$ 444,000 $ 2.07% 14.56$

. 602,028$ 2.82% 19.74$ - $ 0.00% -$ 602,028 $ 2.80% 19.74$

. 1,697,100$ 7.95% 55.65$ - $ 0.00% -$ 1,697,100 $ 7.90% 55.65$

. 2,504,800$ 11.73% 82.14$ (225,000)$ (174.52%) (7.38)$ 2,279,800$ 10.61% 74.76$

. 285,600$ 1.34% 9.37$ - $ 0.00% -$ 285,600 $ 1.33% 9.37$

. 298,300$ 1.40% 9.78$ - $ 0.00% -$ 298,300 $ 1.39% 9.78$

. 232,249$ 1.09% 7.62$ - $ 0.00% -$ 232,249 $ 1.08% 7.62$

. 150,000$ 0.70% 4.92$ - $ 0.00% -$ 150,000 $ 0.70% 4.92$ 150,000$ 0.70% 4.92$ -$ 0.00% -$ 150,000$ 0.70% 4.92$ 21,358,589$ 100% $700 /SF 128,925 $ 100% $4.23 /SF 21,487,514 $ 8.45% $705 / *BUILDER'S RISK INSURANCE: 0.48% 101,493$ 0.48% 3.33$ -$ 0.00% -$ 101,493$ 8.45% 101,493$ GENERAL LIABILITY INSURANCE: 1.25% 299,960$ 1.25% 9.84$ -$ 0.00% -$ 299,960$ 8.45% 299,960$ GENERAL CONTRACTOR BOND: 0.63% 150,732$ 0.63% 4.94$ -$ 0.00% -$ 150,732$ 8.45% 150,732$ SUBCONTRACTOR DEFAULT INS. / SUBGUARD:1.30% 277,662$ 1.30% 9.10$ -$ 0.00% -$ 277,662$ 8.45% 277,662$ CONSTRUCTION CONTINGENCY: 3.00% 665,653$ 3.00% 21.83$ -$ 0.00% -$ 665,653$ 8.45% 665,653$ GENERAL CONTRACTOR FEE: 5.00% 1,142,704$ 5.00% 37.47$ -$ 0.00% -$ 1,142,704$ 8.45% 1,142,704$ MARKUPS N/A -$ 15,925$ 0.00% 0.52$ 15,925$ 8.45% 15,925$ 23,996,793$ $787 /SF 144,850 $ $4.75 /SF 24,141,643 $ 8.45% $24,141.6M / COST of WORK SUBTOTAL:

TOTAL:

DIVISION 33 - UTILITIES:

33.00.01 - UTILITIES
DIVISION 32 - EXTERIOR IMPROVEMENTS:

DIVISION 31 - EARTHWORK:

DIVISION 26 - ELECTRICAL:

DIVISION 27 - COMMUNICATIONS:

DIVISION 21 - FIRE SUPPRESSION:

DIVISION 22 - PLUMBING:

DIVISION 23 - HVAC:

DIVISION 14 - CONVEYING EQUIPMENT:

DIVISION 10 - SPECIALTIES:

DIVISION 09 - FINISHES:

DIVISION 08 - OPENINGS:

DIVISION 06 - WOOD, PLASTICS, & COMPOSITES:

SUMMARY Design VE TRENDING ESTIMATE
Description
DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS:

DIVISION 05 - METALS:

DIVISION 03 - CONCRETE:

DIVISION 04 - MASONRY:

City of Fontana City Hall Renovation
Project Phase 1
REV 00
Main Quantity:

Print Date: September 07, 2023

PROJECT TOTAL
DIVISION 02 - EXISTING CONDITIONS:

DIVISION 01 - GENERAL REQUIREMENTS & PROJECT SPECIFICS:

DIVISION 07 - THERMAL & MOISTURE PROTECTION:

PROJECT TOTAL page 1 of 1
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City of Fontana City Hall Renovation Project Phase 1 TARGET (CUR to New Goal):

Cost Variance Log (ADD & DEDUCT) -$ 549,325 $ 549,325$
CURRENT to Future Pricing 420,400$ - $ (420,400)$
51,928$ 67,852 $ 15,925$
TOTAL: 472,328$ 617,177 $ 144,850$
Spec Spec
Name
Item Type Current Value Target Value Accepted Notes
Sandblast and Prime Exposed Struct Steel Total: $0 Total: $32,385 Total: $32,385

09.90.00 PAINTING AND COATINGSandblast and Prime Exposed Struct Steel Value Add 28,825$ 28,825$ Initial Pricing. Final pricing to be obtained during buyout MARKUPSMarkups 0$ 3,560$ 3,560$
Sunshades at Windows Total: $0 Total: $140,440 Total: $140,440

07.42.13 METAL WALL PANELSBOK Sunshades Value Add 125,000$ 125,000$ Initial Pricing. Final pricing to be obtained during buyout MARKUPSMarkups 0$ 15,440$ 15,440$
Exterior Wall Panel Upgrade Total: $51,008 Total: $382,558 Total: $331,551

07.42.13 METAL WALL PANELSExterior Wall Panel Upgrade Value Add 340,500$ 340,500$ Initial Pricing. Final pricing to be obtained during buyout

09.24.23CEMENT PLASTERDdt - Stucco West Elevation Value Engineering 23,420$ (23,420)$ Initial Pricing. Final pricing to be obtained during buyout

09.24.23CEMENT PLASTERDdt - Stucco South Elevation Value Engineering 19,360$ (19,360)$ Initial Pricing. Final pricing to be obtained during buyout

09.24.23CEMENT PLASTERDdt - Stucco North Elevation Value Engineering 2,620$ (2,620)$ Initial Pricing. Final pricing to be obtained during buyout MARKUPSMarkups 5,608$ 42,058$ 36,451$
Operable Walls Total: $0 Total: $61,794 Total: $61,794

10.22.26 OPERABLE PARTITIONSOperable Walls at Patio and Conference Room Value Add 55,000$ 55,000$ Initial Pricing. Final pricing to be obtained during buyout MARKUPSMarkups 0$ 6,794$ 6,794$
Delete Generator Total: $252,792 Total: $0 Total: ($252,792)

26.00.00ELECTRICALDelete Generator Value Engineering 225,000$ (225,000)$ MARKUPSMarkups 27,792$ 0$ (27,792)$
Reduce Ceiling Height of 2nd Floor by 12" Total: $168,528 Total: $0 Total: ($168,528)

05.12.00 STRUCTURAL STEEL FRAMING
Reduce Ceiling Height of 2nd Floor by 12" Value Engineering 150,000$ (150,000)$ Initial Pricing. Final pricing to be obtained during buyout MARKUPSmarkups 18,528$ 0 $ (18,528)$
Mark-ups
Value Add
Value Engineering

RFP RESPONSE FOR DESIGN-BUILD ENTITIES | CITY OF FONTANA | CITY HALL RENOVATION PROJECT – PHASE I K. APPENDIX
BP

CCiittyy ooff FFoonnttaannaa CCiittyy HHaallll RReennoovvaattiioonn PPrroojjeecctt –– PPhhaassee 11 DDeessiiggnn--BBuuiilldd RRFFPP RReessppoonnssee

QQUUAALLIIFFIICCAATTIIOONNSS,, IINNCCLLUUSSIIOONNSS,, && EEXXCCLLUUSSIIOONNSS 8/3/2023

CCOONNTTRRAACCTT TTEERRMMSS
The PENTA Building Group has reviewed the contract contained in the RFP and we believe that upon award, PENTA and the City of Fontana will be able to reach mutually agreeable contract terms without delay to the project.

GGEENNEERRAALL IITTEEMMSS

1. This cost proposal is based on the bid documents provided in the RFP, including Addendum #1 and Q&A Sets #1 & #2.

2. Special inspections, plan check, zoning and permit fees are not included in this proposal unless otherwise noted on the proposal.

3. Hazardous materials removal and abatement are not included.

4. The drawings do not make specific note of any LEED requirements. As such, we have not included any additional costs for impacts from LEED requirements.

5. All budgets and alternates listed within our qualifications are exclusive of markups.

6. Finishes and build-out of the KFON Studio space is by Others, and has been excluded from this proposal.

DDIIVVIISSIIOONN 11 –– PPRREECCOONNSSTTRRUUCCTTIIOONN,, GGEENNEERRAALL CCOONNDDIITTIIOONNSS && PPRROOJJEECCTT SSPPEECCIIFFIICC CCOONNDDIITTIIOONNSS

1. Preconstruction services have been included, as required.

2. General Conditions are based on the schedule provided with this RFP response.

3. Design services have been included in this proposal.

4. Work hours are based on City requirements.

DDIIVVIISSIIOONN 22 –– EEXXIISSTTIINNGG CCOONNDDIITTIIOONNSS

1. Our proposal excludes any unforeseen ground conditions, including but not limited to hazardous soil, underground storage tanks and existing underground utilities.

2. Includes demolition of existing structures as per the Bridging Documents.

DDIIVVIISSIIOONN 33 –– CCOONNCCRREETTEE

1. Footings, grade beams, slabs on grade, have been included with reinforcing steel per our design teams’ preliminary structural plan.

2. Includes a concrete drive deck, on-grade, for the parking area.

3. Includes lightweight concrete fill at 2nd floor slab. Roof deck does not require concrete fill.

Qualifications
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BQ

4. Includes hardscape, curbs and gutter, and concrete planters per our preliminary design.

DDIIVVIISSIIOONN 44 –– CCMMUU

1. Non-structural CMU has been included at the garaged parking area and at the first floor of the stair shafts.

DDIIVVIISSIIOONN 55 -- MMEETTAALLSS

1. Includes structural steel per our preliminary design.

2. Includes stairs and handrails.

DDIIVVIISSIIOONN 66 –– WWOOOODD,, PPLLAASSTTIICCSS AANNDD CCOOMMPPOOSSIITTEESS

1. Includes plastic laminate casework, plastic laminate countertops, quartz countertops, at locations derived from the Bridging Documents.

2. Includes higher level of finish at Lobby Reception Desk with wood wall paneling.

DDIIVVIISSIIOONN 77 –– TTHHEERRMMAALL && MMOOIISSTTUURREE PPRROOTTEECCTTIIOONN

1. Includes in-wall insulation as required.

2. Includes exposed spray-insulation at the underside of the 2nd floor deck at the parking area.

3. Includes a single ply TPO roof with a 20 year warranty

4. Includes parapet caps and flashing, as required.

5. Includes metal paneling at underside of main entry canopy feature (base design). Alternates included in the body of the RFP response provide additional exterior finish material options.

DDIIVVIISSIIOONN 88 –– OOPPEENNIINNGGSS

1. Includes doors, frames, and hardware per floor plans and Basis of Design

2. Includes glass doors at entry areas.

3. Includes dual-glazed, low-e glazing at all storefront and curtainwall areas with aluminum mullions in standard finishes and sizes. All glass panels to be equal to or less than 50SF.

4. Includes sidelites at interior office areas.

5. Includes (4) 30’ wide motorized garage doors at parking area.

DDIIVVIISSIIOONN 99 –– FFIINNIISSHHEESS

1. Includes smooth plaster cement finish at all exterior walls (base design). Alternates included in the body of the RFP response provide additional exterior finish material options.

2. Interior walls have drywall finish. Drywall ceilings included in restrooms shown.

3. Includes 2x2 ACT at majority of ceilings. Also includes sound baffles and alternate ceiling finishes at open ceiling areas (approx. 4,000 SF).

4. Includes flooring and tile finishes per the basis of design as well as our preliminary design. Material allowances have been included in the Cost Breakdown provided in the Appendix submitted with this RFP response.

5. Includes sealed concrete flooring at the patio area.

6. Paint at all interior walls and hardlid ceilings

Qualifications
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DDIIVVIISSIIOONN 1100 –– SSPPEECCIIAALLTTIIEESS

1. Our proposal includes for code signage only. All building and feature signage is excluded.

2. Our proposal includes plastic laminate toilet partitions and toilet accessories, as required.

DDIIVVIISSIIOONN 1122 –– FFUURRNNIISSHHIINNGGSS

1. All FF&E has been excluded, such as window coverings, furniture, cubicles, and desks.

DDIIVVIISSIIOONN 1144 -- EELLEEVVAATTOORRSS

1. Includes a 2-stop elevator, per the basis of design. Includes standard finishes.

DDIIVVIISSIIOONN 2211 –– FFIIRREE SSUUPPPPRREESSSSIIOONN

1. Includes fire sprinkler system. Drive deck area has been excluded from coverage area.

2. Excludes any additional fire pumps.

DDIIVVIISSIIOONN 2222 –– PPLLUUMMBBIINNGG

1. Includes complete plumbing system as per the basis of design.

DDIIVVIISSIIOONN 2233 –– HHVVAACC

1. Includes complete HVAC system as per the basis of design.

DDIIVVIISSIIOONN 2266 –– EELLEECCTTRRIICCAALL

1. Includes complete Electrical system as per the basis of design.

2. Includes $225,000 allowance for the generator system.

DDIIVVIISSIIOONN 2277//2288 –– FFIIRREE AALLAARRMM && LLOOWW VVOOLLTTAAGGEE

1. Includes code-compliant fire alarm system.

2. We have included a $285,600 allowance for tel/data cabling and infrastructure.

DDIIVVIISSIIOONN 3311 –– EEAARRTTHHWWOORRKK

1. Includes rough and fine grading as required for new construction.

2. Includes aggregate bases as required.

DDIIVVIISSIIOONN 3322 –– LLAANNDDSSCCAAPPIINNGG

1. Includes landscaping and irrigation allowance of $90,000.

DDIIVVIISSIIOONN 3333 –– UUTTIILLIITTIIEESS

1. Includes utilities per the basis of design.

2. Excludes storm drain and stormwater retention systems (none shown).

Qualifications
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DIR Registration – The PENTA Building Group
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DIR Registration – Carrier Johnson + CULTURE
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DIR Registration – KPFF
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DIR Registration – P2S
See updated insurance proof on next page
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DIR Registration – P2S (Updated Insurance Proof)
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ATTACHMENT 2

GENERAL CONDITIONS

ARTICLE 1 -DEFINITIONS AND TERMINOLOGY

1.1 Defined Terms.

A. Wherever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God -- Act of God is an earthquake of magnitude 3.5 or higher on the Richter Scale or a tidal wave.

2. Additional Work – New or unforeseen work will be classified as “Additional Work” when Agency’s Representative determines that it is not covered by the Contract.

3. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (in cluding utilities), to the extent they apply to the Work.

4. Application for Payment -- The form acceptable to Agency’s Representative which is to be used by the Design -Build Entity during the course of the Work in requesting progress or final payments and wh ich is to be accompanied by such supporting documentation as is required by the Contract Documents.

5. Architect of Record or Engineer of Record (“A/E”) -- The individual, partnership, corporation, joint venture, or other legal entity named as the Design Prof essional in the Contract or any succeeding entity designated by Agency.

6. Bridging Documents -- Includes, but is not limited to, the portions of the Contract Documents which constitute an outline of design requirements, Work, Project Program, Performance Specifications and schematic drawings.

7. Certificate for Payment -- The form signed by Agency’s Representative attesting to the Design -Build Entity’s right to receive payment for certain completed portions of the Work on the Project in accordance with Article 12.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Project Completion Date, issued on or after the Effective Date of the Contract, in accordance with th e Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Design-Build Entity for an adjustment in the Contract Price and/or Project Completion Date as the result of a Design-Build Entity-claimed change to the Work.
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10. Claim -- A demand or assertion by Agency or Design -Build Entity seeking an adjustment of the Contract Price or Project Completion Date, or both, or other relief with respect to the terms of the Contract. A demand for money o r services by a third party is not a Claim.

11. Construction Documents -- The plans and Technical Specifications prepared by the Design -Build Entity for the Project and approved by Agency. The Construction Documents shall set forth in detail all items necessa ry to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents.

Following commencement of the Construction Phase, Construction Documents become part of the Contract Documents upon their completion and approval by Agency. All amendments and modifications to the Construction Documents must be approved by Agency in writing.

12. Construction Documents Phase – The first phase of the Work and will commence with the issuance of the Notice to Proceed.

13. Construction Phase -- The second phase of the Work and will commence upon final approval of the Construction Documents by Agency and a Notice to Proceed with Construction.

14. Construction Work -- That portion of the Work on the Project consisting of the provision of labor, materials, furnishings, equipment and services in connection with the construction of the Project as set forth in the Contract Documents.

15. Contract -- The entire integrated written agreement between Agency and Design- Build Entity concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or or al, and includes all Contract Documents.

16. Contract Documents -- The documents listed in Section 1 of the Contract. Some documents provided by Agency, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

17. Contract Times -- The number of days or the dates stated in the Contract Documents and Project Schedule to achieve defined Milestones, if any, and to complete the Work so that it is ready for final payment.

18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Design-Build Entity made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortag es and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Design-Build Entity at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulti ng from a Force Majeure Event, does not constitute a Critical Supply Shortage. 144
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19. Daily Rate – The Reverse Liquidated Damages amount stipulated in the Contract Documents as full compensation to the Design -Build Entity due to Agency’s unreasonable delay to the Project that was not contemplated by the parties.

20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or th at does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

22. Demobilization – The complete dismantling and removal by the Design -Build Entity of all of the Design -Build Entity’s temporary facilities, equipment, and personnel at the Site.

23. Design-Build Entity -- The individual or entity with which Agency has contracted for performance of the Work.

24. Design-Build Entity Representative -- The person or firm identified as the primary contact person and representative of the Design-Build Entity as designated in the Contract and who shall not be changed without prior written consent of Agency.

25. Design Materials -- Any and all documents, shop drawings, electronic information, including comput er programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design -Build Enti ty: (1) to Agency under the Contract Documents or; (2) developed or prepared by or for the Design -Build Entity specifically to discharge its duties under the Contract Documents.

26. Design Professional -- The individuals or entities who will provide the Design - Build Entity with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction.

27. Design Work -- The portion of the Work on the Project consisting of the D esign services and design deliverables required to be provided in connection with the Design of the Project as set forth in the Contract Documents.

28. Drawings -- The graphic and pictorial portions of the Contract Documents showing the design, location, and d imensions of the Work to be done on the Project, generally including plans, elevations, sections, details, schedules, and diagrams prepared as part of the Design Materials. The Drawings are listed in the List of Drawings.

29. Effective Date of the Contract – The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
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30. Equipment Manufacturer -- Any Separate C ontractor that fabricates and/or supplies any of Agency’s provided equipment which is installed in the Project by the Design-Build Entity.

31. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1 ) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approva ls by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this sectio n, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the Agency in its capacity as a municipal authority.

32. Governmental Approvals -- Those governmental actions required to be obtained by Agency and necessary for the completion of the Project.

