Technology Design Specifications
City of Pismo Beach
New Police and Fire Facility
1. The following systems will be part of the technology design for the new facility:
a. Structured Cabling.
b. Telephone.
c. Network Switching (by Owner).
d. Wireless.
e. Audio/Visual Systems.
f. Security
i. Video Surveillance.
ii. Access Control (Door and Gate Access).
iii. Door Intercom at Main Entrances.
g. Fire Alert/Paging.
h. Radio Systems.
i. Radio system antennas, equipment, and installation by Owner’s radio vendor. ii. Construction Manager to provide the following:
1. Rooftop supports for radio antenna.
2. Pathway from roof antennas to Main Network Room (MDF).
3. Bi-directional Antenna system with building, if required.
2. These systems will interact in the following zones or areas of the buildings:
a. Police.
i. Lobby.
ii. Offices.
iii. Processing.
iv. Evidence.
v. Meeting/Briefing Rooms.
b. Dispatch.
c. Fire.
i. Shared Spaces.
ii. Engine Bays.
iii. Sleeping Rooms.
d. Community Center/Training Rooms (EOC in Emergencies). e. Site.
3. Structured Cabling
a. Structured cabling will be the backbone infrastructure for most of the technology systems. Provide the following project scope:
i. Furnish and install a Structured Cabling System, including installing patch cables at both ends.
ii. Install new work area cabling.
iii. Mount the access points. Access points are provided by the Owner, including standard manufacturer’s mounting brackets. Contractor is responsible for any specialty mounting brackets and all final mounting.
iv. Furnish and install network cabinets in the Telecom Rooms (MDF and IDFs). v. Furnish and install cabling pathway, in the form of metal conduits, raceways, basket tray and ladder racks.
vi. Basket tray and ladder racks in the MDF and IDFs are by the Structured Cabling & Security Systems Contractor.
vii. Where Police and Fire are separated into two buildings, provide underground conduit pathway between the MDF in one building and an IDF in the adjacent building.
1. Also provide conduit pathway between Police Station and the Enclosed Vehicle Storage.
viii. Provide patch cables to Owner.
ix. Provide contractor’s one-year parts-and-labor warranty. x. Provide Structured Cabling System manufacturer’s 25-year warranty. xi. Provide five-year manufacturers’ warranties for security equipment, fire alerting/paging, and A/V systems.
xii. Provide labeling.
xiii. Provide cable testing.
xiv. Provide telecommunications bonding & grounding within MDF and IDFs. xv. Provide as-built documentation and manuals.
xvi. Complementary electrical work
1. The project Electrical Contractor will provide deep electrical back boxes in walls, with conduit to above ceiling.
a. Provide protective bushings on conduit ends.
b. Where conduit is adjacent to an area that is exposed to structure above, extend conduit to an area above an accessible ceiling.
c. Provide 1” minimum conduit. Provide 1” conduit for up to 6 x Cat 6a cables.
Provide conduit sized for 40-percent fill rate for more than 6 cables. d. Provide separate 1 ¼” conduit for A/V locations.
2. Provide conduit sleeves into all rooms. Provide 3 x 1-1/2-inch EMT conduits into inhabited rooms. Provide 1 x 1-1/2-inch EMT conduit into storage and mechanical/electrical rooms. Provide protective bushing on both ends of conduits. Anchor conduits to wall structure. Grout conduit to wall. Structured Cabling and Security System Contractor to provide firestopping after cable installation.
3. Provide 500-pound pull string in all conduits.
4. Provide power outlets for Power Distribution Units in network cabinets, and Uninterruptible Power Supply (UPS) units. Provide single-phase and multi-phase power, as required.
5. Power to electrical circuits and mechanical cooling units serving network rooms (MDF and IDFs) shall be on emergency circuits, linked to an emergency power source.
6. Oversize neutral wiring for all power circuits serving network rooms and serving all data outlets. The purpose is to prevent harmonics.
7. Provide dedicated circuits for network room (MDF/IDF) and for A/V locations.
8. The Structured Cabling & Security Systems Contractor to provide additional conduits and raceways required to perform its work.
9. Provide building grounding and bonding as required.
a. Provide grounding and bonding as noted in technical requirements. b. Specific technical requirements
i. Adequate network (and telecommunications) rooms
1. Main Network Room (Main Data Frame - MDF)
a. Minimum size 500 square feet (19’W x 26’L)
b. Space for up to 10 lockable network cabinets
c. Locate MDF in Police area or in Share Services area. i. Where Police building is separate from the Fire building, locate the MDF in the Police building.
d. Verify room fire rating with Authority Having Jurisdiction. e. Electrical subpanel in room
f. Freestanding Uninterruptible Power Supply (UPS) battery backup – approximately 10-15kVA
i. Electrical contractor to provide direct power circuit to UPS. g. Telecommunications Main Grounding Busbar (TMGB), attached to nearest building ground or electrical power.
i. Connected to main building ground or to building ground bar in nearest electrical panel (by Electrical Contractor).
ii. Telecommunications Bonding Backbone between MDF and IDF (by Electrical Contractor).
iii. Grounding bus bar in cabinets
iv. Bond all hardware components, cabinets, and ladder rack to the TMGB v. Test bonding differential between hardware components and the building ground with two-point testing.
h. Freestanding air conditioning unit, sizing based on network equipment power requirements.
i. Thermostat in room.
i. Fire suppression in room
i. Dry pipe (minimum).
ii. Or FM2000 system (inert gas).
1. Requires room, openings, doors, and conduit sleeves to be fully sealed.
j. 4-foot clearance on front, back, and the aisle side of each row of network cabinets
k. Network cabinets 32” W x 44” D x 84” H, with lockable, ventilated front and back doors.
i. Seismic-rated cabinets with seismic supports.
ii. Fan kit.
iii. Horizontal cable managers – 6 per cabinet.
iv. Vertical cable managers – 4 per cabinet (2 in front and 2 in back of each cabinet).
l. 2 Power Distribution Units (PDUs) per cabinet.
i. Provide 2 x 30A metered PDUs with 2 x 20A circuits per PDU. m. 18-inch-wide ladder rack, running from sleeves in walls to above rows of network cabinets.
n. Vertical cable management at vertical cable runs within the room, including sleeves through wall and roof deck.
o. No ceiling required in MDF.
p. Fire retardant treated plywood backer board on one full wall.
2. Battery Room
a. Houses batteries for UPS and Radio systems
b. Minimum size 115 square feet (9’-6” W x 12’ L).
c. 1-hour (minimum) rated wall around battery room. Verify fire rating with the Authority Having Jurisdiction.
d. Adjacent to MDF.
e. Adjacent to outside wall
i. Provide positive ventilation to the outside, to prevent fumes from battery acid from entering other spaces in the building.
3. Intermediate Network Room (Intermediate Data Frame - IDF) a. Provide at least one IDF for the complex. If the longest proposed cabling run from the MDF or IDF to any data location exceeds 250 feet, provide a second IDF.
i. Provide one IDF for the Fire Station.
ii. Provide one IDF for the second floor of the Police Station. iii. Verify cabling distance from MDF to the far corner of the Police Station first floor, using the hallway for the path. If the distance to farthest first- floor data location is greater than 250 feet, provide an IDF on the first floor, in the Police area.
b. Minimum size 115 square feet (9’-6” W x 12’ L).
c. Space for up to 2 lockable network cabinets.
d. Verify room fire rating with Authority Having Jurisdiction. e. Electrical subpanel nearby.
f. UPS battery backup in racks: 3-5 kVA each.
g. Telecommunications Grounding Busbar (TGB), attached to nearest building ground or electrical power.
i. Connected to main building ground or to building ground bar in nearest electrical panel (installation by Electrical Contractor). ii. Telecommunications Bonding Backbone (TBB) between MDF and IDF(s).
TBB by Electrical Contractor. Size per requirements local building code and the authority having jurisdiction.
h. Freestanding air conditioning unit, sizing based on network equipment power requirements. Unit may be ceiling mounted.
i. Thermostat in room.
i. Fire suppression in room.
i. Dry pipe (minimum).
j. 4-foot clearance on front, back, and aisle side of network cabinets. k. Network cabinets 32” W x 44” D x 84” H, with lockable, ventilated front and back doors.
i. Seismic-rated cabinets with seismic supports.
ii. Horizontal cable managers – 6 per cabinet.
iii. Vertical cable managers – 4 per cabinet (2 in front and 2 in back of each cabinet).
l. 2 Power Distribution Units (PDUs) per rack. Size PDUs per power load requirements.
m. Ladder Rack in IDF provided by Structured Cabling and Security Systems contractor.
n. Vertical cable management at vertical cable runs within the room o. Fire retardant treated plywood backer board on one full wall c. Basket Tray
1. Provide 18-inch-wide wire basket raceway through main circulation hallways.
Path shall originate at the MDF and IDF(s).
a. Where basket tray is exposed to view, color coating of tray shall match painted color of exposed elements.
d. Conduit between buildings
1. Provide 3 x 4” PVC conduits.
2. Provide #12 copper trace wire. Bond trace wire to MDF TMGB or IDF TGB at both ends.
3. Provide 1200-pound pull tape in conduits.
4. Provide caps at both end of unused conduits.
5. Provide seismic expansion joint for conduit runs.
6. Total bends shall not exceed 270 degrees.
7. Minimum conduit depth – 2 feet.
e. Cabling requirements for other areas
i. 1 pair of 2 data locations on opposite walls per office for a total of 2 pairs of 2 data locations per office.
ii. 2 data locations (jacks) per wireless access point. iii. 1 pair of wall data locations on opposite walls of conference room for a total of 2 pairs of wall data locations per conference room. 4 data jacks on biscuit jack above ceiling, for audio-visual and wireless.
iv. 1 pair of data locations in storage rooms (futureproofing). v. 48 data locations in the Training/Community Room/EOC. vi. 1 pair of data locations in each firefighter’s sleeping room, near the desk area. vii. 1 data location for each clock location.
viii. 1 pair of data locations to the back of each flat panel or projector. ix. 1 data location to video surveillance cameras.
x. 1 data location to each door access location.
xi. 1 data location to each door intercom location.
xii. 1 data location to each speaker location (confirm cabling type with Fire Alert/Paging System manufacturer/vendor).
xiii. 1 data location to each building automation system controller. xiv. 1 data location to each lighting/environment control location. f. Cabling technical requirements
i. Category 6a Ethernet cabling (reduced diameter preferred, if available from cabling manufacturer).
ii. Recommended manufacturers
1. Belden
2. CommScope
3. Hubbell
4. Panduit
iii. Single mode OS2 fiber between telecom rooms.
1. Provide cabling with armored jacket
iv. Rack-mounted fiber enclosures.
v. Fusion spliced fiber pigtails.
vi. Basket tray in corridors above ceiling.
vii. J-Hook supports above accessible ceilings, spaced 4 to 5 feet on center. viii. Conduits above inaccessible ceilings (min. 1”). Size conduit to maintain minimum 40- percent rate.
ix. Provide firestopping at sleeves. Caulk both sides of conduit. x. 40 percent fill rate for conduits and sleeves.
xi. Patch cables
1. Provide 1 x 10’ patch cable at workstation or device end.
2. Provide 28-gauge 1 x 3’ patch cable at patch panel end.
3. Verify patch cable lengths with Owner prior to ordering.
4. Patch cable color chosen by Owner.
xii. Label both ends of cable, within 6” of end. Also label at workstation and patch panel. xiii. Label cable at major cabling routes.
xiv. Test Category 6a and fiber per industry standards. xv. Provide firestopping at all openings through walls and floors. xvi. Provide weather stopping at exterior openings.
4. Telecommunications Systems
a. Voice-over-IP (VoIP) telephone system to be provided by Owner. b. Telephone system will run on the same Category 6a cabling as the data equipment. c. Provide wall space in MDF for telecom service provider’s entrance facility equipment. i. Bond telephone vendor equipment to the room main telecommunications bonding bus bar.
d. Provide space in equipment cabinet for VoIP routers, call managers, and voice mail servers.
i. Owner will determine the cost-effectiveness of a cloud vs. on-premises solution. e. Telecommunications Entrance Facilities
i. Provide two sets of conduit pathways to separate locations at the edges of the project site.
1. Ideally, the separate locations shall be on two different sides of the property. At minimum, the locations shall be separated by at least 100 feet along the property line.
a. Provide 3 x 4” IMC conduits to each location
b. Provide 24” x 36” x 24” deep hand hole to each cable location, at the property line, with cover rated for the surface conditions.
i. Provide tamper-resistant bolts for cover.
ii. Provide pull bar tool to the Owner.
2. Pathways will provide independent pathway for two potential Internet Service Providers.
3. 1 of the conduits at each location will allow separate cabling route for Dispatch Call Center telephone system vs. cable serving the rest of the facility.
4. Dispatch telephone and communications systems shall be in a separate locked cabinet (or locked cabinet section) from the rest of the network and telecommunications equipment.
5. Network Switching.
a. Equipment provided and installed by the Owner.
1. The exception will be video surveillance camera switching, which will be provided by the video surveillance vendor.
b. PoE+ Switches (PoE++ switches or power injectors for multisensor exterior cameras with infrared capacity).
c. 10 Gb backbone SFP+ modules over single-mode fiber.
d. CJIS-mandated separation between police information and the City’s network. e. The Owner will provide power requirements for the specification of power, cooling equipment, and battery backup for the network rooms.
f. Where possible, network and server equipment will have dual power supplies. One power supply will be connected by PDU directly to building power circuits. The second power supply will be connected by PDU to UPS power circuits.
6. Wireless.
a. Equipment provided by City and installed by low-voltage contractor. b. 802.11ax standard.
c. Design for both full coverage in all interior and exterior areas, and density in meeting areas.
d. PoE+.
e. Enclosures for securing and protecting wireless in public and exterior locations. f. Secure wireless for staff.
7. Audio/Visual Systems.
a. Community Room
i. Per Assistant City Manager, displays shall be easy to use, requiring minimal technical skills for anyone who uses them.
ii. 7,000 to 8,000-lumen laser projector, ceiling-mounted.
1. Provide projector mounting accessories and pendant pole, if required.
iii. 130” to 140” 16:9 motorized projector screen. Ceiling or wall mounted. Electrical Contractor to provide power and control wiring.
1. Provide screen material with minimum 65-percent Ambient Light Rejection (ALR). iv. Provide digital controls through a touch panel screen on the wall. v. Digital control equipment housed in main telecom room (MDF). vi. Provide speakers mounted in a grid spaced at approximately two times the ceiling height.
b. Provide flat panel displays for meeting rooms.
i. Provide flat panel displays for other meeting rooms, sized for 4 times the height of the display to farthest point in the room. Maximum size for flat panel – 86 inches. c. Provide an AV outlet location near each display or projector, so staff member or guest can plug in an HDMI connector to display on flat panel. i. Provide a signal send and receive extenders, if the cable length, including patch cables, will be more than 10 feet from the A/V outlet to back of the display or projector.
d. The display shall have a wireless connection as well. PC laptops, Mac laptops, or Chromebooks shall be able to access the display wirelessly. e. Where any room has more than one display, the contractor shall provide switchers so that all displays in the room can be accessed by both one HDMI connection and one wireless connection.
f. Provide network cable to back of each display or projector, to broadcast emergency announcements.
8. Security Systems
a. Provide the following security systems:
i. Video surveillance
ii. Access control
iii. IP door intercom
b. Video Surveillance System – Need to work with City’s preselected vendor. i. Scope of work
1. Furnish and install a complete video surveillance system.
2. Provide full camera coverage from at least one camera, for all of the following:
a. Exterior site, parking lots, sidewalks, entrances, driveways, and equipment bay doors.
b. Lobbies.
c. Reception area.
d. Hallways.
e. Processing.
f. Holding area.
g. Interrogation room (including audio)
i. Link audio-visual feed to interview recording system.
h. Holding cell.
i. Public meeting room.
3. Coordinate structured cabling installation for video surveillance with Structured Cabling.
4. The acquisition will include video surveillance cameras and equipment, mounting brackets, video surveillance cameras, network video recording equipment, structured cabling, copper patch cables and any necessary management software with associated hardware. This system is an IP-based, all-digital system. This must be a turnkey solution. No other third-party equipment purchases shall be required for complete implementation of the video surveillance system. Cabling from telecommunications closets to each video surveillance camera location will be the responsibility of the contractor.
5. The contractor shall be responsible for providing and installing all new video surveillance data cabling as indicated on the contract documents for a complete installation. Additionally, this contractor shall be responsible for installing and patching cabling at both ends for all new video surveillance devices.
6. The contractor is to furnish and completely install the specified faceplates, jacks, patch panels, cable, raceway components, and machine-printed labeling required for a complete installation.
7. Typical video surveillance telecommunications outlets will be comprised of one (1) UTP cable terminated within a plenum-rated, dual-port, surface-mount box equipped with one (1) 8-pin and 8-contact jack, and one (1) blank module. Where the camera is mounted on an accessible ceiling, or an accessible ceiling is near the cabling pathway, the contractor is to coil 15 feet of additional cable at each video surveillance access-point drop location for future relocation. a. In areas with exposed structure or wall-mounted locations, cable shall be field terminated, and feed directly to data outlet on the video surveillance camera.
No patch cable is required at the camera end.
b. Provide Category 6a cabling of manufacturer and type to match data cabling
8. Within each wiring room, the UTP cables will be terminated on new 24-Port and/or 48-port, UTP patch panels mounted in new equipment racks/cabinets.
Provide patch panel specified within the Products section of this specification.
9. UTP Patch Cords shall be provided by the contractor. Contractor to provide patch cords as specified within the Products section of this specification.
Contractor shall be responsible for installing and properly dressing patch cords at video surveillance device/work area locations and at the telecommunications wiring room.
10. The contractor shall furnish all labor and materials to install the new pathways as required for a complete installation. Cabling will be routed from the video surveillance drop location to the respective wiring room through plenum ceiling spaces. Overhead routing of cables is to be supported within J-hooks, cable basket tray, ladder rack, or conduit as required, rated for the cabling secured to the structure above. New J-hooks shall be installed 4 to 5 feet on centers along the cable path up to each video surveillance drop location.
11. The contractor shall be responsible to provide and install all required metal conduit sleeves for a complete installation. Contractor shall firestop all penetrations through floors and fire-rated walls that have been utilized for the installation of this new cabling system under this contract.
12. The contractor is to perform test and certification of the newly installed cabling system and is to provide test result documentation certifying that the cabling system meets industry standards.
13. The contractor shall furnish to the Owner legible record “As-Built” documents which reflect any changes made to the design during the installation. ii. Key components of the video surveillance system
1. Video surveillance cameras – indoor and outdoor
2. Network video recorder
3. Monitors
4. Network video surveillance switches
5. Mounting brackets and accessories
6. Installation
7. Project completion documents and training
iii. Camera requirements
1. IP-based cameras
2. Dynamic Wide Range (or Avigilon Lightsensor Technology)
3. H.264/MJPEG Compression
4. Up to 30 frames per second
5. ONVIF/PSIA/CGI/ISAPI Compliant
6. 5-year Manufacturer’s Warranty
7. IP66 Weather Resistant (outdoor cameras)
8. Vandal-resistant housing
9. Infrared option for exterior cameras
iv. Camera types
1. Standard PoE IP camera – dome style, single lens
a. For general-purpose cameras
b. Interior and exterior styles
c. Interior: 5 MP
d. Exterior: 8 MP
2. Mini Dome PoE IP Camera – dome style, single lens
a. For high-design areas
b. Interior: 5 MP
c. Exterior: 5 MP
3. Dual-head PoE Camera – dome style
a. For corridors
b. Interior or Exterior: 6 MP for combined lenses
4. Multisensor PoE IP Cameras
a. For areas where one camera should provide multiple camera views, like the parking lot, driveways, or equipment bays
b. 180-degree, 270-degree, and 360-degree coverage models c. Interior: 5 MP per sensor
d. Exterior: 8 MP per sensor
5. Fisheye PoE IP Cameras
a. For areas requiring multiple camera views in a smaller interior space, like the lobby or public meeting room.
b. Interior: 12 MP
6. Camera mounting options
a. Surface mounted
b. Surface mounted (vertical)
c. Recessed (interior only)
d. Pendant pole mounted
e. Pendant corner mounted
v. Analytics
1. Provide a system with embedded analytics preferably at the camera level
2. Sample of desired analytics
a. Classified Object Types (for Appearance Search)
i. People
1. Male/Female
2. Adult/Child
3. Hair Color
4. Shirt Color
5. Pants Color
ii. Vehicle
1. Sub-characteristic: Car, Truck, Bus, Motorcycle, or Bicycle
2. Vehicle Color
b. Analytics Events
i. Object in Area
ii. Object Loitering
iii. Objects Crossing Beam
iv. Object Appears or Enters Area
v. Object Not Present in Area
vi. Objects Enter Area
vii. Objects Leave Area
viii. Objects Stop in Area
ix. Direction Violated
x. Tamper Detection
c. Teach by Example capabilities
vi. Sizing parameters for the network video recorder:
1. Provide a network video recorder capable of handling 35 days of video recordings at full camera resolution and one year of video recordings (per State of California requirements) at the highest secondary resolution of each camera.
2. Assume camera will not record when there is no motion in the field of view, for average recording time of 8 hours per camera.
3. Assume 15 Frames per Second (FPS) average per camera, with 10 FPs minimum per camera.
4. Image compression: H.265 HDSM SmartCodec, H.264 HDSM SmartCodec, MJPEG.
5. Contractors to submit network video recorder sizing with proposals. c. Access Control – Need to work with City’s preselected vendor. i. Furnish and install an Electronic Access Control, including installing all connections necessary to make the system functional.
ii. Install cabling required for the access locations shown on the contract document.
1. Furnish and install cabling pathway, in the form of metal conduits, raceways, basket tray and ladder racks
2. Ensure that all pathway is provided to connect equipment together. Coordinate with the electrical contractor.
3. Provide additional pathway required but not specifically noted on the Electrical contract documents to ensure a complete installation.
4. Comply with local building code for requirements for conduit or other protection electronic access control cabling.
5. Ensure that all Electronic Access Control cabling is concealed from view. iii. Mount the door access, door contact, and controller equipment. Contractor is responsible for final mounting, including any required mounting accessories.
1. Provide door access hardware compatible which each installation.
2. Coordinate access control reader types with door and door hardware suppliers.
3. Conceal controller equipment out of view in all locations. With many exposed wall and ceiling conditions, this will require coordination. Provide extra cabling where required to locate the controllers in concealed locations. iv. Configure zones as directed by the City. At a minimum, zones shall include:
1. Police
a. Lobby.
b. Offices.
c. Processing.
d. Evidence.
e. Meeting/Briefing Rooms.
2. Dispatch
3. Fire
a. Shared Spaces and Engine Bays.
b. Sleeping Rooms.
4. Community Center/Training Rooms (EOC in Emergencies). v. Provide system testing.
vi. Provide training for Police/Fire staff on the operation of the new system. vii. Provide as-built documentation and manuals.
viii. Provide door contact warnings for doors that are propped open. ix. Note: Intrusion detection (burglar alarm) is not specified for this facility because of its 24-hour occupancy.
d. IP Door Intercom – needs to integrate with existing Avtec consoles. i. IP Network Compatible Video Intercom System: A network-based communication and security system featuring video entry security, internal communication,
emergency stations, and paging. All units and app in the systems shall be able to unlock doors remotely on a network, assist onsite visitors from an offsite location, broadcast emergency announcements, and communicate using a PoE network.
1. Power Source: Power over Ethernet (802.3af).
2. Network Interface: 10 BASE-T / 100 BASE-TX Ethernet (RJ-45).
3. Network Protocols: IPv4, IPv6, TCP, UDP, SIP, HTTP, HTTPS, MJPEG, RTSP, RTP, RTCP, IGMP, MLD, SMTP, DHCP, NTP, DNS.
4. Bandwidth Usage:
a. G.711: 64Kbps x 2 per video call.
b. 64Kbps per monitor.
c. H.264: 24Kbps ~ 2,048Kbps.
5. Communication: Hands-free (VOX), push-to-talk (simplex), or handset (full- duplex).
6. Video Display on the Avtec console screen: 7-inch color LCD.
7. Camera: Type:
a. 1/3-inch color CMOS. 1.23 Megapixels.
b. View Area at 0-degree camera angle mounted at 4 feet 11 inches (1500 mm) AFF: 2 feet 3 inches (700 mm) vertical x 3 feet 9-inch (1150 mm) horizontal at 19 inches (500 mm).
8. Video Stream: ONVIF Profile S.
9. Door Release: Programmable Form C dry contact, 24V AC/ DC, 500mA (use RY- 24L for larger contact rating, which requires 24V DC power supply) or use RY- IP44 with 4 multipurpose relays.
10. Wire Type: Cat 6a, of same manufacturer and type as data cabling.
11. Distance:
a. Any station to Network Node: 90 meters.
ii. System design
1. Master Station(s): Provide 1 master station.
2. Audio Video Door Stations: Provide Audio Video door stations at locations designated by the architectural drawings. Stations shall by surface mounted, and capable of hands-free operation.
3. Provide Selective Door/Gate Release. Provide door release where required.
Provide gate release for gates in locations shown on architectural drawings. Tie all Door/Gate releases into access control system.
4. Provide Audio/video streaming via ONVIF Profile S.
5. Provide ONVIF Profile S camera input (max 500).
6. Provide connection to overhead paging.
7. Provide Contact input at door station.
iii. Installation
1. Examination
a. Examine areas to receive integrated security and communication system. b. Notify Architect of conditions that would adversely affect installation or subsequent use.
c. Do not begin installation until unacceptable conditions are corrected.
2. Preparation
a. Verify the following compliance before starting installation. b. The unit turns inoperative during power failure.
c. Keep the intercom wires at least 1 foot (30 cm) away from strong electrical wiring (AC 100-240 V) including, in particular, wiring for inverter electrical appliances. Noise and malfunction could result.
d. If a strong light shines on the main unit screen, the picture may turn white or only silhouettes will be visible.
e. Other manufacturer's devices (such as sensor, detectors, door releases) used with this system, comply with the manufacturer's installation requirements.
3. System Installation
a. Install integrated security and communication system in accordance with manufacturer's instructions at locations indicated on the Drawings. b. Mount equipment plumb, level, square, and secure. For video entrance stations and video door stations, comply with manufacturer's design requirements to provide optimum picture quality of station monitoring.
4. Set-up and Adjusting
a. Adjust integrated security and communication system for proper operation in accordance with manufacturer's instructions.
5. Demonstration and Training
a. Demonstration:
i. Demonstrate that integrated security and communication system functions properly.
ii. Perform demonstration at final system inspection by qualified representative of manufacturer.
b. Instruction and Training:
i. Provide instruction and training of Owner's personnel as required for operation of integrated security and communication system. ii. Provide hands-on demonstration of operation of system components and complete system, including user-level program changes and functions. iii. Provide instruction and training by qualified representative of manufacturer.
9. Radio Systems
a. Provide rooftop support frames for horizontal radio structure. i. Provide 4 sets of rooftop supports, with a total of 4 x 3 support penetrations = 12 support penetrations.
1. A sketch of the proposed rooftop support frame is included as Exhibit A.
2. Provide physical separation of at least 12’ between rooftop support frames. a. Suggested locations are at the corners for the roof. ii. Each rooftop support must be bonded to the building ground system. b. Provide 2 x 2” IMC conduit penetrations through roof for cabling, each with a weather- resistant cable entry port. Provide 4 sets of conduit penetrations for a total 8 conduit penetrations.
i. Extend conduit directly to the main telecom room (MDF).
1. Provide firestopping where conduit penetrates walls.
2. Conduit shall terminate above cable tray in the main telecom room (MDF). ii. Cap unused conduits with a weather-resistant cap.
iii. Provide weather-stopping material to seal conduit where cabling is installed. c. Provide 3 network cabinets for radio system in main network room (MDF). Note: these 3 network cabinets are included in the count for the 10 network cabinets listed for the MDF.
d. Bi-directional Antenna System
i. The Owner’s radio vendor has determined that a bi-directional antenna system should not be required for the facility due to its proximity to the existing antenna tower.
1. Verify the signal strength with tests throughout the facilities at the following times:
a. After the building(s) are under roof.
b. After walls are installed.
ii. Also, the facility will most likely not need an interior small cell network for cellular coverage because of its proximity to the existing antenna tower. Contractor shall test cellular telephone signals at the beginning of interior buildout and end of buildout, to verify that these signals extend throughout the facilities. Provide small cell signal only if there is a major loss of signal within the facility. Contractor shall coordinate with major cellular carriers, to minimize interference between the small cell network and the carriers’ existing networks.
1. The small cell network, if required, will utilize some of the second Category 6a cables provided for the wireless access points.
2. No additional cabling or pathway is required to small cell locations within the building.
3. If required, the small cell carrier will utilize one of the 4” conduit pathways into the main telecom room (MDF) for building service.
10. Fire Alerting/Paging System
a. Segment the Paging System between Police, Fire, and Community areas. – Currently Police has their radio traffic played over the building speakers. i. Provide additional zones within each area, as directed by the Owner. ii. Include a zone for exterior paging.
iii. Provide one Fire Alert/Paging Control Unit for Police Station building and one Control Unit for Fire Station building.
b. Fire Alert Features
i. CAD (Computer-Aided Dispatch) Text-to-Speech
1. Turn text into human-like voice announcements over fire station’s audio system and the dispatch radio channel.
ii. Multi-CAD Support
1. Receive input from multiple CAD systems simultaneously. iii. Dispatch Co-Habitation
1. Reduce hardware at the dispatch station with co-habitation on dispatch radio consoles.
iv. Dual Link Connection
1. Sending alerts over both wireless and wired links simultaneously significantly improves the reliability of the alerting system.
v. Multiple Levels of System Redundancy
1. Provide mission-critical reliability with local or geographically separated redundant servers.
vi. Acknowledgement
1. Receive a positive acknowledgment at dispatch that the alert was successful. vii. Accountability
1. Automatically log and time stamp all system events, alarms, and dispatch operator actions for post analysis.
viii. System Health Monitoring
1. Know the status of bay doors and the health of the station alerting equipment. ix. Fire Station Automation and Control
1. Automatically open bay doors, turn off appliances, control traffic lights, and activate exhaust systems.
x. Station Controller / Intrusion Detection
1. Receive an alert when the Station Controller is accessed. xi. Remote Monitoring
1. Monitor and control the fire station security from the dispatch center while the station is empty.
xii. Incident Display Board
1. Responders can see critical incident information as they gear up. xiii. LED Lighting
1. Ramp lighting and change colors to alert types.
xiv. Ramped Alert Tones.