33. Hazardous Materials – Any substance: the presence of which requires investigation or remediation under any federal, state or local law, statute, regulation, ordinance, order, action, policy, or common law; which is or becomes defined as a "hazardous waste," "hazardous substance," pollutant, or contaminant under any federal, state or local law, statute, regulation, rule or ordinance, or amendments ther eto, including, without limitations, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA"), as amended, or the Resource, Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq. ("RCRA"); which is petroleum, including crude oil or any fraction thereof not otherwise designated as a “hazardous substance” under CERCLA including, without limitation, gasoline, diesel fuel, or other petroleum hydrocarbons; which is toxic, explosive, co rrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any regulatory agency or instrumentality or the United States; the presence of which on the Site causes or threatens to cause a nuis ance upon the Site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Site; the presence of which on adjacent properties could constitute a trespass by the Design -Build Entity or the Agency; or as defined in the California Health and Safety Code. For the purposes of this Contract, “Hazardous Materials” shall also include, but are not limited to, “Underground Storage Tanks.” "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall include: any tank of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises whe re stored; any septic tank; and any pipes connected to the above items.
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34. Holidays -- Holidays occur on:

New Year’s Day - January 1
Martin Luther King Jr. Day – Third Monday of January
President’s Day – Third Monday of February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

35. Liens – Charges, security interests, or encumbrances upon Project funds, or personal property, including without limitation Stop Payment Notices.

36. Milestones – A principal event specified in the Contract Documents associated with a required completion date or time prior to Completion of all the Work.

Failure to achieve Milestones may resu lt in Liquidated Damages as described in the Contract Documents.

37. Notice of Award – The written notice by Agency to the Design-Build Entity stating that upon timely compliance by the Design -Build Entity with the conditions precedent listed therein, Agency will sign and deliver the Contract.

38. Notice of Completion – The form which may be executed by Agency and recorded by the county where the Project is located constituting final acceptance of the Project.

39. Notice to Proceed -- A written notice given by Agency to the Design-Build Entity fixing the date on which the Design -Build Entity may proceed with the Work and when Contract Time will commence to run.

40. Partial Utilization – Use by Agency of a substantially completed part of the Work prior to Completion of all the Work.

41. Performance Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrat ive requirements and procedural matters applicable thereto included within the Bridging Documents.

42. Project -- The total design and construction of which the Work performed under the Contract Documents may be the whole, or a part, and which may include separate design or construction work performed by Agency or by Separate Contractors for the Project.
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43. Project Completion Date -- The date by which the Design-Build Entity agrees that all Work described in the Contract Documents shall be completed. The Project Completion Date is set forth in the Contract.

44. Project Schedule -- The graphical representation of a practical plan to complete the Work on the Project within the Project Completion Date and other Contract Times. The detailed requirements for the Project S chedule are stated in Article

6. 45. Proposal -- The proposal submitted by the Design-Build Entity in response to the Request for Proposal for this Project.

46. Request for Proposal (“RFP”) -- The request for proposal issued by Agency for the Project and includes all documents, exhibits, attachments, and addenda thereto.

47. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

48. Separate Contractor -- A person, or firm, under separate contract with Agency performing other work at the Project site which may affect the Work.

49. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information whic h are specifically prepared or assembled by or for Design - Build Entity and submitted by Design-Build Entity to illustrate some portion of the Work.

50. Site -- Lands or areas indicated in the Contract Documents as being furnished by Agency upon which the Work is to be performed, including rights -of-way and easements for access thereto, and such other lands furnished by Agency which are designated for the use of Design-Build Entity.

51. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

52. Subcontractor – An individual or entity that has a contract with the Design -Build Entity or with a Subcontractor of the Design -Build Entity to perform a portion of the Work on the Project. Unless otherwise specifically provided, the term Subcontractor includes Subcontractors of all tiers.

53. Submittal - Written or graphic information and physical samples prepared and supplied by the Design-Build Entity demonstrating various portions of the Work.

54. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design -Build Entity or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

55. Technical Specifications – All documents developed by the Design -Build Entity and which are ready for final construction.
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56. Tier -- The contractual level of a Subcontractor or supplier or consultant with respect to the Design-Build Entity. For example, a first tier Subcontractor is under subcontract with the Design -Build Entity, a second tier Subcontractor is under subcontract with a first tier Subcontractor, and so forth.

57. Warranty A written guarantee provided to Agency by the Design-Build Entity that the Work remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.

58. Work -- The entire design and construction, or the various s eparately identifiable parts thereof, required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction, and furnishing, installing, and incorporating all materials and equipment into such design and construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Project site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “per form” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “pro vide” is used in connection with services, materials, or equipment, an obligation of Design - Build Entity is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade mean ing are used in the Contract Documents in accordance with such recognized meaning ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents.

A. Within fifteen (15) Days after receipt of the Notice of Award and before Agency will execute the Contract, the Design -Build Entity shall furnish and file with Agency a signed Contract in duplicate and the necessary Performance Bond, Payment Bond, Certificates of Insurance and Endorsements, Escrow Agreement (if used) and Tax 149
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Identification Number, as well as any other documents specified in the Contract Documents. Notwithstanding the foregoing, if the Contract Price has yet to be established at Notice of Award, then the Performance Bond and Payment Bond may be provided after establishing the Contract Price and prior to the Construction Phase.

2.2 Bonds.

A. Design-Build Entity shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the St ate of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Re insuring Companies," authorized to do business in the State of California and acceptable to Agency conditioned upon the faithful performance by the Design -Build Entity of all requirements of the Contract Documents. Each of the bonds shall be in a sum no l ess than one hundred percent (100%) of the Contract Price.

2.3 Evidence of Insurance.

A. Design-Build Entity shall obtain, at its sole cost and expense, all insurance required by Article 5. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to Agency within fifteen (15) Days after receipt of the Notice of Award and before execution of the agreement for construction by Agency.

2.4 Execution of Contract.

A. Upon receipt of the required Contract Documents, Agency will execute the Contract, establishing the Effective Date of the Contract.

2.5 Commencement of Contract Times; Notice to Proceed with Construction.

A. The Agency will not issue a Notice to Proceed until aft er the Effective Date of the Contract. Construction Work shall commence within fifteen (15) Days of the date stated in Agency’s Notice to Proceed with Construction. No Construction Work shall be done at the Site prior to the date on which the Contract Tim e commence to run.

Nothing herein shall affect the Project Completion Date.

2.6 Copies of Documents.

A. Agency will furnish to Design -Build Entity one (1) copy of the Bridging Documents.

Additional copies will be furnished upon request at the cost of reproduction.

2.7 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Project site is started, a conference attended by Agency, Design-Build Entity, Agency’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings 150
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and other submittals, processing Applications for Payment, and maintaining required records.

2.8 Initial Acceptance of Schedules.

A. At least ten (10) Days before submission of the first Application for Payment, a conference attended by Design-Build Entity, Agency’s Representative, and others as appropriate will be held to review for acceptability to Agency’s Representative the schedules submitted, as required by the Contract Documents. Design -Build Entity shall have an additional ten (10) Days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design-Build Entity until acceptable schedules are submitted to Agency’s Representative. Acceptance of the schedules by Agency’s Representative will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Design-Build Entity from Design-Build Entity’s full responsibility therefor.

ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1 Intent.

A. The Contract Documents are complementary; what is required b y one is as binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, service s, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Agency. Clarifications and interpretations of the Contract Documents shall be issued by Agency’s Representative as provided in these General Conditions.

B. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

C. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Design -Build Entity in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.2 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to fede ral specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specific ation, manual, code, or Applicable Laws in effect at the time of opening of proposals (or on the 151
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Effective Date of the Contract if there were no proposals), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a supplier, shall be effective to change the duties or responsibilities of Agency, Design-Build Entity, or Agency’s Representative, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Agency or Agency’s Representative, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.3 Order of Precedence.

A. The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work on the Project by the Design-Build Entity. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Design-Build Entity shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents.

B. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provision s of the Contract Documents and the provisions of any standard, specification, manual, or code, or the instruction o f any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or the provisions of any Applicable Laws (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Applicable Law).

C. In resolving conflicts among any of the Contract Documents, the order of precedence shall be as follows:

1. Permits from other agencies as may be required by law;

2. Change Orders or Pending Change Orders, most recent first;

3. Design-Build Contract;

4. Special Conditions;

5. General Conditions;

6. RFP and all addenda, attachments and appendices;

7. Design-Build Entity Proposal in response to RFP;

8. Construction Documents prepared by Design-Build Entity; and

9. Drawings prepared by Design-Build Entity;
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10. Request for Qualifications and all addenda, attachments and appendices; and

11. Design-Build Entity Statement of Qualifications in response to Request for Qualifications.

D. With reference to the Drawings the order of precedence shall be as follows:

1. Figures govern over scaled dimensions;

2. Detail drawings govern over general drawings;

3. Change Order drawings govern over Drawings;

4. Drawings govern over standard drawings.

E. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.4 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by a Change Order.

3.5 Interpretation and Use of Contract Documents.

A. Agency and the Design -Build Entity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the RFP upon which the Design -Build Entity based its Propos al. Prior to the commencement of construction on the Project, the parties shall confirm, in writing, the final form of the Contract Documents that are to be utilized. Specifically, once approved by Agency, the Construction Documents become a part of the C ontract Documents and define the entire scope of work, so long as such documents incorporate all minimum requirements of the Bridging Documents. The Design -Build Entity shall certify that the Construction Documents are in full compliance with the Contract Documents, except as noted.

B. Organization of the Performance Specifications into various subdivisions and the arrangement of the Drawings shall not control the Design -Build Entity in dividing portions of the Work necessary for the Project among Subcontract ors or in establishing the extent of Work to be performed by any trade.

C. Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professi onal and construction industry meanings; nontechnical words and abbreviations are used in accordance with their commonly understood meanings.

D. The Contract Documents may omit modifying words such as “all” and “any,” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word “including,” when following any general 153
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statement, shall not be construed to li mit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with ref erence thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

E. Whenever the context so requires, the use of the singular number shall be deemed to i nclude the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include a corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

F. Each and every provision of law required by law to be inserted in the Contract Documents shall be deemed to be inserted herein, and the Contract Documents shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall be amended in writing to make such insertion or correction.

G. Before commencing any Work on the Project, the Design -Build Entity shall check and review the Contract Documents, including the Constructi on Documents, for conformance and compliance with all laws, ordinances, codes, rules and regulations of all governmental authorities and public utilities affecting the construction and operation of the physical plant of the Project, all quasi -governmental and other regulations affecting the construction and operation of the physical plant of the Project, and other special requirements, if any, designated in the Contract. In the event the Design -Build Entity observes any violation of any law, ordinance, cod e, rule or regulation, or inconsistency with any such restrictions or special requirements of the Contract, the Design -Build Entity shall immediately notify Agency’s Representative in writing of the same and shall cause to be corrected any such violation o r inconsistency in the manner provided hereunder. The Design -Build Entity shall be solely liable for any such violation, inconsistency or special requirement, if Design -Build Entity fails to conduct such review or notification to Agency.

H. Before commencing any Work on the Project, the Design -Build Entity shall carefully examine all Performance Specifications, the Contract, the Contract Documents and other information given to the Design -Build Entity as to Project requirements. The Design-Build Entity shall immediately notify Agency’s Representative of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation in such documents in writing. Neither the Design -Build Entity nor any Subcontractor shall take advantage of any appar ent error or omission which may be found in the Performance Specifications, the Contract, the Contract Documents or other information given to Design -Build Entity. If the Design -Build Entity or its Subcontractors, material or equipment suppliers, or any o f their officers, agents, and employees performs, permits, or causes the performance of any Work under the Contract, which it knows or should have known to be in error, inconsistent, or 154
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ambiguous, or not sufficiently detailed or explained, the Design -Build Entity shall bear any and all costs arising therefrom including, without limitation, the cost of correction thereof without increase or adjustment to the Contract Price or the Project Completion Date. In no case shall any Subcontractor proceed with Work if uncertain without the Design-Build Entity’s written direction and/or approval.

3.6 Reuse of Documents.

A. Design-Build Entity and any Subcontractor shall not: have or acquire any title to or Ownership rights in any of the Construction Documents or other docume nts (or copies of any thereof) prepared by or bearing the seal of the A/E or its consultants, including electronic media editions; or reuse of any such Construction Documents, other documents, or copies thereof on extensions of the Project or any other pro ject without written consent of Agency and A/E and specific written verification or adaptation by the A/E. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Design -Build Entity from retaining copies of the Contract Documents for record purposes.

3.7 Electronic Data.

A. The data furnished by Agency or Agency’s Representative to Design-Build Entity, or by Design -Build Entity to Agency or Agency’s Representative, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such e lectronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise wi thout authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) Days, after which the receiving party shall be deemed to have accepted the data thus transferred. A ny errors detected within the 60 -Day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readabi lity of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.

3.8 Ownership and Use of Construction Documents.

A. The Construction Documents, and all copies thereof, furnished to, or provided by, the Design-Build Entity are the property of Agency. Agency and the Design-Build Entity explicitly agree that all materials and documents developed in the performance of this Contract are the property of Agency pursuant to the requirements of Agency.

Agency shall have unlimited rights, for the benefit of Agency, in all drawings, designs, technical specifications, notes and any other documentation and other Work developed in th e performance of this Contract for the Project, including the right to re-use details of the Design on any other Agency Work at no additional cost to 155
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Agency. The Design -Build Entity agrees to, and hereby does, grant to Agency a royalty free license to all such data that the Design -Build Entity may cover by copyright and to all designs as to which the Design -Build Entity may assert any right or establish any claim to under the patent or copyright laws. The Design-Build Entity, for a period up to five (5) y ears from the date of Completion of the Project, agrees to furnish and to provide access to the originals or copies of all such materials immediately upon the written request of Agency. Any use or reuse by Agency of the Construction Documents on any project other than this Project without employing the services of the Design-Build Entity shall be at Agency’s own risk with respect to third parties. If Agency uses or re-uses the Construction Documents on any project other than this Project, it shall remove th e A/E’s seal from the Construction Documents and hold harmless Design -Build Entity, A/E, and their officers, directors, agents and employees from claims arising out of the use or re -use of the Construction Documents on such other project. Design -Build Entity shall not be responsible or liable for any revisions to the Construction Documents made by any party other than the Design -Build Entity, a party for which the Design -Build Entity is legally responsible or liable, or anyone approved by the Design-Build Entity.

3.9 Administration of the Contract by Agency’s Representative.

A. During the term of this Design -Build Contract, Agency’s Representative shall have the right to review the Design -Build Entity’s Work at such intervals as deemed appropriate by Agency’s Repr esentative. However, no actions taken during such review or site visit by Agency’s Representative shall relieve the Design-Build Entity of any of its obligations of single point responsibility for the design and construction of this Project nor form the ba sis for a Claim if such actions extend beyond the Project Completion Date.

B. Agency’s Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work on the Project, since these are solely the Design -Build Entity’s responsibility.

C. Except as otherwise provided in the Contract Documents or when direct communications have been specifi cally authorized, Agency and the Design -Build Entity shall communicate through Agency’s Representative. Communications by the Design-Build Entity with Agency’s consultants and Agency’s Representative’s consultants shall be through Agency’s Representative. Communications by Agency and Agency’s Representative with Subcontractors will be through the Design -Build Entity. Communications by the Design -Build Entity and Subcontractors with Separate Contractors shall be through Agency’s Representative. The Design -Build Entity shall not rely on oral or other non-written communications.

D. Based on Agency’s Representative’s Project site visits, review of the Work, and evaluations of the Design -Build Entity’s Applications for Payment, Agency’s Representative will recommend amounts, if any, due the Design -Build Entity and will issue Certificates for Payment in such amounts.
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E. Agency’s Representative will have the authority to reject Work on the Project, or any portion thereof, which does not conform to the Contract Documents . Agency’s Representative will have the authority to stop Work on the Project, or any portion thereof. Whenever Agency’s Representative considers it necessary, or advisable, for implementation of the intent of the Contract Documents, Agency’s Representati ve will have the authority to require additional inspection or testing of the Work on the Project in accordance with the Contract Documents, whether or not such Work is fabricated, installed, or completed. However, no authority of Agency’s Representative conferred by the Contract Documents nor any decision made in good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of Agency or Agency’s Representative to the Design -Build Entity, or any person or entity claiming under, or through, the Design-Build Entity.

F. Agency’s Representative will have the authority to conduct inspections in connection with beneficial occupancy and to determine the dates of Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by the Design-Build Entity; and will issue a final Certificate for Payment upon the Design -Build Entity’s compliance with the requirements of the Contract Documents.

G. Agency’s Representative will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of performance thereunder by the Design -Build Entity. Should the Design -Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarification of the Contract Documents; question whether Work is within the scope of the Contract Documents; then, before proceeding with th e Work affected, the Design -Build Entity shall notify Agency’s Representative in writing and request interpretation, or clarification.

Agency’s Representative’s response to questions and requests for interpretations, clarifications, instructions, or decisions will be made with reasonable promptness.

Should the Design -Build Entity proceed with the Work affected before receipt of a response from Agency’s Representative, any portion of the Work on the Project which is not done in accordance with Agency’s Representative’s interpretations, clarifications, instructions, or decisions shall be removed or replaced and the Design- Build Entity shall be responsible for all resultant losses.

H. Agency may at any time and from time to time, without prior notice to or approval of the Design -Build Entity, replace Agency’s Representative with a new Agency Representative. Upon receipt of notice from Agency informing the Design -Build Entity of such replacement and identifying the new Agency’s Representative, the Design-Build Entity shall recognize such person or firm as Agency’s Representative for all purposes under the Contract Documents.

ARTICLE 4 -AVAILABILITY AND OWNERSHIP OF LANDS AND MATERIALS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands.

A. Agency shall furnish the Project site. Agency shall notify Design -Build Entity of any encumbrances or restrictions not of general application but specifically related to use 157
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of the Project site with which Design -Build Entity must comply in performing the Work. Agency will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. Design -Build Entity shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment at no additional cost to Agency.

4.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, g ravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Design -Build Entity or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Co ntract, or to dispose of same, is hereby expressly reserved by Agency. Neither Design -Build Entity nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they asser t or make any claim thereto. Design -Build Entity will, as determined by Agency’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided Agency shall have the righ t to use or consume these materials without payment to a third party.

4.3 Hazardous Material at Site.

A. The Design -Build Entity shall have no responsibility for detection, abatement, remediation, removal or disposal of any Hazardous Material, except Hazardous Materials introduced onto the Project Site by the Design -Build Entity, its employees, subcontractors, agents, or other parties acting on behalf of the Design-Build Entity. In the event that the Design -Build Entity becomes aware of the presence of, or exposure of persons to, any Hazardous Material at the Project Site, the Design -Build Entity shall inform Agency by notice immediately. Notwithstanding anything to the contrary herein, the Design-Build Entity shall not be responsible for, and the Agency shall bear full responsibility and remediation costs relating to any Hazardous Materials uncovered, removed or disturbed by the Design -Build Entity on the Project Site resulting from the Design -Build Entity’s performance of the work hereunder, except Hazardous Mater ials introduced onto the Project Site by the Design -Build Entity, its employees, subcontractors, agents, or other parties acting on behalf of the Design-Build Entity. The Agency shall not be responsible for, and the Design -Build Entity shall bear full resp onsibility and remediation costs relating to any Hazardous Materials introduced onto the Project Site by the Design -Build Entity, its employees, subcontractors, agents, or other parties acting on behalf of the Design-Build Entity.

B. The Design-Build Entity hereby specifically agrees to indemnify, defend and hold the Agency, its present and future directors, officers, employees, agents, representatives, successors and assigns harmless from and against any and all losses, liabilities, claims, demands, damages , causes of action, fines, penalties, costs and expenses (including, but not limited to, all reasonable consulting, engineering, attorneys’ or other professional fees), that they may incur or suffer by reason of: (a) the existence, uncovering or unveiling, or any release by the Agency or Design-Build Entity of, a Hazardous Material introduced onto the Project Site by the Design-Build Entity, its employees, subcontractors, agents, or other parties acting on 158
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behalf of the Design -Build Entity; (b) any enforcem ent or compliance proceeding commenced by or in the name of any governmental authority because of the presence on the Project Site of Hazardous Materials introduced onto the Project Site by the Design -Build Entity, its employees, subcontractors, agents, or other parties acting on behalf of the Design -Build Entity; and (c) any action reasonably necessary to abate, remediate or prevent a violation or threatened violation of any Hazardous Material laws by the Design-Build Entity.

4.4 Protection and Restoration of Existing Improvements and Reference Points.

A. Design-Build Entity shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior wri tten approval of Agency. Design-Build Entity shall report to Agency’s Representative whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

ARTICLE 5 -BONDS AND INSURANCE

5.1 Time for Compliance. Design-Build Entity shall not commence Work under this Contract until it has provided evidence to Agency that it has secured all insurance required under this Article. Design -Build Entity shall require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements stated herein. Design - Build Entity shall not allow any subconsultant or subcontractor to commence work on any subcontract until it has provided evidence to Agency that the subconsultant or subcontractor has secured all insurance required under this Article.

5.2 Minimum Requirements. Design-Build Entity shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise out of or result from the performance of the Work and Design-Build Entity’s other obligations under the Contract Documents whether by Design-Build Entity, its agents, representatives, employees or subcontractors. Design - Build Entity shall also require all of its subconsultants and subcontractors to procure and maintain the same insurance for the duration of the Contract and verify the subconsultants’ and subcontractors’ compliance. Design -Build Entity’s and subconsultants’ and subcontractors’ insurance shall meet at least the minimum levels of coverage set forth in this Article:

A. Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occu rrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) or if Design -Build Entity has no owned autos, non -owned, leased or hired autos Code 8 (hired) and Code 9 (non -owned); (3 ) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Installation Floater/Builder’s Risk:
“All Risk All Perils” form; and (5) Professional Liability /Errors and Omissions. The policies shall not contain any exclusion contrary to the Contract, including but not 159
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limited to endorsements or provisions limiting coverage for (1) contractual liability or (2) cross liability for claims or suits by one insured against another.

B. Minimum Limits of Insurance . The Design -Build Entity shall maintain limits no less than:

1. For Commercial General Liability, Design-Build Entity shall have limits of at least the amount that corresponds to the Contract Price in the following table:

Contract Price Amount of Liability Insurance
(per occurrence)
$ 0 - $ 2 million $ 2 million
$ 2 million - $ 5 million $ 3 million
$ 5 million - $ 10 million $ 5 million
$ 10 million - $ 20 million $10 million
$ 20 million - $ 30 million $20 million

If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 25 03, either the general aggregate limit shall apply separately to the Project or the general aggregate limit shall be twice the required occurrence limit. Should any of the Work involve aircraft (fixed wing or helicopter) owned or operated by Design -Build Entity, liability insurance with limits of not less than $5,000,000 per occurrence for bodily injury and property damage is required. Should any of the Work involve watercraft owned or operated by Design-Build Entity, liability insurance with limits of not less than $5,000,000 per occurrence for bodily injury and property damage is required.

2. Automobile Liability: $1 million per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer’s Liability:
a. Workers’ Compensation: statutory limits.
b. Employer’s Liability limits of $1 million per accident for bodily injury or disease.
c. Should any of the Work be upon or contiguous to navigable bodies of water, Design-Build Entity shall carry insurance covering its employees for benefits available under the Federal Longshoremen's and Harbor Worker's Act to the extent required by law;

4. Excess/Umbrella Liability Policy may be provided to insure the total limits required for Commercial General Liability and Automobile Liability and must apply to all primary coverage afforded, including but not limited to general liability, owned and non-owned automobiles, leased and hired cars.

5. Professional Liability/Errors and Omissions: $2,000,000 per claim. 160
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C. Notices; Cancellation or Reduction of Coverage. At least fifteen (15) Days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with Agency. If such coverage is cancelled or materially reduced, Design -Build Entity shall, within ten (10) Days after receipt of written notice of such cancellation or reduction of coverage, file with Agency evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium pa id by Agency will be promptly reimbursed by Design -Build Entity or Agency may withhold amounts sufficient to pay premium from Design -Build Entity payments. In the alternative, Agency may suspend or terminate this Contract.

5.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Design-Build Entity shall provide endorsements on forms approved by Agency to add the following provisions to the insurance policies:

A. General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37 (including completed operations), or endorsements providing the exact same coverage, Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions shall be covered as additional insureds with respect to the Work or ongoing and completed operations performed by or on behalf of the Design-Build Entity, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions, or if excess, shall stand in an unbroken chain of coverage excess of the Design -Build Entity’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of Agency, before Agency’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by Agency, its officials, officers, empl oyees, agents, and volunteers and any other additional insureds named in the Special Conditions shall be excess of the Design - Build Entity’s insurance and shall not be called upon to contribute with it in any way.

B. Automobile Liability . The automobile liabi lity policy shall include or be endorsed (amended) to state that: (1) Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Design -Build Entity or for which the Design -Build Entity is responsible; and (2) the insurance coverage shall be primary insurance as re spects Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions, or if excess, shall stand in an unbroken chain of coverage excess of the Design -Build Entity’s scheduled underlying coverage. Any insurance or self -insurance maintained by Agency, its officials, officers, employees, agents, and volunteers and any other additional 161
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insureds named in the Special Conditions shall be excess of the Design -Build Entity’s insurance and shall not be called upon to contribute with it in any way.

C. Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree, using WC 00 03 13 or the exact equivalent, to waive all rights of subrogation against Agency, its officials, officers, e mployees, agents, and volunteers and any other additional insureds named in the Special Conditions for losses paid under the terms of the insurance policy.

D. Professional Liability/Errors and Omissions. Professional Liability Insurance insuring the A/E, its officers, directors, stockholders, employees, agents, or partner, and all other persons for whose acts the A/E may be liable, against any and all liabilities arising out of or in connection with the negligent acts, errors or omissions of any of the foregoing in connection with the carrying out of their professional responsibilities described in this Contract. Professional Liability Insurance shall remain in full force and effect, and shall be so certified to Agency by the insurer, for a period of five (5) years after the completion of all of the Design -Build Entity’s services hereunder and Agency’s acceptance of the Project. All subconsultants shall have professional liability insurance with the same limits (additional requirements for Professional Liability/Errors and Omissions Insurance written on a “claims made” basis are set forth below).

E. All Coverages. Each insurance policy required by this Agreement shall be endorsed to include the following provisions:

1. coverage shall not be suspended, voided, reduced or canceled except after thirty (30) Days (10 Days for nonpayment of premium) prior written notice by mail has been given to Agency and all additional insureds.

2. any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Agency and any other additional insureds.

3. standard separation of insureds provisions.

4. no special limitations on the scope of protection afforded to Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions.

5. waiver of any right of subrogation of the insurer against Agency, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow the Design -Build Entity or others providing insurance in compliance with these specifications to waive their right of recovery prior to a loss. By signing this agreement, the Design -Build Entity hereby waives its own right of recovery against Agency or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants and subcontractors.

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5.4 Builder’s Risk [“All Risk”]
A. It is the Des ign-Build Entity’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The Agency accepts no responsibility for the Work until the Work is formally accepted by the Agency. The Design-Build Entity shall provide a cert ificate evidencing this coverage before commencing performance of the Work.

B. The named insureds shall be Design -Build Entity, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and Agency, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Design -Build Entity shall not be required to maintain property insurance for any portion of the Work following acceptance by Agency.

C. Policy shall be provided for repl acement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specificati ons; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Pro ject; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub -limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to Agency to ensure adequacy and sublimit.

D. In addition, the policy shall meet the following requirements:

1. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.

2. Coverage shall include all materials stored on site and in transit.

3. Coverage shall include Design-Build Entity’s tools and equipment.

4. Insurance shall include boiler, machinery and material hoist coverage.

5. Agency shall be named loss payee.

5.5 Pollution Liability Insurance. Pollution Liability Insurance is required should any of the Project involve pollutants. Liability coverage shall include coverage for the environmental risk associated with the project and expenses related to such, including bodily injury, property damage, on and off site clean -up, transporting, carrying, or storing pollutants, coverage for non-owned disposal site in an amount not less than that set forth in the Special Conditions. Pollutants include, but are not limited to, asbestos, mold, microbial matter, solid, liquid, gaseous or thermal irritants or contaminants, including smoke, 163
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vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned, or reclaimed.

5.6 Receipt and Application of Insurance Proceeds. Any insured loss under the policies of insurance required herein will be adjusted wi th Agency and made payable to Agency as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of the provisions herein. Agency shall deposit in a separate account any money so receiv ed and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Project and the cost thereof covered by an appropriate Change Order. Agency as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing to Agency’s exercise of this power within fifte en (15) Days after the occurrence of loss. If such objection be made, Agency as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Agency as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Agency as fiduciary shall give bond for the proper performance of such duties.

5.7 Partial Utilization, Acknowledgement of Property Insurer. If Agency finds it necessary to occupy or use a portion or portions of the Project prior to Completion of all the Work, no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice th ereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.

5.8 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by Agency. Design-Build Entity shall guarantee that, at the option of Agency, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Agency, its officials, officers, employees, agents, and volunteers and any other additional insureds named in the Special Conditions; or (2) the Design-Build Entity shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5.9 Claims Made Policies. Claims made policies are not acceptable other than for Professional Liability. In addition to the requirements above, for any claims made policy:

The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work; Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after Agency’s acceptance of the Work; and If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Design -Build Entity must purchase “extended rep orting” coverage for a minimum of five (5) years after Agency’s acceptance of the Work.

5.10 Subcontractor Insurance Requirements. Design-Build Entity shall not allow any Subcontractors to commence work on any subcontract relating to the Work until Design - Build Entity has verified that all Subcontractors maintain insurance meeting all requirements under this Section and has provided evidence to Agency of such 164
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insurance. For Commercial General Liability coverage Subcontractors shall provide coverage naming Agency, its officials, officers, employees, agents, and volunteers with a format at least as broad as CG 20 38 04 13. If requested by Design -Build Entity, Agency may approve different scopes or minimum limits o f insurance for particular Subcontractors. Design -Build Entity shall confirm that Agency shall be named as additional insureds on all Subcontractors’ policies of Commercial General Liability Insurance and Commercial Automobile Insurance.

5.12 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to Agency.

5.13 Verification of Coverage. Design-Build Entity shall furnish Agency with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to Agency. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by Agency before work commences. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.14 Reservation of Rights. Agency reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5.15 Performance Bond and Payment Bond.

A. The Design-Build Entity shall submit performa nce and payment bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure Section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to Agency conditioned upon the faithful performance by the Design -Build Entity of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. The Design-Build Entity shall furnish bonds covering the faithful performance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the forms contained in the Contract. The obligations of the performance bond surety shall continue so long a s any obligation of Design -Build Entity remains. Nothing herein shall limit the Agency’s rights or the Design -Build Entity’s or surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

B. The Payment Bond and Performance Bond shall be in effect on the date the Contract is signed by Agency. The Design -Build Entity shall promptly furnish such additional security as may be required by Agency to protect its interests and those intere sts of persons or firms supplying labor or materials to the Project. The premiums for the Payment Bond and Performance Bond shall be paid by the Design -Build Entity. The Design-Build Entity maintains and agrees that it has executed Payment and 165
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Performance Bonds in the amounts and manner required by the Contract Documents. No payment will be made to the Design -Build Entity until the Design - Build Entity’s Payment Bond and Performance Bond have been approved by Agency.

C. Should, in Agency’s sole opinion, any bond become insufficient or surety found to be unsatisfactory, the Design -Build Entity shall renew or replace the effected bond within 10 Days of receiving notice from Agency. In the event the surety or the Design-Build Entity intends to reduce or cancel any required bonds, at least thirty (30) Days prior written notice shall be given to Agency, and the Design -Build Entity shall post acceptable replacement bonds at least ten (10) Days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Article are accepted by Agency.

D. To the extent, if any, that the Contract Price is increased in accordance with the Contract, the Design-Build Entity shall, upon request of Agency, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to Agency. The bonds shall further provide that no change or alteration of the Contract (including, without limita tion, an increase in the Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Design -Build Entity will release the surety. If the Design-Build Entity fails to furnish any required bond, Agency may terminate the Contract for cause.

ARTICLE 6 -DESIGN-BUILD ENTITY’S RESPONSIBILITIES

6.1 Design-Build Entity Responsibility; Independent Contractor.

A. The Design-Build Entity shall be responsible to Agency for acts and omissions of the Design-Build Entity’s employees, Subcontractors, material and equipment suppliers, and their agents, employees, invitees, and other persons performing portions of Work on the Project under direct or indirect contract with the Design -Build Entity or any of its Subcontractors. Agency retains the Design-Build Entity on an independent contractor basis. Design -Build Entity retains the right to perform similar or different services for others during the term of this Contract. The Design-Build Entity is not an employee, agent or representative of Agency. The Design -Build Entity represents that it is fully experienced and properly qualified to perform the class of Work provided for in this Contract and that it is properly licensed, equipped, organized, and financed to perform Work on the Project. Neither Agency, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Design-Build Entity or any of Design -Build Entity's officers, employees, or agents, except as set forth in this Contract. The Design-Build Entity shall maintain complete control over its employees and its Subcontractors and shall pay all wages, salaries and other amounts due such personnel in connection with their performance as required by law. The Design -Build En tity shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, and workers’ compensation insurance.
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6.2 Review of Contract Documents and Field Conditions by The Design -Build Entity; Single Point Responsibility of The Design-Build Entity.

A. In addition to the examination and reviews performed, and obligations assumed, incident to making the representations set forth in the Contract, the Desig n-Build Entity shall carefully study and compare each of the Contract Documents provided by Agency with the others and with information furnished by Agency, and shall promptly report in writing to Agency’s Representative any errors, inconsistencies, or omissions in the Contract Documents provided by Agency or inconsistencies with Applicable Law observed by the Design -Build Entity. The Design -Build Entity shall be solely responsible for any errors, inconsistencies or omissions in the Contract Documents if the Design-Build Entity fails to perform such review and examination or fails to report such errors, inconsistencies or omissions to Agency in writing.

B. The Design-Build Entity is responsible for the design and construction of the Project and shall use the h ighest design and engineering standards of care applicable to projects, buildings or work of similar size, complexity, quality and scope in performing Work on the Project. The Design-Build Entity shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. The Design -Build Entity shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Design-Build Entity before commencing Work on the Project. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to Agency’s Representative.

C. If the Design -Build Entity performs any design and/or construction activity which it knows, or should know, involves an error, inconsistency, or omission referred to in this Article, without notifying and obtaining the written consent of Agency’s Representative, the Design-Build Entity shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work.

D. Agency does not assume any obligation to employ the Design -Build Entity’s services or pay the Design -Build Entity royalties of any type as to future programs that may result from Work performed under this Contract.

E. The Design -Build Entity shall be responsible for all plotting, printing, copying and distribution costs of any and all documents required in connecti on with Work on the Project.

F. The Design-Build Entity agrees that it has single point responsibility for the design and construction of this Project, and agrees to utilize the highest standard of excellent design, engineering and construction practices. Th e Design -Build Entity has the duty to act in Agency’s best interests at all times throughout the course and performance of this Contract.

6.3 Design, Supervision and Construction Procedures.

A. The Design -Build Entity shall supervise, coordinate, and direct all W ork on the Project using the Design -Build Entity’s best skill and attention and applying such skills and expertise as may be necessary to perform the Work in accordance with the 167
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Contract Documents. The Design -Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of Work on the Project, including, but without limitation, landscape and site work, utilities, and buildin g systems.

B. The Design-Build Entity shall be responsible to Agency for acts and omissions of the Design-Build Entity, its agents, employees, and Subcontractors, and their respective agents and employees.

C. The Design-Build Entity shall not be relieved of its obligation to perform all Work on the Project in accordance with the Contract Documents either by acts or omissions of Agency or Agency’s Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, b y persons or firms other than the Design-Build Entity.

D. The Design-Build Entity shall be responsible for inspection of all portions of Work on the Project to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

E. To facilitate communications and the management of the design process, the Design-Build Entity shall maintain an office in the Agency’s County for the duration of the design process.

F. Unless otherwise provided in the Contract Docum ents, the Design-Build Entity shall provide and pay for all professional design/engineering services, services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and servi ces necessary for proper execution and completion of the Work on the Project, whether temporary or permanent and whether or not incorporated or to be incorporated in Work on the Project. The Design-Build Entity shall furnish architectural and engineering services for the preparation of Construction Documents necessary to complete the Project in accordance with the requirements of the Contract Documents. From the Agency- approved Construction Documents, which are developed from the Agency-accepted Proposal, the Design -Build Entity shall furnish all labor, materials, equipment, services, and transportation necessary to complete construction of the Project, including site work, structures and utilities.

G. The Design-Build Entity is required to deliver to Agency, if requested, any and all Design Materials including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, tenant improvement documents, sketches, illustrations, specifications, descriptions, models, mock ups, and other information developed, prepared, furnished, or delivered in the prosecution of the Design Work.

H. The Design-Build Entity is responsible for preparation of the Construction Documents for the entire Project. The Design -Build Entity is responsible for construction of the entire Project as required by the Contract Documents.
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6.4 Labor; Working Hours.

A. The Design -Build Entity shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as r equired by the Contract Documents. The Design -Build Entity shall at all times maintain good discipline and order at the Site. The Design -Build Entity will provide all labor needed to complete the Work within the Contract Times.

B. Except as otherwise require d for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, which are defined as hours between 7:00 a.m. and 3:30 p.m. any day Monday through Friday of any week except on Holidays and/or during Schedule Constraints defined in the Contract Documents. The Design -Build Entity will not permit the performance of Work on a Saturday, Sunday, any Holi day or during identified Schedule Constraints without Agency’s written consent given after prior written notice to Agency’s Representative. The Design -Build Entity shall be responsible for, and shall reimburse Agency for, all inspection costs outside regul ar working hours, including overtime.

6.5 Progress Meetings.

A. The Design-Build Entity shall schedule and hold regular on-Site progress meetings at least weekly and at other times as requested by the Agency or as required by progress of the Work. The Design -Build Entity, Agency’s Representative, and all Subcontractors active on the Site shall attend each meeting. The Design-Build Entity may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. Agency’s Representative will preside at the progress meetings but the Design -Build Entity will arrange for keeping and distributing the minutes and provide the Meeting Agenda to the Agency’s Representative at least 48 hours prior to the meeting date for review. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop.

During each meeting, the Design -Build Entity shall present any issues which m ay impact its progress with a view to resolve these issues expeditiously.