1. Reduce firefighter and EMT stress.
xv. Bunkroom Zone Alerting.
1. Activate lights and tones in select areas to alert only those required for the response.
xvi. Custom Alert Tones
1. Set custom alert tones by type of alert.
xvii. Turnout Timer
1. Show seconds remaining with a wall-mounted count-down timer. c. Typical speaker point locations will be comprised of ceiling mount back box to be anchored to wall or building structure.
i. For locations with accessible ceiling area
1. Contractor is to coil 15 feet of additional cable at each access-point drop location for future relocation.
2. Provide data jack anchored to structure above ceiling
3. Provide patch cords
ii. For surface-mounted locations to exposed structure
1. Provide cable slack of 5 feet at network room end
2. Coil any unused speaker cable locations inside the speaker back box. d. Installation location – The Fire Alert/Paging System core and amps shall be in the main telecom room (MDF) for the building. Speakers shall be located throughout the building installed in a combination of accessible ceilings, drywall ceilings, and exposed structure, as shown on architectural drawings. Some of the outside/external speaker horns shall be installed on the surface of the building or pole mounted. i. Locate speakers at a horizontal distance between speakers of two times the ceiling height.
ii. Exterior speakers shall provide full coverage of the site without extending sound into adjacent property. Utilize landscaping to minimize sound transmission. e. The following are the installation notes for the Fire Alerting/Paging System:
i. Coordinate installation of proposed system with Construction Manager ii. Install proposed cable for proposed system. Conceal cabling either above accessible ceilings or in conduit or raceway. Basket tray is also an acceptable method of concealing cable.
iii. Install/mount proposed speakers per manufacturer specifications to back boxes provided by Structured Cabling and Security Systems Contractor. iv. Connect speakers to cable.
v. Install speaker grill cover.
vi. Install/Mount Control Unit as proposed.
vii. Install/Mount Power Supplies as proposed.
viii. Connect Control Unit to Telephone System using paging port. ix. Coordinate with Owner and telephone system vendor.
x. Program proposed Fire Alert/Paging System as needed up to 20 zones.
xi. Coordinate with the selected telephone system provider to connect the paging system to the telephone system.
1. Test Public Address Paging system access through the telephone system.
2. Program proposed Fire Alert/Paging System (if necessary) to allow access to all Zones by the Telephone system.
xii. Coordinate with the system used by Dispatch, to allow that system to connect to paging for emergency announcements.
1. Test the Public Address Paging system’s access through the Dispatch telephone system.
xiii. Address any performance issues with the installed system. xiv. Provide as-built documentation and manuals.
'(
7 $
,
/
$
'(
7 $
,
/
%
'(
7 $
,
/
&
3$
5 7
6
/
,
6 7
1(
7
:
7
81 ,
7
:
7
/(
1 *
7 +
3$
5 7
'
(
6 &
5 ,
3 7
,
2 1
3$
5 7
1 2
47 <
,7
(
0
7$
/
/
%
$
6 (
:
(
/
'
0 (
1 7
)
2 5
7 3
2 1
(
6 (
&
7 2
5
7 5
,
3 2
'
;
7 3
6+
2 5
7
%
$
6 (
:
(
/
'
0 (
1 7
)
2 5
7 3
2 1
(
6 (
&
7 2
5
7 5
,
3 2
'
;
7 3
L
Q
2
'
;
6 &
+
*
$
/
9 $
1 ,
=
(
'
3 ,
3 (
3
L
Q
[
6 &
+
*
$
/
$
9 $
1 ,
=
(
'
3 ,
3 (
3
L
Q
&5
2 6
6 2
9 (
5
3 /
$
7 (
6&
;
&/
$
0 3
+
$
/
)
[
6&
3
;
;
;
8
%
2 /
7
+
'
*
;
8 %
;
;
;
8
%
2 /
7
+
'
*
;
8 %
L
Q
[
+
'
*
+
(
;
%
2 /
7
*
5
)
8 /
/
7 +
5 (
$
'
*
L
Q
+
'
*
8 6
6
)
/
$
7 :
$
6 +
(
5 *
)
:
L
Q
+
'
*
/
2 &
.
:
$
6 +
(
5 *
/
:
+
'
*
+
(
$
9 <
+
+
(
;
1 8
7 *
1 8
7
$
%
&
'(
6 &
5 ,
3 7
,
2 1
'5
$
:
,
1 *
8 6
$
*
(
&
+
(
&
.
(
'
%
<
(1
*
$
3 3
5 2
9 $
/
'5
$
:
1
%
<
':
*
1 2
&3
'
1 2
&(
.
2)
%0
&
73
3(
1 (
7 5
$
7 ,
1 *
5 2
2 )
7 2
3
0 2
8 1
7 :,
7 +
)
$
&
(
&8
6 7
2 0
(
5 73
&/
$
6 6
6 8
%
3$
5 7
1 2
3$*(
72 /
(
5 $
1 &
(
6
2 1
'
,
0 (
1 6
,
2 1
6
8 1
/
(
6 6
2 7
+
(
5 :
,
6 (
1 2
7 (
'
$
5 (
6$
:
(
'
6 +
(
$
5 (
'
$
1 '
*
$
6
&
8 7
(
'
*
(
6
'5
,
/
/
(
'
$
1 '
*
$
6
&
8 7
+
2 /
(
6
1 2
&
2 1
,
1 *
2 )
+
2 /
(
6 /$
6 (
5
&
8 7
(
'
*
(
6
$
1 '
+
2 /
(
6
1 2
&
2 1
,
1 *
2 )
+
2 /
(
6 %(
1 '
6
$
1 '
$
1 *
/
(
6
$
5 (
'
(
*
5 (
(
$/
/
2 7
+
(
5
0 $
&
+
,
1 ,
1 *
$/
/
2 7
+
(
5
$
6 6
(
0 %
/
<
72 /
(
5 $
1 &
(
1 2
7 (
6 35
2 3
5 ,
(
7 $
5 <
1 2
7 (
7+
(
'
$
7 $
$
1 '
7 (
&
+
1 ,
4 8
(
6
&
2 1
7 $
,
1 (
'
,
1
7 +
,
6
'
5 $
:
,
1 *
$
5 (
3 5
2 3
5 ,
(
7 $
5<
,
1 )
2 5
0 $
7 ,
2 1
2 )
9 $
/
0 2
1 7
,1
'
8 6
7 5
,
(
6
$
1 '
&
2 1
6 ,
'
(
5 (
'
$
7 5
$
'
(
6 (
&
5 (
7
$
1 <
8 6
(
2 5
'
,
6 &
/
2 6
8 5
(
:
,
7 +
2 8
7
7 +
(
&
2 1
6 (
1 7
2 )
9$
/
0 2
1 7
,
1 '
8 6
7 5
,
(
6
,
6
6 7
5 ,
&
7 /
<
3 5
2 +
,
%
,
7 (
'
(Q
J
L
Q
H
H
U
L
Q
J
6X
S
S
R
U
W
7 H
D
P
YD
O
P
R
Q
W
/R
F
D
W
L
R
Q
V
1H
Z
<
R
U
N
1 <
$W
O
D
Q
W
D
*
$
/R
V
$
Q
J
H
O
H
V
&
$
3O
\
P
R
X
W
K
,
1 6D
O
H
P
2 5
'D
O
O
D
V
7 ;
7D
P
S
D
)
/
;;;
;;;25
;
;
2 5
$1
7 (
1 1
$
0 2
8 1
7 ,
1 *
3 ,
3 (
6 62
/
'
6 (
3 $
5 $
7 (
/
<
72 7
$
/
:
7
([
K
L
E
L
W
$
6(
&
7 ,
2 1
'
'
''
'(
6 &
5 ,
3 7
,
2 1
'5
$
:
,
1 *
8 6
$
*
(
&
+
(
&
.
(
'
%
<
(1
*
$
3 3
5 2
9 $
/
'5
$
:
1
%
<
':
*
1 2
&3
'
1 2
&(
.
2)
%0
&
73
3(
1 (
7 5
$
7 ,
1 *
5 2
2 )
7 2
3
0 2
8 1
7 :,
7 +
)
$
&
(
&8
6 7
2 0
(
5 73
&/
$
6 6
6 8
%
3$
5 7
1 2
3$*(
72 /
(
5 $
1 &
(
6
2 1
'
,
0 (
1 6
,
2 1
6
8 1
/
(
6 6
2 7
+
(
5 :
,
6 (
1 2
7 (
'
$
5 (
6$
:
(
'
6 +
(
$
5 (
'
$
1 '
*
$
6
&
8 7
(
'
*
(
6
'5
,
/
/
(
'
$
1 '
*
$
6
&
8 7
+
2 /
(
6
1 2
&
2 1
,
1 *
2 )
+
2 /
(
6 /$
6 (
5
&
8 7
(
'
*
(
6
$
1 '
+
2 /
(
6
1 2
&
2 1
,
1 *
2 )
+
2 /
(
6 %(
1 '
6
$
1 '
$
1 *
/
(
6
$
5 (
'
(
*
5 (
(
$/
/
2 7
+
(
5
0 $
&
+
,
1 ,
1 *
$/
/
2 7
+
(
5
$
6 6
(
0 %
/
<
72 /
(
5 $
1 &
(
1 2
7 (
6 35
2 3
5 ,
(
7 $
5 <
1 2
7 (
7+
(
'
$
7 $
$
1 '
7 (
&
+
1 ,
4 8
(
6
&
2 1
7 $
,
1 (
'
,
1
7 +
,
6
'
5 $
:
,
1 *
$
5 (
3 5
2 3
5 ,
(
7 $
5<
,
1 )
2 5
0 $
7 ,
2 1
2 )
9 $
/
0 2
1 7
,1
'
8 6
7 5
,
(
6
$
1 '
&
2 1
6 ,
'
(
5 (
'
$
7 5
$
'
(
6 (
&
5 (
7
$
1 <
8 6
(
2 5
'
,
6 &
/
2 6
8 5
(
:
,
7 +
2 8
7
7 +
(
&
2 1
6 (
1 7
2 )
9$
/
0 2
1 7
,
1 '
8 6
7 5
,
(
6
,
6
6 7
5 ,
&
7 /
<
3 5
2 +
,
%
,
7 (
'
(Q
J
L
Q
H
H
U
L
Q
J
6X
S
S
R
U
W
7 H
D
P
YD
O
P
R
Q
W
/R
F
D
W
L
R
Q
V
1H
Z
<
R
U
N
1 <
$W
O
D
Q
W
D
*
$
/R
V
$
Q
J
H
O
H
V
&
$
3O
\
P
R
X
W
K
,
1 6D
O
H
P
2 5
'D
O
O
D
V
7 ;
7D
P
S
D
)
/
'
,
$
7 <
3
PISMO BEACH PUBLIC SAFETY FACILITY
VOLUME 5
THE FOLLOWING DOCUMENTS/FILES ARE AVAILABLE FOR
DOWNLOAD UPON REQUEST:
- EXISTING CONDITIONS HISTORIC DRAWINGS
- EXISTING CONDITIONS HISTORIC DOCUMENTS AND REPORTS
- GEOTECHNICAL REPORT
- CAD FILES OF SITE PLAN
- POINT CLOUD MODEL OF GRAMMAR SCHOOL / OLD CITY
HALL BUILDING
•====
STUDIOS
7PMVNF
MJOLUPCFQSPWJEFE
Design-Build Proposal
for F & H Construction
& LDA Partners
City of Pismo Beach
New Public Safety Facility
2 March 2023
2 March 2023
Mr. Jorge Garcia
City of Pismo Beach
Management Services Division
760 Mattie Road
Pismo Beach, CA 993449
Reference: Pismo Beach Public Safety Facility
Dear Mr. Garcia:
On behalf of F&H Construction (F&H) & LDA Partners (LDA), we are pleased to submit the enclosed Design-Build Proposal for the New Public Safety Facility. In reviewing our information, we trust you will find the professionals we have assembled for your project are well-qualified and prepared to perform the full range of pre-construction and construction services contemplated within the City’s Request for Proposal. With our significant experience in public safety facilities, Design Build processes, as well as our insight into cost effective construction means and methods, we believe our team to be uniquely qualified for the City. We hereby acknowledge receipt of Addenda No. 1. Our team is made up of industry experts in the project type, design build, as well as a significant local presence. Our team can offer the City the best value for it’s project by combining our skill-set in:
• Extensive experience with similar public safety facilities, including Design Build facilities. • A proven track record of successful, planning, programming, and designing public facilities that are functional, programmatically correct, aesthetically pleasing, and serve the needs of its users, and constituents; On-time & within-budget • The projects we design are functional, with a high level of attention placed on the future Operations and Maintenance constraints. • Significant public facility Design Build Experience
We believe the experience of our Design-Build team are unmatched and our proposal exceeds all qualification criteria for this project. Our Design- Build Team has the specialized experience required for this project; a proven track record of successful completion of other projects of similar size and complexity within the local area; strength of the key personnel who will be dedicated to ensure the success of this project; creativity in development of a functional and well-planned methodology and strategic approach to accomplish our scope of work in a timely and competent manner; and readiness to utilize Building Information Modeling (“BIM”) to help identify potential design conflicts in advance so as to reduce and identify logistical site conflicts with material mobilization and/or labor concentrations.
Using our past Design Build experience, coupled with our one–on-one working approach, we feel our team and approach fosters trust, understanding, and helps ensure that City remain an integral part of the project team. By submitting our proposal to you, we are committing our team to the needs and priorities of Pismo Beach. We are prepared to commence work immediately upon award and to achieve all time and cost- related goals established by the City for this project. We trust that our proposal responds thoroughly to your Request for Proposal. We look forward to presenting our proposed approach to you personally.
Very truly yours,
Stephen Seibly, Vice President Eric Wohle, AIA, President F&H Construction LDA Partners, Inc.
Our statement of proposal is presented in the following order to assist in document organization and way finding. Each section begins with its respective tab.
I. D-BE Team Technical Design & Construction Expertise
II. Proposed Design and Design Approach
III. Base Project Pricing
IV. Proposal Pricing Enhancements
V. Project Management Plan
VI. Preliminary Baseline Design/Construction Schedule
VII. Life-Cycle Costs
Appendix Concept Drawings
I.
D-BE Team Technical Design
&
Construction Expertise
F&H CONSTRUCTION & LDA PARTNERS 1
I. D-BE Team Technical Design & Construction Expertise
TECHNICAL EXPERTISE IN DESIGN AND CONSTRUCTION SUMMARY
DESIGN EXECUTION
To date, the F&H and LDA have spent numerous hours reviewing and planning mitigation processes and concerns specific to this project and specifically the budget and how we can deliver the RFP requirements within that budget. Additionally, we have digested the program requirements and City’s input from the various RFI’s and confidential meetings and believe we have provided a design that meets the City’s, Users’ and RFP intent. With that said, we would strongly suggest having a post award all day design charette to solidify these assumptions prior to moving forward with the first required design deliverable as mandated by the RFP. The main focus would be to confirm programming decisions made to date and to present some value engineering ideas that may service the best interests of the City.
KEY ASPECTS OF OUR APPROACH INCLUDE :
• A structured approach to avoiding potential “rocks in the road” by engaging the client/user in all aspects of the design and construction process and promoting “partnering” and interactive decision- making. This includes setting up an on-going project team structure with the client, user group representatives, and ourselves. We will use a highly interactive client-consultant process to maintain quality communication and direction.
• Focus on budget/cost early during the project. Develop a clear understanding of what can be afforded and list potential trade-offs to maximize the City’s budget.
• Organizing our team to get the most from their complimentary talents in terms of project management, final design, and construction, including a “core team” approach with our most experienced experts involved in daily management of this effort. • A focused “Project Quick Start” phase that will involve mobilization and intensive work to get the entire project team oriented and on the right track. The focus will be on understanding existing conditions, project intent and requirements, project program, and scope. • Develop clear Construction Documents that define the important aspects of the City’s needs. • Drop-dead dates of Procurement and Delivery of long-lead materials and equipment. Ensuring our design focuses on important key construction items first.
• Mission Critical Material Submittal Schedules. Our teams will work closely with the City and ensure that timely construction submittals allow plenty of review and comment periods.
COMMUNICATION
It is almost cliché to say that communication is key, yet there is so much truth in the statement. Communication on our team, and to the client, is open and flowing. We have found that the most successful projects have a foundation of open communication from all parties and that the best way to prevent or solve a problem, is to utilize the collective experiences and insight of others.
From the beginning of design development, our team holds weekly Zoom/Teams check-ins with all consultants. These check-ins typically last about an hour. Each trade is required to review their progress, any design issues and insight. This has been a remarkable tool in not only solving potential coordination issues but eliminating them in the first place. In these meetings, we welcome the City to participate so that they better understand how the design process works and to understand the nuances of their facility. This also allows for immediate client buy-in or verification of building systems. Notes and meeting minutes are tabulated in real time and meetings are automatically archived for the record.
This also helps establish realistic costs, in conjunction with the overall schedule. When utilized from the beginning of a project, potential issues may be easily addressed without adverse harm to the budget or schedule.
UNDERSTANDING THE NEEDS OF THE CITY
Engagement Synopsis
Through our experience in designing public facilities, we have found the best way to extract information of user wants and needs is to start one- on-one. This starts with meeting with a core Leadership Team and empowering them to offer their ideas and to fully represent their peers. This allows the people to “warm up” to the design process and helps create a trust level so that they feel comfortable sharing their opinion. This process of interaction takes place over several meetings and input sessions.
22 2 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
Economic Factors
One of the biggest struggles with public agencies is the ever-increasing strain of the public coffers. Our team brings a unique understanding of public financing and funding, so much so, that Eric Wohle has served on municipal finance committees. We realize that in many cases the hardest part of securing funding for a project happens after the project is finished. In this scenario, the most difficult part of project funding becomes the cost of annual upkeep and staffing. To that end, we pride ourselves in creating spaces that are allowed to be minimally staffed, if need be, and use highly durable materials that stand the test of time and public abuse.
QUICK START
In order to meet the project schedule, it is essential for our team to mobilize and get up to speed as quickly as possible. Previously in similar projects, our approach has utilized intensive client/user group/project team interaction in the first few weeks of a project that we have called Project Quick Start. This gets all of our key personnel into the review, discussion, and understanding of the project intent and design/ construction criteria to be met before we start trying to develop documents and/or start construction. We see the essential elements in this “phase” as:
• Standards/Codes/Regulatory Requirements – What are the applicable standards, agencies, jurisdictions and their requirements? How will permitting effect the decision-making process?
• Construction Technology – What are the initial assumptions for materials and methods of construction? How does that comport with our constructability experience?
• Development of a comprehensive cost model at the start of the project that will provide the tools for on-going cost analysis for the duration of the project. The cost model will be developed not only in terms of gross unit costs, but also in terms of unit costs and percentages of total cost for each of the major components or systems of the building. • Use of a true “Value Engineering” approach to decision making in selecting design and construction alternatives, which includes evaluation of performance requirements, operational implications, and long-term operating costs as part of weighing “total costs” (capital construction plus operating costs) for each option.
The end result of the first phase sets the stage to develop targeted Schematic Design Documents. In the Design Development and Construction Documents Phase, our attention turns to basic construction types as well as defining the quality of the critical elements.
DESIGN & PROGRAMMING CONFIRMATION APPROACH
Our team approach will be to utilize a Project Core Committee established by the City as an effective means to represent the range of interested parties and integrate them into the core decision-making group for this project. The Design-Build Team will meet with the Core Committee every week for the duration of the project to present progress, solicit ideas and direction, and build consensus each step of the way. We view our role as bringing creative ideas, energy, and technical expertise to the City and collectively determining the best approach for the City. On all of our projects, our first priority is to respond to, and help confirm the program. We achieve this process by completing the following:
Executive Interviews & Charrette Workshops, User Interaction Interviews and meetings will be held with the City, to help define and clarify expectations of the new facility. This will also help determine functional and programmatic desires, management priorities, locational criteria, operational and priority issues. This will also help identify potential excess square footage or needed propgram modifications.
Analysis & Programming
We will then confirm functional needs, based on activities to occur in each area, the types of equipment to be used and the work-flow requirements, in order to confirm the proximity needs, special HVAC considerations, special power needs, and other requirements.
Building Materials & Systems
Our team will study and confirm the recommended building systems, mechanical and electrical systems, specialty custody requirements, building systems & materials. All potential building materials and systems will be evaluated based upon the following criteria:
F&H CONSTRUCTION & LDA PARTNERS 3
I. D-BE Team Technical Design & Construction Expertise
• How the materials perform over time
• Initial cost vs. life cycle cost
• Availability with regard to potential construction schedule • Compatibility with adjacent structures and systems
• Environmental materials vs. time and maintenance costs
SCHEMATIC DESIGN/ DESIGN DEVELOPMENT
Once the programming documents are confirmed, the LDA Partners team will begin design development. During this phase of work, we will establish a general layout of spaces that will provide flexible as well as functional uses. Design options would be provided for owner input at this time. At the completion of this phase, all design decisions should be made. This allows each member of the design team to remain informed about the building.
Following acceptance of drawings and estimate, a final review of the design development page turn is made for final approval.
CONSTRUCTION DOCUMENTS
The qualifications and capabilities of our team are unsurpassed. Our team is committed to providing a management structure which systematically oversees the quality and progress of both the project and services provided. Our proposed management structure is designed to focus the expertise, experience and resources of all members of the project team on meeting the needs, goals, and interests of City.
We will determine, with the City, a range of appropriate materials, specifications and building systems. Collectively, we need to be flexible but clearly define the City’s need. Our experience has exposed us to many of the most innovative and cost-effective materials and technologies in the market today. During this phase, actions will include:
• Core Team workshop with the client/ user group representatives to explore construction technology strategies applicable to the project.
While part of this focuses on the integration of security elements for this building type, it also gets into what phasing, construction technologies are needed to be effective for building in the proposed site area and to allow the most efficient construction process • Presenting computer-generated models and “walkthroughs” of the project design to ensure that key decision-makers and user group representatives really understand what is being proposed. It is essential that we are budgeting for the right design.
CONSTRUCTION ADMINISTRATION
The project is not complete at issuance of permit. We advocate a hands-on approach to construction administration and “getting out into the field”.
During this phase, actions will include:
• Providing on-site field representation to ensure that the City maintains control of the construction process and coordination, scheduling of all work.
• Dedicating sufficient attention and resources to provide timely responses for Requests for Information (RFIs) and specialized submittal review.
The expertise of our technical team is critical at this juncture, as technical skill enables design and integrates vision with the practicalities of construction needs, budget and schedule. When construction issues come up, as they do in all construction projects, we do not point fingers, we help foster solutions.
SCHEDULE ADHERENCE
Schedule adherence is a critical activity and based on our experience and track record of success, the one constant was to be allowed the adequate time to collaboratively work with the client and benefit from the values that design-build was developed upon. This will allow us to keep our best foot forward as we evolve through the process. LDA has reviewed the City’s schedule outlined in the RFP and is committed to exceed that schedule. Periodic refinement and updating of the project schedule are critical components of managing the schedule. This will be done monthly and shared with the client. Updating the schedule once a month at a minimum keeps the entire team (Owner, User, and D-BE) informed of
44 4 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
exactly where the team is at in relationship to the established project schedule. The discipline enforced on the design team to hit the established milestones is critical in maintaining the overall project schedule. Also, the project “quick start” noted earlier is a key element to maintaining the overall schedule. Getting started on the right path will have tremendous results in maintaining the overall project schedule.
Should an unforeseen event impact the schedule the Project Manager along with the City representative will immediately evaluate the impact and develop a “recovery schedule” that gets the project back on track with the overall project schedule. This recovery schedule could address the change in several ways; increase staffing, a change in an interim deliverable that does not impact the overall schedule, a temporary increase in work hours to “catch up,” etc.
BUDGET & COST CONTROL
The budget is extremely tight and will require the team to pay close attention from start to finish. Budget management will be the responsibility of the Design-Build team, Construction Project Manager, and F&H support staff. Schematic program budgets have been established and adjusted based upon the documents available to us in the RFP and per our proposed design proposal. We will work closely with the design team once the design process kicks off to quantify the scope of work and apply market estimates to the items of works so the budget will be carefully managed over the course of the design. Our team realizes that costs are most easily controlled in the early stages of project development by carefully reviewing area requirements and basic design decisions. Target costs relative to materials and methods of construction will be developed in the Design Development Phase. At this time, potential issues may be easily addressed without adverse harm to the budget or schedule. By carefully balancing long-term costs with the first cost of construction, informed decisions can be made relative to project budgeting. Our approach, therefore, reflects a careful collaboration of estimating and project control, resulting in a realistic total project budget. This is verified through our team estimator. We will not move forward into the next phase of design until we can verify that the project is “on-budget.” We understand that this new facility will be occupied for well over 30 years and we will provide input concerning sustainable design, energy efficient equipment, low facility maintenance cost, and best life cycle cost evaluation. We elaborate further in our “life cycle section,” but the City can be assured we have taken into consideration all aspects of the total ownership costs and aspects of this facility.
WEATHER & ENVIRONMENTAL CONCERNS
One of the most tangible items of concern, and not always an easy risk item to mitigate, is the weather relative to where we are at in construction.
Clearly, we have no direct influence on controlling the weather, but we can strategize on our means-and-methods as it relates to the timing of activities.
TECHNICAL DESIGN
Please note that it is our intent to match the bridging documents and specifications as closely as possible. We understand the components and building systems required for an public safety facility to operate efficiently. Our facilities are built to last, provide staff security, and provide the community with a landmark structure. Our years of experience and multitude of successfully justice related facilities that have garnered us national acclaim, and we are able to bring that experience and innovation to you in Pismo Beach.
CONSTRUCTION
As a Design-Build general contractor, F&H Construction (F&H) has over 55 years of experience managing such projects with a keen focus on design quality, fast-track construction, and risk mitigation. LDA Partners, LLC (LDA) is an acclaimed public safety designer. Over the years, we have developed a strong team of construction excellent design teams to execute design-build projects on time, on budget, and with high client satisfaction. Time and schedule, design execution, budget, constructability, and weather are the main opportunity for risk.
F&H directly manages and controls the project work-force, therefore, quality is the end result. Subcontractors are encouraged by F&H’s ability to build and manage the work of all the various subcontractors and tradesmen. We build trust with our subcontractors by laying out our buildings with Total Station, placing foundations and by performing our own concrete and carpentry work. We accomplish this by utilizing local subcontractors and employing over 120+ local tradesmen. Self-performing also decreases costs by avoiding large mark-up. It also allows us to build Lean through
F&H CONSTRUCTION & LDA PARTNERS 5
I. D-BE Team Technical Design & Construction Expertise
prefabrication of concrete forms, bolt templates, wall panels, and even roof sections.
Our team will be using several key management tools to control documentation and communication with all team members. The tools that F&H brings to the table include Procore, Timberline, PlanGrid, Primavera, and other technology to keep all members of the team, including the City and Architect, informed and up-to-date on all aspects of the project. This ensures that decisions can be made quickly and thus incorporated into the Construction Documents, further making sure of a cost effective and successful project.
F&H is known for being able to do more with less and the professional attitudes, capabilities and certifications of our staff allows for streamlined management. Our Project Manager will oversee all aspects of the contract execution. The Project Manager, supplemented with a Project Engineer and additional support staff will manage all activities including weekly meetings, administration of subcontracts, billings, submittals, daily reports, RFI’s and other progress documentation through the use of Procore. Our on-site Superintendent will have complete authority for the work, including daily oversight to assure all quality and safety requirements are exceeded. He will be supplemented by General Superintendent who oversees F&H workers and phased subcontractors as needed. In concert with the Site-Specific Safety & Accident Prevention Plan, F&H’s Safety Manager will provide weekly inspections in pre-cooperation with Cal/OSHA. Our staff is local, eliminating all per diem requirements.
F&H offers a full spectrum of services. We pride ourselves on staying current with the needs of the industry. With our field and administrative team assembled, we will remain a growing company with a commitment to equity conservation, while producing successive generations of pride, achievement and quality in the projects we complete. Our reputation stands true today and will continue for delivering quality work on time and trouble free. This is the primary factor in our success to date.
SAN LUIS OBISPO COUNTY ANIMAL SERVICES UNDER CONSTRUCTION
66 6 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
F&H CONSTRUCTION/ LDA PARTNERS TEAM ORGANIZATION CHART LEGEND
F&H Personnel
Consultants
MEP Partners
Subcontractors
Project Executive
Stephen Seibly
Design Project Director
Stephen Seibly
Project Manager
Kristien Wong
Quality Control Manager
Sean Horman
Safety Manager
Aaron Flores
Architect of Record/
Historic Architect
Eric Wohle
Project / Design Architect
Carolyn Natividad
Project Engineer
TBD
Superintendent
Brian Haggstrom (PD)
Chris Parker (FD)
Structural Subs Civil/Paving Subs
Fencing/Landscape
Subs
Finishes Subs
Waterproofing/Roof
Subs
Fire Sprinkler DBE
S&M Fire Protection
Electrical DBE
Thoma Electric
Mechanical DBE
Boneso Bros.
Glazing DBE
Atascadero Glass
Structural Engineering
IDA Structural Engineers
Civil Engineering
BKF
Landscape Architecture
Sam Harned LA
Electrical Engineering
Thoma Electric
Mechanical/Plumbing
Axiom Engineering
Geotechnical
ENGEO
Fire Sprinkler
S&M Fire
F&H CONSTRUCTION & LDA PARTNERS 7
I. D-BE Team Technical Design & Construction Expertise
F & H CONSTRUCTION - GENERAL CONTRACTOR
Since 1963, F&H Construction has developed spaces for life. We continue to see each project as a long lasting monument that accommodates our clients’ interest and need while serving the community. True to our work philosophy of innovation, creativity, and motivation F&H has excelled and earned the reputation of consistent focus on superlative quality and cost-reducing practices. Our entire team, from managers to field technicians and supervisors, are driven by our fundamental core values.
Keeping our focus on the goals set during the preconstruction phase, our team, select consultants, subcontractors and material suppliers team up under the direction of highly talented project personnel.