6.6 Cost-Loaded CPM Progress Schedule and Recovery Schedule.

A. Design-Build Entity shall adhere to the Project Schedule, which shall be a cost - loaded CPM progress schedule established in a ccordance with the Contract Documents as it may be adjusted from time to time as provided below:

1. Design-Build Entity shall submit to Agency’s Representative for acceptance proposed adjustments in the Project Schedule that will not result in changing the Project Completion Date. Such adjustments will comply with any provisions of the General Requirements applicable thereto.

2. Proposed adjustment s in the Project Schedule that will change the Project Completion Date shall be submitted in accordance with the requirements of the Contract Documents. Adjustments in the Project Completion Date may only be made by a Change Order.
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3. Should any of the follo wing conditions exist, Agency may require Design - Build Entity to prepare, at no extra cost to Agency, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the Project Completion Date:
a. The Design -Build Entity's monthly progress report indicates delays that are, in the opinion of Agency, of sufficient magnitude that Agency questions the Design-Build Entity's ability to complete the Work; b. The Project Schedule shows the Design -Build Entity to be thirty (30) or more Days behind the critical path at any time during construction; c. The Design -Build Entity desires to make changes in the logic or the planned duration of future activities of the Project Schedule which, in the opinion of Agency, are major in nature.
d. The recovery schedule shall include proposed revisions to the Project Schedule, demonstrating how Design -Build Entity intends to achieve all contractual milestones including contract completion within the Project Completion Date. The submittal shall i nclude a narrative describing the actions planned by the Design-Build Entity to recover the schedule. e. Design-Build Entity shall submit the recovery schedule within seven (7) Days of Agency’s request:
(i) If Design -Build Entity asserts that Agency is responsib le for the delay, failure to submit the recovery schedule within seven (7) Days of Agency’s request will be considered a concurrent delay event attributable to Design-Build Entity, and Design-Build Entity shall only be entitled to non - compensable adjustments to the Project Completion Date. (ii) If Design-Build Entity is responsible for the delay, this provision will not limit or affect Design -Build Entity's liability and failure to submit the recovery schedule with seven (7) Days of Agency’s request may result in Agency withholding progress payments or other amounts due under the Contract Documents.
f. Design-Build Entity is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.
g. Regardless of whether Agency directs Design -Build Entity to prepare a recovery schedule pursuant to this Article, Design -Build Entity shall promptly undertake appropriate action at no additional cost to Agency to recover the schedule whenever the curren t Project Schedule shows that the Design-Build Entity will not achieve a milestone and/or complete the Work within the Project Completion Date.
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B. Unless otherwise specified in the Contract Documents, Design -Build Entity shall provide and assume full responsi bility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals n ecessary for the performance, testing, start up, and completion of the Work within the Project Completion Date.

C. Failure of Agency’s Representative to discover errors or omissions in schedules that it has reviewed, or to inform the Design -Build Entity that the Design -Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Project Schedule shall not relieve the Design -Build Entity from its sole responsibility to perform and complete all Work on th e Project within the Project Completion Date and shall not be a cause for an adjustment of the Project Completion Date or the Contract Price.

D. The Design-Build Entity shall perform all Work on the Project in accordance with the current accepted Project Schedule.

6.7 Materials.

A. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All materials furnished by the Design -Build Entity shall be of the most suitable grade for the purpose intended considering strength, ductility, durability, and best industry practice.

B. All special warranties and guarantees required by the Contract Documents shall expressly run to the benefit of Agency. If required by Agency’s Representative, Design-Build Entity shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, instal led, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

D. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Design -Build Entity shall be entirely responsible for damage or loss by weather or other causes to materials or Work until Agency has accepted the Work. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of Agency or any independent contractor.

E. No materials, su pplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Design -Build Enti ty warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion to deliver the Work to Agency free from any claims, liens, or encumbrances. 171
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F. Inspection of Materials.

1. Materials furnished by the Design-Build Entity which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by Agency’s Representative: at the place of production or manufacture, at the shipping point, or at th e site of the Work.

To allow sufficient time to provide for inspection, the Design -Build Entity shall submit to Agency’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Design - Build Entity shall inform Agency’s Representative, in writing, the date the material is to be manufactured.

3. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Design -Build Entity will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to Agency’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

6.8 Submittals.

A. Industry Standard Submittals.

1. Design-Build Entity will identify in the Construction Documents all industry standard submittals for all materials, systems, and equipment incorporated into the Work.

B. Schedule of Submittals.

1. Design-Build Entity will prepare and deliver a Schedule of Submittals to Agency’s Representative that has been fully integrated with CPM Progress Schedule and identifies each Submittal required by the Construction Documents as well as the date on which Design-Build Entity will deliver each Submittal to Agency’s Representative. Each Submittal must be delivered to Agency’s Representative at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. Th e Design-Build Entity is responsible for any schedule delays resulting from the Submittal process. Agency shall review and approve/reject submittals within fourteen (14) days of rec eiving submittals from DBE or may cause schedule delay on a day for day basis.

2. Design-Build Entity must submit all submittals required by the Construction Documents in accordance with the Schedule of Submittals. If Design -Build Entity fails to submit the submittals in accordance with the Schedule of Submittals, Design-Build Entity will be solely liable for any delays or impacts caused by the delayed submittal, whether direct or indirect. Design -Build 172
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Entity will be liable for the time calculated from the date the submittal is due until the date a compliant submittal is made. A compliant submittal will be one that is complete and satisfies the requirements of the Contract Documents.

3. Where a Submittal, Shop Drawing or Sample is required b y the Construction Documents, any related Work performed prior to Agency’s Representative’s review and approval of the pertinent Submittal will be at the sole expense and responsibility of the Design-Build Entity.

C. Submittal Procedures.

1. The Design -Build Ent ity will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Transmit three (3) copies of each with a Submittal Transmittal. b. Transmittals will be sequentially numbered. The Design -Build Entity to mark revised Submittals with original number and sequential alphabetic suffix.
c. Each Submittal will identify the Project, the Design -Build Entity, Subcontractor and supplier, pertinent Construction Document and detail number, and specification section number appropriate to the Submittal. d. The Design -Build Entity must sign each Submittal, certifying that it has reviewed and approved the Submittal, verified products required, field dimensions, adjacent construction work, and that coordination of information is according to requirements of the Project and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When a Submittal is revised for resubmission, the Design -Build Entity shall promptly add ress Agency comments and resubmit. The Design - Build Entity shall identify changes made since previous submission. g. Agency’s review of Submittals shall not relieve the Design -Build Entity from responsibility for deviations from the Contract Documents unless the Design-Build Entity has, in writing, called Agency’s attention to such deviations at time of submission and Agency’s has taken no exception to the deviation. Agency’s review of Submittals shall not relieve the Design- Build Entity from responsibility for errors in the Submittals. h. Submittals not required by the Construction Documents or requested by Agency’s Representative will not be acknowledged or processed. i. Incomplete Submittals will not be reviewed by Agency’s Representative.

Delays resulting from incomplete submittals are not the responsibility of Agency’s Representative.
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j. The Design -Build Entity shall not be entitled to any extension of the Project Completion Date as a result of the Submittal process.

6.9 Shop Drawing and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Design-Build Entity shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and t he Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to the Design -Build Entity’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, the Design -Build Entity shall give Agency’s Representative specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal and, in addition, a spe cific notation made on each Shop Drawing or Sample submitted to Agency’s Representative for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Agency’s Representative the services, materials, and equipment Design-Build Entity proposes to provide and to enable Agency’s Representative to review the information Representative for assessi ng conformance with information given and design concept expressed in Contract Documents. When required by individual Specification Sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

Design-Build Entity shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples.

1. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable Agency’s Representative to review the su bmittal for assessing 174
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conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. Agency’s Representative’s Review.

1. Agency’s Representative will review Shop Drawings and Samples in accordance with the Schedule of Submittals. Agency’s Representative’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Project, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Agency’s Representative’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of design or construction is specifically and expres sly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. Agency’s Representative’s review and acceptance shall not relieve the Design-Build Entity from responsibility for any variation from the requirements of the Contract Documents unless Agency’s Representative has given written approval of each such variation by specific written notation thereo f incorporated in or accompanying the Submittal.

F. The Design-Build Entity shall make corrections required by Agency’s Representative and shall return three (3) corrected copies of Shop Drawings and Product Data, and submit, as required, new Samples for revi ew and approval. The Design -Build Entity shall direct specific attention in writing to revisions other than the corrections called for by Agency’s Representative on previous Submittals. Agency will review the first resubmittal of Shop Drawings at its cost . Agency reserves the right to reduce the Contract Price by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals.

6.10 Construction Documents.

A. Construction Documents.

1. The A/E shall design the building systems and prepare the Construction Documents. The Construction Documents shall provide information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents sh all include all information required by the building trades to complete the construction of the Project, other than such details customarily developed by others during construction. Agency’s review of the Construction Documents shall be conducted in accor dance with the approved Project Schedule with procedures set forth in this Article. Such review shall not relieve the Design-Build Entity from its responsibilities under the Contract. Such review shall not be deemed an approval or waiver by Agency of any deviation 175
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from, or of the Design -Build Entity’s failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the Document submitted by the Design -Build Entity and approved by Agency.

2. However, it is acknowledged by the parties hereto that inherent in a Design -Build concept, bridging or otherwise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design -Build Entity will submit the Construction Document packages to Agency for review and approval in accordance with the agreed upon schedule, unless otherwise approved in writing by Agency. The Project Schedule shall indicate the time s for Agency to review the completion of each such portion of the Construction Documents and a reasonable time for review of same.

3. The Design -Build Entity shall submit completed packages of the Construction Documents for review by Agency at the times indic ated on the Project Schedule and as defined in the Scheduling Specification. Meetings between the Design - Build Entity and Agency to review the Construction Document packages, shall be scheduled at least every two weeks, or as otherwise agreed to by the par ties, and held so as not to delay Work on the Project. The Design -Build Entity will conduct these design meetings with Agency in accordance with the schedule approved by Agency. The Design -Build Entity will be responsible for preparing and circulating fo r the parties review, design meeting minutes from all such meetings.

B. Field Engineering.

1. The Design-Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the Project site the required reference points and benchmarks, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be properly licensed in the State of California.

2. The Design -Build Entity s hall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed.

C. Geotechnical and Survey.

1. Agency may provide a geotechnical report to Design-Build Entity that shall not be considered a part of the Contract Documents and shall be informational only and may not be relied upon by Design -Build Entity to form its basis of design.

Design-Build Entity shall be responsible for obtaining its own geotechnical report which includes supporting data, findings and recommendations; and also with a legal description and a project survey, as necessary, which shall become a part of the Contract Docu ments. The Design Work shall be consistent with both the findings and recommendations of the Design -Build Entity’s geotechnical report 176
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and legal description and Project survey, or such other geotechnical recommendations obtained by Design-Build Entity at its sole cost and expense.

2. The Design -Build Entity shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation work.

3. Any additional tests, borings, etc. necessary to support the Construction Documents shall be the responsibility of the Design-Build Entity.

6.11 Dust Control.

A. Design-Build Entity, at its expense, shall maintain all excavations, embankments, haul roads, permanent access rods, plant sites, waste disposal areas, borrow areas, and all other w ork areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

6.12 Air Pollution.

A. To the extent applicable, Design -Build Entity must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Mana gement Agency (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Design -Build Entity shall specifically be aware of their application to "portable equipment", which definition is con sidered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Design - Build Entity shall indemnify Agency against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Design-Build Entity, its sub -consultants, or others for whom Design-Build Entity is responsible under its indemnity obligations provided for in this Agreement.

B. The Design-Build Entity shall comply with all air poll ution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Design -Build Ent ity shall not discharge into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction.

6.13 Patent Fees and Royalties.

A. Design-Build Entity sh all pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Agency or Agency’s Representative, its use is subject to patent rights or copyrights calling for the payment of any license fee or 177
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royalty to others, the existence of such rights shall be disclosed by Agency in the Contract Documents.

B. To the fullest extent permitted by Applicable Laws, Design -Build Entity shall indemnify, defend, and hold harmless Agency and Agency’s Representative, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract D ocuments or specified in the Contract Documents and identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

6.14 Permits and Licenses.

A. Design-Build Entity shall obtain and pay for all other permits and licenses required for the Work, including excavation permit and permits for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than Agency. The City will waive any City Permit and Inspection fees.

B. The Design-Build Entity shall arrange and pay for all off -site inspection of the Work related to permits and licenses, including certification, required by the Performance Specifications, drawings, or by governing a uthorities, except for such off -site inspections identified as Agency's responsibility in the Contract Documents. The City will furnish special inspection and materials sampling and testing.

C. Before acceptance of the Work, the Design -Build Entity shall subm it all licenses, permits, certificates of inspection and required approvals to Agency.

6.15 Applicable Laws.

A. Design-Build Entity shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither Agency nor Agency’s Representative shall be responsible for monitoring Design -Build Entity’s compliance with any Applicable Laws. If Design -Build Entity performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Design -Build Entity shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

6.16 Labor Laws and Design-Build Entity’s Obligations.

A. Hours of Work.

1. The Design -Build Entity and Subcontractors shall furnish sufficient forces to ensure the prosecution of the Work on the Project in accordance with the 178
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Construction Schedule and in such a manner to allow for the full and adequate completion of the Project within the Project Completion Date.

2. Work on the Project shall be performed during regular working hours, except th at in the event of an emergency or when required to complete the Work on the Project in accordance with job progress, Work may be performed outside of regular working hours with advance written notice to Agency. Permissible working hours shall be between 7:00 a.m. to 3:30 p.m. and shall not be changed except with consent of Agency.

3. Eight (8) hours of work shall constitute a legal day’s work. The Design -Build Entity and each Subcontractor shall forfeit, as pena lty to Agency, twenty -five dollars ($25) for each worker employed in the execution of Work on the Project by the Design-Build Entity or any Subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in an y one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815, except as provided in Labor Code Section 1815.

4. If the work done after hours is required by the Contract to be done outside the Design-Build Entity’s regular working hours, the costs of any inspections, if required to be done outside normal working hours, shall be borne by Agency. If Agency allows the Design-Build Entity to do Work outside regular working hours for th e Design -Build Entity’s own convenience, the costs of any inspections required outside regular working hours shall be invoiced to the Design -Build Entity by Agency and deducted from the next progress payment. If the Design - Build Entity elects to perform Work outside the Inspector’s regular working hours, costs of any inspections required outside regular working hours shall be invoiced to the Design -Build Entity by Agency and deducted from the next progress payment.

5. No Work on the Project or other activitie s by or on behalf of the Design -Build Entity which presents a hazard or unreasonable disruption to Agency staff shall be allowed during normal working hours. The determination as to whether Work on the Project or some other activity presents a hazard or c onstitutes an unreasonable disruption to Agency staff shall be made by and pursuant to the sole discretion of a representative of Agency. All Work on the Project or other activities which could present a hazard or unreasonable disruption to Agency staff shall be performed before or after normal working hours, on weekends, or on an Agency recognized holiday. Neither the Design -Build Entity nor its Subcontractors or anyone working on behalf of the Design -Build Entity or Subcontractors shall be entitled to a dditional compensation or an extension of the Project Completion Date for having to arrange their Work schedule so as not to violate the provisions of this Article 6.17A. The Design -Build Entity, Subcontractors and persons working on behalf of the Design-Build Entity shall be expected to arrange such Work and other activities in advance so as to avoid creating monetary or time impacts.

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B. Wage Rates, Travel, and Subsistence.

1. The Design -Build Entity is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenan ce” projects. Since the Work on the Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, the Design-Build Entity agrees to fully comply with suc h Prevailing Wage Laws.

Agency has obtained the prevailing wage rates from the Director of the Department of Industrial Relations, State of California. Copies of the prevailing wage rates are on file at Agency’s office and shall be made available to any interested party on request. the Design -Build Entity shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform the Project available to interested parties upon request, and shall post cop ies at the Design -Build Entity’s principal place of business and at the Project site. The Design -Build Entity shall defend, indemnify and hold Agency, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. Pursuant to Labor Code Section 1775, the Design -Build Entity is hereby advised that in the event that the Design -Build Entity fails to pay prev ailing wages, the Design-Build Entity will be held liable for penalties and for shortfalls in wages and such amounts may be withheld from progress payments. the Design -Build Entity and each Subcontractor shall forfeit as a penalty to Agency not more than t wo hundred dollars ($200) for each Day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each Day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Design-Build Entity.

3. The Design -Build Entity shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

C. Labor Compliance/Payroll Records.

1. Pursuant to Labor Code Section 1776, the Design -Build Entity and each Subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, an d the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Project. The Design -Build Entity shall certify under penalty of perjury that records maintained and submitted by the Design -Build Ent ity are true and accurate. The Design -Build Entity shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.
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2. In accordance with Labor Code section 1771.4, the Design -Build Entity and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR. This may include electronic submission. Design -Build Entity shall ensure full compliance with all requireme nts and regulations from the DIR relating to labor compliance monitoring and enforcement and all other applicable labor law. The Contractor shall provide a copy of the Certified Payroll Records and proof of submission to the DIR on a weekly basis.

3. Any stop orders issued by the DIR against Design -Build Entity or any Subcontractor that affect Design -Build Entity’s performance of Work, including any delay, shall be Design -Build Entity’s sole responsibility. Any delay arising out of or resulting from s uch stop orders shall be considered Design -Build Entity caused delay subject to any applicable liquidated damages and shall not be compensable by the Agency. Design -Build Entity shall defend, indemnify and hold the Agency, its officials, officers, employe es and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Design-Build Entity or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Design-Build Entity at a time designated by the Agency. The Design-Build Entity shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the Agency, the Di vision of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Design -Build Entity awarded the Contract or performing the contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article 6.17C, the Design-Build Entity shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this Article 6.17C. Should noncompliance still be evident after such ten (10) day period, the Design -Build Entity shall, as a penalty to the Agency, forfeit One Hundred Dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of DIR, such penalties shall be withheld from contract payments. 181
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8. In submitting the Proposal on this Project, it shall be the Desi gn-Build Entity’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and Applicable Law in its Proposal.

9. The Design -Build Entity shall include provisions of this Article 6.17C in all Subcontracts and require Subcontractors to comply with these provisions at no additional cost to Agency.

D. Apprentices.

1. The Design -Build Entity’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning emp loyment of apprentices by the Design -Build Entity or any Subcontractor. The Design -Build Entity shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from DIR, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Knowing violatio ns of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non - compliance pursuant to Labor Code section 1777.7.

E. Nondiscrimination.

1. Pursuant to Labor Code section 1735 and other applicabl e provisions of law, the Design-Build Entity and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on t his Work.

The Design-Build Entity will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

F. Workers’ Compensation.

1. Pursuant to Labor Code section 1860, Design -Build Entity shall secure the payment of workers’ compensation to its employees in accordance with the provisions of Labor Code section 3700. By its signature hereunder, Design-Build Entity certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work.

G. Public Works Registration.

1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Design-Build Entity and its Subcontractors must be registered with the Depar tment of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Design -Build Entity represents that it is aware of the registration requirement and is currently registered with the DIR. Design -Build Entity shall maintain a current registration for the duration of the Project. Design -Build Entity 182
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shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any Subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

6.17 Debarment
A. Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public pr oject pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for perform ing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the Agency. The Design -Build Entity shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

6.18 Taxes.

A. The Design-Build Entity shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Law of the place of the Project which are applicable during the performance of the Project. In accordance with Revenue and Taxation Code Sect ion 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which the Design -Build Entity will be responsible.

6.19 Use of Site and Other Areas.

A. Limitation on Use of Site and Other Areas . The Design-Build Entity shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design -Build Entity shall assume full responsibility for any damage to any such land or area, or to the Agency or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. Should any claim be made by any such Agency or occupant because of the performance of the Work, Design-Build Entity shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.

B. Removal of Debris. During the progress of the Work Design -Build Entity shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws.

C. Cleaning. Prior to Completion of the Work, Design -Build Entity shall clean the Site and the Work and make it ready for utilization by Agency. At the completion of the Work Design -Build Entity shall remove from the Site all t ools, appliances, construction equipment and machinery, and surplus materials and shall restore to 183
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original condition all property not designated for alteration by the Contract Documents.

D. Loading Structures . Design -Build Entity shall not load nor permit a ny part of any structure to be loaded in any manner that will endanger the structure, nor shall Design-Build Entity subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

6.20 Utility Usage.

A. All temporary utilities, in cluding but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Design -Build Entity.

Design-Build Entity shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Design -Build Entity shall remove all temporary distribution systems. All permanent meters installed shall be listed in the Design-Build Entity’s name until the Work is accepted. If Work is to be performed in existing Agency’s facilities, Design -Build Entity may, to the extent authorized by Agency in writing, use Agency’s existing utilities. If Design -Build Entity uses Agency utilities, it shall compensate Agency for utilities used.

6.21 Record Drawings.

A. Design-Build Entity shall maintain in a safe place at the Site one record copy of the Contract Documents and written interpretations and clarifications in good order and annotated to show changes made during const ruction. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utili ty features which are revealed during the course of construction. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as -built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up - to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

B. Record drawings shall be accessible to Agency’s Representative at all times during the construction period. Upon Completion of the Project and as a condition of final acceptance, the Design -Build Entity shall finalize and deliver a complete set of record drawings to Agency’s Representative. The information submitted by the Design-Build Entity will be assumed to be correct, and the Design -Build Entity shall be responsible for, and liable to Agency, for the accuracy of such information, and for any errors or omissions which may or may not appear on the record drawings.

6.22 Safety and Protection.

A. Design-Build Entity shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Design - 184
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Build Entity shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or ad jacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Design-Build Entity shall comply with all Ap plicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design -Build Entity shall notify ow ners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Design-Build Entity sha ll comply with the applicable requirements of Agency’s safety programs, if any. Design -Build Entity shall inform Agency and Agency’s Representative of the specific requirements of Design -Build Entity’s safety program with which Agency’s and Agency’s Representative’s employees and representatives must comply while at the Site.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Design -Build Entity, any Su bcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design-Build Entity.

6.23 Safety Representative.

A. Design-Build Entity shall designate an OSHA -certified and experienced safety representative at the Project site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. D esign-Build Entity shall provide Agency’s Representative the name and contract information of the safety representative in writing. Design -Build Entity shall provide Agency’s Representative the name and contact information of the safety representative in writing.

6.24 Hazard Communication Programs.

A. Design-Build Entity shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Project site in accordance with Applicable Laws.

6.25 Emergencies.

A. In an emergency affecting safety of life or of Work or of adjoining property, Design - Build Entity, without special instruction or authorization from Agency, shall act to 185
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prevent such thre atened loss or injury; and Design -Build Entity shall so act, without appeal, if directed or instructed by Agency. Any compensation claimed by Design - Build Entity on account of emergency work shall be determined in accordance with the Contract Documents.

6.26 Guarantee.

A. The Design-Build Entity unconditionally guarantees all Work on the Project will be completed in accordance with the requirements of the Contract Documents, and will remain free of defects in workmanship and materials for a period of one (1) year from the date of Project Completion, unless a longer guarantee period is specifically called for in the Contract Documents. However, a shorter guarantee period shall apply to landscape plants, trees, turf, etc. Trees or shrubs greater than one gallon in si ze at the time of planting shall be guaranteed for one (1) year, and all other plant material shall be guaranteed for six (6) months. The Design -Build Entity shall repair or replace any and all Work, together with any adjacent work that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents, or that may be defective in its workmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to Agency; ordinary wear and tear and abuse excepted.

B. The Design-Build Entity further agrees, within fourteen (14) Days, or as such shorter period as may be designated for emergency repairs, after being notified in writing by Agency, of any Work not in accordance w ith the requirements of the Contract Documents or any defects in the Work on the Project, that the Design -Build Entity shall commence and execute, with due diligence, all Work necessary to fulfill the terms of the guarantee. If Agency finds that the Desig n-Build Entity fails to perform any of the Work under the guarantee, Agency may elect to have the Work completed at the Design-Build Entity’s expense and the Design-Build Entity will pay costs of the Work upon demand. Agency will be entitled to all costs, including reasonable attorneys’ fees and consultants’ expenses necessarily incurred upon the Design - Build Entity’s refusal to pay the above costs.

C. Where Defective Work (or damage to other Work resulting therefrom) has been corrected or removed and replace d, the Warranty period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed.

D. Design-Build Entity’s obligations under this Article a re in addition to any other obligation or warranty and do not limit Agency’s rights and remedies pursuant to California Code of Civil Procedure sections 337.10 and 337.15. or any other Applicable Law.

E. Notwithstanding the foregoing provisions, in the event of an emergency constituting an immediate hazard to health or safety of Agency employees, property, or licensees, Agency may undertake, at the Design -Build Entity’s expense and without prior notice, all Work necessary to correct such condition(s) when it i s caused by Work of the Design-Build Entity not being in accordance with the requirements of the Contract Documents.
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6.27 Warranty.

A. The Design-Build Entity warrants to Agency that any and all materials, equipment and furnishings incorporated in the Project will be of good quality and new unless otherwise required or permitted by the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excl udes improper operation, or normal wear and tear under normal usage under the control of Agency. Such warranty shall exclude warranties relating to design, warranty of fitness, and any other express or implied warranties other than as set forth herein or in the Contract Documents; provided, however, that the foregoing shall not impair the rights of Agency to maintain an action for breach of contract against the Design -Build Entity.

Nothing contained in these Contract Documents pertaining to warranty or gu arantee shall be construed as limiting any other rights Agency may have at law, including rights for latent defects under Code of Civil Procedure Section 337.15.

6.28 Indemnification.

A. To the fullest extent allowed by law (including without limitation Civil Code Sections 2782 and 2782.8), the Design -Build Entity shall defend (with counsel of Agency’s choosing), indemnify and hold Agency, its officials, officers, agents, employees, and representatives free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, regardless of whether the allegations are false, fraudulent, or groundless, arising out of, related to, or in connection with any acts, omissions or willful misconduct of Design -Build Entity, its officials, officers, employees, agents, consultants, contractors, and Subcontractors arising out of or in connection with the performance of the Work or this Contract, including claims made by Subcontractors for nonpayment, and including without limitation the payment of all attorney’s fees and other related costs and expenses except to the extent caused by the sole or active negligence or willful misconduct of the Agency. The Design -Build Entity shall defend, at the Design -Build Entity’s own cost, expense and risk, with counsel of Agency’s choosing, any and all such suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its officials, officers, agents, employees and representatives. The Design-Build Entity shall pay and satisfy any judgment, award or decree that may be rendered against Agency, its officials, officers, agents, employees and representatives, in any such suit, action or other legal proceeding. The Design-Build Entity shall reimburse Agency, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcin g the indemnity herein provided. The Design - Build Entity agrees to pay, or reimburse Agency and Agency’s Representative, for regulatory agency or court imposed fees, fines, or penalties imposed on Agency and Agency’s Representative arising from the Design -Build Entity’s failure to complete the Project in a timely manner and/or in accordance with the Contract Documents and any applicable permits or Applicable Laws. The Design -Build Entity’s responsibility and obliga tion to pay, or reimburse Agency and Agency’s Representative, for these fees, fines, or penalties shall be in addition to the assessment of liquidated damages for late completion of the Project. This indemnity provision shall apply to all liability, as pr ovided for above, regardless of whether any 187
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insurance policies are applicable. Insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Design-Build Entity.

B. If the Design -Build Entity’s obligation t o defend, indemnify, and/or hold harmless arises out of the Design -Build Entity’s performance as a “design professional” (as that term is defined under Civil Code Section 2782.8), then, and only to the extent required under Civil Code Section 2782.8, whic h is fully incorporated herein, the Design-Build Entity’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design-Build Entity, and, upon Design -Build Entity obtaining a final adjudication by a court of competent jurisdiction, Design -Build Entity’s liability for such claim, including the cost to defend, shall not exceed the Design -Build Entity’s proportionate percentage of fault.

C. In claims against any person or entity indemnified under this Article that are made by an employee of the Design -Build Entity or any Subcontractor, a person indirectly employed by the Design-Build Entity or any Subcontractor, or anyone for whose acts the Design -Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design -Build Entity or any Subcontractor under workers’ com pensation acts, disability benefit acts, or other employee benefit acts or any other insurance limitations.

D. In the event the Design -Build Entity and one or more than one other party is connected with an accident or occurrence covered by this indemnificatio n, then all such parties shall be jointly and severally responsible to each of the Indemnitees for indemnification, and the ultimate responsibility among such indemnifying parties for the loss and expense of any such indemnification shall be resolved witho ut jeopardy to any indemnitee listed in this Article.

E. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

6.29 Superintendent.

A. The Design -Build Entity shall employ a competent Superintendent satisfactory to Agency who shall be in attendance at the Project site at all times during the performance of the Construction Work. Superintendent shall represent the Design - Build Entity and communications given to, and received from, Superintendent shall be binding on the Design -Build Entity. Superintendent must be able to proficiently speak, read and write in English. Failure to maintain a Superintendent on the Project site at all times Work on the Project is in progress shall be considered a material breach of this Contract, entitling Agency to terminate the Contract or, alternatively, issue a Suspension Order until the Superinten dent is on the Project site. If, by virtue of issuance of said Suspension Order, the Design -Build Entity fails to complete the Contract by the Project Completion Date, the Design -Build Entity will be assessed Liquidated Damages in accordance with the Contract.
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B. Any changes to the assignment of the Superintendent shall receive prior written approval from Agency. The Superintendent may not perform the work of any trade, pick up materials, or perform any work not directly related to the supervision and coordination of the Construction Work at the Project site when work is in progress. In addition, the Design -Build Entity will provide all key personnel identified in the Contract for the time periods stipulated.

6.30 Project Staffing.

A. The Design -Build Entity and each Subcontractor shall: furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of its portion of the Work on the Project; organize the procurement of all materials and equipment so tha t the materials and equipment will be available at the time they are needed for the Work; and keep an adequate force of skilled and fit workers on the job to complete all Work on the Project in accordance with all requirements of the Contract.

B. Agency shall have the right, but not the obligation, to require the removal from the Project of the Design-Build Entity’s Representative, or any other superintendent, staff member, agent, or employee of any contractor, Subcontractor, material or equipment supplier, or any other entity working on the Project. Removal may be required for any reason designated by Agency, including but not limited to, failure or refusal to perform Work on the Project in a manner acceptable to Agency, uncooperative or incompetent performan ce on the Project, threatening the adequate or timely completion of the Project, or threatening the safety of persons or property.

6.31 Compliance With State Storm Water Permit for Construction.

A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Work. Design -Build Entity hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Proposal accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Design-Build Entity shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Agency’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California Regional Water Quality Control Boards (Santa Ana and Sa n Diego Regions) Order No. R8-2009-0030 (NPDES Permit No. CAS 618030), Order No. R9- 2009-0002, Order No. R8 -2009-0045, Order No. R9 -2013-0001 as amended by Order Nos. R9 -2015-0001 and R9 -2015-0100, and State Water Resources Control Board Order No. 2010 -0014-DWQ, Order No. 2009 -0009-DWQ, and Order No. 2012-0006-DWQ, and any amendment or renewal thereof.

C. The Design-Build Entity shall be required to comply with all conditions of the State Water Resources Control Board National Pollutant Discharge Elimination S ystem 189
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General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity ("Permit") for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. The Design -Build Entity shall be responsible for filing the Notice of Intent and for obtaining the Permit. If applicable, the Design -Build Entity shall be solely responsible for preparing and implementing a Stormwater Pollution Prevention Plan (“SWPPP”) prior to initiating work on the Project. It shall be the Design -Build Entity's responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP a nd any necessary revision to the SWPPP to address storm water impacts. The Design -Build Entity shall comply with all requirements of the State Water Resources Control Board. The Design -Build Entity shall include all costs of compliance with specified req uirements in the Price. For those Sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Permit, the Design -Build Entity shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with California Regional Water Quality Control Board Order No. R8 - 2009-0030, Order No. R9-2013-0001 as amended by Order Nos. R9 -2015-0001 and R9-2015-0100 and any amendment or renewal thereof.

D. The Desi gn-Build Entity shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. The Design-Build Entity shal l provide copies of all reports and monitoring information to the Agency’s Representative. The Design -Build Entity shall comply with the lawful requirements of any applicable municipality, the County, drainage authority, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

E. Failure to comply with laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in this Contract, Design-Build Entity agrees to indemnify and hold harmless the Agency, its officials, officers, agents, employees and authorized volunteers fr om and against any and all claims, demands, losses or liabilities of any kind or nature which the Agency, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the Agency, its officials, officers, agents, employees or authorized volunteers . Agency reserves the right to defend any enforcement action or civil action brought against the Agency for Design -Build Entity’s failure to comply with any applicable water quality law, regulation, or policy. Design -Build Entity hereby agrees to be bound by, and to reimburse the Agency for the costs associated with, any enforcement action and/or settlement reached between the Agency and any relevant enforcement entity.

6.32 Monthly Report.

A. The Design -Build Entity shall prepare and submit to Agency, during both the Construction Documents Phase and the Construction Phase, monthly reports on the 190
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Work accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by Agency. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design -Build Entity’s projected progress for the forthcoming month.

6.33 Other Reports.

A. The Design-Build Entity will cooperate with Agency in preparing, or causi ng to be prepared, all or part of, periodic project reports required by state or federal agencies.

6.34 Notice of Labor Dispute.

A. If the Design-Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely p erformance of Work on the Project, the Design-Build Entity shall immediately give written notice including all relevant information to Agency.

B. The Design -Build Entity agrees to insert the substance of this Article 6.36 in any subcontract to which a labor d ispute may delay the timely performance of Work on the Project, except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor shall immediately notify the next higher tier Subcontractor or the Design-Build Entity, as the case may be, of all relevant information concerning the dispute.

6.35 Documents and Samples At Project Site.

A. The Design-Build Entity shall maintain the following at the Project site:

1. One current copy of the Contract Documents (including Construction Documents), in good order and marked to record current changes and selections made during construction.

2. One copy of the prevailing wage rates applicable to the Project.

3. The current accepted Project Schedule.

4. Shop Drawings, Product Data, and Samples.

5. All other required submittals.

6.36 Cutting, Fitting, and Patching.

A. The Design-Build Entity shall do all cutting, fitting, or patching work required to make all parts of the Project come together p roperly and to allow the Project to receive or be received by the work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. The Design-Build Entity shall not endanger the Project, or adjacent property by cutting, digging, or otherwise. The Design -Build Entity shall not cut or alter the work of any Separate Contractor without the prior written consent of Agency’s Representative.
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6.37 Access to Work.

A. Agency, Agency’s Representative, their consultants, and other persons authorized by Agency will at all times have access to the Work on the Project wherever it is in preparation or progress. The Design -Build Entity shall provide safe and proper facilities for such access and for inspection.

6.38 Concealed Or Unknown Conditions.

A. Except and only to the extent provided otherwise in Articles 9 and 10, by signing the Contract, the Design-Build Entity agrees:

1. To bear the risk of concealed or unknown conditions, if any, which may b e encountered in performing the Contract, as described in the Contract Documents, and/or can reasonably be inferred by the Design -Build Entity based on its experience and expertise; and

2. That the Design-Build Entity’s Contract Price for the Contract was made with full knowledge of this risk.

In agreeing to bear the risk of concealed or unknown conditions, the Design -Build Entity understands that, except and only to the extent provided otherwise in Articles 9 and 10, concealed and/or unknown conditions shall not excuse the Design -Build Entity from its obligation to achieve full completion of the Project within the Project Completion Date, and shall not entitle the Design-Build Entity to an adjustment of the Contract Price.

B. If concealed or unknown conditions are encountered which require, in the opinion of Agency’s Representative, design details which differ from those details shown in the Bridging Documents and Agency’s Representative finds that such revised design details will cause an increase or decrease in the cost of, or the time required for performance of the Contract, and if Agency agrees with Agency’s Representative’s determinations, Agency will issue a Change Order modifying the Contract to provide for the change in design deta ils and to provide for an adjustment in the Contract Price and/or Project Completion Date pursuant to Articles 9 and 10 following receipt of a Change Order Request.

C. If the Design -Build Entity encounters concealed or unknown conditions that differ materially from those anticipated or expected, the Design -Build Entity shall notify Agency’s Representative within seven (7) Days in writing of such conditions so that Agency’s Representative can determine if such conditions require design details which differ from those design details shown in the Bridging Documents. Design - Build Entity shall be liable to Agency for any extra costs incurred as a result of the Design-Build Entity’s failure to give such notice. Design -Build Entity’s failure to give such notice shal l constitute a waiver by Design -Build Entity of any additional compensation.
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6.39 Liability for and Repair of Damaged Work.

A. Design-Build Entity shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, flo od or otherwise) prior to Agency’s acceptance of the Project as fully completed.

6.40 Environmental Quality Protection
A. Landscape and Vegetation Preservation

1. The Design-Build Entity shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights -of-way and over routes provided for access to the Work shall be p erformed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

B. Protected Species

1. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Design-Build Entity shall notify the Agency Representative immediately, giving the loca tion and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to Agency within 2 Days. The Design -Build Entity shall immediately cease all construction activities in the immediate area of th e discovery to the extent necessary to protect the endangered plant or animal. If directed by the Agency Representative, Design -Build Entity will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any Agency directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by Agency or the Design-Build Entity due to un reasonable or false notification of an endangered plant or animal will be borne by the Design-Build Entity.

C. Preservation of Historical and Archeological Resources

1. If, in the performance of the Work, Design-Build Entity should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Design -Build Entity notify the Agency Representative immediately, giving the location and nature of the findin gs. The Design-Build Entity shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the Agency Representative, Design -Build Entity will refrain fr om 193
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working in the immediate area, suspend the Work in its entirety, or re - sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. The Design -Build Entity shall provide such cooperation and assistan ce as may be necessary to preserve the cultural resources for removal or other disposition. Any Agency directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Design -Build Entity, without permis sion, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Design-Build Entity shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Design-Build Entity shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify Agency pursuant to the Contract Documents.