F&H and LDA have collaborated on six public Design Build Projects previously, including the Design Build San Luis Obispo County Probation Department, currently in design.
LDA PARTNERS- ARCHITECT OF RECORD
LDA Partners was founded in 1979 with the goal of working with clients to make a difference in the built environment. It is our commitment to listen, collaborate, and apply our expertise to stimulate creative thinking and ultimately successful design solutions. Our success is driven by a true curiosity to understand the client’s physical, financial, and cultural drivers, with the overriding objective to tailor goals and create solutions which best serve the client. Specializing in civic/community, and institutional facilities, LDA Partners continues to work with clients to give back to the built environment through creative design, innovative solutions. We pride ourselves in our ability to deliver architectural designs that are visually creative, while being responsive to program requirements, budgets, and schedules.
We have a vested interest in seeing our projects succeed for the good of our overall community. This allows us to have a better one-on-one relationship with the Administration, Staff, and community of each entity.
By having a better one -on- one relationship with our clients, we feel we can better serve the needs of the County and ultimately its residents. We are Design Build specialists and have successfully completed over 50 design build projects in the past 10 years alone, including design build probation facilities.
IDA - STRUCTURAL
IDA Structural Engineers, Inc. (IDA) is a 16-person, award-winning, structural engineering firm originally established in 1986. IDA’s expertise is in the design of new public buildings and the renovation and retrofit of existing buildings. Our expertise is in working with municipalities on important projects to design strong and efficient structures. Our design experience includes projects throughout the Bay Area, Central Valley and along the Central Coast. For each project, we work closely with the team to understand the program and select the right structural system for the building. We are known as problem solvers and take great care to make every project a success. LDA and IDA have been working together for 3 years.
88 8 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
BKF - CIVIL
Since 1915, BKF Engineers earned a reputation for its ability to successfully plan, design, survey, and implement complex projects. BKF follows a project from inception to completion by helping public agencies acquire adequate funding to successfully achieve their project goals. BKF provides the design, implementation, and construction assistance to help get their project funded and built. This proven approach recognizes that developing dynamic projects is informed by focused team collaboration, mitigating physical constraints and potential risks, and balancing designs goals with value engineering solutions.
Through our network of 16 west coast offices, BKF provides civil engineering, land surveying, and land planning services for government agencies, institutions, developers, design professionals, contractors, school districts, and corporations. Facilitating the unique permitting and expertise requirements of projects, we provide a number of specialty services, including agency permit expediting, grant/funding strategies, sustainable infrastructure, site accessibility consulting, hydrology/hydraulics, traffic signal and traffic handling designs, utility locating services, automated construction surveying monitoring, and 3D laser scanning. We are dedicated to creating sustainable landscapes and providing a high level of technical expertise in areas of low impact development (LID) design.
AXIOM ENGINEERS - MECHANICAL ENGINEER
Located in Monterey, California, provides professional mechanical engineering services to a wide variety of clients throughout the United States. Our experience of working with both public and private clients, multiple methods of project delivery, and our detail-oriented design and project management process, combined with a deep knowledge of the fundamentals provide an unmatched mix of practical high-end engineering.
Our design and engineering teams are fully trained and comfortable with all of the challenging aspects of CAD-based document production and can support custom-developed solutions and requirements for our clients’ exclusive needs. Our staff are provided ongoing continuing education creating a vast information resource our clients can tap for state-of-the-art information in our fields of expertise.
BONESO BROTHERS - MECHANICAL PLUMBING
Founded by brothers Steve and Rob Boneso in 1999, Boneso Brothers Construction, Inc. is a full service Plumbing and Mechanical contracting company that provides a full range of deliverables of Plumbing & Pipefitting / HVAC & Refrigeration services. Boneso is well versed in many project delivery methods including Design Build projects.
Through this platform we are better able to meet the Owners needs and provide value engineering to the project as well as minimize delays and added work. Specializing in design build projects. Boneso utilizes document control platforms, is well versed in BIM & coordination that is critically important to on time project delivery. Also Boneso has a Fabrication shop and perform pre-fabrication in concert with the BIM and coordination process to insure on time project delivery. Although Boneso was started in 1999 its principals have been in the trades since 1981 and are able to bring that experience to the project with the goal completing on time and within the budget.
SAM HARNED - LANDSCAPE ARCHITECTURE
Sam Harned Landscape Architecture provides creative design services for commercial and public projects in California. With over 20 years-experience we can assist in all phases of design or construction. Our focus is providing value to our clients through thoughtful, creative designs, and an approachable and involved management style. Sam has been working with LDA for over 10 years
F&H CONSTRUCTION & LDA PARTNERS 9
I. D-BE Team Technical Design & Construction Expertise
THOMA ELECTRIC - ELECTRICAL/ FIRE ALARM /IT COMMUNICATIONS Thoma Electric, Inc. has been an Electrical Construction firm for 58 years and in partnership prior to that time for 5 years. With over 58 years of electrical construction experience, the firm is unequaled on the Central Coast of California. The firm has worked on many public works projects over those years, as well as all types of private project work. The Engineering Division of Thoma Electric, Inc. has been in existence for 41 years, since 1981.
The other very important advantage of the firm, is its review and coordination with structural and mechanical systems. The estimators and project managers are well aware of the techniques and construction methods, as well as clearances required to perform the electrical work. They are also knowledgeable about what does and does not work “practically”. Knowledge of materials and products also allows the firm to select on the basis of “value” and not simply based on initial first cost. A smooth construction process, with value for the Owner is the goal.
Thoma Electric’s approach to all projects, of any size, has always been with constructability and completeness in mind. The benefits of having all facets of electrical work under one roof gives our Estimators, Construction Superintendent and our Project Foremen direct access to engineers to help us with our technical questions and issues. Our Goal is to give the client the right job the first time through a critical review process to address many technical issues of a project. Thoma has been working with F&H and LDA for 3 years. Per addenda 2 the following is a partial list of similar projects where Thoma also serviced as the Fire Alarm designer and IT communications designer.
S&M FIRE - FIRE SPRINKLER
S & M Fire Protection was established in 1972. We have been installing commercial and residential fire suppression systems on the central coast for over 35 years. S & M Fire prides itself on quality of installation and its integrity in providing excellent customer service. We have a reputation for well trained, diligent employees who can communicate with other trades and get the job done right in a timely manner.
ENGEO - GEOTECH
17278 Golden Valley Pkwy, Lathrop, CA 95330
209.835.0610 t / 209.279.2698
ENGEO provides engineering geology services as part of the geotechnical design process, and engineering geology oversight during construction testing and observation. Their geologists are experienced with the highly varied soils and bedrock conditions throughout the state. Their approach focuses on working closely with the design and construction team to optimize geotechnical design, resulting in well-designed projects that address geologic and geotechnical concerns while minimizing construction costs.
1010
10 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
EDUCATION
Bachelor of Science in
Construction Management –
California Polytechnic State
University, San Luis Obispo –
1989
F&H CA LIC.
# 293306
Stephen Seibly
VP Estimating / Project Executive & General Contractor Principal F&H Construction
Mr. Seibly has a degree in Construction Management from Cal Poly, San Luis Obispo, combined with over 30 years of experience in the construction industry. As Vice President of Estimating, Stephen manages cost management services including budget preparation and reconciliation at each design phase milestone, value engineering as may be required, and management of bidding process. As the lead estimator, he coordinates estimators activities, manages all preconstruction services, reviews and approves estimates. He has over 33 years of experience in estimating educational facilities, commercial and private construction as well as multiple design-build projects. He has a certification in Green Associate, Leadership and Environmental Design.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
San Mateo Animal Shelter Replacement – San Mateo, California Tuolumne County Mother Lode Regional Juvenile Detention Center Morgan Hill Downtown Parking Structure – Morgan Hill, California San Francisco-Oakland Bay Bridge Maintenance Facility – Oakland, California Immigration & Customs Enforcement - Regional Office
Lathrop High School – Lathrop, California
Kihei Wastewater Treatment Plant – Maui, Hawaii
EDUCATION
Bachelor of Science in Civil
Engineering – California State
University, Fresno -1982
F&H CA LIC.
# 293306
Charles A. Ferrell
President / CEO
F&H Construction
Mr. Ferrell has a degree in Civil Engineering combined with over thirty six years of experience in the construction industry. Highly skilled in all aspects of Design-Build coordination, estimating, value engineering, project management and negotiating contracts with proven results and margins on projects up to $75 million.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
San Mateo Animal Shelter Replacement – San Mateo, California San Joaquin Regional Transit Center, Stockton, California Tuolumne County Mother Lode Regional Juvenile Detention Center Manteca Unified School District – District Office, Manteca, California Immigration & Customs Enforcement - Regional Office
Decarli Plaza, Stockton, California
Weber Point Seawall, Stockton, California
Lathrop High School – Manteca Unified, Lathrop, California Liberty Ranch High School – Galt, California
Alameda Medical Group Office Building, Alameda, California
F&H CONSTRUCTION & LDA PARTNERS 11
I. D-BE Team Technical Design & Construction Expertise
Kristien Kwong
Project Manager
F&H Construction
Kristien has degrees in Civil Engineering and Construction Management combined with 11 years of experience in the construction industry. Kristien is highly detailed oriented, a strong communicator, believes in modeling a team culture that is collaborative with consistent and open communication between owner, team, and trade partners.
RELEVANT PROJECTS:
100 McClellan Street Improvement Project, Vacaville, CA KIPP Stockton Charter School, Stockton, CA
Pleasant Grove Elementary School Modernization, Sacramento, CA SCC Mohr Hall Replacement, Sacramento, CA
University of the Pacific Owen Hall Renovation, Stockton, CA LangeTwins Winery, Acampo, CA
Golden West Elementary School Modernization, Manteca, CA Shasta Elementary School Modernization, Manteca, CA
San Francisco-Oakland Bay Bridge Maintenance Building & Yard, Oakland, CA
EDUCATION
Associate of Science
Degree, Construction
Management Technology—
Cosumnes River College
Bachelor of Science
Degree, Civil Engineering—
San Diego State University
CERTIFICATION
• OSHA 30-Hour
• CPR & First Aid Trained
• Crystalline Silica Competent
Person Training
• Dust Control Training
EDUCATION
Carpenter Apprenticeship
Program, Local Union 152
General Education, Modesto
Junior College
CERTIFICATION
General Education, Modesto
Junior College
Brian Haggstrom
Project Superintendent
F&H Construction
Brian has over 35 years of experience in the construction industry and he has extensive knowledge of running any type of construction sites. His passion for safety and detailed logistics plans ensure that all crew members, students, and staff on and around the project sites are safe at all times.
RELEVANT PROJECTS:
San Luis Obispo New Animal Services Facility, San Luis Obispo, CA Niagara Bottling Stockton-4 Niagara, Stockton, CA
Kaiser Permanente Rotunda Drop Off Canopy, Stockton, CA Kaiser Permanente Dale Road Canopy, Modesto, CA
Skylonda Fire Station #58, Redwood City, CA
Neil Hafley Elementary School Modernization, Manteca, CA East Union High School Modernization & Classroom Addition Ph. 1 & 2, Manteca, CA
1212
12 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
Joe George
Project Controls Manager/ Scheduler
F&H Construction
Joe has over 16 years of experience in the construction industry. Prior experience as Superintendent and Foreman. Highly skilled in all aspects of the industry and continuing higher level of responsibilities along with company growth.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
Warm Springs Elementary School – Fremont, California, $45.2 million Golden West Elementary School-Modernization – Manteca, California, $10.5 million Tuolumne County Mother Lode Regional Juvenile Detention Center Shasta Elementary School-Modernization – Manteca, California, $7.2 million Mirabel Fish Screen & Fish Ladder Replacement – Forestville, California, $12.7 million Brentwood Solid Waste – Brentwood, California, $6.4 million Turning Basin I.C.E. Facility – Stockton, California, $7.0 million Antioch School District Various Sites – Antioch, California, $5.7 million Weston Ranch High School – Stockton, California, $36.4 million Manteca Unified District Office and Barn Bus – Manteca, California, $12.1 million
CERTIFICATION
OSHA 30 Hour Construction, CPR & First Aid Trained, Crystalline Silica Competent Person Training, Dust Control Training
EDUCATION
Construction Management
Certification - UC Davis
Extension – 2017-2018
YEARS WITH F&H
Field Operations Manager 2015
to Present
Project Foreman/Superintendent
2003 - 2014
EDUCATION
Carpenters Local Union
152 - 2015
CERTIFICATION
• OSHA 30-Hour
• Bridge Building Certification
• Concrete Formwork
Certification
• CPR & First Aid Certified
• Construction Fall Protection
Certification
• Crystalline Silica Competent
Person
Chris Parker
Project Superintendent
F&H Construction
Chris has over seven years of experience in the construction industry and has extensive knowledge of running any type of construction sites. He will work closely with the inspector and surrounding communities assuring all construction operations are properly communicated and planned, while keeping the project, students, facility, and visitors safe.
RELEVANT PROJECTS:
San Joaquin Council of Government - Facility Alterations, Stockton, CA Joseph Kerr Middle School Modernization, Ph. 1 & Ph. 2, Elk Grove, CA 100 McClellan Street Improvement Project and New MPR Vacaville, CA
F&H CONSTRUCTION & LDA PARTNERS 13
I. D-BE Team Technical Design & Construction Expertise
Aaron Flores
Safety Manager
F&H Construction
Aaron has over 17 years of experience in the construction industry and over 8 years of experience as a safety professional in construction. He utilizes professional communications for proper training and safety planning with comprehensive risk assessment and identifying hazards to promote a safer workplace environment. Aaron is highly motived to provide the direction and leadership of the occupational health and safety for the company.
RESPONSIBILITIES
Aaron implements the company Safety Program company-wide • Advises management regarding proposed and/or necessary changes in the safety standards and regulations • Writes and reviews jobsite specific safety manuals • Conducts field inspections • Corrects, documents, and follows-up on any unsafe or non- compliant jobsite conditions or personnel • Maintains the accident record system, including preparation of reports, investigation of accidents, injuries and near misses and prompt notification of company management • Prepares and presents the monthly Company Safety Report Card • Coordinates disciplinary actions and procedures • Accompanies any local, state, insurance or OSHA inspector in every jobsite situation to represent company management during inspections • Assists company employees with compliance with all company and OSHA safety and health policies and regulations • Organizes and conducts training of supervisory employees and hourly in safe work procedures and general safety program topics • Coordinates jobsite meetings with Project Teams and assists or lead weakly Tailgate Safety meetings • Writes and publishes materials for distribution to employees • Assists with training new hires on Safety • Monitors subcontractors safety performance • Periodically evaluates the effectiveness of all Company- wide Safety programs and make appropriate recommendations to management.
EDUCATION
Iron Workers Local 378
University of Iron Apprenticeship
CERTIFICATION
• OSHA 10 HR & 30 HR
• OSHA 510-Occupational Safety
and Health Standards for
Construction Industry
Sean Horman
Quality Control Manager/General Superintendent
F&H Construction
Sean has over 17 years of experience in the construction industry. He oversees all field operations as a senior-level resource for the project. Sean is heavily involved in the pre-construction process, contributing for items such as scheduling, logistics planning, and constructability reviews for the project site. Sean has extensive knowledge of running construction sites on occupied campuses and occupied buildings, and safety is always top of mind. His communication style, proactive approach and innovative problem solving has created a track record of successful projects and happy clients.
RELEVANT PROJECTS:
Joseph Kerr Middle School Partial Campus Site Improvements, Elk Grove, CA Joseph Kerr Middle School Modernization Project Phase II, Elk Grove, CA Joseph Kerr Middle School Modernization Project, Elk Grove, CA James Rutter Middle School, New Science Center, Elk Grove, CA Las Lomitas Elementary School, Atherton, CA
San Benito High School Football Stadium, Track & Aquatic Complex, Hollister, CA San Benito High School Vocational Education Building, Hollister, CA Thomas R Pollicita Middle School, Daly City, CA
James Logan High School Modernization, Union City, CA
EDUCATION
Vocational Degree, Carpentry—
Union Carpenters
Apprenticeship—Fairfield,
California, 2009
CERTIFICATION
• OSHA 30-Hour
• CPR & First Aid Certified
• Crystalline Silica Competent
Person
1414
14 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
EDUCATION
University of Washington,
Bachelor of Arts: Design &
Planning
University of New Mexico,
Master of Architecture
YEARS WITH LDA
25 Years
REGISTRATIONS
#C-28388
MEMBERSHIPS
American Institute of Architects
US Green Building Council
Eric Wohle, AIA, LEED® AP
Partner, Architect of Record
LDA Partners, Inc.
With more than 23 years of experience in the field of architecture, Partner Eric Wohle offers clients the benefits of his solid background in programming & building design, and construction management. Mr.
Wohle also has extensive experience in design and construction document production for a wide range of project types. Mr. Wohle is the principal responsible for public project oversight, and construction administration. Mr. Wohle also has a keen sense of building materials and the design construction process as a whole having taught Materials and Methods of Construction and Blueprint Reading.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
Stanislaus County Public Safety Center
Stanislaus County Public Works Administration Building, Modesto, CA Stanislaus County Day Reporting Center, Modesto, CA
Stanislaus County REACT Center, Modesto, CA
San Mateo Animal Shelter, San Mateo, California
Lathrop Police Department, Lathrop , CA
Nevada County Operations Center, Grass Valley, CA
Hope Family Shelter, Manteca Redevelopment Agency
Stockton City Hall Relocation, City of Stockton
Carolyn Natividad, AIA, LEED® AP
Partner, Design Architect
LDA Partners, Inc.
Mrs. Carolyn Natividad has 19 years of experience in the field of architecture and joined LDA Partners in 2005. As a project manager, she assists in the design, coordinates between various consultants and owner and end users, develops the drawings, and assists in managing the project during construction. She has a wide range of project experience, especially public schools and community facilities, managing over $750 million of public construction and is a LEED Accredited Professional.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
San Mateo Animal Shelter, San Mateo, California
San Joaquin County Health Services Agency Improvements
San Joaquin County Probation Department Improvements
Elk Grove Animal Shelter, Elk Grove, California
Mayfield Animal Services Center, County of Stanislaus
Animal Services Facility, City of Manteca
Arnold Rue Community Center, City of Stockton
FIre Station #4, City of Manteca
Fire Station #13, City of Stockton
Regional Water Safety Training Facility, County of Stanislaus
EDUCATION
Bachelor of Science:
Environmental Design, Minor
in Art History University of
California, Davis, 2000
Universite Lyon Deux 1998
REGISTRATIONS
#C-33148
YEARS WITH LDA
17 Years
MEMBERSHIPS
American Institute of Architects
US Green Building Council
F&H CONSTRUCTION & LDA PARTNERS 15
I. D-BE Team Technical Design & Construction Expertise
Eric Swanson, PE, QSD/P, DBIA
Civil Project Manager
BKF Engineers
Working extensively in the Bay Area core, Eric’s specialty is with infill and reuse sites. Eric leverages his understanding of the local site conditions, governing jurisdiction requirements, and construction background to deliver projects. Eric is able to identify and summarize key factors that assist the local agency to select a preferred alternative. On all his projects, large or small, Eric strives to deliver value to the project team by exploring innovative design alternatives, understanding the value of stakeholder and community involvement, and respecting all aspects of the environment.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
Alameda County GSA A/E Services , Oakland
San Jose Police Department Academy Training Facility, San Jose Brentwood Police Station, Brentwood
Hayward City Center, Hayward
El Dorado County Juvenile Court, Placerville
SLO Transit Center , San Luis Obispo
Twin Creeks Apartments, San Luis Obispo
Orcutt Road, San Luis Obispo
Twin Creeks Apartments, San Luis Obispo
EDUCATION
BS Civil Engineering, San Jose
State University
REGISTRATION
Professional Civil Engineer, CA
No. 64607
Qualified SWPPP Developer and
Practitioner
AFFILIATIONS
American Society of Civil
Engineers
Urban Land Institute
Design-Build Institute of America
Stephen DeJesse, SE
Structural Engineer
IDA Structural Engineers
Steve DeJesse has over 37 years of experience in structural analysis, retrofit, design, studies, and construction administration. He brings his extensive knowledge and experience as the SEOR for public, office, commercial, mixed-use, and educational projects throughout California. He has a flexible approach to each design and is able to translate overall project goals into structural solutions.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
EMID Laboratory & Administration Building
Girls Inc. Office Headquarters
San Joaquin County Mental Health Offices
Santa Cruz Operation Office Building
Berkeley Courthouse Remodel
Cherryland Community Center - San Lorenzo
County of Santa Cruz Live Oak Library Annex
Kennedy Teen Center Renovation - Union City
Live Oak Rec Center Upgrade - Berkeley
Mosswood Recreation Center - Oakland
Roosevelt Middle School - Oakland
San Joaquin County Correctional Facility
Sonoma County Juvenile Hall
EDUCATION
California Polytechnic State
University, San Luis Obispo
Bachelor of Science in
Architectural Engineering, 1986
REGISTRATION
California Civil Engineer, 1988
(#C43648)
California Structural Engineer,
1991 (#S3527)
PROFESSIONAL AFFILIATIONS
Structural Engineers Association
of Northern California
American Institute of Steel
Construction
1616
16 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
William A. Thoma, P.E.
President – Professional Electrical Engineer
Thoma Electric, Inc.,
The Electrical Engineering Division of Thoma Electric, Inc. of which Mr. Thoma is President, is unique in the ability to maintain a close affiliation to the construction community due to the association with its sister Construction Division founded in 1961. As the Principal-in-Charge of the Electrical Engineering Division of Thoma Electric, Inc., Mr. Thoma is responsible for overseeing an Engineering Division of sixteen persons and a Construction Division of over forty persons. Mr. Thoma conducts electrical field studies, overall building evaluations and project feasibility reports. He has experience in all aspects of electrical construction; military, education projects at all levels, government, industrial, health care, commercial, institutional, residential, utility, public safety and historical renovation.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
Lucia Mar District Wide Data Upgrade
Lucia Mar Nipomo High School
Cal Poly SLO
San Luis Obispo County Animal Services
EDUCATION
California Polytechnic State
University, San Luis Obispo
Bachelor of Science in Electrical
Engineering, 1977
REGISTRATIONS
Registered Professional Engineer
License No. EE10757
California State Licensed
Electrical Contractor - License
No. C10-274276
YEARS WITH THOMA ELECTRIC
1981 – present
Jeff Thoma, P.E. – Vice President
Electrical Engineering Project Manager/Electrical Designer Thoma Electric, Inc.,
As Electrical Engineering Project Manager, Jeff will be the day-to-day in-house manager of the project for Thoma Electric, Inc. He will coordinate with the Architect and other consultants during each phase of work, and will be their primary contact for the course of the project. Jeff will work closely with Architect and other consultants in preparing construction documents. Jeff’s responsibilities include setting up single line diagrams, schedules, details, etc. for Engineer’s review as well as calculations (voltage drop, short circuit, load summary, etc.), panel schedules, circuiting and Title 24 lighting compliance forms. Jeff will have on-going coordination with the Architectural Job Captain through each phase of project and managing the drafting staff during production. As Project Manager, Jeff will be involved in all phases of the project including construction administration and project close-out.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
Lucia Mar District Wide Data Upgrade
Lucia Mar Nipomo High School
Cal Poly SLO
San Luis Obispo County Animal Services
EDUCATION
University of California at San
Diego, San Diego
Bachelor of Science in Electrical
Engineering, 2006
REGISTRATIONS
Registered Professional Engineer
– License No. E20823
YEARS WITH THOMA ELECTRIC
April 2016 – present
F&H CONSTRUCTION & LDA PARTNERS 17
I. D-BE Team Technical Design & Construction Expertise
John Hall
Project Manager
Boneso Brothers
Mr. Hall has managed many diverse projects. He’s an experienced project manager from the mechanical contractor level as well as construction administrator /mechanical designer at the mechanical engineering level. His experience is a crucial part of the Boneso Team.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
University of California, Santa Barbara , UCSB Classroom Building San Luis Obispo People’s Self-Help Housing, Broad Street Place Project Manager
University of California, Santa Barbara, Music II Air Handler Replacement Santa Ynez Chumash Museum & Cultural Center
Mathews Hospitality, Hotel Cerro, San Luis Obispo
Dignity Health – Marion Regional Medical Center, Boiler Replacement - Project Central Plant
YEARS WITH BONESO
BROTHERS
1921-Present
CERTIFICATIONS
OSHA 10 Safety Training
American Red Cross CPR / First
Aid
Certified Welder (4g)
Sheet Metal Worker’s
Apprenticeship Program.
Robert M. Boneso
Project Director
Boneso Brothers
While serving in the United States Navy. Robert received extensive training in the piping and welding field. Prior to starting Boneso Brothers Construction, Inc. Robert was General Superintendent for a $150,000,000/ year mechanical contracting company His extensive knowledge, expertise and experience in all aspects of the business has enabled him to successfully manage and complete numerous large and complex projects.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
County of Kings
California State University, Fresno
California Polytechnic State University, San Luis Obispo University of California, Davis South Valley Animal Health Project Director University of California, Santa Barbara
University of California, Merced
EDUCATION
United States Navy Plumbers and
Steamfitters Local 403
YEARS WITH BONESO
BROTHERS
1999-Present
LICENSES
Contractors License #769190
classifications:
General Building B General
Engineering A
Plumbing C36 Steam & Boilers C4
HVAC C20
1818
18 City of Pismo Beach - New Public Safety Facility
I. D-BE Team Technical Design & Construction Expertise
Sam Harned
Landscape Architect
San Harned Landscape Architecture
Sam Harned combines a creative design sense with a strong understanding of construction methods.
This combination provides a well-designed site that can be easily realized with conventional construction practices. Sam has over 21 years of experience covering all aspects of landscape architectural services from schematic and conceptual design to preparation of construction documents and construction administration. Sam has worked on a broad range of public and private projects throughout California.
RELEVANT PROJECTS
San Luis Obispo County Probation Department
Elk Grove Animal Shelter, Elk Grove CA
San Joaquin County Public Health Services Facility Replacement - Stockton, CA Bob Hart Square, Merced, CA
SJRCC Manteca Transit Station, Manteca, CA
MCERA Office Building, Merced, CA
EBMUD Pardee Administration Center, Ione, CA
McKeon Pavilion Courtyard, St. Mary’s College, Moraga, CA Shilling Park, Lathrop, CA
Mossdale Neighborhood Park, Lathrop, CA
Vista Colorado Elementary School renovations, Needles, CA
EDUCATION
B.S. Landscape Architecture
California Polytechnic State
University, SLO, CA 1993
REGISTRATION
Landscape Architect
Ca No. 4881
MEMBERSHIPS
American Society of Landscape
Architects, Tuolumne River Trust
Advisory Board Member, Return
Peace Corps Volunteer (RCPV),
Gabon 1994-1996, Rural School
Construction Program
Josef J. Tootle
Principal Engineer
Engeo
Joe brings more than 27 years of experience in project management, large hillside grading design, civil infrastructure design, probabilistic seismic hazard analysis, levee design, flood control structures, riparian corridor restoration, pavement design, hydrologic and hydraulic evaluations, and development of foundation criteria.
Joe has been the lead geotechnical consultant on hundreds of large projects that have collectively included more than 100 million cubic yards of earth work; hundreds of miles of roadway improvements; public infrastructure, including bridges, tunnels, levees, detention basins, highways and light rail transit corridors; commercial and retail centers; community centers; public buildings, including libraries, public schools and community colleges; and police and fire stations.
RELEVANT PROJECTS:
Porter Ranch, Los Angeles, CA
Plum Canon, Santa Clarita, CA
Westside Purple Line Extension 2 and 3, Los Angeles, CA Newhall Ranch, Valencia, CA
Norris Canyon Road Landslide, Mile 0.30, San Ramon, CA
Monarch Dunes, Nipomo, CA
Tejon Mountain Village, Kern, CA
EDUCATION
MS Civil Engineering University of
California at Berkeley 1995
BS Civil Engineering San Jose
State University 1994
REGISTRATION
Geotechnical Engineer, CA 2677
Professional Engineer, CA 58282
AFFILIATIONS
FMA - Floodplain Management
Association
F&H CONSTRUCTION & LDA PARTNERS 19
I. D-BE Team Technical Design & Construction Expertise
Kate Conway, PE
Principal Project Engineer
Axiom Engineers, Inc.
Over 15 years’ experience as a Mechanical Engineer with AXIOM. Experience in HVAC design, energy computer simulations and analysis, plumbing, water conservation, mechanical systems design, and project management for both residential and non-residential projects. Key strengths: in-depth knowledge of engineering fundamentals, organization, communication, problem solving abilities and attention to detail. As Principal, coordinates with clients to develop project scope, works with engineering team to develop relevant system selection, manages project engineering and technical staff, and enforces company standards for design and project approach. Creates proposals, reviews drawings for code compliance, reviews submittals, and tries to achieve a high level of client satisfaction on every project.
RELEVANT PROJECTS:
San Luis Obispo County Probation Department
Salinas Valley Memorial Hospital: Fresno VA Hospital
Santa Cruz Community Health Center and Dientes
Doctors on Duty: Monterey Remodel of existing clinic
City of Monterey - Monterey Conference Center Upgrade
Monterey County courthouse East and West Wing remodel
EDUCATION
BS, Mechanical Engineering
University of California at Santa
Barbara
REGISTRATION
California Mechanical Engineer,
License No. M36477
LEED Green Associate
Matt Andahl
Senior Project Engineer
S&M Fire Protection, Inc.
• Installation, fabrication, and maintenance of commercial and residential fire sprinkler systems in new and existing buildings
• Installation and inspection of fire pumps and various valves • Inspect and test installed systems using hydrostatic testing and pressure gauges • Management of bidding, submitting plans, and ordering material RELEVANT PROJECTS:
San Luis Obispo County Probation Department
San Luis Obispo County Animal Services
Cal Poly University Neighborhood Bldg 19 Renovation & Sitework Santa Maria High School- 50 Classrooms
Vandenburg Space Force Base-SLC 3 F780 Fire Pumps
EDUCATION
Local 669 JATC 5 year
Apprenticeship Training
Program through Washtenaw
Community College
2007-2011
Local 669 Foreman 2011-2018
REGISTRATION
C-16 Fire Protection Contractor
License
OSHA 30
California State fire certification
training
II.