6.41 Technical Manuals; Spare Parts.

A. The Design -Build Entity shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and under stood by Agency’s operation and maintenance staff. The Design - Build Entity shall furnish to Agency six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

B. The Design-Build Entity shall furnish to Agency six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by Agency in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist Agency in ordering. The Design -Build Entity shall cross -reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

ARTICLE 7 -OTHER WORK AT THE PROJECT SITE

7.1 Related Work At Project Site.

A. Nothing contained in the Contract Documents shall be interpreted as granting to Design-Build Entity exclusive occupancy at the Project site. Agency reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Project site, including portions of Work on the Project which have been deleted by Change Order. The Design-Build Entity shall cooperate with Agency’s employees or through other direct contracts, or have other work performed by utility owners (collectively, “Other Contractors”). If such other work is not noted in the Contract Documents, then written notice thereof will be given to the Design -Build Entity prior 194
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to starting any su ch other work. The Design -Build Entity shall participate with Agency and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. The Design -Build Entity shall make necessary revisions to the Project Schedule after such joint review.

B. Design-Build Entity shall be solely responsible for all costs associated with coordinating its Work with Separate Contractors. Design -Build Entity shall not be entitled to additional compensation from Agency for damages resulting from such simultaneous, collateral, and essential Work. If necessary to avoid or minimize such damage or delay, Design -Build Entity shall redeploy its work forces to other parts of the Work, or adjust its Work schedule including reasonable acceleration of the Work.

If a portion of the Work on the Project is dependent upon the proper execution or results of other construction or operations by Agency or Separate Contractors, the Design-Build Entity shall inspect such other design or construction o r operations before proceeding with that portion of the Work on the Project. The Design -Build Entity shall promptly report to Agency’s Representative apparent discrepancies or defects which render the other design, construction or operations unsuitable to receive the Work on the Project. Unless otherwise directed by Agency’s Representative, the Design -Build Entity shall not proceed with the portion of the Work on the Project affected until apparent discrepancies or defects have been corrected. Failure of the Design-Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by Agency or Separate Contractors is suitable to receive the Work on the Project, except as to defects not then reasonably discoverable.

C. Design-Build Entity shall afford each Separate Contractor proper and safe access to the Project site, provide a reasonable opportunity for the introduction and storage of materials and eq uipment and the execution of such other work, and properly coordinate the Work with theirs. Design -Build Entity shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come togeth er and properly integrate with such other work. Design - Build Entity shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design -Build Entity may cut or alter others’ work with the written consent of Agency’s Representative and the others whose work will be affected.

D. If the proper execution or results of any part of Design -Build Entity’s Work depends upon work performed by Separate Contractors, Design -Build Entity shall inspect such other work and promptly report to Agency’s Representative in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Design -Build Entity’s Work.

Design-Build Entity’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Design-Build Entity’s Work except for latent defects and deficiencies in such other work.

E. If any claims are made by Separate Contractors arising out of Desig n-Build Entity’s performance of the Work, Design -Build Entity shall be responsible to immediately resolve the dispute and indemnify Agency pursuant to the Contract Documents. 195
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F. Agency’s Representative shall arrange meetings with Separate Contractors performing work to plan coordination of construction activities but will not be responsible to direct coordination efforts. Any difference or conflict arising between Design-Build Entity and any Separate Contractor shall be submitted to Agency’s Representative for a decision in the matter. Design -Build Entity shall comply with direction from Agency’s Representative whose decision on coordination matters will be final.

7.2 For Delays by Others.

A. By entering into this Contract, Design -Build Entity ac knowledges that there may be Separate Contractors on the Project site whose work will be coordinated with that of Design-Build Entity. Design-Build Entity expressly warrants and agrees that Design - Build Entity will cooperate with Separate Contractors and will do nothing to delay, hinder, or interfere with the work of Separate Contractors, Agency, or Agency’s Representative.

7.3 Design-Build Entity’s Delay Or Damage.

A. Design-Build Entity shall be liable to Agency and any Separate Contractor for the direct delay and disruption costs or damages incurred by such Separate Contract or as a result of Design-Build Entity’s wrongful action or inactions.

ARTICLE 8 -SUBCONTRACTORS

8.1 Award of Subcontracts and Other Contracts for Portions of The Work.

A. All Subcontractors shall be retained in accordance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.). The Design-Build Entity shall not, without the consent of Agency: substitute any person or entity as a Subcontractor in place of the Subcontractor designated in the Proposal; or permit any such Subcontrac tor to be assigned or transferred, or allow it to be performed by any person or entity other than the original Subcontractor listed in the Proposal. Any assignment or substitution made without the prior written consent of the awarding authority or not in compliance with the Subletting and Subcontracting Fair Practices Act shall be void, and the assignees shall acquire no rights in the Contract. Any consent, if given, shall not relieve the Design -Build Entity or its Subcontractors from their obligations un der the terms of the Contract. All requests by the Design -Build Entity for substitution will be handled through Agency’s Representative.

B. The Design -Build Entity shall submit to Agency’s Representative after selecting Subcontractors pursuant to an open and competitive process, an updated expanded list of Subcontractors, along with their respective addresses, telephone numbers, e - mail addresses and contractor’s license numbers. The expanded list of Subcontractors shall be provided and/or updated no later than ten (10) Days after the date which the Design-Build Entity awards a contract for any portion of the Work to a Subcontractor not originally listed in the Design-Build Entity’s Proposal.

C. Agency has the right to request all documentation that supports the Design-Build Entity’s selection of a Subcontractor. Agency shall have the right of final approval as 196
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to the qualifications of a Subcontractor to perform its designated scope of Work.

Within Agency’s discretion, any Subcontractor may be deemed not qualifie d to perform Work on the Project if Agency or Agency’s Representative determines that the Subcontractor fails to meet the requirements of the Contract Documents, or for any other reason.

D. Any increase in the cost of the Work on the Project resulting from the replacement or substitution of a Subcontractor , due to noncompliance pursuant to this Article or as required by Agency or Agency’s Representative pursuant to this Article, shall be borne solely by the Design-Build Entity. The Design-Build Entity shall not be entitled to any increase in Contract Price or an extension of Project Completion Date due to such replacement or substitution.

E. Any part of the Work on the Project performed for the Design -Build Entity by a Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the work to be performed by the Subcontractor, to be bound to the Design -Build Entity by the terms of the Contract Documents, to assume toward the Design -Build Entity all the obligations and responsibilities which the Design -Build Entity assumes towards the Agency by the Contract Documents, and to perform such portion of the work on the Project in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the Agency under the Contract Documents, with respect to the work to be performed by Subcontractor, so that subcontracting thereof will not prejudice such rights. The Design -Build E ntity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals.

This review and coordination includes, but is not limited to, resolution of any inconsistencies, errors or omissions.

8.2 Contingent Assignment of Subcontracts.

A. The Design -Build Entity hereby assigns to Agency all its interest in first tier subcontracts now or hereafter entered into by the Design -Build Entity for performance of any part of the Work on the Project. The assignment will be effective upon acceptance by Agency in writing and only as to those subcontracts which Agency designates in writing. Agency may accept said assignment at any time during the course of the Work on the Project and prior to Final Completion in the event of a s uspension or termination of the Design -Build Entity’s rights under the Contract Documents. Such assignment is part of the consideration to Agency for entering into the Contract with the Design -Build Entity and may not be withdrawn prior to Final Completion.

ARTICLE 9 -CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES

9.1 Contract Change Orders.

A. Agency, without invalidating the Contract, may order changes in the work consisting of additions, deletions or other revisions, and the Contract Price and/or Contract Time shall be adjusted accordingly. All such changes in the Work shall be authorized by written Change Order and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Design -Build 197
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Entity indicates the Design -Build Entity’s agreement therewith, including any adjustment in the Contract Price and/or Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the work authorized by the Change Order. No changes in the Work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract. No dispute, disagreement or failure of the Parties to reach agreement on the terms of a Change Order shall relieve the Design -Build Entity from the obl igation to proceed with performance of the changed work promptly and expeditiously. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract Documents, and shall be subje ct to all terms, conditions and provisions of the original Contract Documents.

B. Design-Build Entity shall promptly execute changes in the Work as directed in writing by Agency even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time, if any. All claims for additional compensation to the Design -Build Entity shall be presented in writing. No claim will be considered after the work in question has been done unless a writt en Change Order has been issued or a timely written notice of claim has been made by Design-Build Entity. Design-Build Entity shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

9.2 Contract Change Order Procedures.

A. Agency Directive

1. The Agency may direct changes in the Work, including deletion of Work, by delivering a written work directive. To the extent the work directive results in a change to the Contract Price and/or Contract Time, Design -Build Entity must timely submit a Change Order Req uest and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Design-Build Entity’s failure to timely submit a Change Order Request shall constitute a waiver by Design -Build Entity of any adjustment to the Contract Price and/or Contract Time for work performed under the directive. The Agency shall not be liable to Design -Build Entity for work performed or omitted by Design-Build Entity in reliance on verbal orders.

2. The Agency shall have the right to order changes in the Work by a unilateral Change Order setting forth the Agency’s determination of the reasonable additions or savings in the Contract Price and/or Contract Time.

B. Design-Build Entity Change Order Requests

1. The Design-Build Entity agrees that one of the purposes of the Contract is to minimize the risk for Change Orders and reduce the likelihood of Change Orders. Change Order Requests shall be kept to a minimum. 198
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2. The Design -Build Entity may request changes to the Contract Price and/or Contract Time for Agency directed changes in the Work or for Additional Work caused by the acts, errors, or omissions of the Agency, or caused by unforeseen conditions if, and only if, the Design -Build Entity follows the procedures specified in this Art icle. Work that should or could have been included as part of the Construction Documents or work resulting from ambiguities in the Construction Documents shall not be considered Additional Work and the Agency will not issue a Change Order for said work.

3. If Design -Build Entity intends to initiate a Change Order Request, then Design-Build Entity shall provide the Agency with written notice of the underlying facts and circumstances that give rise to the proposed change .

Design-Build Entity shall submit the notice of change/delay prior to performance of the work and no later than seven (7) Days after the Agency’s work directive or Design-Build Entity discovers the circumstances causing the need for the Change Order. To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustmen t and time extension, Design-Build Entity shall submit the notice of change and notice of delay concurrently.

4. A Change Order Request will only be deemed timely submitted if it is submitted prior to incurring any expense and within fourteen (14) Days from Design-Build Entity’s notice of change/delay.

5. A Change Order Request must state that it is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment to the Contract Price and/or Contract Time, if any. The Change Order Request shall include all of the following information (unless inapplicable to the change): A detailed description of the circumstances giving rise to the request; A complete itemized cost proposal, including itemized pricing for costs; Supporting documentation for all costs; A time impact analysis showing the impact of the delay to the critical path to completion; If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and Certification to the accuracy of the Change Order Request under penalty of perjury. The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and n on-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The Agency may demand, and Design -Build Entity shall provide, any additional information supporting the C hange Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Design -Build Entity shall provide the requested additional information within five (5) Days of the request.

6. If the Agency denies the C hange Order Request or disagrees with the proposal submitted by Design -Build Entity, it will notify the Design -Build Entity, and the Agency will provide its opinion of the appropriate change to 199
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the Contract Price and/or Contract Time. If no agreement can be reached, the Agency shall have the right to order the work by a unilateral Change Order setting forth the Agency’s determination of the reasonable additions or savings in the Contract Price and/or Contract Time, if any. The Agency’s determination shall become final and binding if the Design-Build Entity fails to submit a Claim in writing to the Agency within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the Agency may reasonably require.

C. Change Order Format

1. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. The Agency may designate the forms to be used for notices, Change Order Requests, and Change Orders. If so designated, Design -Build Entity may only use such forms. Design -Build Entity shall not reserve a right to assert impact c osts, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual accel eration due to a multiplicity of changes and/or clarifications. The Design -Build Entity may not change or modify the Agency’s Change Order form in an attempt to reserve additional rights.

9.3 Determining Adjustments to Compensation.

A. Limitation on Costs. Design-Build Entity shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article.

The mark -up added in instances of Additional Work shall constitute the entire amount of profit, any mark -ups, any fi eld or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

B. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutual ly agreed by the Design-Build Entity and the Agency.

C. Time and Materials Change Orders. The Agency may direct the Design-Build Entity to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials require d to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Design-Build Entity exceeds at its own risk.
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D. Allowed Costs. Estimates for lump sum quotations and accounting for time -and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows

1. Labor. Th e costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be perm itted unless the Design-Build Entity establishes the necessity for such additional costs.

Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. Costs of labor travel shall not be included.

2. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon suppli er or manufacturer’s invoice.

3. Tool and Equipment Use . Regardless of ownership, the rates to be used in determining equipment use shall not exceed the rates listed in the Caltrans Labor Surcharge and Equipment Rental Rate Book. If a specific tool or equipment is not listed therein, then the rate included shall not exceed that in which is prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Design-Build Entity shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the Agency for the total period of use. The Agency shall the make the final determination as to an equita ble rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.
a. The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns or otherwise unnecessarily idled.
b. All equipment shall, in the opinion of the Agency, be in good working condition and suitable for the purpose for whic h the equipment is to be used.

Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
c. Before construction equipment is used on any Additional Work, the Design- Build Entity shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Agency, in duplicate, a description of the equipment and its identifying number. 201
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d. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2 -hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation.

4. Allowed Mark-up. The allowed mark -up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
a. “Net Cost ” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Design-Build Entity and Subcontractors at cost only, without mark -up. Design-Build Entity shall provide the Agency with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the Agency may reasonably request.
b. For Work performed by the Design-Build Entity’s forces the allowed mark -up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. c. For Work performed by a Subcontr actor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Design-Build Entity may add up to five percent (5%) of the Subcontractor’s Net Cost.
d. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub -subcontractor’s Net Cost for Work to which the Subcontractor and Design-Build Entity may each add up to an additional five percent (5%) of the Net Cost o f the lower tier subcontractor.
e. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the Agency exceed twenty-five percent (2 5%) of the Net Cost as defined herein, of th e party that performs the Work.
f. Calculation of the mark -up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.

5. Documentation of Time-and-Material Costs.
a. T&M Daily Sheets . Design-Build Entity must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the Agency’s for an approval signature each day that Work is performed on a time -and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the Agency’s agreement to Design-Build Entity’s entitlement to the cost. 202
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b. T&M Summary Sheet . Design-Build Entity shall submit a T&M Summary Sheet, which shall include total act ual costs, within five (5) Days following completion of Additional Work on a time -and-material basis. Design-Build Entity’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Design-Build Entity’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Design-Build Entity ’s waiver for any reimbursement of any costs associated with the Additional Work. c. Excluded Costs . The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Design-Build Entity’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time -and-materials invoices:
(i) Overhead Cost . Payroll costs and other compensation of Design-Build Entity’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Design-Build Entity whether at the Site or in Design-Build Entity ’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses. Expenses of Design-Build Entity’s principal and branch offices;
(iii) Capital Expenses . Any part of Design-Build Entity ’s capital expenses, including interest on Design-Build Entity ’s capital employed for the Additional Work and charges against Design-Build Entity for delinquent payments;
(iv) Negligence. Costs due to the negligence of Design-Build Entity or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them ma y be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools . Cost of small tools valued at less than $1,000 and that remain the property of Design-Build Entity;
(vi) Administrative Costs . Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii) Anticipated Lost Profits. Expenses of Design-Build Entity associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
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(viii) Home Office Overhead . Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Design-Build Entity , employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superinten dence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on -site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; travel; insurance and bond premiums.

9.4 Design-Build Entity’s Wavier of Further Relief.

A. DESIGN-BUILD ENTITY’S FAILURE TO PROVIDE A COMPLETE AND TIMELY

NOTICE OF A CHANGE ORDER REQUEST OR TO COMPLY WITH ANY OTHER

REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY

DESIGN-BUILD ENTITY OF TH E RIGHT TO AN ADJUSTMENT OF THE

CONTRACT PRICE AND/OR PROJECT COMPLETION DATE ON ACCOUNT OF

SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER

RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE

BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCE SS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS.

B. Design-Build Entity recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the Agency or available to the Agency through other means, is not a mere formality but is of crucial importance to the ability of the Agency to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), tha t does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.
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9.5 Agency Reservation of Rights.

A. By signing the Contract, the parties agree that Agency has the right to do any or all of the following, which are reasonable and within the contemplation of the parties:

1. To order changes in the Work, including without limitation: Changes to correct errors or omissions caused by Agency, if any, in the Contract Documents; Changes resulting from Agency’s decision to change the Work subsequent to execution of the Contract; and Changes due to unforeseen conditions.

2. To suspend Work on the Project or any part thereof.

3. To delay Work on the Project, including without limitation, delays resulting from the failure of Agency or Agency’s Representative to timely perform any Contract obligation and delays for Agency’s convenience.

ARTICLE 10 -TIME FOR COMPLETION; LIQUIDATED DAMAGES

10.1 Progress and Completion.

A. The Design-Build Entity shall proceed expeditiously with adequate forces and shall achieve full completion of the Work by the Project Completion Date. If Agency’s Representative determines and notifies the Design-Build Entity that the Design-Build Entity’s progress is such that the Design -Build Entity will not achieve full completion of the Work by the Project Completion Date, the Design -Build Entity shall immediately and at no additional cost to Agency, take all measures necessary, including working such o vertime, additional shifts, Sundays, or holidays as may be required to ensure that the entire Project is completed within the Project Completion Date. Upon receipt of such notice from Agency’s representative, the Design -Build Entity shall immediately noti fy Agency’s Representative of all measures to be taken to ensure full completion of the Work within the Project Completion Date. The Design-Build Entity shall reimburse Agency for any extra costs or expenses (including the reasonable value of any services provided by Agency’s employees) incurred by Agency as the result of such measures.

10.2 Time for Completion.

A. The time for completion set forth in Contract shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Design-Build Entity in the time specified in the Contract Documents.

The Agency is under no obligation to consider early completion of the Project; and the Project Completion Date shall not be amended by the Agency’s receipt or acceptance of the Design-Build Entity ’s proposed earlier completion date. Any difference in time between the Design-Build Entity’s early completion and the Project Completion Date shall be considered a part of the Project float. Design-Build Entity shall not be entitled to compensation, and the Agency will not compensate Design- Build Entity, for delays which impact early completion. Design-Build Entity shall not, under any circumstances, receive additional compensation from the Agency (including but not limited to indirect, general, administrative or other forms of 205
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overhead costs) for the period between the t ime of earlier completion proposed by the Design-Build Entity and the Project Completion Date.

10.3 Liquidated Damages.

A. If the Work is not completed as stated in the Contract Documents, it is understood that the Agency will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Design-Build Entity shall pay to the Agency as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as sole and exclusive remedy for Design-Build Entity caused delay. Design-Build Entity and its surety shall be liable for any liquidated damages. Any money due or to become due the Design-Build Entity may be retained to cover liquidated damages.

10.4 Inclement Weather.

A. Design-Build Entity shall abide by the Agency’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Design-Build Entity shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

10.5 Extension of Time.

A. Design-Build Entity’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Design-Build Entity ’s concurrent delays, and established by a proper time impact analysis. Design-Build Entity shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Design-Build Entity (or its Subcontractors or Suppliers). The Agency shall ascertain the facts and extent of delay and grant extension of time for completing the Work wh en, in its judgment, the facts justify such an extension.