PROPOSED CONCEPT DESIGN AND
DESIGN APPROACH
F&H CONSTRUCTION & LDA PARTNERS 20
II. Proposed Concept Design and Design Approach
UTILIZING OUR TEAM EXPERIENCE
Our team is made up of experts in their fields of construction and the design-build delivery method. All team members have been working together throughout the procurement process to provide the best insight in order to cut potential costs, yet provide the best possible facility for the City. Our building trades and contractors worked directly with the architectural and design team to validate actual and real costs of the specific program elements. The cost proposal does not include “plug” numbers or assumptions, which would be misleading and a disservice to the City. Therefor our cost proposal of the Base Program Design reflects real and validated costs from multiple subcontractors.
We have provided line item budget for the City’s review and analysis. As acknowledged ins several conversations with the City, there is significant budgetary and inflationary pressure upon the construction industry as a whole. Per our conversations with the City, several aspects of the required and defined program are significant cost contributors.
ARCHITECTURAL BASE PROGRAM DESIGN OVERVIEW
Our proposed Base Program Design is directly based upon input gathered at our confidential meetings and the design and program requirements of the RFP. The building is typical of a mid-sized office building using a standard steel column layout. Differences in exterior cladding materials provide visual interest and differentiate between program spaces.
Aesthetically our proposed design can be described as enhancing the historical facade of the old school/ City Hall while revising the facade of the fire station to provide visual compliment” utilizing materials than are common in Pismo Beach and are soothing and welcoming at a pedestrian scale.
The materials and site layout takes its cues from mimics the surrounding neighborhoods and the downtown area of Pismo Beach. The building is proposed to built from a traditional steel primary structure and interior metal stud framing. Using the simple building form along with the selected materials provide for a simple civic architecture the responds primarily to the need of the users and its customers along with the site.
The overall layout of the facility responds directly to the Program and are organized by staff department. Care was taken to ensure that respective adjacencies identified in our confidential meetings and via addenda were addressed and that the overall design reflects the original intent and provides a functional space. Therefore our layout reflects the programmatic need of the City.
INTEGRATION OF DESIGN STANDARDS
Our design philosophy reflects current standards in justice facilities, ensuring that there are public and secure sides of client interaction, separation of staff and public vehicular access, and separation of client transfer from public areas. These features reflect current security measures as well as the well-being of staff. Critical design features include the use of natural light, the right kind of artificial lighting, visual enrichment of views, break areas, and flow patterns, allowing staff to flow and use space as efficiently as possible.
BUILDING & SITE
The key to understanding the City’s needs was the participation in the Confidential Meetings.
In our first meeting we asked the City, and the review panel differing questions as to what their BOARD EXERCISE FROM CONFIDENTIAL MEETING #1
2121
21 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
expectations were relative to the final facility. While there were many opinions, about varying aspects of the new facility, several items came up which reflected increased importance from the City. As such, our proposed enhanced design reflects the desires and needs expressed within the confidential meetings
• Functionally
• Site circulation
• Cost
• Transparency
• Efficient in terms of use, maintenance, and operational costs.
The bldg layout reflects a responds to our enhanced site plan. Per our confidential meeting, the vehicle storage is shifted to the rear of the site allowing for more room for overall vehicular circulation. This helps with turning movements and provides a visual barrier from the secure area of the complex. In this orientation, the site plan and parking layout reflects a more efficient layout and help with separation between the police and fire areas. This also reduces the number of security gates and helps create a more secure facility.
The Police Department building maintains the programmatic layout indicated with the RFP but with several built in enhancements such as exterior covered patios on the second floor for both staff and dispatch. Enhanced ceilings throughout are at 9’-0” min. and have upgraded finishes at the first and second floor lobbies. Additional included enhancements include upgraded flooring in locker areas, elevator equipment room, monument signs and a memorial plaza.
At the Fire Department side, we have included voluntary enhancement within our base proposal. This provides 2 heavy duty apparatus bays along with 3 light duty apparatus bays. Since this facility needs to last 30-50 years, we have provided interior spaces that are right sized based upon the need, rather than existing walls. This allows for maximum efficiency and function over the life of the building. Additional enhancements include additional storage areas, a revamped entry plaza and higher ceiling heights throughout.
EXISTING SITE
F&H CONSTRUCTION & LDA PARTNERS 22
II. Proposed Concept Design and Design Approach
DURABLE MATERIALS
As we discussed in our confidential meetings, the most significant cost of the new facility will be its annual O & M costs. To that end, the more we can do upfront to minimize the wear and tear on the building, the more money the City will save in the long term. Our building material approach is based upon that methodology. Exterior surfaces are a mix of simple stucco, with brick enhancements to compliment the existing brick facade. High slope roofs are clad in metal roofing while low slope roofs are single ply PVC with traffic pads along maintenance walkways. All of these ,materials are extremely durable, can take extreme public wear and tear and require minimal maintenance. These materials also lend itself to the buildings simple forms, while creating a welcoming aesthetic.
VIEW FROM ENTRY
SITE PLAN
2323
23 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
2ND FLOOR ORGANIZATION PLAN PD
1ST FLOOR ORGANIZATION PLAN PD
F&H CONSTRUCTION & LDA PARTNERS 24
II. Proposed Concept Design and Design Approach
1ST FLOOR ORGANIZATION PLAN FD
AERIAL - FD
2525
25 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
Listed below is a building program report. It gives the room sf deviation between the bridging documents and our enhanced option.
F&H CONSTRUCTION & LDA PARTNERS 26
II. Proposed Concept Design and Design Approach
Listed below is a building program report. It gives the room sf deviation between the bridging documents and our enhanced option.
2727
27 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
1ST FLOOR PLAN RCP - PD
2ND FLOOR PLAN RCP - PD
F&H CONSTRUCTION & LDA PARTNERS 28
II. Proposed Concept Design and Design Approach
1ST FLOOR FINISHES - FD
1ST FLOOR FINISHES - PD
2ND FLOOR FINISHES - PD
2929
29 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
WEST WITH PD MEMORIAL
AERIAL
F&H CONSTRUCTION & LDA PARTNERS 30
II. Proposed Concept Design and Design Approach
FD ENTRY
NEW RAMP
3131
31 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
PD ENTRY
WADSWORTH
BELLO FRONTAGE
F&H CONSTRUCTION & LDA PARTNERS 32
II. Proposed Concept Design and Design Approach
EXTERIOR ELEVATIONS - PD
EXTERIOR ELEVATIONS -FD
3333
33 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
ROOF PLAN - FD
BUILDING SECTIONS - FD
F&H CONSTRUCTION & LDA PARTNERS 34
II. Proposed Concept Design and Design Approach
BUILDING SECTIONS - PD
ROOF PLAN - PD
3535
35 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
CIVIL OVERVIEW
The new Public Safety Facility will be constructed adjacent to and as part of the existing Police and Fire station building on the corner of Wadsworth Ave. Critical components of the Civil design will be grading, storm-drain detention discharge and conforming to the existing topography of the site.
FEMA, FLOODPLAIN, GRADING
The existing site is sloping hillside but is within Zone X on the FEMA flood map. The existing site has an existing 12-15’ grade difference between the front of the site to the rear, a slope of approx 8-10%. Finish floors will be set to achieve ADA requirements, positive drainage away from the building, and a proper release from the site.
The site is intended to be graded to follow and conform to the existing topography. Finished floors will be set to achieve ADA requirements, positive
FEMA FLOOD MAP
CONCEPTUAL GRADING DIAGRAM
F&H CONSTRUCTION & LDA PARTNERS 36
II. Proposed Concept Design and Design Approach
CONCEPTUAL UTILITIES DIAGRAM
drainage away from the building, and a proper release from the site. The site grading will conform to the building with the assistance of retaining walls and sloped driveways. Two new commercial driveways will connect the site to Bello Street and Wadsworth Ave. Existing perimeter sidewalk and ramps will be reconstructed to meet current ADA code.
In order to meet ADA standards while maintaining the Fire Department finish floor elevation, multiple retaining walls will be required. The majority of these will be in the range of three feet tall. The tallest portions of some walls will reach heights of seven feet. The existing eight foot retaining wall at the northern property line will be protected.
UTILITIES
Proposed new site utilities will be coordinated with the building connection points based on the interior MEP design. Site utilities will be designed such that they do not conflict with proposed or existing improvements. The project design will be coordinated with each utility agency and will provide the necessary deliverables for permit.
Due to the age of the existing water infrastructure, all services and meters for each building will be replaced. One domestic water and one fire water line connection to the water main in Wadsworth Avenue will serve the new police department and vehicle storage buildings. One domestic water and one fire water line connection to the water main in Bello Street will serve the new fire department building. All four services will require back-flow preventers. Both domestic water services will require new water meters. Both main buildings will require fire department connections and post indicator valves.
It is assumed the vehicle storage building will note require an additional fire department connection and post indicator valve. It is assumed that two new fire hydrants will be required. The actual number will be at the discretion of the fire department. Any landscape irrigation will be handled by the landscape designer.
• Domestic and Fire Water: There will be 2 total new water and fire water line connections to the water main within Wadswoth and Bello. The proposed water infrastructure includes hydrants, meter, back-flows, fire department connections, and a post indicator valve. • Sanitary Sewer: The site will be served by a new sewer line that will flow by gravity from each building to the existing main in Bello Street to the west.
• Gas: The gas line is proposed to connect to each building from the existing mainline within Wadsworth Ave. and Bello Street.
3737
37 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
Due to the age of the existing sewer line, sewer laterals for each building will be replaced. There will be two total sewer line connections to the main in Bello Street. All two laterals will flow by gravity. A new sewer lateral and sand/oil separator will capture fire apparatus wash flows and tie into this same line. This separator could be installed in the apparatus bay, or in the apparatus driveway. A new mechanical diverter valve will also be required to divert sewer flows when vehicle washing occurs.
Due to the age of the existing gas lines, the laterals for each building will be replaced. In our initial design, the gas service for the police building will come from Wadsworth Avenue. This service has the option of coming from Bello Street, if needed. The gas service for the fire department building will come from Bello Street. Two new meters will be installed.
STORM DRAINAGE STRATEGIES / MANAGEMENT
The storm drain system will capture runoff from the new impervious areas and convey the stormwater to two infiltration/retention tanks to be located in the lower parking lot on Bello Street. The stormwater will be retained in the tank release offsite at pre-improvement levels based on the 95th percentile storm. Flows will discharge onto Bello Street. Trash capture devices and sumps within the inlets will be used to mitigate unwanted debris within the retention tank and bioretention area.
The proposed site storm water design intends to meet the Central Coast Region post-construction stormwater management requirements, dated July 12, 2013 and the County of San Luis Obispo Public Improvement Standards, dated 2019. The proposed building and hardscape will be treated through the combination of a retention tank and biofiltration treatment system. Runoff retention for WMZ 4 of the Central Coast Region will be met by retaining and infiltrating the 95th percentile storm onsite within the treatment measures mentioned above. Flow control requirements described in section 5 of the County of San Luis Obispo Public Improvement Standards are met by retaining the 95th percentile storm onsite. Both tanks will have bypass pipes to allow larger storms to be released onto Bello Street. There are no City storm mains In Bello or Wadsworth available for direct connection. Storm overflows will be conveyed eastward via the existing Bello Street gutter to a culvert in Pismo Avenue.
HARDSCAPE, PARKING & PLAZAS
Pavement sections will ultimately be designed by the geotechnical engineer. Assumed sections have been shared with the design team based on the recommendations from “soils engineering report update” dated 12-3-2021, other projects in the vicinity , and various fire facilities. Refer to landscape and architectural plans for other decorative pavements sections for the site. No existing pavement is intended to be protected and reused.
VEHICLE TURNING MOVEMENTS
F&H CONSTRUCTION & LDA PARTNERS 38
II. Proposed Concept Design and Design Approach
LANDSCAPE OVERVIEW - LID AND STORM WATER MANAGEMENT
The landscape design for the project will be developed in conjunction with the designs for the overall project, and will create a landscape plan for the project that is aesthetic, functional, and environmentally-conscious. The landscape will be designed to meet the Owner’s goals, the City’s Water Efficient Landscape Ordinance (WELO), jurisdictional standards and requirements, and existing sensitive environmental conditions, as well as minimizing water-use and long-term maintenance needs.
The team will develop an appropriate plant pallet adapted for successful use in storm water (LID) treatment locations with the intent of removing pollutants, slowing the flow of storm water and increasing infiltration of moisture into the soil. Treatment areas will be isolated systems for both plant species selections and irrigation system applications.
SITE DESIGN
The site design will coordinate with the building designs and existing character of the school building to provide an aesthetic design that is coordinated with each of the buildings and is cohesive with existing residential neighborhood. The street frontage design will be designed to establish this facility as a civic center but with a residential character. The landscape will provide for an aesthetic street frontage appearance, and will provide functional shading to the building, parking lot and pedestrian spaces of the site. Planting will be used to facilitate way-finding throughout the site by high-lighting entries, main routes of travel, and high-visibility locations. Plant and irrigation design will be coordinated with the overall grading and drainage design for the project to maximize the sites grading design and to minimize the potential for erosion. The design will also be developed based on local environmental conditions such as solar exposure, soil properties, slope, and other local site conditions.
PLANTING
All planting areas of the site will include new landscaping, including shrubs, ground covers and ornamental grasses. The existing oak tree in the rear of the site will be retained and landscape improvements around the tree will be minimized to retain as much of the tree’s existing habitat as possible. Plant species will include robust CA natives and other plants well-adapted to this region to minimize water needs and maximize durability, and will be as approved by the City. Trees will be included throughout the site to provide shading, way-finding, and site organization. Trees will be a mix of deciduous and evergreen to provide interest and variation throughout the year. Shrubs and ground covers will be a mix of evergreen and deciduous with flowering for both color and season to provide year-round interest. The plant design will: reduce long-term maintenance needs by locating plants in locations specific environmental needs of each species; be comprised of non-toxic and non-invasive species; will space plants for full maturity without over-crowding to keep views through vehicle areas open for safety, and to minimize the need for shaping or pruning - all hedges will be informal and natural (i.e. non-sheared); and will group plants into hydrozones comprised of other plants with similar water to maximize irrigation efficiency and minimize watering needs. Landscape along the street frontage will match species, spacing and design similar to the existing streetscape for continuity of the street front presence.
IRRIGATION
The design of the irrigation system will be fundamentally based on reduced and intelligent water usage, and will meet and exceed WELO requirements. The controller systems and sensors will provide a fully-automated weather-based control system for ease of maintenance, and will coordinate with any existing Owner-operated control system. The irrigation system will be designed based on hydrozones that will take into account such elements as solar orientation, plant water needs, slope, and soil characteristics. The irrigation system will include robust and easily maintainable components to provide water to each plant, and will include State-mandated equipment such as flow sensors and master valves to control and limit the amount of water applied onto the landscape. Equipment and materials used in the system will meet the City’s standards and preferences. Project documents will include all appropriate calculations and documentation to satisfy and exceed the water budget established by the City’s WELO.
3939
39 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
CONCEPTUAL PLANTING DIAGRAM
ACCENT TREE
Medium to large tree with interesting branch structure and flowers.
Jacaranda mimosifolia / Jacaranda Multi-Trunk
Metrosideros excelsa / New Zealand Christmas Tree
SHADE TREE
Medium to large tree to provide shade and street frontage presence.
Liquidambar styraciflua 'Rotundiloba' / Round-Lobed Sweet Gum Lophostemon confertus / Brisbane Box
Magnolia grandiflora / Southern Magnolia
EVERGREEN SHRUB / HEDGE
Medium evergreen shrubs for borders, edges, and foundation planting.
Callistemon viminalis 'Little John' / Little John Weeping Bottlebrush Grevillea x 'Noellii' / Noel Grevillea
Rhaphiolepis umbellata 'Minor' / Dwarf Yedda Hawthorn
Westringia fruticosa / Coast Rosemary
ACCENT SHRUB
Medium size shrubs with striking foligage, texture or flowers.
Aloe arborescens / Torch Aloe
Anigozanthos x 'Bush Baby' / Bush Baby Kangaroo Paw
Dendromecon harfordii / Island Bush Poppy
Epilobium californicum / California Fuchsia
Hesperaloe parviflora / Red Yucca
Salvia greggii / Autumn Sage
INFILL SHRUB
Medium shrubs for mass planting
Cistus x hybridus / White Rockrose
Dietes bicolor / Fortnight Lily
Nandina domestica 'Moon Bay' / Moon Bay Heavenly Bamboo Rhaphiolepis indica / Indian Hawthorn
BUFFER / SCREEN SHRUBS
Medium to large evergreen shrubs for screening, background and buffer planting
Heteromeles arbutifolia / Toyon
Leucophyllum frutescens 'Green Cloud' TM / Green Cloud Texas Sage
ORNAMENTAL GRASS
Mass of ornamental grasses to provide texture and motion in the breeze.
Calamagrostis x acutiflora 'Karl Foerster' / Karl Foerster Feather Reed Grass Chondropetalum tectorum / Cape Rush
Muhlenbergia capillaris / Pink Muhly Grass
Muhlenbergia rigens / Deer Grass
ACCENT GROUND COVER
Low growing plants with interesting texture, color or flower to highlight focal areas and entries.
Liriope muscari / Lilyturf
Penstemon parryi / Parry's Beardtongue
Salvia chamaedryoides / Mexican Blue Sage
Verbena peruviana / Peruvian Verbena
LOW GROWING GROUND COVER
Low growing evergreen ground cover for mass planting, may be used for slope stabilitization
Baccharis pilularis 'Twin Peaks #2' / Twin Peaks #2 Coyote Brush Ceanothus griseus horizontalis / Carmel Creeper
Juniperus horizontalis 'Blue Chip' / Blue Chip Creeping Juniper Rosmarinus officinalis 'Huntington Carpet' / Huntington Carpet Rosemary
NATIVE HYDROSEED
Native hydro-seeding on existing bank at oak tree. Non-irrigated in this area unless specifically needed for the health of oak tree.
Turf Hydroseed / Native seed blend, non-irrigated
CONCEPT PLANT SCHEDULE
NORTH
Conceptual Landscape Plan
Pismo Beach Public Services Facility - Pismo Beach, CA
0'10' 20' 40'
scale: 1" = 20'-0"
February 2023
Fire Department
Bello Street
Wa
d
s
w
o
r
t
h
A
v
e
n
u
e
Police Department
Police Parking
Vehicle
Storage
Covered Parking
Ex. Oak, to remain
Ge
n
e
r
a
t
o
r
Co
n
v
a
u
l
t
Sallyport
Swinging
Gates
Swinging
Gates
Ramp Ra
m
p
Steps
Sign
Commemorative
Space
Commemorative
Space
Steps
Patio
Ex. Walnut
Sliding
Gate
Trash
Enclosure
Bike
Rack
Bike
Rack
CONCEPTUAL FOUNDATION PLAN - PD
F&H CONSTRUCTION & LDA PARTNERS 40
II. Proposed Concept Design and Design Approach
STRUCTURAL SYSTEMS OVERVIEW
The project comprises multiple buildings on a sloping site. • A new Police Department
• A renovated building for the Fire Department
• A new Storage Building
The proposed buildings are a 2-story steel framed structure (police) on a sloping site and a heavy renovation of a wood framed single story structure (fire). Due to the sloping nature of the site, the first floor of the police building is at reference elevation +0, with the 2nd floor at reference elevation +17 feet. The west and south sides of the building are accessed at approx level -6, with the north side accessed at level +0. New structural retaining walls ranging from 1 to 6 feet tall will be constructed at the project eastern property line. Additional site work including ramps and stairs is included. There will be a retaining wall at the east side of the site and along the vehicle storage out to the site as necessary to adjust the grades. At the Fire Station, the eastern access will be at grade while the main entry along the western edge will maintain its existing elevation above native grade. Structural design will be per the 2022 California Building Code (CBC) with local amendments.
KEY STRUCTURAL SYSTEM SELECTIONS AND ADVANTAGES
Police Department
The 2nd floor and roof are designed as structural steel systems with buckling restrained braces (BRBs) for lateral resistance. It is our opinion that this system provides the best combination of flexibility in the floor plan, economics, structural performance, and durability. Other systems, such as light wood frame, mass timber or concrete will require compromises in one or more of these attributes.
Roof framing consists of bare metal deck without concrete fill spanning to wide flange steel beams. Beams span north/south to steel wide flange girders, which are typically supported on wide flange columns. Deck is assumed to be welded to supports, although other attachment methods such as powder driven pins, will be considered during detailed design.
CONCEPTUAL FRAMING PLAN - PD
4141
41 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
Second floor framing consists of lightweight concrete fill over metal deck. Fill will contain reinforcing steel or mesh to provide resistance to shrinkage, and nominal negative moment capacity over supports. Deck should be laid out in 3-span configuration wherever possible.
Steel floor beams will have welded studs at the top flange to provide composite action with the deck. Composite beams are typically lighter and provide better floor performance than non-composite beams. Steel beams will span to steel girders, which are supported on wide flange columns.
The lateral force resisting system will consist of the metal decks acting as horizontal diaphragms, distributing seismic forces to BRB frames based on relative stiffness. Frames will transfer seismic forces to the foundation.
Per the conceptual geotechnical report provided in the RFP, the site is underlain by up to 20 feet of fill. Foundation support must be derived in the rock underlying this fill. This precludes the use of a non-structural slab on grade and shallow footings. Instead, the first floor will consist of either a uniform thickness concrete mat supported on a grid of cast-in-place caissons; or a thinner slab, spanning to a grid of grade beams, which in turn are supported on caissons. Whichever system is chosen will transfer all building vertical loads to the underlying rock, and building lateral loads to the fill soil below a depth of 2 feet. Total caisson depths are anticipated to be 25 to 30 feet below the bottom of the grade beams.
Exterior walls will be light gage metal studs, non-bearing. Studs will be attached to the first floor slab with powder driven pins through a track.
Connections at the 2nd floor and roof need to allow for both vertical movement and lateral drift of the structure during an earthquake. Exterior stud options are: 8” x 54 mil 600S200-54 at 24” oc or 600S162-54 at 16” oc. Additional studs will be required at corners and intersections.
The south wall of the new building will incorporate a brick wall that is part of the south wall of an existing building on site, planned to be demolished.
This wall will be shotcreted on the interior face, cut into sections, and re-located in the new building. This wall will be non-structural in the new building, anchored back to the new steel frame.
FIre Department
This part of the project consists of a renovation to an existing building and the addition of Apparatus Bays. The addition may be structurally independent of the existing building-see discussion below. The entire building is single story.
The RFP package included most of the original structural drawings, except for the foundation plan. Location and size of existing foundations and shear walls is not completely known. Some of these elements have been inferred based on details provided; however, field verification will be required.
The new Apparatus Bays will be framed with TJI type roof joists, spanning to either glu-lam girders or bearing walls. Bearing walls will be either 2x6 studs or laminated veneer lumber (LVL) studs for walls taller than approximately 12 feet.
The lateral force resisting system will consist of plywood roof diaphragms spanning to plywood shear walls. These walls will transfer lateral forces through anchor bolts to the foundations.
The conceptual geotechnical report does not specifically address the combination of existing and new foundations as will occur at this building.
The existing drawings do not indicate deep foundations such as drilled caissons or piles, and appear to indicate deepened spread footings. It is our assumption that the existing building is founded on these deepened spread footings, and not caissons.
Response to RFI #50 indicated that the base bid could allow for some of the additions to be structurally tied to the existing building, with the Apparatus Bay seismically separated. The foundation system for the attached addition would be deepened spread footings, and the foundation system for the Apparatus Bay would be caissons. Enhancement 1would require all additions to be structurally separated from the existing building with caissons for all foundations. The structural drawings produced by IDA show caisson foundations in plan for all additions. This is a better
F&H CONSTRUCTION & LDA PARTNERS 42
II. Proposed Concept Design and Design Approach
approach in our opinion for an Essential Services Facility. An alternate detail for deepened foundations has been provided if found to be appropriate through further subsurface studies. The final foundation type will be determined during schematic design.
Storage Building
Our team will provide design criteria for the superstructure, as well as full design for the foundation. The foundation type will most likely be a conventional concrete slab.
Light Gage Framing
Exterior walls will be light gage metal studs, non-bearing. Studs will be attached to the slab on grade with powder driven pins through a track.
Connections at the 2nd floor and roof need to allow for both vertical movement and lateral drift of the structure during an earthquake.
Exterior stud options are: 8” x 54 mil 800S162-54 at 24” oc or 600S162-54 at 16” oc. Additional studs will be required at corners and intersections.
Design Criteria
Dead Loads
Roof 25 psf
Floor 60 psf
Live Loads:
Roof 20 psf
Floor - typical 80 psf
Floor – Assembly 100 psf
Floor – Storage 125 psf
Rain Loads Per ASCE 7-16 Section 8.3
Wind Criteria
Risk Category IV
Exposure Category: C
Basic Wind Speed 103 mph
Seismic Criteria
Risk Category IV
Importance Factor: .5
Site Class D
Seismic Design Category D (To be confirmed through calculation) R factor-Police 8.0 (Buckling Restrained Braces)
R factor-Fire 6.5 (Wood shear walls)
Foundation Criteria
To be confirmed through subsurface investigation
Allowable bearing pressure 3,000 psf DL+LL, 4,000 psf DL+LL+EQ Soil subgrade modulus 50 pci
Retaining wall
Active pressure static 60 pcf
Active pressure seismic 30 pcf
Passive pressure 450 pcf
MATERIALS
Concrete
Reinforcement: Grade 60 at slabs, 75
ksi elsewhere
Concrete Strength: f’c = 3000 psi slabs,
4,000 psi elsewhere
Structural Steel
Wide flange: A992
Angles, channels, plates: A36
Tube columns: A500 grade B
Cold Formed Steel
Cold Form Steel Joists: A653, fy =
50ksi
Cold Form Steel Studs: A653, fy =
50ksi
Wood
Glu-laminated lumber 2 4F-V4
Douglas Fir
Wood web joists Trusjoist “TJI” or equal
Sheathing Structural I grade
Lumber Douglas fir No. 1 for beams/posts
Douglas fir No. 2 for studs, plates,
blocking
4343
43 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
CONCEPTUAL FRAMING PLAN - PD
CONCEPTUAL FOUNDATION PLAN - PD
F&H CONSTRUCTION & LDA PARTNERS 44
II. Proposed Concept Design and Design Approach
MECHANICAL / PLUMBING OVERVIEW
The mechanical and plumbing system selections play a critical part in the long term operation of the facility. Our team focuses on the integration of these systems into the structural and architectural designs to ensure adequate maintenance clearances are provided and involve all parties in the coordination. By using our in-house expertise and our experienced engineers, we are able to ensure that the concepts and intentions of the design are fully translated to the functioning mechanical and control systems to provide seamless operation and functionality.
BENEFITS TO CITY OF PISMO BEACH
• An energy efficient design that provides reduced operating costs • A focus on indoor air quality that provides a healthy environment for building occupants • Durable components that create a reliable overall system
DESIGN APPROACH
Energy Conversation / Sustainability:
There are numerous energy efficiency opportunities to keep energy demand and cost low without affecting facility operation. The conservation of energy and natural resources was weighed against the future operating cost when incorporating the following mechanical concepts into the design:
• High efficiency rooftop air conditioning units with variable speed motors and variable speed compressors to effectively modulate airflow and cooling capacity as heating / cooling demands fluctuate. • Airside economizers to cool and ventilate indoor spaces with 100% outside air. • High Efficiency Hot Water Heaters.
• Low velocity ductwork to reduce airflow static pressure loss and substantially lower fan power demands.
Maintainability / Operability:
One of the highest long term costs of a facility is associated with both operation and maintenance of the mechanical systems. Evaluating a design solution without this understanding does not represent the true cost of ownership. This was considered when incorporating the following mechanical concepts into the design:
• Coordinated access / clearance for all equipment service zones.
CONCEPTUAL HVAC DIAGRAM - 1ST FLOOR
4545
45 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
CONCEPTUAL ZONING PLAN- 1 ST FLOOR PD
CONCEPTUAL ZONING PLAN- 1 ST FLOOR FD
CONCEPTUAL ZONING PLAN- 2ND FLOOR PD
F&H CONSTRUCTION & LDA PARTNERS 46
II. Proposed Concept Design and Design Approach
Water Conservation:
Water conserving plumbing fixtures will be provided in an effort to reduce water required for sewage conveyance and normal occupant use. 1.28 gallon / flush water closets, 0.125 gallon / flush urinals, 1.5 gallon/minute shower heads and low flow metering lavatory faucets will be used. Plumbing fixtures will be commercial quality with flush valves, faucets and trim to meet project requirements, fully complying with ADA where required. All plumbing fixture flows will meet the 2019 California Green Building Standards Code at a minimum.
DESIGN SOLUTION
1. Codes and Standards
• ASHRAE 2021 Handbook, Fundamentals
• ASHRAE 2022 Handbook, Refrigeration
• ASHRAE 2022 Handbook, HVAC Applications
• ASHRAE 2020 Handbook, HVAC Systems and Equipment
• ASHRAE 55-2010 Thermal Environmental Conditions for Human Occupancy • 2022 California Building Code (CBC), California Code of Regulations, Title-24, Part 2
• 2022 California Mechanical Code (CMC), California Code of Regulations, Title-24, Part 4
• 2022 California Plumbing Code (CPC), California Code of Regulations, Title-24, Part 5
• 2022 California Fire Code (CFC), California Code of Regulations, Title-24, Part 9 • 2022 California Electric Code (CEC)
• 2022 California Building Energy Efficiency Standard for Nonresidential Compliance, California Code of Regulations, Title-24, Part 6. • 2022 California Green Building Standards Code, California Code of Regulations, Title-24, Part 11.
2. Mechanical System Design Strategies
• Low pressure drop ductwork ventilation design
• Use of high efficiency motors.
• Electrically Commutated Motors (ECM) for maximum efficiency on the low horsepower motors.
• Low velocity coil and filter selections to reduce fan energy consumption. • Use of VRF for DX heating and cooling , based on 300 cfm per square foot • Use of T-Bar registers and hard lid registers for wooden ceilings • Use of return air to help minimize energy use
• Make up air / DOAS Unit will introduce 100 % outside air requirements. • Use of transfer air for select restrooms
3. HVAC Systems Description
A. Corridor ventilation Design
• Will be served by low silhouette LG fan coils sized appropriately • Energy Efficient, low noise, and low maintenance, with filter racks for easy maintenance
B. Bathroom Exhaust / Locker Rooms / Fitness • Will be served by low silhouette LG fan coils sized appropriately.
• Exhaust fans provided for restroom areas to maintain
negative pressure.
• Locker rooms will be exhausted by a rooftop exhaust
fan
C. Office areas
• Will be served by low silhouette LG fan coils sized
appropriately.
• Return air strategies implemented in these areas, by
means of ducted returns.
• Energy Efficient, low noise, and low maintenance with filter racks for easy maintenance
D. Conference / Training rooms
• Will be served by low silhouette LG fan coils
sized appropriately. With lined plenums for sound
absorption
• Return air strategies implemented in these areas, by
means of ducted returns
• Demand control ventilation used in high density areas (per 2019 CEC)
E. Armory
• Dedicated exhaust fan on backup power
F. Vehicle Transfer
• Exhaust fans , in high area only with individual Radiant heaters for temperature control
• Exterior louvers with CO-2 monitoring introducing
Outside air as needed.
G. Vehicle Transfer
• Exhaust fans , in high area only with individual Radiant heaters for temperature control
• Exterior louvers with CO-2 monitoring introducing
Outside air as needed.
H. Copy / Print / mail rooms and breakroom areas
• Will be served by low silhouette LG fan coils sized
4747
47 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
appropriately.
• Exhaust fans provided to maintain negative pressure.
I. IDF / Tele-data
• All year round cooling via a stand alone split system air conditioners.
J. Electric Rooms
• No mechanical cooling shall be provided to electrical rooms with no transformers placed within the electrical room.
• Mechanical cooling or exhaust ventilation to all electrical rooms with transformers
K. Janitor Room
• Exhaust fans provided for restroom areas to maintain negative pressure.
4. Load Calculation Conditions
A. Outdoor Design Conditions
• Summer: 87°F db/65°F WB (ASHRAE 0.5% San Luis Obispo, CA) • Winter: 33°F (ASHRAE 0.2%, San Luis Obispo, CA)
• California Climate Zone: 5
B. Indoor Design Conditions
• Cooling: 74°F +/- 2°F
• Heating: 72°F +/- 2°F
5. Plumbing Systems
• Domestic Hot Water will be produced by electric heat pump water heaters. • Low water consuming plumbing fixtures to provide reduction in water use, and associated waste.
• Hose bibbs to be cold water only.
6. Plumbing Materials
• Above ground Domestic Hot / Cold water pipe:
Copper type L soldered 1/2”-2” sil-fos 2 ½” & larger.
• Underground Domestic Cold water pipe: Copper type
K brazed.
• Above ground DWV: No hub cast iron.
• Below ground DWV: No hub cast iron.
• Condensate Drain: Copper type M brazed.
• Natural Gas: Sch 40 black steel.
7. Plumbing Fixtures
• Water closet: American Standard or equal
• Urinal: American Standard or equal
• Flush valve: Sloan or equal
• Lavatory: American Standard w/ Symmetrix faucet
or equal
• Sink: Elkay w/ Kohler faucet or equal
• Mop sink: Florestone w/ Zurn faucet or equal.
• Hand sink: Just w/ Just faucet or equal.
• Kitchen sink: Dayton w/ Kohler faucet or equal.
• Laundry sink: Kohler w Kohler faucet or equal.
• Floor drains: Jay R. Smith or equal
• Carriers: Jay R Smith or equal
• Drinking fountain: Haws or equal.
CONCEPTUAL PLUMBING - FD
F&H CONSTRUCTION & LDA PARTNERS 48
II. Proposed Concept Design and Design Approach
CONCEPTUAL PLUMBING PLAN- 1 ST FLOOR PD
CONCEPTUAL PLUMBING PLAN - 2ND FLOOR PD
4949
49 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
CONCEPTUAL HVAC - 2ND FLOOR PD
CONCEPTUAL HVAC - 1ST FLOOR PD
CONCEPTUAL HVAC - 1ST FLOOR FD
F&H CONSTRUCTION & LDA PARTNERS 50
II. Proposed Concept Design and Design Approach
ELECTRICAL OVERVIEW
Thoma Electric, Inc. will be intimately involved throughout design and construction.
We will take part in meetings continuously throughout the design process to make sure client’s needs are addressed. We will provide construction documents through the permit submittal and update as-built drawings as necessary during construction. We will attend construction meetings as necessary to ensure proper coordination between trades is in place to guarantee a smooth construction process.
The building’s electrical power, signal and lighting systems design will provide occupants with adequate power capacity, convenience and special purpose receptacle outlets throughout rooms and work areas as defined in the bridging documents. It will provide adequate illumination for general use, task and security needs, including manual and automatic controls, power connections for all HVAC and plumbing equipment.
The final design will take into account performance, energy efficiency, robustness, and quality requirements that are intended to meet CEC code and City objectives for the facility. Alternate basis and manufactured equipment may be considered, but the DB teams must submit a substitution request and prove equivalent to the specification requirements.
POWER SYSTEMS:
• PD/FD: New electrical service for both PD and FD will be established at the same location in a new 1000A, 277/480V, 3PH switchboard and will be co- located interior to PD building. Proposed new switchboard will have a meter for each PD and for FD building with separate main circuit breaker – as is a requirement for PG&E services on a single parcel. The PD metered service will sub-feed the PD distribution section which will also be concurrently located in the PD facility, FD will be sub-fed through to the FD building (see below for further description). The new main service for PD will sub-feed two new automatic transfer switches, one serving CEC 708 Critical Operations Power Systems (COPS) loads for critical power systems in the Dispatch and EOC building designations, and one for the remainder of the building which is to be backed up as a CEC 701 legally required systems (refer to below Generator systems outline). 480V, 3PH power will be established for mechanical units, the elevator systems, and lighting systems. Transformers will be placed for sub-feeding the 120/208V distribution, which will provide convenience power throughout the building as well as IT loads and new EV parking (refer to optional alternates which may modify the EV parking requirements). • FD: New electrical service will be established through the customer owned feeder conductors at 480V, 3PH Main Service in the PD building and will sub- feed the FD building switchboard which is to be located interior to the building with one new automatic transfer switch for CEC 701 legally required systems. 480V, 3PH power will be established for mechanical units, and transformers will be placed for sub-feeding the 120/208V distribution
which will provide convenience power throughout the
building.
• Power distribution systems for both PD and FD
buildings will be maintained similar to many other
480V, 3PH power distribution systems for in-building
and site electrical distribution. Complete single line diagram with labels on circuit breakers, panelboard
names, and as-built records will be provided for
identification of systems as installed. Unless supply
chain constraints impede delivery of industry
standard suppliers/manufacturers in unforeseen
circumstances, equipment provided will be by
standard power distribution manufacturers such
as (but not limited to), Square-D, EATON, Siemens,
General Electric, etc. all of whom have manufacturer’s
representatives who service this area.
LIGHTING SYSTEMS
Exterior Lighting Systems:
• PD/FD: Exterior lighting systems will be provided as a combination of building and pole-mounted LED light
sources with full-cutoff dark-sky and occupancy/
dimming controls requirements per CA Title-24.
Light coverage at parking lots and exterior will be as
established by the IES handbook (applicable at the
time of design) and the RFP documents.
• As LED fixtures do not require replaceable bulbs, it is not anticipated that these fixtures will require routine replacement aside from their typical lifecycle, which is anticipated to be between 30,000 to 50,000 hours
or more of useable light output.
Interior Lighting Systems:
• PD/FD: Lighting systems will be provided as LED
light source, be commercial grade and suited for
the application in which they are installed. Lighting
controls will be provided as required to meet Title-24
compliance for dimming and occupancy, including
daylight sensing controls. Light coverage at offices,
break-rooms, evidence rooms, etc. will be established
by the IES handbook (applicable at the time of design)
and the RFP documents.
5151
51 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
• As LED fixtures do not require replaceable bulbs, it is not anticipated that these fixtures will require routine replacement aside from their typical lifecycle, which is anticipated to be between 30,000 to 50,000 hours or more of useable light output.
FIRE ALARM SYSTEMS:
• PD/FD: Fire Alarm products shall be consistent with building codes for initiation and notification appliances in a zoned fire alarm system. Fire Alarm monitoring will be integrated with fire flow generally as well as for the dry-pipe pre-action system (to be provided by others), and with mandatory double- detector check valve located at property boundary.
LOW VOLTAGE SYSTEMS:
• PD/FD: Main site entry for low voltage utility service to be provided by both AT&T and Charter service providers through geographically different locations of the project site (refer to Utility narratives) such that the central point of demarcation for the site is located within the PD MDF for voice/data systems. Standard work area outlets will be provided with Category-6A cabling to serve the connectivity functions of workstations, printers, Voice over IP phone systems, wireless access points, audio/video systems, intercom, and video surveillance systems as outlined on the corresponding provided concept floorplans. Such systems are routed from the serving MDF or IDF interior to each building/floor via the overhead cable tray and into device outlet locations. Interior to the Designated Critical Operations Area (DCOA), the voice/data systems are provided in raceway per California Electric Code requirements, and are routed directly to the MDF whether on the second floor or the first floor.
AUDIO/VIDEO SYSTEMS:
• Audio/Video systems are limited to the EOC/Community room area and meeting/conference rooms. The EOC/Community room will have a motorized projector screen and ceiling mounted projector with a touch-screen control panel to raise/lower and turn on/off the projector at the wall. Additionally, there will be an HDMI cable input within the room to provide signal input to the projector, and speakers in the ceiling for playback of video content. In the meeting/conference room spaces, flat-panel televisions will be mounted to the wall, sized in accordance with ANSI viewing distances but no larger than 86 inches. (1) Cat6a outlet will be provided at the rear of the television for connectivity if necessary.
ELECTRONIC SECURITY SYSTEM:
• PD: Electronic Security Systems will be provided with video surveillance cameras and recording equipment as defined by the City’s pre-selected vendor for device locations both interior and exterior, and serving network/ video-storage equipment will be located in the MDF at PD and the IDF at FD.
Video surveillance system will be powered and controlled via Cat6a structured cabling. Access control will be provided at doors as
listed in the RFP documents and as defined by the
City’s pre-selected vendor, and the system local
controls will be co-located in the MDF. Access
control server for credentialing will remain at City
of Pismo Beach City Hall as it has been advised by
the City’s pre-selected vendor that the server has
sufficient capacity to host the required licensing
and credentialing functions. Additionally, intercom
devices will be placed at main door entrances, and
gate entrances to the facility with controls/interface
for the intercom at each of the Dispatch consoles, as
has been advised by the City’s pre-selected vendor.
Intercom devices at doors will have both camera and
talk-back function.
• FD: Electronic Security systems will only consist
of cameras and intercom and have been placed
in locations as defined by the City’s pre-selected
vendor for video surveillance and intercom. As has
been advised by the City’s pre-selected vendor,
door access hardware will be mechanical only (no
electronic locks/credentials) in the Fire Department
as County Fire personnel will not have access control
credentials.
• PD/FD: No intrusion detection is included, as the
City’s pre-selected vendor has advised that it is not
necessary due to this being a 24-hour occupied
facility.
FIRE STATION ALERTING/PAGING:
• FD: Fire Station Alerting system is provided with 70V loudspeakers located within spacing guidelines of
the RFP with controls associated in each bunk-room
and common areas, along with incident response
television. Loudspeakers will provide audible tones
and speech alerts to FD personnel. Bunk room
light controls will provide different colored alerts for different incident types.
• PD: Paging speakers throughout the building, fed
from zoned amplifiers are placed throughout the
building and at select outdoor locations for minimal
exterior coverage.
F&H CONSTRUCTION & LDA PARTNERS 52
II. Proposed Concept Design and Design Approach
RADIO SYSTEMS:
• PD: The PD MDF will have (2) 4-post rack cabinets with space to house the radio dispatch equipment for PD as provided by the City’s preferred vendor. Power from the UPS distribution system (also on backup generator) and the radio vendor’s own battery backup will be provided at each of the racks to power the dispatch radios. City PD radios in the MDF will interface with the dispatch consoles (Avtec) as provided by the City’s preferred vendor. (8) 2” conduits will be provided to allow for roof-mounted antenna’s at the roof. • FD: No radio equipment for City or County Fire dispatch is contemplated by the RFP, therefore it is not included. We understand that County Fire is dispatched from a Dispatch center in the City of San Luis Obispo.
CALIFORNIA ENERGY CODE:
• PD: New ~50kW-DC solar (PV) system will be installed along with new minimum of ~88kWh Battery Energy Storage System (BESS) to store locally produced solar power as is required by 2022 California Energy Code. Batteries as provided under this scope will NOT act as backup power. BESS and PV system will be tied “ahead of the main” – meaning that these systems will only operate when the utility grid is operational, as is the utility requirement.
• FD: Existing ~51kW-DC solar (PV) panels will remain in place on the existing canopy (though may be non-producing during some portion of the construction duration while they are being re-connected), and will be re-strung to a new 480V 3Phase PV inverter(s) which will be grid-tied into the same distribution as the proposed PD facility. FD will NOT be provided with additional Battery Energy Storage System (BESS) as it is not required per 2022 California Energy Code, therefore no additional BESS will be provided beyond that which is included for PD. • Such systems are relatively new to the marketplace as the effective 2022 California Energy Code is the first code cycle to implement BESS within specific building types. Maintenance for such systems is typically on a 7-10 year lifecycle which is typical of most installed battery systems, terms of which are outlined in the manufacturer’s parts/labor warranty.
SOLAR PANEL LAYOUT
5353
53 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
GENERATOR SYSTEMS:
• A single site generator will be provided at approximately 500kW, 480V, 3PH, (though this may be upsized through the various Additive Enhancements, refer to respective narratives) to power both the PD and FD facilities for a min of 72-hours of run time. The generator will be routed through an appropriately sized Generator Connection Panel (GCP) in the event that the site generator needs to be serviced or is inoperable, such that a temporary generator may be attached to provide backup operation of the facility while allowing for the maintenance to occur. Providing a single generator also simplifies the approach for demonstrating compliance with local Air Pollution Control Districts and emissions mitigation efforts. The generator is located on-site in an area protected by bollards for added hardening of the infrastructure. In order to provide 72-hours of runtime for the generator, a ~3000-gallon con-vault will need to be located on-site with an integral transfer pump (with controls) to provide the fuel run-time (though this may be upsized through the various Additive Enhancements, refer to respective narratives).
• Generator systems for the PD and FD buildings will be maintained similar to any other 480V, 3PH generator prime movers for required emergency backup systems, and require regular testing by the Owner (weekly), and yearly load-bank testing to demonstrate compliance to carry the backup load (monthly and yearly testing is not included in the price of warranty/guaranty). Unless supply chain constraints impede delivery of the generator from the industry standard suppliers in unforeseen circumstances, equipment provided will be provided by industry standard backup generator manufacturers such as (but not limited to), Caterpillar, Cummins, Kohler, Generac, etc. all of whom have manufacturer’s representatives who service this area and have provided generators for essential services on many projects throughout the state of CA.
DRY UTILITY
Power
• PG&E currently provides aerial overhead service to the former grammar school location, which will be demolished as it will not be reused. New PG&E facilities to PD and FD will be established by bringing 12kV primary from the existing overhead PG&E facilities on the West side of Bello, down the power pole at the corner of Bello and Hollister Ave., and to a proposed new padmounted transformer. New 277/480V, 3Phase single service will then be routed into the PD building to establish three new metered services within the PD building, one for PD, one for FD, and one for the photovoltaic system, respectively from the single transformer and point of connection location, creating two new electrical services, one for each facility at 480V, 3Phase, and a separate generating meter (under PG&E’s “NEM2V Storage” option) for the photovoltaic system.
Existing 120/240V, 1PH service will be maintained to the existing PD building until November of 2023 when the Owner has committed to vacating the PD building for construction activities. Upon moving out of the existing PD facility, existing 120/240V, 1PH electrical services will be demolished in preparation for remodel into the proposed new FD. The existing 3-bay apparatus bay is also served by a separate existing PG&E overhead. The PG&E service on the existing 3-bay apparatus bay will be demolished as schedule permits. Refer to Owner requested enhancements for modifications to this strategy should alternates be selected.
Low Voltage Utilities:
• For the proposed new PD facilities, AT&T has existing fiber service and existing telephone service located at the existing power pole at intersection of Bello and Hollister Ave. New (1) 4” will be extended across Bello Street and onto the property approximately located near the alleyway entrance, and to a new 24”x36” pull-box per RFP requirements and (3) 4” conduits will be extended from proposed new pull-box into PD MDF. Charter CATV has existing overhead routing (does not serve the site) to the North side of the project along the project frontage adjacent to Wadsworth Ave (refer to below for undergrounding strategy). During undergrounding activities as outlined below, proposed point of service for Charter CATV will be to provide new 24”x36” pull-box per RFP requirements, and extend new (3) 4” conduits per the RFP into the PD MDF. In providing these locations and this routing, the facility will establish two geographically diverse locations and feed points from separate serving utilities into the PD MDF which will establish the overall site MPOE.
To serve the new FD IDF, the PD MDF and FD IDF will be connected with (3) 4” conduits and the buildings will be connected with a 24-strand OS2, armored, single-mode fiber optic cable and a customer owned CATV cable.
F&H CONSTRUCTION & LDA PARTNERS 54
II. Proposed Concept Design and Design Approach
Undergrounding:
• Along Wadsworth Ave. existing 3-phase PG&E power and Charter CATV exist along the project frontage and will need to be undergrounded between the two existing power poles per City of Pismo Beach requirements. DBE will work with Charter and PG&E to provide trench details sufficient to underground each facility. PG&E may require guy wires and/or additional supporting infrastructure under their own design requirements, which will be established upon the project proceeding into PG&E engineering phase. Be advised that PG&E may require additional poles to be installed to support the required undergrounding both along Wadsworth as well as establishing 12kV service at Bello Street.
CLARIFACTIONS
Please find below the assumptions, clarifications, exclusions to Thoma Electric’s scope of work related to power, voice/data, IT, Telecommunications, Audio/Video, Security, etc. References to “we” or “our” refer to Thoma Electric, and assumptions or clarifications stated below are those that form the basis upon which Thoma Electric has provided our scope/fee proposal. Refer to the below list:
1. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Electrical Service” we assume that the requirement of a new electrical service applies to the project as a whole and that utility metering may be separate for each building, however, implementation of the electrical distribution on-site is at the discretion of the Thoma Electric.
2. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Electrical Service” we assume that maintaining the existing electrical service is at the option and discretion of Thoma Electric, therefore any requirement for upsizing is at the discretion of the Thoma Electric.
3. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Distribution” we assume that the indoor rated enclosures requirement pertains to branch panelboards only since the phrase uses the word “Panels”. Some larger distribution equipment may not be sized to fit interior to the building, which shall be at the discretion of Thoma Electric.
4. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Emergency Power” we note that in Section 3(b)(i) (1)(f) of the Technology Design Specifications that a 10-15kVA UPS has been listed, however, in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP. Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
5. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” we assume that any and all requirements for site services and low voltage systems that have been outlined by the Owner’s retained consultant Client First, have been provided in the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation.
The scope of work provided in this proposal exclude future requirements or determinations regarding design decisions by ClientFirst.
6. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” we assume that requirements for the size of rooms and spaces for Radio, IT and LV systems have been determined to be adequate as outlined in the RFP documents through the room data sheets.
7. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” references to “aim for 200’ maximum cabling distance” directly contradict other references within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. The Technology Design Specifications allow for up to 250-feet between serving Telecommunications Rooms (refer to Section 3(b)(i)(3)(a)(iii)) before requiring additional serving telecommunications infrastructure.
Therefore, in accordance with allowable best practices, BICSI standards, and EIA/TIA standards, Thoma Electric has designed to the maximum code allowed 90-meters for cabling distance and placement of IDF/MDF rooms as required by Section 3(b)(i)(3)(a)(iii).
8. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference for “Cabling to have 2 pathways for redundancy. One entrance facility is acceptable” is considered to only apply to the serving utility provider’s MPOE (Minimum Point Of Entry) and serving utility conductors. Thoma Electric’s assumption in this manner is consistent and supported by Section 4(e) entitled “Telecommunications Entrance Facilities” within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. Therefore, all telecommunications data infrastructure within the building, including, but not limited to work area outlets, wireless access points, access control devices, dispatch console outlets, etc. are served from a single, non-redundant
5555
55 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
pathway interior to the building.
9. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to “MDF/IDF facilities to include fire suppression system” is considered to have been met by providing a dry-pipe type fire suppression system as specifically allowed in Section 3(b)(i)(1)(i) and Section 3(b)(i)(3)(i) each of which are entitled “Fire suppression in room” within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. No gaseous fire suppression is included.
10. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to “Security Camera Locations and type of system sketch provided by Architect” does not have a corresponding “sketch” included within the RFP documentation which outlines the camera locations and types. Therefore, we assume that the requirement for camera coverage is considered to have been met by coordinating with the Owner’s pre-selected security vendor (SOV) for camera locations within the project. Camera locations, video recorders, servers, licensing, etc. added after review by Owner will be considered at added cost.
11. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the bullet point to “Review with owner for City standards with regards to: Fire Department Controls for Dispatch and emergency calls” does not outline a specific project requirement at time of proposal. Therefore, we assume that this requirement is met by providing a Fire Station Alerting System.
12. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to the Uninterruptable power supply for critical Low Voltage Systems calls for the need to coordinate “between Low Voltage design and Electrical distribution design … to provide complete resiliency per the City’s standards.” The City’s standards as provided in Section 3(b)(i)(1) (f) of the “Technology Design Specifications” with an issue date of November 10, 2022, state the requirement for a 10-15kVA UPS, however, in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP. Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
13. Regarding Section 3(a)(i) of the Technology Design Specifications – we assume patch cables required are as specified in Section 3(f)(xi).
No other patching length/style options will be provided beyond that listed in Section 3(f)(xi).
14. Regarding Section 3(a)(v) of the Technology Design Specifications – we assume that acceptable cabling pathway as listed in this section will not preclude the use of J-hooks as is allowed in Section 3(f)(vii) allowing J-Hook supports for cabling.
15. Regarding Section 3(a)(vii)(1) of the Technology Design Specifications – no size for conduits between vehicle storage and the Police Department MDF is specified, therefore we assume that conduit sizing is deferred to Thoma Electric’s judgement and code requirement.
16. Regarding Section 3(a)(viii) of the Technology Design Specifications – we assume that no patching will be performed by Thoma Electric, all patch cables procured will be provided to Owner for Owner’s staffing to make final connections of all structured cabling.
17. Regarding Section 3(a)(xv) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/ raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
18. Regarding Section 3(a)(xvi)(1)(c) of the Technology Design Specifications – we assume that 1”C is sufficient for (6) Cat6a cables, assumes conduit sized larger is only necessary when specific installation conditions require more than (6) cables in a single raceway.
19. Regarding Section 3(a)(xvi)(2) of the Technology Design Specifications – we assume that conduits as required by this section may be used for structured cabling installation and are not reserved as spare or in any other way in-excess to those which may be required for installed structured cabling for low voltage systems. We assume that firestopping of these penetrations is only necessary where conduits are passing through a fire rated assembly. We assume that the comment in this section of the RFP referring to “conduit grouted to a wall” is referring to a conduit being “grouted through a wall.” Where wall is not present between rooms or partitions (in some locations a full height wall may not be present) we assume a sleeve is not required. We assume that the installation of conduit sleeves to “all rooms” as required this section apply only to rooms which have accessible ceiling (because conduit sleeves to a location without accessible ceiling do not benefit the Owner). Additionally, we assume that conduit sleeves may allow cable to pass through from room to room if adjacency of rooms permit, and therefore installed sleeves do not need to route through an adjacent room in order to establish one continuous pathway from room to cable-tray.
20. Regarding Section 3(a)(xvi)(6) of the Technology Design Specifications – We assume that “oversized neutral” is applicable only to branch-panelboard serving feeder. Excludes oversizing of bussing of applicable branch panelboard, oversizing of feeder from upstream distribution panelboard or any upstream infrastructure, and assumes that oversizing of neutral shall be 200% oversized for feeder only. Assumes that for
F&H CONSTRUCTION & LDA PARTNERS 56
II. Proposed Concept Design and Design Approach
oversizing of neutral in branch circuits feeding data outlets, neutral upsize is to next standard wire size (for example, if standard is #12 AWG, then upsized neutral would become #10 AWG).
21. Regarding Section 3(a)(xvi)(8) of the Technology Design Specifications – We assume that conduits as required in Section 3(a)(xvi)(2) are sufficient for low-voltage systems required in this RFP, and that any additional conduit is required if and only if the raceway required of Section 3(a)(xvi)(2) is full.
22. Regarding Section 3(b)(i)(1)(f) of the Technology Design Specifications – in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP. Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
23. Regarding Section 3(b)(i)(1)(g)(v) of the Technology Design Specifications – We assume that testing of bonding differential as required in this section shall be limited to a reasonable and representative test sampling (10% or less) in order to fulfill this requirement, excludes testing of ALL equipment with two-point testing.
24. Regarding Section 3(b)(i)(1)(j) of the Technology Design Specifications – 4-foot clearance referenced in this Section may conflict with the room sizing as listed in the room data sheets for MDF, the room dimensions listed in Section 3(b)(i)(1)(a), and the Data Rack size requirements in Section 3(b)(i)(1)(k). The sizing listed in the above may be in conflict in order to provide 4’-0” clearance as required of this section. We assume that room dimensions listed in the room data sheets for the MDF are satisfactory. Thoma Electric will work with Owner’s IT representative to resolve conflicts in a manner that does not impose cost onto Thoma Electric.
25. Regarding Section 3(b)(i)(1)(k)(ii), (iii), and (iv) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
26. Regarding Section 3(b)(i)(1)(l) – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
27. Regarding Section 3(b)(i)(3)(j) of the Technology Design Specifications – 4-foot clearance referenced in this Section may conflict with the room sizing as listed in the room data sheets for the IDF, the room dimensions listed in Section 3(b)(i)(3)(b), and Data Rack size requirements in Section 3(b)(i)(3)(k). The sizing listed in the above may be in conflict in order to provide 4’-0” clearance as required of this section. We assume that room dimensions listed in the room data sheets for the IDF are satisfactory. Thoma Electric will work with Owner’s IT representative to resolve conflicts in a manner that does not impost cost onto Thoma Electric.
28. Regarding Section 3(b)(i)(3)(k)(ii) and (iii) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
29. Regarding Section 3(b)(i)(3)(l) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
30. Regarding Section 3(d)(5) of the Technology Design Specifications – assumes in underground applications no seismic expansion joint is necessary. Additionally, we assume that the listing for (3) 4” conduits applies only to the routing between the MDF (in the PD building) and the IDF (in the FD building), the scope proposal does not include (3) 4” conduits to the existing fire station apparatus bay because no IDF is located there.
31. Regarding Section 3(d)(6) of the Technology Design Specifications – assumes that requirement for not exceeding 270-degrees of bend applies to routing between site pull-boxes, and that if total bend exceeds 270-degrees within any single conduit run that another pull-box may be added to allow for freedom of routing on-site.
32. Regarding Section 3(e)(i) through 3(e)(xiv) of the Technology Design Specifications – assumes that the term “location” means one data cable and therefore one jack position (as is explicitly described in Section 3(e)(ii)). In applying that definition to all sections (i) through (xiv) we assumes that “1 pair of 2 data locations” represents a single work area outlet with a single faceplate and two jack positions total, with two cables total, within the same single faceplate.
33. Regarding Section 3(e)(x) of the Technology Design Specifications – we exclude voice/data outlets at each Access Control door. Access Control system as specified by Owner’s pre-selected vendor (SOV) operates on non Cat6A twisted-pair cabling and therefore we assume that access control doors do not require voice/data outlets at each door.
34. Regarding Section 3(e)(vii) of the Technology Design Specifications – clocks are not referenced in the narratives, specifications, or the low voltage technical specifications, therefore we assume that no clocks are required and therefore no infrastructure for clocks are provided.
35. Regarding Section 3(f)(vii) of the Technology Design Specifications – note that J-Hooks are allowed in accessible ceilings per this
5757
57 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
section.
36. Regarding Section 3(f)(ix) of the Technology Design Specifications – we assume that firestopping is only required where a sleeve passes through a fire-rated assembly, otherwise we exclude firestopping in non-rated assemblies.
37. Regarding Section 3(f)(xi) of the Technology Design Specifications – we assume that patch cable lengths are to be provided as specified in items (1) and (2) in this section, lengths or types required by Owner different than those listed are excluded.
38. Regarding Section 3(f)(xii) of the Technology Design Specifications – we assume that the labeling for the workstation refers to the faceplate only, not patch cable ends.
39. Regarding Section 3(f)(xv) of the Technology Design Specifications – we assume that firestopping at openings only applies to walls/ floors that have a fire rated assembly, we exclude firestopping on conduits penetrating non-rated assemblies.
40. Regarding Section 4(a) of the Technology Design Specifications – we assume that all telephone handsets, servers, software, software licensing, routers, call managers, switches, PoE injectors, etc. associated with Voice over IP (VoIP) systems are provided and installed by the Owner.
No costs are included in this proposal for procurement, installation, commissioning, or setup of these systems.
41. Regarding Section 4(e)(4) of the Technology Design Specifications – we assume that Owner has made provisions for any rack space required for Dispatch telephone equipment in the bridging documents space planning as provided in the MDF room Data sheets provided in the RFP. No additional locked cabinet is provided in this proposal.
42. Regarding Section 6(f) of the Technology Design Specifications – we assume that Owner will provide the necessary software and/or networking requirements to provide secure wireless. We assume that the requirement for “secure wireless for staff” is not a function of structured cabling, therefore no costs for making wireless secure are included in this scope/fee proposal.
43. Regarding Section 7(a)(iii) of the Technology Design Specifications – the required size of the projector screen as listed in this specifications section may not meet that of ANSI. Pre-bid RFI’s answered by the Owner allow for the implementation of screen sizing based on ANSI recommended viewing distances, therefore projector screen sizes are provided in this proposal based on ANSI recommendations.
44. Regarding Section 8(b)(i)(7) of the Technology Design Specifications – we assume that plenum rated cabling shall only be required where cabling is routed through plenum rated spaces. Thoma Electric excludes providing plenum rated cable through non-plenum spaces. Plenum spaces are not indicated and therefore Thoma Electric is not providing plenum rated cabling.