Design-Build Entity shall not be entitled to an adjustment in the Contract Times for delays within the control of Design-Build Entity. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design-Build Entity.

10.6 Reverse Liquidated Damages.

A. Consistent with Public Contract Code Section 7102, Design -Build Entity will be compensated for damages incurred due to unreasonable dela ys to the critical path for which the Agency is responsible. The parties agree that determining Design-Build Entity’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the Project Completion Date , the Agency shall pay to the Design-Build Entity the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any Agency -caused delays and shall necessarily include all overhead, all profits, a ll administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Design -Build Entity shall not be entitled to reverse liquidated damages for a ny change in the Work 206
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in which Design -Build Entity is compensated for overhead and profit through a Change Order resulting in a lump sum or allowed mark -up for the A dditional Work.

The amount of reverse liquidated damages shall be reduced by Design-Build Entity’s concurrent delays.

10.7 Force Majeure.

A. In accordance with Sections 10.5 and 10.6 above, the Design-Build Entity shall not be charged liquidated damages, and the Agency shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Design-Build Entity will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non -compensable adjustment shall be Design-Build Entity’s sole and exclusive remedy for such delays.

10.8 No Damages for Reasonable Delay.

A. The Agency’s liability to Design -Build Entity for delays for which the Agency is responsible shall be limited to only an extension of time unless such delays w ere unreasonable under the circumstances. In no case shall the Agency be liable for any costs which are borne by the Design -Build Entity in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.

Damages caused by unreasonable Agency delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

10.9 Procedure for Time Extensions and Delay Damages.

A. Design-Build Entity shall not be entitled to any extension of time or any reverse liquidated damages unless Design -Build Entity properly notices the delay and adjustment to compensation and requests a Change Order in accordance with the Contract Documents. Design-Build Entity’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Design-Build Entity’s right to a time extension or reverse liquidated damages.

ARTICLE 11 -TEST AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK; NOTICE OF DEFECTS

11.1 Notice of Defective Work.

A. Prompt notice of all Defective Work of which Agency or Agency’s Representative has actual knowledge will be given to Design -Build Entity. Defective Work may be rejected, corrected, or accepted as provided in the Contract Documents.

11.2 Access to Work.

A. Agency, Agency’s Representative, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Project site and the Work at reasonable times for their observation, inspection, and testing. Design -Build Entity shall provide them proper and safe conditions for such access and advise them of Design -Build Entity’s safety procedures and programs.
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11.3 Tests and Inspections.

A. Design-Build Entity shall give Agency’s Representative timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

B. Except as provided by the Contract Documents, Agency shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents.

C. If Applicable Laws of any public body havin g jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Design -Build Entity shall assume full responsibility for arranging and obtaining such inspection s, tests, or approvals, pay all costs in connection therewith, and furnish Agency’s Representative the required certificates of inspection or approval.

D. Design-Build Entity shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Agency and Agency’s Representative’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Design-Build Entity’s purchase thereof for incorporation in the Work.

Such inspections, tests, or approvals shall be performed by organizations acceptable to Agency.

E. Agency will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday th rough Friday. Inspection before or after this time will be charged to the contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to Agency ordinance.

11.4 Uncovering Work.

A. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Design -Build Entity without written concurrence of Agency’s Representative, Design-Build Entity shall, if requested by Agency’s Representative, uncover such Work for observation.

B. Uncovering Work shall be at Design -Build Entity’s expense unless Design -Build Entity has given Agency’s Representative timely notice of Design -Build Entity’s intention to cover the same and Agency’s Representative has not acted with reasonable promptness in response to such notice.

C. If Design -Build Entity has given Agency’s Representative timely notice of Design - Build Entity’s intention to cover the work and Agency’s Representative has not acted with reasonable promptness in response to such notice, and Agency’s Representative later considers it necessary or advisable that covered Work be observed by Agency’s Representative or inspected or tested by others, Design -Build Entity, at Agency’s Representative’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Agency’s Representative 208
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may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Design -Build Entity shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and a ll court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Agency shall be entitled to an appropriate decrease in the Contract Price.

2. If the uncovered Work is not found to be defective, Design -Build Entity shall be allowed an increase in the Contract Price and/or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.

11.5 Agency May Stop The Work.

A. If the Work is defective, Agency may in its sole discretion order Design-Build Entity to stop the Work, or any portion thereof, until the cause for such order has been eliminated. All delays associated with the stop Work order will be the responsibility of the Design-Build Entity.

11.6 Correction of Defective Work.

A. Promptly after receipt of written notice , t he Design -Build Entity shall (1) correct Defective Work that becomes apparent during the progress of the Work on the Project and (2) replace, repair, or restore to Agency’s satisfaction any other parts of the Work on the Project and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work . The Design-Build Entity shall promptly commence such correction, replacement, repair, or restoration up on notice from Agency’s Representative or Agency, but in no case later than fourteen (14) Days after receipt of such notice; and the Design -Build Entity shall diligently and continuously prosecute such correction to completion. The Design-Build Entity shal l bear all costs of such correction, replacement, r epair, or restoration, and all l osses resulting from such Defective Work, including additional testing, inspection, and compensation for Agency’s Representative’s services and expenses. The Design -Build Entity shall perform corrective Work on the Project at such times that are acceptable to Agency and in such a manner as to avoid, to the extent practicable, disruption to Agency’s activities. When correcting Defective, Design-Build Entity shall take no action that would void or otherwise impair Agency’s special warranty and guarantee, if any, on said Work.

B. If immediate correction of Defective Work is required for life safety or the protection of property and is performed by Agency or Separate Contractors, t he Design-Build Entity shall pay to Agency all reasonable costs of correcting such Defective Work.

The Design-Build Entity shall replace, repair, or restore to Agency’s satisfaction any other parts of the Construction Work and any other real or personal property which is 209
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damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.

C. The Design -Build Entity shall remove from the Project site portions of the Construction Work and materials which are not in accordance with t he Contract Documents and which are neither corrected by the Design -Build Entity nor accepted by Agency.

D. Enforcement of the Design -Build Entity’s express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and no t in limitation of any other rights or remedies Agency may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligati ons of the Design-Build Entity under the Contract Documents.

11.7 Acceptance of Defective Work.

A. If, instead of requiring correction or removal and replacement of Defective Work, Agency prefers to accept it, Agency may do so. Design -Build Entity shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Agency’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

B. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Agency shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by Agency.

C. If the Project retention is held in an escrow account as permitted by the Contract Documents, Design-Build Entity will promptly alert the escrow holder, in writing, of the amount of retention to be paid to Agency.

D. If the acceptance of defective Work occurs after release of the Project retention, an appropriate amount will be paid by Design-Build Entity to Agency.

11.8 Agency May Correct Defective Work.

A. If Design-Build Entity fails within a reasonable time after written notice from Agency’s Representative to correct Defective Work, or to remove and replace rejected Work as require d by Agency, or if Design -Build Entity fails to perform the Work in accordance with the Contract Documents, or if Design -Build Entity fails to comply with any other provision of the Contract Documents, Agency may, after seven (7) Days written notice to Design-Build Entity, correct, or remedy any such deficiency.

B. In connection with such corrective or remedial action, Agency may exclude Design- Build Entity from all or part of the Site, take possession of all or part of the Work and suspend Design-Build Entity’s services related thereto, take possession of Design - Build Entity’s tools, appliances, construction equipment and machinery at the Site, 210
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and incorpora te in the Work all materials and equipment stored at the Site or for which Agency has paid Design-Build Entity but which are stored elsewhere. Design - Build Entity shall allow Agency and Agency’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable Agency to exercise the rights and remedies to correct the defective work.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, att orneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Agency correcting the defective work will be charged against Design -Build Entity, and a Change Order will be issued incorporating the n ecessary revisions in the Contract Documents with respect to the Work; and Agency shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

D. If the Change Order is executed after all payments under the Contract have been paid by Agency and the Project Retention is held in an escrow account as p ermitted by the Contract Documents, Design-Build Entity will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to Agency.

E. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Design-Build Entity to Agency.

F. Design-Build Entity shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to Agency correcting defective work.

ARTICLE 12 -PAYMENTS TO DESIGN-BUILD ENTITY AND COMPLETION

12.1 Schedule of Values.

A. The Design-Build Entity shall submit a schedule of values to the Agency before the first Application for Payment, allocating the entire Contract Price to the various portions of the Work. The schedule of values shall be prepar ed in the form, and supported by the data to substantiate its accuracy, required by the Agency. This schedule, unless objected to by the Agency, shall be used as a basis for reviewing the Design-Build Entity’s Applications for Payment. Any changes to the s chedule of values shall be submitted to the Agency and supported by such data to substantiate its accuracy as the Agency may require, and unless objected to by the Agency, shall be used as a basis for reviewing the Design -Build Entity’s subsequent Applicat ions for Payment.

12.2 Applications for Payments.

A. By the twenty -fifth (25th) day of each month Design -Build Entity shall submit to Agency’s Representative for review an Application for Payment filled out and signed by Design-Build Entity covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and su itably stored at the Site 211
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or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Agency has received the materials and equipment free and clear o f all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Agency’s interest therein, all of which must be satisfactory to Agency.

B. Beginning with the second Application for Payment, each Application shall include an affidavit executed by the Design -Build Entity stating that it has paid all amounts due on account of the Work paid by Agency in the prior Applications for Payment.

12.3 Review of Applications.

A. Agency’s Representative, shall within five (5) business days, either indicate in writing a recommendation of payment to Agency or return the Application for Payment to Design-Build Entity indicating in writing Agency’s Representative’s reasons for refusing to recommend pa yment. In the latter case, Design -Build Entity may make the necessary corrections and resubmit the Application for Payment.

B. In taking action on the Design -Build Entity’s Applications for Payment, the Agency shall be entitled to rely on the accuracy and com pleteness of the information furnished by the Design -Build Entity and shall not be deemed to represent that the Agency has made a detailed examination, audit or arithmetic verification of the documentation submitted in support of the Application for Paymen t or other supporting data; that the Agency has made exhaustive or continuous on -site inspections; or that the Agency has made examinations to ascertain how or for what purposes the Design -Build Entity has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Agency, will be performed by the Agency’s auditors acting in the sole interest of the Agency.

C. By recommending any such payment Agency’s Representative will not thereby be deemed to have represented that:

1. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Agency’s Representative in the Contract Documents; or

2. there may not be other matters or issues between the parties that might entitle Design-Build Entity to be paid additionally by Agency or entitle Agency to withhold payment to Design-Build Entity.

D. Neither Agency’s Representative’s review of Design -Build Entity’s Work for the purposes of recommending payments nor Agency’s Representative’s recommendation of any payment, including final payment, will impose responsibility on Agency’s Representative:

1. to supervise, direct, or control the Work;
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2. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto;

3. for Design-Build Entity’s failure t o comply with Applicable Laws applicable to Design-Build Entity’s performance of the Work;

4. to make any examination to ascertain how or for what purposes Design -Build Entity has used the moneys paid on account of the Contract Price; or

5. to determine that title to any of the Work, materials, or equipment has passed to Agency free and clear of any Liens.

E. Agency’s Representative may refuse to recommend the whole or any part of any payment due to subsequently discovered evidence or the results of subsequent inspections or tests. Agency retains the right to revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Agency’s opinion to protect Agency from loss.

12.4 Payment Becomes Due.

A. Thirty (30) Days after presentation of a n undisputed and properly submitted Application for Payment to Agency’s Representative, and subject to Agency’s Representative’s recommendation, subject to the modifications above, the amount recommended will become due, and when due will be paid by Agency to Design- Build Entity.

12.5 Retention and Securities in Lieu of Retention.

A. Unless Project has been deemed substantially complex as noted in the Contract Documents, Agency will retain five percent (5%) of the amount invoiced in accordance with Applicable Laws.

B. Pursuant to Public Contract Code section 22300, Design -Build Entity may substitute securities for any moneys withheld as a retention by Agency to ensure performance under the Contract. At the request and expense of Design -Build Entity, securities equivalent to the amount withheld shall be deposited with Agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to Design -Build Entity. Upon satisfactory completion of the Contract, the securities shall be returned to Design-Build Entity.

1. Alternatively, Design -Build Entity may request, and Agency shall make payment of retentions earned directly to the escrow agent selected by the Design-Build Entity. At the expense of Design -Build Entity, Design -Build Entity may direct the investment of the payments into securities and Design - Build Entity shall r eceive the interest earned on the investments upon the same terms provided for in Public Contract Code section 22300 for securities deposited by Design -Build Entity. Upon satisfactory completion of the Contract, Design -Build Entity shall receive from the escrow agent all securities, interest, and payments received by the escrow agent when 213
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Agency authorizes the escrow agent to release these funds to the Design - Build Entity, pursuant to the terms of Public Contract Code section 22300.

C. Securities eligible fo r investment shall include those listed in Government Code section 16430, bank or savings and loan certificates of deposit, interest -bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Design-Build Entity and Agency.

D. Design-Build Entity shall be the beneficial Agency of any securities substituted for moneys withheld and shall receive any interest thereon.

E. The escrow agreement shall be in the form of the Escrow Agreement provided as part of the Contract Documents.

12.6 Agency’s Reduction in Recommended Payment.

A. In addition to reductions recommended by Agency’s Representative, Agency may refuse to make payment of the full amount recommended by Agency’s Representative because:

1. Claims have been made against Agency on account of Design -Build Entity’s performance or furnishing of the Work.

2. Stop Payment Notices or Liens have been filed in connection with the Work.

3. Defective Work not remedied.

4. Failure of Design-Build Entity to make proper payments to its subcontractors or suppliers.

5. Completion of the Contract if there exists a reasonable doubt that the Work can be completed for the unpaid Contract balance.

6. Damage to another contractor or third party.

7. Amounts which may be due the Agency for claims against Design -Build Entity.

8. Failure of Design -Build Entity to keep the record (‘as -built”) drawings up to date.

9. Failure to provide updates on the construction schedule.

10. Site cleanup.

11. Failure of the Design-Build Entity to comply with requirements of the Contract Documents.

12. Liquidated Damages.
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B. Upon completion of the Contract, Agency will reduce the final Contract Price to reflect costs charged to the Design -Build Entity, back charges or payments withheld pursuant to the Contract Documents.

12.7 Design-Build Entity’s Warranty of Title.

A. Design-Build Entity warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Agency no later than the time of payment free and clear of all Liens.

12.8 Partial Utilization.

A. Agency reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Design -Build Entity of its responsibilities under the Contract.

12.9 Final Inspection.

A. Upon written notice from Design -Build Entity that the entire Work is complete, Agency’s Representative will promptly make a final inspection with Agency and Design-Build Entity and will notify Design -Build Entity in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design -Build Entity shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

12.10 Final Acceptance.

A. After Design -Build Entity has, in the opinion of Agency’s Representative, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all mainten ance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents, and other documents required by the Contract Documents, Agency shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

12.11 Final Payment.

A. Application for Payment.

1. Upon execution of the Notice of Completion, Design -Build Entity may submit a final accounting for the cost of the Work and a final Application for Payment.

Final payment, constituting the entire unpaid balance of the Contract Price.

2. Prior to Final Payment, the Agency may conduct an audit of the Work or notify the Design -Build Entity that it will not conduct an audit and issue a final Certificate for Payment. If the Agency conducts an audit of the Work, the Agency 215
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will either issue to the Design-Build Entity a final Certificate for Payment, or notify the Desig n-Build Entity in writing of the Agency’s reasons for withholding a certificate. If the Agency’s auditors report the cost of the Work as substantiated by the Design -Build Entity’s final accounting to be less than claimed by the Design-Build Entity, the Des ign-Build Entity shall be entitled to make a claim.

Pending a final resolution of the disputed amount, the Agency shall pay the Design-Build Entity the amount certified in the Agency’s final Certificate for Payment.

3. The final Application for Payment sh all be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance;
b. consent of the surety to final payment;
c. a fully completed Conditional Waiver and Release on Final Payment.

B. Agency’s Representative’s Review of Application and Acceptance.

1. If, on the basis of Agency’s Representative’s observation of the Work during construction and final inspection, and Agency’s Representative’s review of the final Applicati on for Payment and accompanying documentation as required by the Contract Documents, Agency’s Representative is satisfied that the Work has been completed and Design -Build Entity has satisfied all other requirements for final payment, Agency’s Representative will indicate in writing Agency’s Representative’s recommendation of payment and present the Application for Payment to Agency for payment. Otherwise, Agency’s Representative will return the Application for Payment to Design -Build Entity, indicating in writing the reasons for refusing to recommend final payment, in which case Design -Build Entity shall make the necessary corrections and resubmit the Application for Payment.

C. Payment Becomes Due.

1. Within sixty (60) Days after the presentation to Agency’s Representative of the proper and complete final Application for Payment and accompanying documentation, the amount recommended by Agency’s Representative, less any sum Agency is entitled to set off pursuant to the Contract Documents, will become due and will be paid by Agency to Design-Build Entity.

12.12 Waiver of Claims.

A. The making and acceptance of final payment will constitute a waiver of all Claims by Design-Build Entity against Agency other than those previously made in accordance with the requirements herein and expressly acknowledged by Agency in writing as still unsettled.
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ARTICLE 13 -SUSPENSION OF WORK AND COMPLETION

13.1 Agency May Suspend Work.

A. Agency may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Design -Build Entity. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Design - Build Entity shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

B. Upon receipt of any such notice, Design-Build Entity shall, unless the notice requires otherwise:

1. Immediately discontinue Work on the date and to the extent specified in the notice;

2. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;

3. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to Agency’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and

4. Continue to protect and maintain the Work including those portions on which Work has been suspended.

C. Except as provided by this article, as full and complete compensation for such suspension, Design-Build Entity shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Design -Build Entity’s actual costs associated with the demobilized condition of the Site (and as a result will be less than the Daily Rate contained in the Special Conditions ) and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Design -Build Entit y's non - compliance with the requirements of the Contract.

13.2 Agency May Terminate for Cause.

A. Agency may, without prejudice to any other right or remedy, serve written notice upon Design-Build Entity of its intention to terminate this Contract in whole or in p art if the Design-Build Entity: (i) refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the Project Completion Date; (ii) fails to complete the Work within the required time; (iii) files a ban kruptcy petition or is adjudged a bankruptcy; (iv) makes a general assignment for the benefit of its creditors; (v) has a receiver appointed; (vi) refuses or fails to supply enough properly skilled workers or proper materials to complete the Work; (vii) fa ils to make prompt payment to subcontractors or for material or labor; (viii) disregards Applicable Laws, other requirements or instructions of Agency; or (ix) violates any of the provisions of the Contract Documents.
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B. The Notice of Default and Intent to Te rminate shall state the reasons for termination.

Unless within ten (1 0) Days after the service of such notice, Design -Build Entity resolves the circumstances giving rise to the Notice of Default to Agency’s satisfaction, or makes arrangements acceptable to Agency for the required corrective action, Agency may terminate this Contract. In such case, Design -Build Entity shall not be entitled to receive any further payment until the Work has been finished.