45. Regarding Section 8(b)(i)(7) of the Technology Design Specifications – we assume that the definition of “Blank Module” as listed in this requirement is defined as a second jack-position for a future cable, and future modular jack to be placed. “Blank Module” is assumed to mean that no cable, no jack, and therefore no termination is required of this second jack position.
46. Regarding Section 8(b)(i)(10) of the Technology Design Specifications – we assume that pathways required for installation of cabling of Video Surveillance systems may be shared and are fundamentally the same as those defined in other sections of the RFP Technical Design Specifications (for example, in Section 3(a)(xvi)(2)). Therefore, we assume that pathway may be shared or otherwise utilized as defined in other sections of this specification.
47. Regarding Section 8(b)(i)(11) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/ raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
48. Regarding Section 8(c)(ii) of the Technology Design Specifications – we assume that pathways required for installation of cabling of Access Control systems may be shared and are fundamentally the same as those defined in other sections of the RFP Technical Design Specifications (for example, in Section 3(a)(xvi)(2)). Therefore, we assume that pathway may be shared or otherwise utilized as defined in other sections of this specification.
49. Regarding Section 8(c)(iv)(3) of the Technology Design Specifications – For the Fire Department, we have been instructed by the City’s IT department to not include a Fire Department Access Control System within the Access Control scope of work because of the nature of Cal Fire employees not being City employees. Instead, mechanical locks with levers and key-cores have been requested to be provided in the future by a vendor of the Owner’s choosing. Therefore, we have excluded an access control system within the Fire Department including any power, readers, networking, cabling, infrastructure, conduit, etc. for powered access control locations.
50. Regarding Section 8(c)(iv) of the Technology Design Specifications – Zones as provided in the RFP response have been directed by City’s pre-selected vendor (SOV) and as such constitute the requirements for access-control locations placed on the DBE. Additional doors as directed by the City may be considered at added cost.
51. Regarding Section 8(d)(i)(2)(c) of the Technology Design Specifications – There may be instances where Intercom cabling cannot be
F&H CONSTRUCTION & LDA PARTNERS 58
II. Proposed Concept Design and Design Approach
provided with a 1-foot of separation from AC sources, therefore we assume that where crossing at a 90-degree angle, separation of conductors will be acceptable at any distance, and running more than 12-feet in length in any single route, while in parallel to a 120V source, less than 1-foot of separation will be prohibited.
52. Regarding Section 9(a)(i) of the Technology Design Specifications – Supports for the antenna structures are provided at the parapet walls or mechanical screen walls independent of apparatus as referenced in this section, as has been discussed with City’s recommended radio vendor (ATG). Therefore, no additional penetrations or supports have been included as the support apparatus is similarly not included.
53. Regarding Section 9(b)(i)(1) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/ raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
54. Regarding Section 9(d)(i) of the Technology Design Specifications – As required in Section 9(d)(i)(1)(a) and (b) the radio surveys only for bi-directional antenna are provided, therefore per 9(d)(i) Thoma Electric excludes any additional raceway, wiring, switching, power, controls, electronics, licensing, etc. to provide a bi-directional amplifier for either the PD or FD facility.
55. Regarding Section 9(d)(ii) of the Technology Design Specifications – the RFP clearly does not require a small-cell network for cellular coverage system to be installed, therefore Thoma Electric assumes it will not be required and is therefore excluded from the scope of work in this proposal. Assumes that if major loss of signal is identified during surveying work required under this section, then costs of all work related to addition of interior small cell network for cellular will be identified as additional to the base scope of work and added to Thoma Electric’s contract.
56. We assume that the City of Pismo Beach IT will provide analog audio sources as inputs for the Police Station Public Address system.
57. Assumes Owner will take ownership of all software licensing and/or operations agreements upon Owner’s occupancy, Software terms, usage terms, and any required licensing are passed through to end user as-is upon Owner’s occupancy. Software licensing or yearly subscriptions of low voltage systems is valid for the following durations (proposal excludes any software licensing or subscriptions for any systems that are not explicitly listed below):
a. Access Control – 1-year
b. Fire Station Alerting System – 1-year
58. Assumes that any licensing agreement or authorization for radio systems installed under this project with local, state, federal, or any other jurisdiction, including any payment of fees, is separately provided by Owner direct to licensing agencies. No costs are included in this proposal for radio licensing or authorization to transmit.
59. Assumes that Owner already has an existing AMAG SSA (service agreement with existing Access Control Server equipment) located at City Hall in Pismo Beach. We assume that costs for adding access control doors and credentials under this proposal will constitute an addition to the existing service agreement with a 1-year term only. Agreement terms and conditions to be separately negotiated by Owner.
60. Assumes that upon establishing new Utility point of demarcation of serving low-voltage utilities (Charter/Spectrum and AT&T) that City of Pismo Beach IT services will coordinate with all other non-DBE provided equipment and services vendors or contractors for incorporation of their equipment, commissioning, licensing, setup, migration, etc. as required for fully functional dispatch operations. Thoma Electric excludes project management time, labor, equipment, materials, etc. to coordinate with Owner’s separately retained vendors or contractors for low-voltage services unless explicitly included in this proposal.
61. Assumes that the Owner will provide all necessary points of connection with analog or IP based input/output for integration with low voltage systems such as, but not limited to, the Fire Station Alerting System, Paging, etc. Such input/output equipment/jacks/locations/etc. are assumed to be provided at MDF by the Owner.
62. Assumes Owner has arranged any and all provisions for power, utility, or low-voltage service for temporary relocation of any and all fire and police operations. Excludes all design and construction services for setup/teardown/relocation of existing or new temporary services off- site or on-site for any power or low-voltage services that may be required for police or fire operations to continue after Owner vacates the site for construction activities.
63. Assumes that Owner has separately procured the Computer Aided Dispatch (CAD) systems, if necessary for this project. As no CAD system is required by the RFP, none is provided, and therefore we assume that any servers, workstations, monitors, peripherals, hardware, software licensing, recurring usage fees, etc. required to operate a CAD system shall be provided and installed by Owner.
64. Assumes that Fire Alarm monitoring service will be transferred to Owner immediately upon Owner occupancy, and that any recurring fees, licensing, etc. associated with monitoring of Fire Alarm system shall be transferred to Owner.
5959
59 City of Pismo Beach - New Public Safety Facility
II. Proposed Concept Design and Design Approach
ELECT -FIXTURE BASIS OF DESIGN
ELECT SITE PLAN
III.
Base Project Pricing
F&H CONSTRUCTION & LDA PARTNERS 60
III. Project Base Pricing
Proposal Forms
IV.
PRICING VOLUNTARY ENHANCEMENTS
F&H CONSTRUCTION & LDA PARTNERS 61
IV. Proposal Pricing Enhancements
VOLUNTARY ENHANCEMENTS
Our team has identified several enhancements for the project. Most of them enhance the functional capability of the facility. Others reflect modifying the aesthetic of the facility to create a less institutional facility. Our experience has shown that public construction that appears “institutional” to the general public, have negative connotations. These enhancements were born from discussions within our confidential meetings.
AE-2 Narrative
• Proposed Additive Enhancement under this option is to provide the infrastructure (and connected load for electrical capacity) for a new 150kW (170kVA) fire truck charging station to support the future apparatus. The affected specifications and bridging documents section are Division 26 and electrical. Such change also requires that the electrical distribution for the automatic transfer switch, main electrical service, distribution equipment, copper feeders, generator, and on-site fuel storage need to be up-sized by a minimum of 150kW additionally (estimated to need a 750kW generator with 4000-gallon exterior fuel tank under this option) to support the added load as proposed under this Additive Enhancement. This change means that the main electrical service may need to be up-sized to 1200A, 277/480V, 3PH and the FD transfer switch and distribution is similarly up-sized to support the added 150kW. Benefits to the city are that the future charger can be added in the future (by a licensed electrician) to support a single apparatus which can charge at 150kW (170kVA) or less, and that this apparatus will be capable of charging even during a utility-wide power outage.
AE-3 Narrative
• Proposed Additive Enhancement under this option is to provide the infrastructure (and connected load for electrical capacity) for four additional ~8.32kW (level-2) electric vehicle chargers, beyond that required by Cal-Green for added site parking. The affected specifications and bridging documents section are Division 26 and electrical. Enhancement will require additional power distribution equipment including site pull-boxes, pedestal locations for charging stations, conduit pathway (wire installed at future date), spare circuit breakers, and subsequent possible higher level electrical distribution upgrades including a larger 480V transformer, larger transfer switch, and larger 480V main electrical service and associated copper feeders. Additionally, this enhancement would require the generator (and associated fuel storage) to be up-sized to an estimated 600kW as a result of the added load. Benefits to the City include the operation of additional fleet and/or staff charging for Electric Vehicles, on a generator backed-up source, at Level-2 charging rates. NOTE: this enhancement excludes the provisions discussed/required for AE-2.
AE-4 Narrative
• Proposed Additive Enhancement under this option will require additional PG&E infrastructure including new pad-mounted junction, new 12kV underground feeders, and new 12kV transformer (all performed by PG&E), and new metered electrical distribution service. The affected specifications and bridging documents section are Division 26. Proposed new EV-only transformer under this Additive Enhancement will establish a separately metered electrical service within the FD electrical room, which in turn will sub-feed the 150kW (170kVA) charging apparatus as outlined in the AE-2, as well as sub-feed a new customer-owned 480V to 120/208V transformer and then out to the EV charging stalls on-site in the secure lot behind the PD building as well as the proposed new code-required EV parking. Under this proposed enhancement, a major component for consideration will be that the infrastructure for normal power would be separated from the base-scope proposed power distribution and therefore will need to be backed up by the generator on a separate generator distribution feeder. Therefore, in order to implement this Additive Enhancement, the facility will require the generator (and associated fuel storage) to be up-sized the same as outlined in Additive Enhancement AE-2, and require installation of a new and separate Automatic Transfer Switch, emergency circuit breaker and emergency power feeder to be installed such that the EV and FD apparatus chargers will have the distribution equipment required to operate on backup generator. The benefit of this enhancement is that the City may benefit from slightly lower installed cost by PG&E, and possibly by lower cost to operate the EV apparatus on a cost per kWh basis (note that Thoma Electric cannot predict PG&E’s fees for construction nor the utility rate scale paid by the Owner).
6262
62 City of Pismo Beach - New Public Safety Facility
IV. Proposal Pricing Enhancements
7. ENHANCED SITE
17. MEMORIALS
7. ADA RAMP
VALUE ADDED ENHANCEMENTS
Our proposed design includes several value added enhancements to improve upon the user functionality, efficiency,and comfort for the life of the facility. These include:
1. Added program spaces within the building (Included) - refer to deviation report
2. Moved exterior vehicular storage for better vehicular movements
3. Enhanced site layout for better site circulation
4. Negative pressure Temporary Evidence Storage with enhanced ventilation
5. Upgraded flooring in Locker rooms
6. Upgraded ceiling height - 9’-0” min
7. Enhanced ceilings at public lobbies
8. Two exterior outdoor lounge on second floor
9. Added Elevator equipment room
10. Outdoor lounge for Fire Department
11. Added 2 monument signs
12. Added exterior PD locker for “war-bags”
13. Exterior secure pedestrian access to church site
14. Added storage in FD apparatus bay
15. Revised ADA ramp and landscaping at PD
16. Upgrade FD entry plaza
17. PD & FD memorials along public way
Redwood Integration
We are proposing to integrate the harvested redwood tree lumber into the enhanced ceilings at the lobbies of both facilities. The redwood lumber would be milled into the beam ceiling treatments and trims so that visitors to each facility can enjoy the heritage of the site.
V.
PROJECT MANAGEMENT PLAN
F&H CONSTRUCTION & LDA PARTNERS 63
V. Project Management Plan
PROJECT MANAGEMENT PLAN
“F&H and LDA are on the job.”
F&H Construction (F&H) prides itself on being a goal-oriented General Contractor with nearly 60 years of experience managing projects with a keen focus on design quality and fast-track construction. While each project is unique and challenging in its own way, our familiarity with the project type, and the design-build delivery method translates into one thing for the City of Pismo Beach – smooth and easy success in providing a new Public Safety Facility for the City. We have once again teamed with LDA who is becoming the region’s premier firm for design-build and integrated design projects. Within the past 10 years alone, LDA has participated in over 50 projects by serving as either the Bridging Architect or as the Architect of Record. F&H and LDA thoroughly understand the process and benefits of an integrated design approach. The team recognizes the challenges completing the design process with cost control and budgeting efforts, while maintaining the design intent and program. We are prepared to start immediately on this exciting project! F&H’s managerial approach to the proposed City of Pismo Beach Public Safety Facility project features use of design-build professionals, structured in an interactive design-build team to minimize time required to implement the project, ensure a high degree of project adaptability, and maintain a high degree of project quality and safety. The key to an effective design-build process is to integrate both design and build resources throughout the project so that technical issues may be addressed pro-actively during project execution.
Since our Team consists of many of the same members of the recently completed County of San Luis Obispo Animal Services facility and its New Probation Department Building, our Design & Construction Team has already developed solid relationships. Our Design Team regards our Construction Team members as a resource during the design phase; our Construction Team will regard our Design Team as a resource during the construction phase.
The construction management effort includes continuous project oversight for the length of the project, including day-to-day management of resources, budget tracking and review, weekly liaison with City staff and other personnel as required, telephone conversations, file management, conflict and problem resolution, project staff management, accounting contracts administration, and project control. F&H’s designated focal point for integrating the total data management effort and manage changes, additions or deletions of data items on-site is Mr. Corbett, and off-site Mr.
Seibly. Best value subcontractors will augment these personnel. We have and will continue to select qualified industry subcontractors through a qualifications and competitive bid process.
F&H’s integrated project delivery methods provide single-source responsibility for engineering, repair, and management services from concept through completion. Combined, the F&H Team has an established history of providing services reflecting a significant institutional knowledge of how to work effectively with public works customers. The F&H team’s past performance and client satisfaction are the standards by which we judge our successes. Our past performance has been outstanding as shown by key quality indicators such as client and regulator commendations, awards, history of compliance with delivery schedule, cost control, quality of work, and re-selection for continuing services with a variety of clients.
A record of excellence, coupled with a dedication to customer service, establishes the framework for ensuring the delivery of on time, on budget, and high-quality support for the New Public Safety Facility.
A. ORGANIZATON & LINES OF COMMUNICATION
The key to effective coordination is to provide the City with a single point of contact: Mr. Stephen Seibly. Mr. Seibly’s authority penetrates to every level of the Design and Construction Team. As such, Mr. Seibly will provide any and all team resources to confer and coordinate with the City at all times through the entire duration of the project.
Clear Communication is vital to the success of a design-build project. As a result of our highly interactive approach that goes beyond our expected on-time and on-budget objectives. Culminating in a project that when delivered, embodies the guiding principles outlined in the RFP. It will also be completed as a result of the actions of many professionals working as one, achieving excellence in safety, quality, sustainability, and integration into the local community.
6464
64 City of Pismo Beach - New Public Safety Facility
V. Project Management Plan
Our first role to each project task is to listen. By beginning each task by listening to the client and, most importantly, the end users, we are able to understand the critical issues that define a successful project from the client’s perspectives, both young and old; City and citizen. We have found that working with a one–on-one approach with the client fosters trust, understanding, and helps make the client an integral part of the project team. This approach helps foster trust amongst the many entities that have ownership or interests within the new facility. We understand that the wants and needs, and what makes a project successful from a community or individual perspective, are in many cases dramatically different from those of the City level. Our team has significant experience in bridging that gap, finding the common core elements, and creating spaces that everyone agrees on. Most importantly, we understand how to create spaces that minimize maintenance costs and allow for revenue generation.
This helps ensure the project’s success.
We understand the needs of the City and recognize that we will need to meet the following goals and concerns of the City. We have identified the following items that need close attention on this project, and they are as follows:
• Providing for the safety not only the construction workers but the staff and general public as well, • Minimize disruptions to activities in the area during construction, • Low maintenance and safety via design,
• Spaces that are appropriately scaled to the needs of the facility, • Design compatibility with the needs of the City,
• Design that promotes City pride.
We believe in a positive working relationship with open-book communication, the use of time-tested management methods and collaborative planning to ensure our success. As stated previously, communication on our team, and to the client, is open and flowing. We have found that the most successful projects have a foundation of open communication from all parties and that the best way to prevent or solve a problem is to utilize the collective experiences and insight of others. Our team uses a structured approach to avoiding potential “rocks in the road” by engaging the client/user in all aspects of the design and construction process and promoting “partnering” and interactive decision- making. This includes setting up an on-going project team structure with the client, user group representatives, and ourselves. We will use a highly interactive client- consultant process to maintain quality communication and direction.
1. Electronic Communications & Electronic Management System Our team’s familiarity with public works facilities provides us with the strongest possible insight to the pre-planning and construction processes.
Our staff of certified professionals brings over 100 years of combined pre-construction experience. Our method of pre-construction services incorporates many aspects essential to our proven success including the collaboration and coordination through document management being a key item that comes into play in order to meet the goals of a project of this size. F&H uses Procore management software, which allows all team members, including the City, Architect, design consultants and subcontractors a live look at the project. Specifically, the following items can be viewed:
• Plans, plan addenda and RFIs can be uploaded and the latest plans will be displayed, • Specifications, addenda and RFIs can be uploaded and the specifications will be updated, • Schedule updates can be viewed with the latest monthly update, • RFI logs will be displayed and each item will show its status, whose court it is in and how long they have had each item, • All current Change Directives and Change Orders can be seen and within whose court it is in, Our Design and Construction Teams rely heavily on electronic communications and modern technology. • Email – We rely heavily on email and the electronic files that can be conveyed in this medium. • Teleconferencing – All members of our team have accounts with and regularly use Teams, Zoom, Skyp and GoToMeeting for weekly and impromptu communication.
• Plans – Our combined platforms accommodate Revit and AutoCAD for both viewing and printing. • Procore management software - including the City, Architect, design consultants and subcontractors’ access to the project.
F&H CONSTRUCTION & LDA PARTNERS 65
V. Project Management Plan
2. Meetings and Conferences
Our team will meet regularly outlining goals and strategic objectives putting the project first and openly discussing risk and reward factors to maximize value for the project and City of Pismo Beach. Communication includes holding weekly meetings / working sessions with all stakeholders to review and address everything from safety & security, VE options, job progress, RFI’s, QA/QC and submittals to pending changes and/or pricing. At the same time, our team establishes joint preconstruction startup meetings for each of the major trades and at major milestones to review quality expectations and requirements of their work. This dedicated communication and commitment of our experienced team extends through all aspects of the project, from preconstruction, through construction, to close out, and through complete commissioning of the project.
Our Design and Construction Teams have met regularly and productively during this initial bid period. We expect our Design Meetings to continue from the 75% stage to the 100% stage, with City participation. After award, we will initiate a project “Kick-off Meeting.” All project stakeholders will attend this meeting to establish roles and responsibilities, and the “rules of the road” for building the New Public Safety Facility.
After an initial “Kick-off Meeting,” we will conduct bi-weekly coordination meetings with the City at the project site. We will also conduct weekly subcontractor meetings. Mr. Seibly will be available – either in person or via communication device – for any and all meetings with the City. He will assign necessary support staff to conduct and attend all meetings with the City
3. Contract Administration and Procedures & Conflict Resolution The contract administration will be coordinated, and all unlisted portions of the project will be bid by F&H Construction’s Estimating and Preconstruction team. This team will be headed by Stephen Seibly and they will handle all aspects of the final pricing, documentation and subcontractor listing. Once the subcontractor or supplier has been selected, F&H will provide to the owner a copy of the scope with associated pricing for the owner’s review and reference. Upon approval by both parties, the subcontractor or/or supplier will be processed by the estimating team and they will coordinate and provide the scope and pricing to F&H’s Contracts & Insurance Administrator who will prepare, organize, and coordinate the company’s Client contract, subcontracts, and purchase orders in a timely manner. This activity will be processed through Procore which allows all of F&H’s team members a live view of the documents and their status. During this step, our Risk Manager will oversee all contract procedures to verify that all items are processed and completed correctly. Upon completion of the subcontracts and purchase orders they are turned over to the construction team to administer.
One key aspect of any given project is the RFI process and responses of the team. It is extremely important that responses within the team to RFIs are timely and complete. We understand that changes are to be expected and questions will be asked but working as a team and having LDA’s commitment to a quick turnaround is critical.
“Make a plan of work, then work the plan.” - The City’s project will be set into motion by a well-planned preconstruction process. Our plan will incorporate the fluid management of subcontractors, multiple trades, and crews between facilities. General areas of focus will be:
• Plan review of existing project submittals for constructability and coordination. • Review of upcoming submittals packages to achieve timely review and bidding potential. • Value Analysis / Value Engineering of cost-effectiveness, material selections, general construction practices, and potential problem areas.
• Long lead and specialty equipment items will be identified and tracked so installations will be seamlessly incorporated at the appropriate times.
• Develop and provide phased bid packages to expedite the construction of the facility.
Strong leadership at the top allows people to use a collaborative approach to conflict. Without a clear, communicated vision of where the Team is going, people can get into disagreements that go beyond the surface level as every person in the organization struggles to develop top-level goals and a defining identity. When a strong manager develops a mission and communicates objectives to the team, people have common ground to work from to address conflict collaboratively. What develops from this approach is a positive view of conflict. We create an environment where it easier to work together than to “bump heads.” We create a Team. While a commitment to collaboration and teamwork is a part of our mission statement,
6666
66 City of Pismo Beach - New Public Safety Facility
V. Project Management Plan
conflicts can still arise. We take great pride that in nearly 60 years of corporate history, we have had only a handful of conflicts reach the point of litigation. We seek to find the win-win scenario. We seek to resolve all conflicts fairly with respect and collaboration.
4. Project Scheduling
Our team is made up of experienced builders and we have a proven track record in expediting schedules. Our team understands how long each specific task takes and we have melded the activities in a logical sequence while working together with our scheduler, Joe George. Our team has already prepared a base line schedule, in Primavera P6, and the base line schedule and are including a condensed version in an 11x17 format, into three pages for the proposal. We will have the full schedule available to present during our interview.
F&H understands the project specific risks and challenges associated with public safety facility projects; therefore, we have prepared in advance to mitigate these items. The team has developed the following critical items and dates required to complete the project on time:
• Start of Construction dates required to meet the proposed contract duration, • Subcontractor selection deadlines,
• Critical submittal review schedules for the City and LDA, • Drop-dead dates for Procurement & Delivery of long-lead materials and equipment, • Starting and completion dates for Electrical and Mechanical Systems – they drive the critical path • Weatherizing the site as needed – Early completion of curbs & base rock at driveways and parking lots When preparing our schedule, we reached out to our key subcontractors to receiving their input into the schedule and their commitment to bid your project, if awarded to F&H, this allows us to be confident in our schedule durations.
In constructing every project, there are always specific items that need to be addressed, which is why we advocate schedule collaboration with the City. Working with the City we will identify key dates, needs, and milestones. Once we are awarded the project we expect to sit down with the entire team and together address any concerns. Working back from when the facility is scheduled to start, we need to address the move-in requirements of the staff. Public Safety facilities are subject to unique standards and security measures, which need to be completed correctly and that is what F&H does. We look forward to reviewing this schedule with you and fine tuning any concerns to meet all stakeholders needs.
F&H has over our nearly 60 years of experience building and managing projects and we have developed a keen focus on quality, fast-track/Lean construction, and risk mitigation. F&H has created a strong team of construction professionals with experience in collaborating with agencies and architects to build projects on time.
B. QUALITY ASSURANCE / QUALITY CONTROL
Quality Control is the cornerstone of our design and construction methodology. F&H’s quality policy is based on the fundamental concept that the control of quality is a team obligation that recognizes that quality is built into every aspect of the project. Our team will provide quality products and services that meet or exceed requirements, delivered safely, on time, and within budget. Quality work will be the responsibility of every individual performing the work. Quality will be obtained through appropriate planning and control of work operations and by specific quality control activities such as reviewing, checking, inspecting, testing, and quality surveillance/audit.
The F&H Quality Control Officer will develop a Site-Specific Quality Control Management Plan (QCMP) that will describe the overall policies, program, organizational responsibilities, procedures, and the means of ensuring that all items of work are in conformance with the contract drawings and specifications. Further, the QCMP will describe the processes, procedures and details of reviews and checks that will be performed on the design of the project components, and the inspections and tests that will be performed on construction materials and workmanship to ensure the overall quality of the constructed project.
The QCMP will describe and define participant roles; quality review responsibilities and activities; quality requirements for design/construction integration; the specific quality measures and application instructions; and necessary quality assurance (QA) documentation and verifications to which technical reports, project documents, design drawings, engineering calculations and construction documentation must comply.
F&H CONSTRUCTION & LDA PARTNERS 67
V. Project Management Plan
The QCMP will include:
• A Statement of F&H’s Quality Control Policy, which include our goals and objectives, along with our inspection process; • The names and qualifications of our project representatives, including the QC Manager, the Alternate QC Manager, the SSHO, Project Manager, Site Manager and other QC Specialists;
• The Duties, Responsibilities and Authority of QC personnel, which flow from the corporate level to the project level; • Identification of outside organizations, including the owner’s testing agency, that will support the QC effort; • Appointment letters authorizing the QC Manager and his representatives the authority to stop work and rectify defective work; • Submittal procedures and the Initial Submittal Register, along with deliverable expectations and record documentation requirements; • The Testing Plan and Testing Log
• Procedures to Complete Rework Items, including the control and prevention of non-conforming materials, and the correction and prevention actions employed by QC personnel;
• Documentation Procedures;
• A List of the Definable Features of Work, from procurement through the delivery, storage, handling and placement of all materials; • The Procedures for Performing the Three Phases of Quality Control: Preparatory Phase, Initial Phase, and Follow-up Phase; • A Personnel Matrix for all individuals responsible for Quality Control; • The Procedures for Completion, including Punch List Inspection, Pre-Final Inspection and Final Inspection; • The Training Procedures and Training Log for individuals with project specific Quality Control responsibilities; • And a list of the forms used throughout the Quality Control process.
F&H strongly embraces the concept of quality construction, confident that robust Quality Control practices make for less rework, greater profits, timely delivery, satisfied clients, and structures and physical assets that stand for well beyond their life expectancy. Quality Control is a practice well-ingrained in our work process, and a practice we embrace whole heartedly.
C. SAFETY AND SECURITY
The best Health and Safety Programs involve every level of the Team’s organization. Our Team will instill a safety culture that takes a proactive approach to reduce accidents for workers as much as possible. Safety throughout the project will be ensured through our proven Safety Management Plan, Construction Safety Plan, and trained personnel who have carried out these activities on prior projects.
Our Safety Management Plan will be in compliance with all pertinent provisions of the latest version USACE’s Safety and Health Requirements Manual EM 385-1-1. Construction Safety Methods that will be used on this project include a Project Specific Site Health and Safety Plan, an Emergency Response Plan, an Accident Prevention Pan (APP) with Activity Hazard Analyses (AHA), a dedicated Safety Health Officer (SHO), daily safety tailgate meetings, and required safety training. All of these methods have been successfully implemented on prior projects. If any health and safety deficiencies are identified, then corrective action is immediately implemented by the authorized safety personnel to ensure safe conditions. Specialty subcontractors that perform specific unique activities (e.g., dewatering, placement of reinforcing, etc.) will prepare the safety plans and/or job hazard analysis related to that activity or task. The safety procedures will be reviewed and accepted by the F&H Health and Safety Manager and the procedures will be incorporate into the Safety protocols for the project. All subcontractors will be required to adhere to the Site Safety Plans generated by F&H Construction.
The F&H Construction SHO will develop a Project Specific Site Health and Safety Plan. Typically, this plan will encompass the following topics:
• A Signature Page, which will be a record copy of all individuals working on the site; • Background Information, which will contain project information and the activities that require hazard analysis; • A Statement of F&H’s Safety and Health Policy, which include our goals and objectives, along with our accident avoidance experience; • Responsibilities and Lines of Authority, which flow from the corporate level to the project level, identify the Competent and Qualified Persons, the tools available to them for non-compliance, and our written procedures for holding managers and supervisors accountable
6868
68 City of Pismo Beach - New Public Safety Facility
V. Project Management Plan
for safety;
• Subcontractor and Supplier requirements, including the submission of MSDS information particular to each trade and discipline; • Training and Certifications that are required by individuals performing specific tasks, along with the requirements for emergency response planning;
• Safety and Health Inspections, for both on-site and off-site work; • Procedures for Accident Reporting;
• Site Specific Plans, including spill plans, firefighting plans, respiratory protection, heat/cold stress monitoring plans, float plans, excavation and trenching plans, fall protection and prevention plans, emergency evacuation plan, lift and erection plans, and confined space program plans, etc.
The Project Specific Site Health and Safety Plan will be signed by corporate leadership and will unequivocally establish the SHO’s stop-work authority over F&H and all subcontractor activities.
Our Experience Modification Rate (EMR) for the past three premium years are as follows:
• 2022 – 0.77
• 2021 – 0.80
• 2020 – 1.01
Site Monitoring and Security – We are able to view the project remotely with the use of Oxblue camera system that transmit “live” to any computer with internet access. This system allows the entire team, the ability to watch the construction progress live and view videos of the project over a duration of time. We also provide electronic Tattletale™ devices to ensure site security during construction.
D. UTILITY COORDINATION PLAN
Proposed site utilities will be coordinated with the building connection points based on the interior MEP design. Site utilities will be designed such that they do not conflict with proposed or existing improvements.
The key to this aspect, as mentioned earlier is communication. That entails communication with the City and its various departments, communication with the City, various utility agencies, as well as communication with those who may be on the same lateral or main lines. By engaging the City and other agencies earlier we are better able to determine actual sizes of both wet and dry utilities, as well as head off potential underground conflicts in the field. Additionally we can better resolve any potential upgrades to off site utilities and infrastructure the City may require, These are identified early in the design process with each utility agency so that the necessary deliverables and lead times can be established and tracked.
E. CONSTRUCTION TRAFFIC MANAGEMENT
In conjunction with City staff, F&H will develop a Traffic Plan in order to minimize traffic impact on the community and adjacent City Facilities.
Accordingly, we will develop a Plan that addresses:
• The construction area will be enclosed with chain link fence and gates • Warning signs will be placed near the beginning of the work site and well ahead of the work site to alert approaching traffic • Proposed temporary lane and/or road closures if needed • Assessment of traffic impacts on affected roads during construction hours • Traffic management measures (cones, sign boards, etc.) • Provisions for emergency vehicles, heavy vehicles, cyclists and pedestrians • The effect of proposed traffic management measures in adjoining streets • Proposed notification processes to alert the public in advance of implementation traffic management measures.
F. COMMISSIONING AND TRAINING
F&H CONSTRUCTION & LDA PARTNERS 69
V. Project Management Plan
Specifications for the commissioning of the project will be developed in collaboration with the City and its commissioning agent over the final 25% design phase. The F&H/LDA Team can satisfy the requirements to place each building component and each system into proper service for complete asset delivery at project completion,
OTHER PROJECT MANAGEMENT PLAN CONSIDERATIONS
Storm Water Pollution Prevention
Site specific SWPPP will be created with the certified Tully Consulting Group as the QSD and QSP on the project. Site Specific plan will ensure an effective combination of erosion, sediment control, and dust control in accordance with the current code.
Mitigated Negative Declaration Condition Implementation Implementing the conditions of the MND revolves around a 3 step process that ensures accurate review and the MND and mitigating all conditions
1. Review the Initial Study & Project Information.
This section introduces the project and the MND document and discusses the project description including location, setting, and specifics of the lead agency and contacts well as potential issues. This section summarizes the impacts and lists the mitigation measures identified in the Initial Study and proposes findings that would allow adoption of this document as the CEQA review document for the proposed project.
2. Initial Study Checklist( Exhibit B of the MND). This section discusses the CEQA environmental topics and checklist questions and identifies the potential for impacts and proposed mitigation measures to avoid these impacts, as well as helps understand the rational behind them..
3. Create and implement a mitigation matrix.
The Project Design Manager and the Project architect review each condition of approval as a checklist prior to the submission of DD and CD sets to the City. A simple spreadsheet is created from the Conditions and utilized to determine if the item has been checked off, if it needs more discussion, or is for a separate phase of the project (ie construction related mitigation items). This document is used to show progress and establish who is responsible for the mitigation action ( design or construction). Not only does this show how and when and item was mitigated, but also who was responsible for its implementation.
Systems / Design Confirmation
System and design confirmation is a two part process. Part one revolves around the Project Design Manager ( Daniel Hoff) who is responsible to review the project design against the design intent of the criteria documents as well as engaging the City core team on ways to improve the overall design and function of the facility. In this sense the PDM acts as the liaison between the criteria and the final design. The PDM also verifies pricing in real time ensuring that the project maintains its budget and schedule.
The other process is the responsibility of the deign team and the Project Architect, which is design oversight and record keeping. This begins with the program confirmation phase of the project. Upon selection and ratification of a Contract the design team will hold a confirmation kick -off meeting and charrette. This starts the process of reviewing all decisions to date, the rational for them, and seeing if ideas or processes have changed in that time frame. The design team will review the proposed design with the City to ensure that the right decisions are being made as the project moves forward into construction documents. During the design phase we would propose to have confirmation and design meetings every two weeks through Design Development. This allows the City the full opportunity to review the design while in process. For example, during the programing confirmation process at the San Luis Obispo County Animal Shelter, on-going in depth discussion were held between the County and the Design team. The result was that the County realized that many of the assumptions and recommendations that were part of the criteria documents were determined to be not as important as other items that were omitted from the same criteria. This goes back to why we feel communication between all parties is one of the most important components for the Project Team.
Waste Management
The environmental demands on construction projects continue to grow, as does our need to chart, track and document our recycling and waste
7070
70 City of Pismo Beach - New Public Safety Facility
V. Project Management Plan
management achievements. Accordingly, we will make early contact with the local waste collection firm to plan for all construction and minor demolition generated debris. All required material recycling percentages will be achieved with either on-site or off-site sorting.
BIM Execution
We utilize BIM software (Revit) for all of our projects. This allows the everyone to understand the project in its truest form. Revit allows us to build the project 3-dimensionally before the “first shovel is in the ground”. This proves to be a valuable tool in the design process since we can now “see” potential conflicts before they happen. As the project evolves we can show the client what each space will look like as the design progresses.
Changes can be made in “real time” before the client’s eyes so that input and decisions can be made quickly. For record documents, Revit files can be saved in an AutoCAD format for archiving.
Our pre-construction team is experienced with Building Information Modeling (BIM) technologies allowing for coordination of the unique systems and structures as may be warranted or requested. BIM will be used as a resource to immediately resolve problems before they could arise during construction. At the start of the project, F&H, will prepare a BIM execution plan that defines and describes how we will implement BIM on this project. This plan will include collaboration team members and contact information, project goals and objectives, collaborative process map, a detailed BIM modeling plan, a detailed BIM analysis plan, and a detailed collaboration plan. Early BIM planning will help us to drive early decision- making, design convergence, and design quality control.
It will also help us later, in construction, to resolve complex construction sequencing, reduce schedule time and change orders, and increase field productivity, safety, and construction quality. The key will be to produce a well-thought-out design early in the design-build process. We will do this by using BIM to develop an accurate and detailed virtual model of the design to be built. That BIM model will help us gain a greater understanding of the proposed design through visual presentation, analysis, simulation, and discussion.
Record Documents
The purpose of the Project Record Documents is to provide the City with factual information regarding all aspects of the Work, both concealed and visible, to enable future location, identification and modification of the Work without lengthy and expensive site measurement, investigation or examination. We will include a specification for Record Documents and make them part of the Contract Documents for the entire Construction Team. We will confer with the City in the final month of design to develop the formats for which Record Documents shall be delivered. It is customary to deliver Record Documents within 20 days after Substantial Completion.
We expect the Record Document protocol will include an encompassing digital AutoCAD file that includes all the information of the As-Built Drawings and any other graphical information in the As-Built Drawings. It shall include the overall Work, utility system layout and associated parcel boundaries and easements. Feature point, line and polygon information for new or altered Work and all accompanying geodetic control and survey data shall be included. The surveyor’s certified As-Built Asset Attribute Data shall be added to the As-Built Drawings and Surveyor shall electronically seal the data in a comma-delineated ASCII format (txt).
Document management is a key item that comes into play in order to meet a schedule on a project of this size. F&H uses Procore management software, which allows all team members, including the City, Architect, consultants and subcontractors a live look at the project. Specifically, the following items can be viewed:
• Plans, plan addenda and RFIs can be uploaded and the latest plans will be displayed, • Specifications, addenda and RFIs can be uploaded and the specifications will be updated, • Schedule updates can be viewed with the latest monthly update, • RFI logs will be displayed and each item will show its status, whose court it is in and how long they have had each item, • All current Change Directives and Change Orders can be seen and within whose court it is in, During the construction process, F&H will maintain, update, and report the schedule as construction moves forward. At each weekly meeting we will present a three-week look-ahead schedule showing what was completed over the past week and what we have planned for the next three.
Each month, we will provide a schedule update and this information will be available for the entire team to view in Procore.
F&H CONSTRUCTION & LDA PARTNERS 71
V. Project Management Plan
F&H takes pride in utilizing the Lean building techniques which allow us to complete projects on time and in some cases early. Brendan Corbett and Todd LaRose have a proven record of using these methods to expedite a project schedule and obtaining the team’s goals. By self-performing several of the key structural aspects of the project, namely concrete and rough carpentry, our team can control the schedule. These practices enable us to meet and exceed the goals of the project.
Building with Lean construction methods, we follow the following process:
• Prefabricate edge forms, construction joints, and even using a CNC machine to fabricating templates while the earthwork and building pads are being established,
• Prefabricating completed wall sections, either on-site or off-site, with all blocking and plywood incorporated. This is done while the concrete foundations and the slab-on-grade is being constructed. Allowing the walls to be erected and completed in a matter of weeks in lieu of a couple months,
• Prefabricating completed roof sections on-site with all blocking and plywood incorporated while the walls are being erected and the building concrete is being constructed. Once the walls are erected, lined and completed, we can immediately begin setting the roof panels.
Building with this process allows us to further control the project schedule and in fact cut time out of the critical path. This process assists in controlling quality and safety, but the biggest item is the costs savings to the City. For example, the above image is an example of a roof section that was built and set immediately after the walls had been completed.
Monthly Report
F&H will provide a variety of daily, weekly and monthly reports. Daily reports will entail a full report of the jobsite activities, including weather, subcontractors working, labor force, deliveries, jobsite visitors, and noteworthy activities.
Weekly reports will include:
• Meeting minutes from the prior week’s Owner’s meeting • Meeting agendas from the current week’s Owner’s meeting • Meeting minutes from the prior week’s Subcontractors’ meeting • Meeting agendas from the current week’s Subcontractors’ meeting • Three-week “Look Ahead” schedule
• RFI and Submittal Logs
• Weekly Tailgate Meetings
• Certified payroll
Monthly reports will include:
• Monthly Status Reports (MSR’s) – this report not only conveys areas of oversight, change and modification, but is also an effective
PRE-FABRICATED WALLS BEING ERECTED
7272
72 City of Pismo Beach - New Public Safety Facility
V. Project Management Plan
communication tool for all project stakeholders
• Percentage complete and balance to finish for each schedule of value line item • Progress billing and lien releases
• Schedule updates
Transition and Close-out
Close-out specifications will also be developed in collaboration with the City over the final 25% design phase. We would expect that the close-out specifications will entail, at the minimum, the following topics:
• Operations and Maintenance Manuals for all construction system components • Training Documentation for City staff and consultants • The turn-over of “attic stock” materials
• Warranties
• Test data reports
• Record Documents
“Close-out of the project is really the final product.” F&H understands the importance of the final details. We want to make sure that the City and staff are getting what they paid for and deserve.
We know the path to accountability may be through LDA Partners, other design team members and an Independent Testing or Commissioning Agent all who will inspect each of the project’s systems. We will work hand-in-hand with each of them, so you can be rest assured that the quality of the construction and all of its equipment and components are as specified in the contract and completed to your satisfaction. “F&H believes that repeat business is the most important business” We will be only a phone call away to resolve any warranty and closeout issues that the City might face. It is critical for us at F&H to provide a quality project and to build a strong relationship with the client. Making us work harder to sustain an outstanding reputation in our community.
SAN LUIS OBISPO COUNTY ANIMAL SERVICES UNDER CONSTRUCTION
VI.
PRELIMINARY BASELINE DESIGN/
CONSTRUCTION SCHEDULE
F&H CONSTRUCTION & LDA PARTNERS 73
VI. Preliminary Baseline Design/Construction Schedule
SCHEDULE OVERVIEW
Our baseline schedule is broken into 3 components -
Administrative, Pre- Construction, and Construction. Per the RFP we are tracking a NTP of approx April 14, 2023, , with a final completion date of July 30, 2025.
As part of our proposal, we are utilized a 2 part permit process. Part 1 is for Underground and grading/ demo,
while Part 2 tracks the vertical construction.
Typical City review periods for each phase are approx 2 weeks.
7474
74 City of Pismo Beach - New Public Safety Facility
VI. Preliminary Baseline Design/Construction Schedule
VII.
LIFE-CYCLE COSTS
F&H CONSTRUCTION & LDA PARTNERS 75
VII. Life Cycle Costs
LIFE CYCLE OVERVIEW
The foundation of our team’s design-build philosophy is to provide the best value for the client over the entire life of the building. Decisions made during the proposal phase and through the completion of construction focus on quality of materials, performance and maintainability of systems, and overall life cycle cost versus lowest first cost. Our team is comprised of industry leaders who offer cutting-edge designs, knowledge of market conditions, constructibility analysis and lessons learned from previous projects. These factors ensure we will provide balanced design of future-forward concepts and cost effectiveness for the Animal Services facility. While it is extremely difficult to get an accurate assessment of overall life- cycle costs, we have extrapolated data from other facilities and combined it with information we know about the proposed Public Safety Facility.
ENERGY ANALYSIS SOFTWARE & WEATHER PROFILE
A building’s energy use and associated cost is directly related to how the system interfaces with the building’s envelope, occupancy, internal heat and associated lighting systems and the local weather trends of the area.
The conceptual building will be modeled using EnergyPro 7.2 Building Energy Analysis Software, developed by EnergySoft Corporation and approved by the California Energy Commission for Title-24 Energy Code compliance simulation.
The weather data file used was for the City of Pismo Beach with peak outdoor design conditions overridden for the local Design Temperatures indicated in the HVAC Criteria documents.
WEATHER PROFILE
The BIN Weather data for Pismo Beach, CA will be used for the annual energy simulations. The “bin method” refers to a procedure where monthly weather data is sorted
into discrete groups (bins) of weather conditions. Each bin contains the number of average hours of occurrence during a month or year of a particular range of weather condition.
LIFE CYCLE COST ANALYSIS
The Federal Energy Management Program’s Life Cycle
Cost Program Model BLCC 5.3-15 will be used to evaluate the Life Cycle Cost of the project based on the assumptions made. The BLCC program conducts economic analyses by
evaluating the relative cost of a system over the life of 30 years.
Throughout the design/build process, our team will provide ideas to improve the life cycle cost, functionality and quality of the building systems. The team will also provide continuous cost/benefit feedback for stake-holder’s
consideration so the correct decisions can be made.
7676
76 City of Pismo Beach - New Public Safety Facility
VII. Life Cycle Costs
CI
T
Y
O
F
P
I
S
M
O
B
E
A
C
H
PU
B
L
I
C
S
A
F
E
T
Y
F
A
C
I
L
I
T
Y
SU
B
C
O
N
T
R
A
C
T
O
R
S
SC
O
P
E
O
F
W
O
R
K
S
U
B
C
O
N
T
R
A
C
T
O
R
/
C
O
N
S
U
L
T
A
N
T
L
I
C
.
#
D
I
R
#
C
O
N
T
A
C
T
E
-
M
A
I
L
OF
F
I
C
E
PH
O
N
E
MO
B
I
L
E
PH
O
N
E
DE
S
I
G
N
B
U
I
L
D
A
R
C
H
I
T
E
C
T
A
N
D
T
H
E
I
R
C
O
N
U
L
T
A
N
T
S
AR
C
H
I
T
E
C
T
L
D
A
P
A
R
T
N
E
R
S
C
-
2 8
3 8
8 1
0 0
0 0
5 8
4 1
0 E
R
I
C
W
O
H
L
E
ew
o
h
l
e
@
l
d
a
p
a
r
t
n
e
r
s
.
c
o
m
(2
0 9
)
9 4
3 -
0 4
0 5
(
2 0
9 )
4 0
3 -
5 5
6 3
C-
3 3
1 4
8 C
A
R
O
L
Y
N
N
A
T
I
V
I
D
A
D
cn
a
t
i
v
i
d
a
d
@
l
d
a
p
a
r
t
n
e
r
s
.
c
o
m
(2
0 9
)
9 4
3 -
0 4
0 5
(
9 1
6 )
6 0
0 -
7 5
8 0
ST
R
U
C
T
U
R
A
L
E
N
G
I
N
E
E
R
I
D
A
S
T
R
U
C
T
U
R
A
L
E
N
G
I
N
E
E
R
S
,
I
N
C
S
T
E
P
H
E
N
D
e
J
E
S
S
E
sr
d
e
j
e
s
s
e
@
i
d
a
-
s
e
.
c
o
m
(5
1 0
)
8 3
4 -
1 6
2 9
CI
V
I
L
E
N
G
I
N
E
E
R
I
N
G
B
K
F
E
N
G
I
N
E
E
R
S
E
R
I
C
S
W
A
N
S
O
N
es
w
a
n
s
o
n
@
b
k
f
.
c
o
m
(9
2 5
)
9 4
0 -
2 2
0 6
LA
N
D
S
C
A
P
E
A
R
C
H
I
T
E
C
T
S
A
M
H
A
R
N
E
D
L
A
N
D
S
C
A
P
E
A
R
C
H
4 8
8 1
S
A
M
H
A
R
N
E
D
sa
m
@
h
a
r
n
e
d
l
a
.
c
o
m
(2
0 9
)
3 8
0 -
7 3
7 6
GE
O
-
T
E
C
H
N
I
C
A
L
E
N
G
E
O
M
A
R
L
O
N
O
S
E
G
U
E
R
A
,
P
G
Mo
s
e
g
u
e
r
a
@
e
n
g
e
o
.
c
o
m
(9
5 1
)
2 0
2 -
8 8
3 3
DE
S
I
G
N
B
U
I
L
D
S
U
B
C
O
N
T
R
A
C
T
O
R
S
D-
B
F
I
R
E
S
P
R
I
N
K
L
E
R
S
&
M
F
I
R
E
P
R
O
T
E
C
T
I
O
N
M
A
T
T
A
N
D
A
H
L
Ma
t
t
@
s
m
f
i
r
e
p
r
o
t
e
c
t
i
o
n
.
c
o
m
(8
0 5
)
5 4
1 -
4 5
6 6
D-
B
E
L
E
C
T
R
I
C
A
L
T
H
O
M
A
E
L
E
C
T
R
I
C
2 7
4 2
7 6
1 0
0 0
0 0
0 8
1 2
J
E
F
F
T
H
O
M
A
jt
h
o
m
a
@
t
h
o
m
a
e
l
e
c
.
c
o
m
(8
0 5
)
5 4
8 -
2 1
0 4
(
8 5
8 )
3 6
1 -
6 5
7 9
CH
R
I
S
J
O
S
E
cj
o
s
e
@
t
h
o
m
a
e
l
e
c
.
c
o
m
(8
0 5
)
5 4
8 -
2 1
1 4
(
8 0
5 )
4 7
1 -
8 0
1 3
MA
R
K
W
E
S
T
L
Y
Ma
r
k
W
e
s
t
l
e
y
(8
0 5
)
5 4
8 -
2 1
1 4
(
8 0
5 )
4 7
1 -
8 0
1 3
D-
B
P
L
U
M
B
I
N
G
&
H
V
A
C
B
O
N
E
S
O
P
L
U
M
B
I
N
G
&
M
E
C
H
A
N
I
C
A
L
6 1
2 8
8 2
1 0
0 0
0 0
2 8
9 7
T
E
D
O
'
B
R
I
E
N
(
H
V
A
C
)
te
d
@
b
o
n
e
s
o
-
p
m
.
c
o
m
(8
0 5
)
6 6
7 -
1 0
4 0
(
8 0
5 )
2 9
4 -
3 8
2 0
JA
R
E
D
M
U
R
R
A
Y
(P
l
u
m
b
i
n
g
)
jm
u
r
r
a
y
@
b
o
n
e
s
o
-
p
m
.
c
o
m
(8
0 5
)
2 2
1 -
9 0
2 9
(
8 0
5 )
2 9
4 -
3 8
0 9
*OTFSU/PUJDFPG*OUFOUUP
"XBSE
*OTFSU/PUJDFPG
$POEJUJPOBM"XBSE
DOCUMENT 00 5200
AGREEMENT
THIS AGREEMENT dated this 18th day of July, 2023 by and between F&H Construction, whose place of business is located: 1115 East Lockeford Street, Lodi, CA. 95240 ("Design -Build Entity"), and the City of Pismo Beach ("Owner"), acting under and by virtue of the authority vested in Owner by the laws of the State of California.
CITY OF PISMO BEACH
PUBLIC SAFETY FACILITY
at 1000 BELLO ST., PISMO BEACH, CA 93449
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Design -Build Entity and Owner agree as follows:
ARTICLE 1 — SCOPE OF WORK OF THE CONTRACT
1.01 Work of the Contract
A. Design -Build Entity hereby agrees to serve as the Design -Build Entity for the Project identified herein, inclusive of complete planning, design and engineering services, management services, complete permitted plan sets, construction services, project completion and building and systems commissioning services, and turnover of a complete, functional, and legally operable Project, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents ("Work").
B. Without limiting the foregoing, Work specifically includes the following Additive Enhancements (Voluntary):
1. AE-1 — To Replace Existing Apparatus Bays
C. Without limiting the foregoing, Work specifically includes the following Voluntary Enhancements:
1. Any design feature that would increase safety, security, and efficiency for staff and / or building users beyond that required by the Bridging Documents.
2. Any design feature or material specification that would increase reliability / durability of facility operations or reduce the cost of facility maintenance beyond that required by the Criteria Documents.
3. Increased longevity and durability for equipment or materials.
4. Extend roofing warranties from 20 to 30 years for buildings with roofing membranes.
5. Reduce or compress project delivery schedule.
6. LEED (minimum) rating including registering the project with the United States Green Building Council and certification.
D. Without limiting the foregoing, Work specifically includes the following Deductive Items:
1. The following Deductive Items: N/A
E. Without limiting the foregoing, Work specifically includes the following Alternative New Public Safety Facility 00 5200 - 1
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
Technical Concepts:
1. The following Alternative Technical Concepts: N/A
1.02 Price for Completion of the Work
A. Owner shall pay Design -Build Entity the following Contract Sum, forty-two million, three hundred and sixty-six thousand, four hundred and fifty dollars ($ 42,366,450)for completion of Work in accordance with Contract Documents (including the Additive Enhancements (Voluntary), Voluntary Enhancements, Deductive Items, and Alternative Technical Concepts identified in paragraphs 1.01B, 1.01 C, 1.01 D and 1.01E above).
1.03 Alternates
A. At Owner's sole discretion, Work may also include one or more Alternates. To add any Alternate to the Work, Owner must notify Design -Build Entity no later than the applicable City Decision Point Date in Design -Build Entity's Document 00 4200 (Proposal Form). Contract Sum will be adjusted (increased for an additive Alternate, decreased for a deductive Alternate) only by the Proposal Price for the Alternate, and Owner will pay no other amount on account of adding the Alternate to the Work. Addition of any Alternate shall be memorialized by Change Order and (other than any provision regarding payment) subject to all other Contract Documents requirements relating to Change Orders.
ARTICLE 2 — COMMENCEMENT AND COMPLETION OF WORK
New Public Safety Facility 00 5200 - 2
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
2.01 Commencement of Work
A. On or after August 15, 2023, Owner will issue a Notice to Proceed (NTP) with the Work. Eight hundred and thirty-nine (839) calendar days after Owner issues the NTP, Design -Build Entity will achieve Final Completion of the Work.
B. Owner reserves the right to modify or alter the Commencement Date.
2.02 Design and Construction Milestones
A. Design -Build Entity shall also complete design and construction of the Project consistent with the following milestones.
1. Substantial Completion by seven hundred seventy-nine (779) calendar days after Owner issues the NTP;
2. Certificate of Beneficial Occupancy of entire Project Recorded by eight hundred nine (809) calendar days after Owner issues the NTP.
2.03 Liquidated Damage Amounts
A. Owner and Design -Build Entity recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the time specified herein, taking into account any extensions thereof allowed in accordance with the Contract Documents.
B. Consistent with terms, conditions, stipulations and limitations in Document 00 7253 (General Conditions) regarding liquidated damages, Design -Build Entity and Owner agree New Public Safety Facility 00 5200 - 3
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by Owner because of a delay in completion of the Work. Accordingly, in the event of delay in completion of the Work, or any Phase or Subproject, Owner and Design -Build Entity agree that Design -Build Entity shall pay Owner as liquidated damages the number of Dollars provided below:
1. As liquidated damages for delay, Design -Build Entity shall pay Owner two thousand -five hundred dollars ($2,500.00) for each Day that expires after thetime specified herein for Design -Build Entity to achieve the Final Completion of the entire Work (paragraph 2.01A above), until achieved.
2.04 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.
B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7253 (General Conditions).
ARTICLE 3 — PROJECT REPRESENTATIVES AND STAFFING
3.01 Owner's Project Administrator
A. Owner has designated Jorge Garcia as its Project Administrator to act as Owner's Representative in those matters relating to the Contract Documents that do not require City Council approval. In the event Mr. Garcia is unavailable the Owner's back up designee is Eric Eldridge.
B. To the extent City Council approval is not required, Project Administrator shall have authority over various matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner. By this clause, Project Administrator is not assigned any rights or obligations that require City Council approval.
C. Owner may assign all or part of the Project Administrator's rights, responsibilities and duties to a Construction Manager, or other Owner Representative.
3.02 Design -Build Entity's Project Manager and Dedicated Staff A. Design -Build Entity has designated Kristien Kwong as its Project Manager to act as Design -Build Entity's Representative in all matters relating to the Contract Documents. For the construction phase, the Project Manager shall be resident at the Project Site and shall be devoted solely to the Project. Design -Build Entity may not change the identity of its Project Manager without prior Owner written approval, which approval shall not be unreasonably withheld, provided such replacement has similar or greater experience and qualifications.
B. Design -Build Entity's Proposal provides an organization chart and lists the key personnel New Public Safety Facility 00 5200 - 4
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
previously approved in the Request for Qualification Process Phase 1 Steps 1 and 2 or otherwise (together, "Key Personnel) Design -Build Entity intends to provide to the Project New Public Safety Facility 00 5200 - 5
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
to perform its design, construction and obligations under the Contract Documents, including but not limited to, their position, responsibility, resume and qualifications. Design - Build Entity represents that such staff have the necessary licenses, experience, and qualifications to satisfactorily perform the requirements of the Contract Documents and that at all times Design -Build Entity shall maintain such staff or similar staff having all necessary licenses, certifications, experience and skills necessary to perform all obligations of the Contract Documents.
C. Design -Build Entity acknowledges that the quality and qualifications of the Key Personnel were important factors in Owner's selection of Design -Build Entity for the Project. Design - Build Entity and Owner agree that the personal services of the Key Personnel is a material term of the Contract Documents, and substitution or removal or change in role or level of effort constitutes a material breach of this Agreement.
D. Notwithstanding anything to the contrary in subsection C above, there shall be no material breach of this Agreement if a substitution of Key Personnel is with an equal or more qualified individual/personnel, provided Owner consents in writing to such substitution.
Owner's consent shall not be required for any substitution required due to death or incapacity of a Key Personnel.
3.03 Bridging Architect
A. RRM Design Group was the concept architect; Mary McGrath Architects + Manns Woodward Studios furnished the Bridging Documents (Performance Criteria and Concept Drawings) and shall have the rights assigned to Bridging Architect or Criteria Architect in the Contract Documents.
ARTICLE 4 - CONTRACT DOCUMENTS
4.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:
Document 00 1119 Requests for Proposals
Document 00 4200 Proposal Form, attached hereto
Document 00 4330 Subcontractors List and all amendments thereto Document 00 5050 Notice of Intent to Award
Document 00 5100 Notice of Conditional Award
Document 00 5200 Agreement
Document 00 5201 Bridging Documents
Document 00 5500 Notice to Proceed with Construction
New Public Safety Facility 00 5200 - 6
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
Document 00 5501
Document 00 5302
Document 00 6113.13
Document 00 6113.16
Document 00 6325
Document 00 6200
Document 00 6290
Document 00 6530
Document 00 6536
Document 00 7253
Document 00 7380
Document 00 9113
Document
Notice to Proceed with Design Services
Insurance and Indemnity Requirements
Construction Performance Bond
Construction Labor and Material Payment Bond
Substitution Request Form
Withheld Contract Funds Certification
Escrow Agreement for Security Deposits in Lieu of
Retention
Agreement and Release of Any And All Claims
Guaranty
General Conditions — Design Build
Apprenticeship Program
Addenda
Exhibit A — Value Engineering and Final Price,
Scope Clarifications
Division 01 Sections identified in Document 00 0110 (Table of Contents) Design -Build Entity's Proposal for City of Pismo Beach dated March 2nd, 2023, and updated through negotiations on
Final Construction Documents (following receipt of all approvals required by other Contract Documents), whether listed on Document 00 4330 (Subcontractors List) or otherwise.
Requests for Information 1 through 53, inclusive, with corresponding responses.
City of Pismo Beach Public Safety Facility, F&H Construction - Budget Breakdown, Value Engineering Options - Selected by City of Pismo Beach (June, 30 2023).
F&H Construction / Thoma Electric, Inc., Pismo Beach Public Safety Facility, Electrical Exhibit "B" - Electrical and Telecommunication VE Item Narratives for Items E1-E33 (June 30, 2023).
4.02 There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in Document 00 7253 (General Conditions).
ARTICLE 5 - MISCELLANEOUS
5.01 Terms and abbreviations used in this Agreement are defined in Document 00 7253 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein. Prior to executing this Agreement, Design -Build Entity has performed all required pre -construction investigations required and described in the Contract Documents.
5.02 All notices or demands to Owner or Design -Build Entity under the Contract Documents shall be in writing and directed to the other at the respective addresses identified under each party's signatures below, or by hand delivery or to such other person(s) and address(es) as a party shall provide to another. Except as otherwise expressly provided New Public Safety Facility 00 5200 - 7
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
herein, notices shall be dispatched by facsimile transmission, overnight delivery by reputable courier service and/or U.S. mail. Except as otherwise expressly provided herein, notices dispatched by facsimile or overnight delivery shall be deemed received on the business day following dispatch. Notices dispatched by U.S. mail shall be deemed received on the third business day following dispatch. Email transmission of PDF images shall be effective only if expressly acknowledged as effective in writing by the receiving party.
5.03 In order to induce Owner to enter into this Agreement, Design -Build Entity represents that it is duly organized, existing and in good standing under applicable state law; is licensed to perform all aspects of the Work; will employ only persons and subcontractors and designers with all required licenses and certifications; that Design -Build Entity is duly New Public Safety Facility 00 5200 - 8
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
qualified to conduct business in the State of California; that Design -Build Entity has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein; and that the Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Design -Build Entity.
5.04 Design -Build Entity shall not assign any portion of the Contract Documents.
5.05 Should any part, term, or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).
5.06 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner, or acting as an employee, agent, or representative of Owner, personally liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
5.07 Retention of Securities
A. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by OWNER to ensure performance under a contract, at the request and expense of DESIGN -BUILD ENTITY. Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities. Alternatively, DESIGN -BUILD ENTITY may request that OWNER make payment of retention earned directly to an escrow agent at the expense of 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 receive the interest earned on the investments upon the same terms provided for in this section 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 from OWNER, pursuant to the terms of this section.
B. The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(f). DESIGN -BUILD ENTITY shall obtain the written consent of its surety to such escrow agreement.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, New Public Safety Facility 00 5200 - 9
City of Pismo Beach AGREEMENT
Issued with Bridging Document Set
December 1, 2022
interest -bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by DESIGN -BUILD ENTITY and OWNER.