Agency may take over and complete the Work by any met hod it may deem appropriate, including enforcement of the Project Performance Bond. Design -Build Entity and its surety shall be liable to Agency for any excess costs or other damages incurred by Agency to complete the Work. If Agency takes over the Work, Agency may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Design - Build Entity as may be on the Site.

13.3 Agency May Terminate for Convenience.

A. In addition to its right to terminate this Contract for default, Agency may terminate the Contract, in whole or in part, at any time upon seven (7) Days written notice to Design-Build Entity. The Notice of Termination shall specify that the termination is for the convenience of Agency, the extent of termination, and the effective date of such termination (“Effective Date of Termination”).

B. After receipt of Notice of Termination, and except as directed by Agency, the Design- Build Entity shall, regardless of any d elay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:

1. Stop Work as specified in the Notice.

2. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.

3. Leave the Site and any other property upon which the Design -Build Entity was working in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

4. Terminate all subcontracts and purchase orders to the extent that they relate to the portions of the Work terminated.

5. Place no further subcontracts or orders, except as necessary to complete the remaining portion of the Work.

6. Submit to Agency, within fifteen (15) Days from the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Design -Build Entity for labor, materials and equipment through the No tice of Termination. Any documentation substantiating costs incurred by the Design -Build Entity solely as a result of Agency's exercise of its right to terminate this Contract pursuant to this clause, which costs the Design-Build Entity is authorized unde r the Contract Documents to incur, shall: (i) be submitted to and received by Agency no later than thirty (30) 218
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Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously ident ified as "Termination Costs Occasioned by Agency's Termination for Convenience." C. Agency’s total liability to Design-Build Entity by reason of the termination shall be limited to the total (without duplication of any items) of:

1. The reasonable cost to the Design-Build Entity for all Work performed prior to the Effective Date of Termination, including the Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedu le and the schedule of values. Deductions shall be made for cost of materials to be retained by the Design -Build Entity, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by the Contract Documents.

2. When, in Agency’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed.

3. Any Work required by the Termination for Convenience that is not included in Contract Documents will be negotiat ed pursuant to the Contract Change Order provisions.

4. Reasonable costs to the Design -Build Entity of handling material returned to vendors, delivered to Agency or otherwise disposed of as directed by Agency.

5. A reasonable allowance for the Design -Build Entity’s internal administrative costs in preparing termination claim.

6. Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination.

D. In no event shall Agency be liable for unreasonable costs incurred by the Design- Build Entity or subcontractors after receipt of a Notice of Termination. Such non - recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post -termination employee salaries, unreasonable post -termination administrative expenses, post - termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Design -Build Entity’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.

E. Agency shall have no obligation to pay the Design -Build Entity under this Article unless and until the Design -Build Entity provides Agency with updated and acceptable as -builts and Record Documen ts for Work completed prior to termination as required by the Contract Documents.
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F. In arriving at the amount due the Design-Build Entity under this clause there shall be deducted in whole, or in the appropriate part(s) if the termination is partial:

1. All unliquidated advances or other payments on account previously made to the Design -Build Entity, including without limitation all payments which are applicable to the terminated portion of the Contract Documents,

2. Any claim Agency may have against the Design -Build Entity in connection with the Work or any amounts that may be withheld in accordance with the Contract Documents, and

3. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Design -Build Entity and not otherwis e recovered by or credited to Agency.

G. Design-Build Entity shall not be paid on account of loss of anticipated profits or revenue or other economic loss or consequential damages arising out of or resulting from such termination.

H. Notwithstanding any other pr ovision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, Agency may immediately order Design -Build Entity to cease Work until such safety or liability issues are addressed to the satisfaction of Agency or the Contract is terminated.

I. If Agency terminates Design-Build Entity for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termin ation for convenience. In such event, Design-Build Entity shall be entitled to receive only the amounts payable under this section, and Design -Build Entity specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

ARTICLE 14 -CLAIMS, DISPUTE AVOIDANCE AND RESOLUTION

14.1 Procedure for Resolving Claims
A. Design-Build Entity shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Price and/or the Project Completion Date, including but not limited to all requirements of Article 9 and Article 14.1, as a prerequisite to filing any Cla im governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely submit a Chang Order Request, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the Claim under the Contract or at law.

B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arb itration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to 220
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resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

C. Claims. For purposes of this Arti cle, "Claim" means a separate demand by the Design-Build Entity for (1) a time extension, including without limitation relief from damages or penalties for delay assessed by Agency, (2) payment of money or damages arising from Work done by or on behalf of the Design -Build Entity and payment of which is not otherwise expressly provided for or the Design-Build Entity is not otherwise entitled, or (3) payment of an amount which is disputed by Agency. A “Claim” does not include any demand for payment for which the Design-Build Entity has failed to provide notice, submit a Change Order Request, or otherwise failed to follow any procedures contained in the Contract Documents.

D. Filing Claims. Claims governed by this Article may not be filed unless and until the Design-Build Entity completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Price and/or the Project Completion Date, and Design -Build Entity’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Agency and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Not hing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

E. Documentation. The Design -Build Entity will submit the claim justification in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contr act Document provisions pursuant to which the Claim is made

2. List of documents relating to the Claim
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence
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4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested

7. Cover letter and certification of validity of the Claim F. Agency Response to Claim. Upon receipt of a Claim pursuant to this Article, Agency shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after Agency issues its written response.

1. If Agency needs approval from its governing body to provide Design -Build Entity a written statement as set forth above, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, Agency shall have up to three (3) days following the next publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide Design -Build Entity a written statement identifying the disputed portion and the undisputed portion of the Claim.

2. Agency may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the Claim or relating to defenses or Claims Agency may have. If addition al information is needed thereafter, it shall be provided upon mutual agreement of the Agency and the Design-Build Entity. Agency’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional docu mentation, or within the same period of time taken by the Design -Build Entity to produce the additional information, whichever is greater.

G. Meet and Confer Conference . If the Design -Build Entity disputes Agency’s response, or if Agency fails to respond wit hin the statutory time period(s), the Design-Build Entity may so notify Agency, in writing, within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, Agency shall schedule a meet and confer conference within 30 Days.

H. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim r emains in dispute, the Agency shall provide the Design-Build Entity a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processe d and made within 60 Days after the Agency issues its written statement. Any disputed portion of the Claim, as identified by the Design -Build Entity in writing, shall be submitted to nonbinding mediation, with the Agency and the Design-Build Entity sharing the associated costs equally. The public entity and Design -Build Entity shall mutually agree to a mediator 222
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within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.

3. Unless otherwise agreed to by the Agency and the Design -Build Entity in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Des ign-Build Entity completes the Work or the date that the Design -Build Entity last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

I. Procedures After Mediation . If following the mediation, the Claim or any portion remains in dispute, the Design -Build Entity must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of th e Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Design -Build Entity submits his or her written Claim pursuant to sub division (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pu rsuant to Chapter 2.5 (commencing with Section 1141.10) of 223
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Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1 141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapte r, also pay the attorney’s fees on appeal of the other party.

K. Government Code Claim Procedures.

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Design -Build Entity must comply with the claim procedures set forth in Gover nment Code Section 900, et seq. prior to filing any lawsuit against the Agency.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Design -Build Entity. If Design-Build Entity does not comply with the Government Code clai m procedure or the prerequisite contractual requirements, Design -Build Entity may not file any action against the Agency.

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Design -Build Entity last perform s Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Design-Build Entity or that should reasonably by known to Design -Build Entity excepting only new unrelated Claims that arise after t he Government Code claim is submitted.

L. Non-Waiver. The Agency’s failure to respond to a Claim from the Design-Build Entity within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Cla im being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. 224
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14.2 Litigation.

A. Any claims, disputes, or controversies between the parties arising out of or related to the Contract, which have not been resolved in accordance with the procedures set forth herein shall be resolved in a court of competent jurisdiction.

14.3 Duty to Continue Performance.

A. Unless provided to the contrary in the Contract Documents, Design -Build Entity shall continue to perform the Work and Agency shall continue to satisfy its payment obligations to Design -Build Entity, pending the final resolution of any dispute or disagreement between Design-Build Entity and Agency.

ARTICLE 15 -MISCELLANEOUS PROVISIONS

15.1 Limitations On Agency’s Responsibilities.

A. Agency shall not supervise, direct, or have control or authority over, nor be responsible for, the Design -Build Entity’s means, methods, techniques, sequences, or procedures of design or construction, or the safety precautions and programs incident thereto, or for any failure of the Design-Build Entity to comply with Applicable Laws applicable to the performance of the Work. Agency will not be responsible for the Design -Build Entity’s failure to perform the Project in accordance with the Contract Documents.

15.2 Successors
A. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. The Design -Build Entity may not either voluntarily or by action of law, assign any obligation assumed by the Design-Build Entity hereunder without the prior written consent of the Agency.

15.3 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the partie s hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provi sions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

15.4 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, a nd acceptance of the Project or termination or completion of the Contract or termination of the services of the Design-Build Entity. 225
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15.5 Controlling Law.

A. Notwithstanding any subcontract or other contract with any Subcontractor, Supplier, or other person or organization performing any part of the Project, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

15.6 Jurisdiction; Venue.

A. The Design -Build Entity and any Subcontractor, supplier, or other person or organization performing any part of the Project agree that any action or suits at law or in equity arising out of or related to the proposal process, award, or performance of the Project shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

15.7 Headings.

A. Article and paragraph headings are inserted for convenience only and do n ot constitute parts of these General Conditions.

15.8 Agency’s Right to Audit.

A. The Design -Build Entity shall make available to Agency for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copi es of requested records to Agency. If the Design -Build Entity submits a Change Order Request or a Claim to Agency, Agency shall have the right to audit the Design -Build Entity’s books, records, documents, and other evidence to the extent they are relevant.

B. The right to audit shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted, including but not limited to job cost reports, estimates, proposals, bids, proposal papers, documents of other work administered by the Design -Build Entity’s home office, and any and all other documentation relied upon by the Design -Build Entity to obtain this Contract. Agency shall have the right to make and take copies of any records examined.

C. The right to audit shall include the right to inspect the Design -Build Entity’s plans, or such parts thereof, as may be or have been engaged in the performance of the Project. The Design -Build Entity further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The right to audit provided herein shall be exercisable through such representatives as Agency deems desirable during the Design -Build Entity’s normal business hours at the Design -Build Entity’s office.

D. In accordance with Government Code Section 8546.7, records of both Agency and the Design-Build Entity shall be subject to examination and audit by the State Auditor 226
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General for a period of three (3) years after final payment. The Design -Build Entity shall make available to Agency any of the Design -Build Entity’s other documents related to the Pro ject immediately upon request of Agency. In addition to the State Auditor’s rights described above, Agency shall have the right to examine and audit all books, estimates, records, contracts, documents, Proposals, subcontracts, and other data of the Design -Build Entity (including electronic records, computations and projections) related to negotiating, pricing, or performing the Project in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.

15.9 Assignment.

A. Design-Build Entity shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of Agency. Any assignment without the written consent of Agency shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

B. As set forth in Public Contract Code section 7103.5, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the C layton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

15.10 All Legal Provisions Included.

A. Design-Build Entity shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Design -Build Entity observes that drawings and specifications are at variance therewith, he shall promptly notify Agency in writing and any necessary chan ges shall be adjusted as provided for in this Contract for changes in Work. If Design-Build Entity performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Agency, he shall bear all costs arising therefrom.

B. Design-Build Entity shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Design -Build Entity shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable..
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C. Design-Build Entity acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No Agency official or representative who is authorized in such capacity and on behalf of Agency to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by Agency, at no increase in the Contract Price or Contract Time, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.

15.11 State License Board Notice.

A. Contractors are required by law to be licensed and regulated by the Design -Build Entity’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, the Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

15.12 Noise.

A. The Design-Build Entity shall use only such equipment on the Project and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

B. The Design -Build Entity shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain dam age or be determined to be ineffective or defective, the Design-Build Entity shall promptly remove the equipment and shall not return that equipment to the Project site until the device is repaired or replaced.

Noise and vibration level requirements shall apply to all equipment on the jobsite or related to the Project, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Design-Build Entity. 228
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15.13 Change In Name Or Nature of Design-Build Entity’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Design -Build Entity’s legal entity, the Design-Build Entity shall first notify Agency in order that proper steps may be taken to have the change reflected in the Contract Documents and all related documents. No change of the Design -Build Entity’s name or nature will affect Agency’s rights under the Contract Documents, including but not limited to the bonds and insurance.

15.14 Complete Contract.

A. The Contract Documents constitute the full and comple te understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modified only by a written instrument signed by both parties or as otherwise provided in the Contract Documents.

15.15 Notice of Third Party Claims.

A. Pursuant to Public Contract Code section 9201, Agency shall provide Design -Build Entity with timely notification of the receipt of any third -party claim relating to the Contract.

15.16 Severability of Provisions.

A. If any one or more of the provisions contained in the Contract Documents should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

15.17 Correction of Errors and Omissions.

A. The Design-Build Entity agrees to correct any error or omission in the Construction Documents or Contract Documents at no additional cost to Agency.

15.18 Interpretation.

A. The Contract Documents shall not be construed in favor of or against any party, but shall be construed as if all parties prepared the Contract Documents.

END OF GENERAL CONDITIONS

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ATTACHMENT 3

SPECIAL CONDITIONS

-RESERVED-
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
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ATTACHMENT 4

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Fontana (“Agency”) has awarded to ________________, (“DBE”) an agreement for ____________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the DBE is more particularly set forth in the Contract Documents for th e Project dated __________ , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the DBE is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE , we, _______________, the undersigned DBE and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto t he Agency in the sum of ___________________________ dollars, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors a nd administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH , that, if the DBE, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abi de by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the Agency, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by Agency in enforcing such obligation.

The obligations of Surety hereunder shall continue so long as any obligation of DBE remains. Nothing herein shall limit the A gency’s rights or the DBE or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
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Whenever DBE shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a Bid or Bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and the Agen cy, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to DBE by the Agency under the Contract and any modification thereto, less any amount previously paid by the Agency to the DBE and any other set offs pursuant to the Contract Documents.
(3) Permit the Agency to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages f or which Surety may be liable.

The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to DBE by the Agency under the Contract and any modification thereto, less any amount previously paid by the Agency to th e DBE and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the DBE.

Surety shall not utilize DBE in completing the Project nor shall Surety accept a Bid from DBE for completion of the Project if the Agency, when declaring the DBE in default, notifies Surety of the Agency’s objection to DBE’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obliga tions on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
___________________________________
Design-Build Entity
By: ________________________________
President
___________________________________
Surety
By:________________________________
Attorney-in-Fact

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power -of-Attorney to local representatives of the bonding company must be attached hereto.

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Notary Acknowledgment
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.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 fo regoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
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ATTACHMENT 5

PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Fontana (“Agency”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ , hereinafter designated as the “Principal,” a contract (“Contract”) for the work described as follows:
(“Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the pe rformance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Agency in the penal sum of ______________ dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, a dministrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay a ny of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of empl oyees of the DBE and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such Work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Agency in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons na med in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligat ion of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of 235
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recovery of claimants otherwise entitled to rec over under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for wh ose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or Agency and original DBE or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, e xtension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF , two (2) identical counterparts of this instrument, each of which shall for all purposes b e deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

(Corporate Seal of Principal, if corporation) ___________________________________ Design-Build Entity
By: ________________________________
President

(Seal of Surety)
___________________________________
Surety
By:________________________________
Attorney-in-Fact

(Attached Attorney-In-Fact Certificate and Required Acknowledgements)

NOTE: A copy of the Power -of-Attorney to local representatives of the bonding company must be attached hereto.

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Notary Acknowledgment
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.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 PER JURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
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A6-1

ATTACHMENT 6

HOURLY RATE SCHEDULE FOR EXTRA WORK
[***ATTACH RATE SCHEDULE***]

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16498.00170\41015756.1

A7-1

ATTACHMENT 7
WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:

Every employer except the State shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.

b. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees.

I am 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 p rovisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Date:

Name of Design-Build Entity:

Signature:

Print Name:

Title:
(In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any Work under this Contract.)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2468 Agenda Date: 10/10/2023
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the North Heritage Phase 1 Fiber Optic Project (Bid No. SB-147- DE-23).

RECOMMENDATION:

1. Award Bid and authorize the City Manager to execute a construction contract with GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project in the amount of $218,484.01 and authorize a 10% contingency in the amount of $21,848.40 (Bid No. SB-147- DE-23).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the North Heritage Phase 1 Fiber Optic Project.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

The City determined the need for new conduit and fiber to be installed along North Heritage Circle/Kestrel Drive from Baseline Avenue to Victoria Street to aid in circulation and ease congestion for the expanding and growing population of North Heritage.

This project is a component of a comprehensive transportation improvement and traffic management program. The improvements consist of installing fiber optic facilities that will close gaps in the existing network infrastructure and enhance the City’s traffic management communication system. This project will further the goal of completing the Traffic Signal Communications Network Master Plan, which includes the installation of fiber optic cable to bring back video and communications to the Traffic Management Center (TMC). Once completed, the project will improve the flow of traffic for all roadway users as staff will be able to better manage traffic operations during peak hours from the TMC.

City of Fontana Printed on 10/5/2023Page 1 of 2
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File #: 21-2468 Agenda Date: 10/10/2023
Agenda #: D. Category: Consent Calendar
On August 31, 2023, at 2:00 p.m. the bids for this contract were opened. A total of 14 bids were received ranging from $218,484.01 to $528,439.42. GA Technical Services, Inc. is the lowest bidder in the amount of $218,484.01. The Engineer's estimate was $209,340.00. After reviewing the proposed bid documents, Purchasing staff has determined GA Technical Services, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $240,332.41 for the full term of the contract and is included in the 2023-2024 budget in 37600023-246-A-8330.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600

PROJECT LOCATIONNORTH HERITAGE DRIVEFIBER OPTIC PHASE I PROJECT SB-147-DE-23
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Bid Results
North Heritage Circle Phase 1 Fiber Optic Installation Project SB-147-DE-23

1. GA Technical Services $218,484.01
Glendora, CA

2. On Demand Contractors $221,130.00
Whittier, CA

3. Alfaro Communications Construction $248,206.72
Compton, CA

4. International Line Builders $250,639.00
Corona, CA

5. Servitek Electric, Inc. $259,056.00
Walnut, CA

6. HZS Engineering, Inc. $324,437.00
Santa Ana, CA

7. HP Communications, Inc. $336,557.00
Corona, CA

8. Select Electric, Inc. $339,664.00
Anaheim, CA

9. Elecnor Belco Electric, Inc. $350,325.00
Chino, CA

10. Crosstown Electrical & Data Inc. $364,590.50
Irwindale, CA

11. California Professional Engineering, Inc. $387,101.00 La Puente, CA

12. SECC Corporation $413,109.43
Corona, CA

13. DBX, Inc. $457,750.00
Temecula, CA

14. Herman Weissker, Inc. $528,439.42
Riverside, CA
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City of Fontana
NORTH HERITAGE CIRCLE PHASE 1 FIBER OPTIC INSTALLATION PLAN PROJECT (SB-147-DE-23), bidding on 08/31/2023 2:00 PM (PDT)