C. In accordance with Public Contract Code Section 22300(d)(1), if DESIGN -BUILD ENTITY elects to receive interest on moneys withheld in retention by OWNER, DESIGN - BUILD ENTITY shall, at the request of any subcontractor performing more than five percent of DESIGN -BUILD ENTITY's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by DESIGN -BUILD ENTITY from the subcontractor.
5.08 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Design -Build Entity or Subcontractor offers and agrees to assign to the Owner all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §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 Owner tenders final payment to Design -Build Entity, without further acknowledgment by the parties.
5.09 This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Design -Build Entity of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein. This Agreement is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by Design -Build Entity, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent Design -Build Entity asserts a claim specified by Section 9204, Design -Build Entity shall comply with all provisions set forth in Section 9204 in submitting a claim to Owner.
5.10 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at Owner's Office and shall be made available to any interested party on request. Pursuant to California Labor Code §§ 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every Design -Build Entity will be required to secure the payment of compensation to his employees. Design -Build Entity represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Design -Build New Public Safety Facility 00 5200 -
City of Pismo Beach 10
Issued with Bridging Document Set
December 1, 2022
Entity shall comply with such provisions before commencing the performance of the Work of the Contract Documents.
5.11 Owner shall have the right to review all phases of Design -Build Entity's design including, but not limited to, drawings, specifications, shop drawings, samples and submittals, as specified in the Contract Documents. Such review and other action shall not relieve Design -Build Entity of its responsibility for a complete design complying with the requirements of the Contract Documents; but rather, such review shall be in furtherance of Owner's monitoring and accepting the design as developed and issued by the Design - Build Entity, consistent with these Contract Documents. Design -Build Entity's responsibility to design and construct the Project in conformance with the Contract Documents shall be absolute.
5.12 This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Pismo Beach, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Luis Obispo.
5.13 Subsurface Conditions
A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, Design - Build Entity shall promptly, and before the following conditions are disturbed, notify Owner in writing of any:
1. Material that Design -Build Entity believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;
2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.
B. Upon receipt of said notification Owner will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Design -Build Entity's cost of or the time required for performance of any part of the Project, Owner will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between Owner and Design -Build Entity whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in Design -Build Entity's cost of or time required for performance of any part of the Project, Design -Build Entity shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement.
Design -Build Entity shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 5200 -
11 IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written.
CITY OF PISMO BEACH Design -Build Entity (D-BE)
By:
Mayor, City Council (Full Business Name)
Date: By:
ATTEST:
CITY CLERK
Date:
By: Printed Name and Title (President/CEONice
City Clerk President)
(If D-BE is a corporation, a partnership, or a
Date: joint venture, attach evidence of authority to
sign)
APPROVAL RECOMMENDED: By:
James R. Lewis
By:
City Manager Printed Name and Title
Date: Date:
APPROVED AS TO FORM AND
LEGAL EFFECT:
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
Address for giving notices:
00 5200 -
12 DAVE FLEISHMAN
By:
City Attorney
Date:
(Name, Official Title)
(Telephone)
D-BE's License Number Classification(s)
CORPORATE CERTIFICATE
, certify than I am the Secretary of the
Corporation named as D-BE in the foregoing Contract, that, who signed said Contract on behalf of the D-BE, was then of said Corporation, that said Contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal)
(Secretary)
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 5200 -
13 &,
7 <
2 )
3 ,
6 0
2
%
(
$
&
+
3 8
%
/
,
&
6 $
)
(
7 <
)
$
&
,
/
,
7 <
)
+
&
2 1
6 7
5 8
&
7 ,
2 1
%
8 '
*
(
7
%
5 (
$
.
'
2 :
1 9$
/
8 (
(
1 *
,
1 (
(
5 ,
1 *
2 3
7 ,
2 1
6
6 (
/
(
&
7 (
'
%
<
&
,
7 <
2 )
3 ,
6 0
2
%
(
$
&
+
%,
'
2 5
,
*
,
1 $
/
&2
1 7
5 $
&
7
:
9(
%
(
/
2 :
72 7
$
/
%
$
6 (
%
,
'
$
0 2
8 1
7
$'
'
,
7 ,
9 (
(
1 +
$
1 &
(
0 (
1 7
6
1 R
W
V
H
O
H
F
W
H
G
E
\
&
L
W
\
1 R
W
,
Q
F
O
X
G
H
G
1R
W
,
Q
F
O
X
G
H
G
))
(
$
/
/
2 :
$
1 &
(
<
(
$
5
:
$
5 5
$
1 7
<
1 R
W
V
H
O
H
F
W
H
G
E
\
&
L
W
\
1R
W
,
Q
F
O
X
G
H
G
1R
W
,
Q
F
O
X
G
H
G
72 7
$
/
%
$
6 (
3 5
,
&
(
&
2 1
7 5
$
&
7
$
0 2
8 1
7
-8
1 (
8 3
'
$
7 (
63 (
&
1 R
'
(
6 &
5 ,
3 7
,
2 1
$
0 2
8 1
7 )
)
(
2 3
7 ,
2 1
1 2
7 (
6 6
32 7
(
1 7
,
$
/
)
2 8
1 '
$
7 ,
2 1
6 <
6 7
(
0
&
+
$
1 *
(
6
3 (
1 '
,
1 *
9 (
5 ,
)
,
&
$
7 ,
2 1
2 )
6 2,
/
6
5 (
3 2
5 7
$
)$
&
$
'
6 $
9 ,
1 *
6
5 (
8 6
,
1 *
(
;
,
6 7
,
1 *
%
5 ,
&
.
)
2 5
1 (
:
/
<
%
8 ,
/
7
)
$
&
$
'
5H
X
V
H
(
[
L
V
W
L
Q
J
)
X
O
O
%
U
L
F
N
W
R
F
U
H
D
W
H
Q
H
Z
I
D
F
D
G
H
W
R
U
H
S
O
L
F
D
W
H
W
K
H
H
[
L
V
W
L
Q
J
E
X
L
O
G
L
Q
J
$
5(
9 ,
6 (
'
)
,
5 (
'
(
3 $
5 7
0 (
1 7
(
/
(
9 $
7 ,
2 1
5H
Y
L
V
H
G
(
O
H
Y
D
W
L
R
Q
V
D
V
S
U
H
V
H
Q
W
H
G
W
R
&
L
W
\
&
R
X
Q
F
L
O
$
%(
'
%
$
6 ,
&
%
(
'
)
5 $
0 (
0 $
7 5
(
6 6
,
1
/
,
(
8
2 )
%
8 ,
/
7
,
1
6 <
6 7
(
0
(/
(
&
7 5
,
&
$
/
(
([
H
P
S
W
S
U
R
M
H
F
W
I
U
R
P
&
L
W
\
V
R
X
Q
G
R
U
G
L
Q
D
Q
F
H
.H
H
S
F
R
V
W
R
I
&
0 8
Z
D
O
O
V
/
D
Q
G
V
F
D
S
L
Q
J
W
R
U
H
G
X
F
H
V
R
P
H
R
I
W
K
H
Q
R
L
V
H
(
5H
P
R
Y
H
(
9
F
K
D
U
J
H
U
V
I
U
R
P
J
H
Q
H
U
D
W
R
U
(
/R
F
D
W
H
)
'
$
7 6
L
Q
3 '
H
O
H
F
W
U
L
F
U
R
R
P
U
H
T
X
L
U
H
V
O
D
U
J
H
U
U
R
R
P
5H
P
R
Y
H
G
R
Y
H
U
O
D
S
Z
L
W
K
,
W
H
P
S
H
U
P
H
H
W
L
Q
J
G
L
V
F
X
V
V
L
R
Q
(
5H
G
X
F
H
U
X
Q
W
L
P
H
W
R
K
R
X
U
V
I
R
U
Q
R
Q
&
2 3
6
I
X
Q
F
W
L
R
Q
V
12 7
$
&
&
(
3 7
(
'
6H
H
(
I
R
U
X
S
G
D
W
H
G
L
Q
I
R
U
P
D
W
L
R
Q
(
&K
D
Q
J
H
I
U
R
P
V
O
H
H
Y
H
V
W
R
V
O
H
H
Y
H
I
R
U
O
R
Z
Y
R
O
W
D
J
H
Z
LU
L
Q
J
(
0R
Y
H
W
K
H
)
L
U
H
6 W
D
W
L
R
Q
H
O
H
F
W
U
L
F
U
R
R
P
F
O
R
V
H
U
W
R
W
K
H
3 '
H
O
H
F
W
U
L
F
U
RR
P
D
Q
G
P
R
Y
H
W
K
H
J
H
Q
H
U
D
W
R
U
F
O
R
V
H
U
W
R
3 D
Q
H
O
*
&
3
5H
P
R
Y
H
G
R
Y
H
U
O
D
S
Z
L
W
K
,
W
H
P
S
H
U
P
H
H
W
L
Q
J
G
L
V
F
X
V
V
L
R
Q
(
5H
G
X
F
H
R
Y
H
U
V
L
]
H
G
Q
H
X
W
U
D
O
F
R
Q
G
X
F
W
R
U
V
D
W
E
R
W
K
I
H
H
G
H
U
D
Q
G
E
U
D
Q
F
K
Z
LU
L
Q
J
(
&K
D
Q
J
H
R
I
W
K
H
G
D
W
D
U
D
F
N
V
I
U
R
P
S
R
V
W
V
H
L
V
P
L
F
U
D
F
N
V
W
R
S
R
V
W
V
H
L
V
P
L
F
U
D
F
N
V
(
8Q
L
W
S
U
L
F
H
W
R
H
O
L
P
L
Q
D
W
H
P
H
W
H
U
H
G
3 '
8 V
D
W
G
D
W
D
U
D
F
N
V
W
K
H
U
H
D
U
H
WZ
R
S
H
U
U
D
F
N
L
Q
W
K
H
0 '
)
W
R
W
D
O
R
Q
W
K
H
S
U
R
M
H
F
W
8Q
L
W
&
R
V
W
$
V
V
X
P
H
T
X
D
Q
W
L
W
\
P
D
\
L
Q
F
U
H
D
V
H
D
W
D
P
X
O
W
L
S
O
H
R
I
H
D
F
K
(
(O
L
P
L
Q
D
W
H
G
D
W
D
F
D
E
O
L
Q
J
D
W
V
S
D
U
H
O
R
F
D
W
L
R
Q
L
Q
R
I
I
L
F
H
V
U
R
X
J
K
L
Q
W
R
U
H
P
D
L
Q
I
R
U
I
X
W
X
U
H
G
D
W
D
F
D
E
O
L
Q
J
12 7
$
&
&
(
3 7
(
'
1R
W
D
F
F
H
S
W
H
G
(
5H
G
X
F
H
W
K
H
I
L
U
H
V
W
D
W
L
R
Q
D
O
H
U
W
L
Q
J
V
S
H
D
N
H
U
V
S
D
F
L
Q
J
U
H
T
X
L
U
H
P
H
Q
W
V
12 7
$
&
&
(
3 7
(
'
&L
W
\
H
O
H
F
W
H
G
W
R
D
F
F
H
S
W
9 (
(
L
Q
O
L
H
X
R
I
9 (
(
(
0L
Q
L
P
X
P
I
X
Q
F
W
L
R
Q
I
L
U
H
V
W
D
W
L
R
Q
D
O
H
U
W
L
Q
J
9(
,
W
H
P
V
D
Q
G
D
U
H
P
X
W
X
D
O
O
\
H
[
F
O
X
V
L
Y
H
(
(O
L
P
L
Q
D
W
H
3 $
V
S
H
D
N
H
U
V
L
Q
(
2 &
D
U
H
D
R
I
3 '
(
(O
L
P
L
Q
D
W
H
G
L
V
S
D
W
F
K
Z
R
U
N
V
W
D
W
L
R
Q
F
R
Q
V
R
O
H
D
Q
G
I
X
U
Q
L
W
X
U
H
I
X
W
X
U
H
S
D
W
K
Z
D
\
V
W
R
U
H
P
D
L
Q
(
5H
X
V
H
H
[
L
V
W
L
Q
J
G
L
V
S
D
W
F
K
Z
R
U
N
V
W
D
W
L
R
Q
V
))
(
(
[
F
O
X
G
H
V
D
Q
\
Z
D
U
U
D
Q
W
\
W
H
U
P
V
R
Q
U
H
O
R
F
D
W
H
G
H
T
X
L
S
P
H
Q
W
(
8W
L
O
L
]
H
0 &
F
D
E
O
H
L
Q
O
L
H
X
R
I
(
0 7
L
Q
Q
R
Q
'
&
2 $
D
U
H
D
V
(
5H
P
R
Y
H
&
D
P
H
U
D
V
D
Q
G
F
D
E
O
L
Q
J
S
H
U
/
9
P
D
U
N
X
S
7K
L
V
)
)
(
S
U
L
F
L
Q
J
L
V
I
R
U
W
K
H
G
H
O
H
W
L
R
Q
R
I
E
R
W
K
W
K
H
F
D
P
H
U
D
V
D
Q
G
D
FF
H
V
V
F
R
Q
W
U
R
O
W
R
J
H
W
K
H
U
(
5H
P
R
Y
H
U
R
X
J
K
L
Q
I
R
U
F
D
P
H
U
D
V
L
Q
D
E
R
Y
H
(
5H
P
R
Y
H
D
F
F
H
V
V
F
R
Q
W
U
R
O
G
H
Y
L
F
H
V
D
Q
G
F
D
E
O
L
Q
J
S
H
U
/
9
0 D
U
N
X
S
,Q
F
O
X
G
H
G
D
E
R
Y
H
6H
H
9 (
,
W
H
P
D
E
R
Y
H
I
R
U
S
U
L
F
L
Q
J
(
5H
P
R
Y
H
D
F
F
H
V
V
F
R
Q
W
U
R
O
U
R
X
J
K
L
Q
I
R
U
G
R
R
U
V
D
E
R
Y
H
(
5H
P
R
Y
H
G
D
W
D
F
D
E
O
L
Q
J
S
H
U
/
9
P
D
U
N
X
S
(
5H
P
R
Y
H
U
R
X
J
K
L
Q
I
R
U
G
D
W
D
F
D
E
O
L
Q
J
S
H
U
D
E
R
Y
H
(
5H
G
X
F
H
G
D
W
D
F
D
E
O
H
T
X
D
Q
W
L
W
\
D
W
(
2 &
D
U
H
D
W
R
F
D
E
O
H
V
W
R
W
D
O
(
5H
Y
L
V
H
G
5 &
3
F
U
H
G
L
W
I
R
U
/
9
F
R
Q
G
X
L
W
V
W
K
D
W
D
U
H
Q
R
O
R
Q
J
H
U
U
H
T
X
L
U
H
G
(
&U
H
G
L
W
I
R
U
R
I
W
K
H
V
S
H
F
L
I
L
H
G
F
R
Q
G
X
L
W
V
I
R
U
E
R
W
K
&
K
D
U
W
H
U
D
Q
G
$
7 7
(
&U
H
G
L
W
W
R
F
K
D
Q
J
H
W
K
H
U
H
P
D
L
Q
L
Q
J
F
R
P
P
F
R
Q
G
X
L
W
V
I
R
U
E
R
W
K
&
K
DU
W
H
U
D
Q
G
$
7 7
W
R
F
R
Q
F
U
H
W
H
H
Q
F
D
V
H
G
3 9
&
(
$
5H
G
X
F
H
8 3
6
U
X
Q
W
L
P
H
I
U
R
P
P
L
Q
X
W
H
V
W
R
P
L
Q
X
W
H
V
(L
W
K
H
U
(
$
R
U
(
%
E
X
W
Q
R
W
E
R
W
K
(
%
5H
G
X
F
H
8 3
6
U
X
Q
W
L
P
H
I
U
R
P
P
L
Q
X
W
H
V
W
R
P
L
Q
X
W
H
V
(L
W
K
H
U
(
$
R
U
(
%
E
X
W
Q
R
W
E
R
W
K
(
5H
G
X
F
H
&
R
Q
G
X
L
W
V
I
R
U
$
Q
W
H
Q
Q
D
R
Q
U
R
R
I
(
8W
L
O
L
]
H
-
+
R
R
N
V
L
Q
O
L
H
X
R
I
&
D
E
O
H
7 U
D
\
L
Q
)
L
U
H
6 W
D
W
L
R
Q
(
(O
L
P
L
Q
D
W
H
8 *
3 6
D
Q
G
P
D
L
Q
E
U
H
D
N
H
U
D
W
)
6
6 Z
L
W
F
K
E
R
D
U
G
(
$G
G
H
P
S
W
\
F
R
Q
G
X
L
W
V
I
R
U
I
X
W
X
U
H
H
O
H
F
W
U
L
F
I
L
U
H
W
U
X
F
N
V
G
R
H
V
Q
R
W
L
Q
FO
X
G
H
G
L
V
W
U
L
E
X
W
L
R
Q
X
S
V
L
]
L
Q
J
(
$G
G
H
P
S
W
\
F
R
Q
G
X
L
W
V
I
R
U
I
X
W
X
U
H
3 '
(
9
F
K
D
U
J
H
U
V
G
R
H
V
Q
R
W
L
Q
F
O
X
G
H
GL
V
W
U
L
E
X
W
L
R
Q
X
S
V
L
]
L
Q
J
(
3R
V
V
L
E
O
\
(
O
L
P
L
Q
D
W
L
Q
J
W
K
H
,
'
)
U
R
R
P
R
Q
W
K
H
Q
G
)
O
R
R
U
$
G
G
5 H
V
W
U
R
RP
(
&2
3 6
)
D
F
L
O
L
W
\
6 H
F
W
L
R
Q
7K
L
V
Z
L
O
O
U
D
Q
J
H
E
H
W
Z
H
H
Q
V
D
Y
L
Q
J
V
3/
8 0
%
,
1 *
3
8W
L
O
L
]
H
3 O
D
V
W
L
F
L
Q
O
L
H
X
R
I
1 R
+
X
E
&
D
V
W
,
U
R
Q
I
R
U
:
D
V
W
H
9 H
Q
W
1R
W
$
F
F
H
S
W
H
G
.H
H
S
D
O
O
5 R
R
I
'
U
D
L
Q
V
,
Q
W
H
U
Q
D
O
'
R
Z
Q
V
S
R
X
W
V
D
V
&
D
V
W
,
U
R
Q
6 8
%
7 2
7 $
/
&
2 1
6 7
5 8
&
7 ,
2 1
&
2 6
7 6
0$
5 .
8 3
)
(
(
,
1 6
8 5
$
1 &
(
%
2 1
'
6
6 8
%
7 2
7 $
/
:
,
7 +
0 $
5 .
8 3
5 H
Y
L
V
H
)
)
(
1 X
P
E
H
U
W
R
7 K
L
V
$
P
R
X
Q
W
32 7
(
1 7
,
$
/
7 2
7 $
/
,
)
$
/
/
9 (
2 3
7 ,
2 1
6
$
5 (
$
&
&
(
3 7
$
%
/
(
&X
U
U
H
Q
W
:
L
W
K
$
F
F
H
S
W
H
G
&9
)
*
#
*
5
h
"
h
7 "
-
6 &
&
/
(
*
/
&
&
3 *
/
(
"
/
%
'
*
/
"
-
1 3
*
$
&
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
1 Exhibit ‘A
– Scope Clarifications
Please find below the assumptions, clarifications, exclusions to Thoma Electric’s scope of work related to power, voice/data, IT, Telecommunications, Audio/Video, Security, etc. References to “we” or “our” refer to Thoma Electric, and assumptions or clarifications stated below are those that form the basis upon which Thoma Electric has provided our scope/fee proposal. Refer to the below list:
1. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Electrical Service” we assume that the requirement of a new electrical service applies to the project as a whole and that utility metering may be separate for each building, however, implementation of the electrical distribution on-site is at the discretion of the Thoma Electric.
2. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Electrical Service” we assume that maintaining the existing electrical service is at the option and discretion of Thoma Electric, therefore any requirement for upsizing is at the discretion of the Thoma Electric.
3. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Distribution” we assume that the indoor rated enclosures requirement pertains to branch panelboards only since the phrase uses the word “Panels”. Some larger distribution equipment may not be sized to fit interior to the building, which shall be at the discretion of Thoma Electric.
4. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Emergency Power” we note that in Section 3(b)(i)(1)(f) of the Technology Design Specifications that a 10-15kVA UPS has been listed, however, in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP. Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
5. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” we assume that any and all requirements for site services and low voltage systems that have been outlined by the Owner’s retained consultant ClientFirst, have been provided in the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. The scope of work provided in this proposal exclude future requirements or determinations regarding design decisions by ClientFirst.
6. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” we assume that requirements for the size of rooms and spaces for Radio, IT and LV systems have been determined to be adequate as outlined in the RFP documents through the room data sheets.
7. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” references to “aim for 200’ maximum cabling distance” directly contradict other references within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. The Technology Design Specifications allow for up to 250-feet between serving Telecommunications Rooms (refer to Section 3(b)(i)(3)(a)(iii)) before requiring additional serving telecommunications infrastructure.
Therefore, in accordance with allowable best practices, BICSI standards, and EIA/TIA standards,
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
2 Thoma Electric has designed to the maximum code allowed 90-meters for cabling distance and placement of IDF/MDF rooms as required by Section 3(b)(i)(3)(a)(iii).
8. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference for “Cabling to have 2 pathways for redundancy. One entrance facility is acceptable” is considered to only apply to the serving utility provider’s MPOE (Minimum Point Of Entry) and serving utility conductors. Thoma Electric’s assumption in this manner is consistent and supported by Section 4(e) entitled “Telecommunications Entrance Facilities” within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. Therefore, all telecommunications data infrastructure within the building, including, but not limited to workarea outlets, wireless access points, access control devices, dispatch console outlets, etc. are served from a single, non-redundant pathway interior to the building.
9. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to “MDF/IDF facilities to include fire suppression system” is considered to have been met by providing a dry-pipe type fire suppression system as specifically allowed in Section 3(b)(i)(1)(i) and Section 3(b)(i)(3)(i) each of which are entitled “Fire suppression in room” within the “Technology Design Specifications” with an issue date of November 10, 2022 as provided with the RFP documentation. No gaseous fire suppression is included.
10. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to “Security Camera Locations and type of system sketch provided by Architect” does not have a corresponding “sketch” included within the RFP documentation which outlines the camera locations and types. Therefore, we assume that the requirement for camera coverage is considered to have been met by coordinating with the Owner’s pre-selected security vendor (SOV) for camera locations within the project. Camera locations, video recorders, servers, licensing, etc. added after review by Owner will be considered at added cost.
11. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the bullet point to “Review with owner for City standards with regards to: Fire Department Controls for Dispatch and emergency calls” does not outline a specific project requirement at time of proposal. Therefore, we assume that this requirement is met by providing a Fire Station Alerting System.
12. Regarding the Electrical Systems and Equipment Narrative as issued in RFI#3 – under “Information Technology / Low Voltage” the reference to the Uninterruptable power supply for critical Low Voltage Systems calls for the need to coordinate “between Low Voltage design and Electrical distribution design … to provide complete resiliency per the City’s standards.” The City’s standards as provided in Section 3(b)(i)(1)(f) of the “Technology Design Specifications” with an issue date of November 10, 2022, state the requirement for a 10-15kVA UPS, however, in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP. Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
3 13. Regarding Section 3(a)(i) of the Technology Design Specifications – we assume patch cables required are as specified in Section 3(f)(xi). No other patching length/style options will be provided beyond that listed in Section 3(f)(xi).
14. Regarding Section 3(a)(v) of the Technology Design Specifications – we assume that acceptable cabling pathway as listed in this section will not preclude the use of J-hooks as is allowed in Section 3(f)(vii) allowing J-Hook supports for cabling.
15. Regarding Section 3(a)(vii)(1) of the Technology Design Specifications – no size for conduits between vehicle storage and the Police Department MDF is specified, therefore we assume that conduit sizing is deferred to Thoma Electric’s judgement and code requirement.
16. Regarding Section 3(a)(viii) of the Technology Design Specifications – we assume that no patching will be performed by Thoma Electric, all patch cables procured will be provided to Owner for Owner’s staffing to make final connections of all structured cabling.
17. Regarding Section 3(a)(xv) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
18. Regarding Section 3(a)(xvi)(1)(c) of the Technology Design Specifications – we assume that 1”C is sufficient for (6) Cat6a cables, assumes conduit sized larger is only necessary when specific installation conditions require more than (6) cables in a single raceway.
19. Regarding Section 3(a)(xvi)(2) of the Technology Design Specifications – we assume that conduits as required by this section may be used for structured cabling installation and are not reserved as spare or in any other way in-excess to those which may be required for installed structured cabling for low voltage systems. We assume that firestopping of these penetrations is only necessary where conduits are passing through a fire rated assembly. We assume that the comment in this section of the RFP referring to “conduit grouted to a wall” is referring to a conduit being “grouted through a wall.” Where wall is not present between rooms or partitions (in some locations a full height wall may not be present) we assume a sleeve is not required. We assume that the installation of conduit sleeves to “all rooms” as required this section apply only to rooms which have accessible ceiling (because conduit sleeves to a location without accessible ceiling do not benefit the Owner). Additionally, we assume that conduit sleeves may allow cable to pass through from room to room if adjacency of rooms permit, and therefore installed sleeves do not need to route through an adjacent room in order to establish one continuous pathway from room to cable-tray.
20. Regarding Section 3(a)(xvi)(6) of the Technology Design Specifications – We assume that “oversized neutral” is applicable only to branch-panelboard serving feeder. Excludes oversizing of bussing of applicable branch panelboard, oversizing of feeder from upstream distribution panelboard or any upstream infrastructure, and assumes that oversizing of neutral shall be 200% oversized for feeder only. Assumes that for oversizing of neutral in branch circuits feeding data outlets, neutral upsize is to next standard wire size (for example, if standard is #12 AWG, then upsized neutral would become #10 AWG).
21. Regarding Section 3(a)(xvi)(8) of the Technology Design Specifications – We assume that conduits as required in Section 3(a)(xvi)(2) are sufficient for low-voltage systems required in this RFP, and that any additional conduit is required if and only if the raceway required of Section 3(a)(xvi)(2) is full.
22. Regarding Section 3(b)(i)(1)(f) of the Technology Design Specifications – in reviewing the anticipated loads within the IT space listed for backup requirements, Thoma Electric believes that no more than 60kW of load may need to be backed up by the MDF UPS equipment rather than
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
4 the 10-15kVA listed in this section. We therefore assume that the 60kW we have included will be sufficient to backup any current and future anticipated loads as required within this RFP.
Additional loads beyond the 60kW as provided in this proposed scope of work shall be considered at added expense.
23. Regarding Section 3(b)(i)(1)(g)(v) of the Technology Design Specifications – We assume that testing of bonding differential as required in this section shall be limited to a reasonable and representative test sampling (10% or less) in order to fulfill this requirement, excludes testing of ALL equipment with two-point testing.
24. Regarding Section 3(b)(i)(1)(j) of the Technology Design Specifications – 4-foot clearance referenced in this Section may conflict with the room sizing as listed in the room data sheets for MDF, the room dimensions listed in Section 3(b)(i)(1)(a), and the Data Rack size requirements in Section 3(b)(i)(1)(k). The sizing listed in the above may be in conflict in order to provide 4’-0” clearance as required of this section. We assume that room dimensions listed in the room data sheets for the MDF are satisfactory. Thoma Electric will work with Owner’s IT representative to resolve conflicts in a manner that does not impose cost onto Thoma Electric.
25. Regarding Section 3(b)(i)(1)(k)(ii), (iii), and (iv) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
26. Regarding Section 3(b)(i)(1)(l) – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
27. Regarding Section 3(b)(i)(3)(j) of the Technology Design Specifications – 4-foot clearance referenced in this Section may conflict with the room sizing as listed in the room data sheets for the IDF, the room dimensions listed in Section 3(b)(i)(3)(b), and Data Rack size requirements in Section 3(b)(i)(3)(k). The sizing listed in the above may be in conflict in order to provide 4’-0” clearance as required of this section. We assume that room dimensions listed in the room data sheets for the IDF are satisfactory. Thoma Electric will work with Owner’s IT representative to resolve conflicts in a manner that does not impost cost onto Thoma Electric.
28. Regarding Section 3(b)(i)(3)(k)(ii) and (iii) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
29. Regarding Section 3(b)(i)(3)(l) of the Technology Design Specifications – no component part numbers are provided, assumes components are at the discretion of Thoma Electric.
30. Regarding Section 3(d)(5) of the Technology Design Specifications – assumes in underground applications no seismic expansion joint is necessary. Additionally, we assume that the listing for (3) 4” conduits applies only to the routing between the MDF (in the PD building) and the IDF (in the FD building), the scope proposal does not include (3) 4” conduits to the existing fire station apparatus bay because no IDF is located there.
31. Regarding Section 3(d)(6) of the Technology Design Specifications – assumes that requirement for not exceeding 270-degrees of bend applies to routing between site pull-boxes, and that if total bend exceeds 270-degrees within any single conduit run that another pull-box may be added to allow for freedom of routing on-site.
32. Regarding Section 3(e)(i) through 3(e)(xiv) of the Technology Design Specifications – assumes that the term “location” means one data cable and therefore one jack position (as is explicitly described in Section 3(e)(ii)). In applying that definition to all sections (i) through (xiv) we assumes that “1 pair of 2 data locations” represents a single workarea outlet with a single faceplate and two jack positions total, with two cables total, within the same single faceplate.
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
5 33. Regarding Section 3(e)(x) of the Technology Design Specifications – we exclude voice/data outlets at each Access Control door. Access Control system as specified by Owner’s pre-selected vendor (SOV) operates on non Cat6A twisted-pair cabling and therefore we assume that access control doors do not require voice/data outlets at each door.
34. Regarding Section 3(e)(vii) of the Technology Design Specifications – clocks are not referenced in the narratives, specifications, or the low voltage technical specifications, therefore we assume that no clocks are required and therefore no infrastructure for clocks are provided.
35. Regarding Section 3(f)(vii) of the Technology Design Specifications – note that J-Hooks are allowed in accessible ceilings per this section.
36. Regarding Section 3(f)(ix) of the Technology Design Specifications – we assume that firestopping is only required where a sleeve passes through a fire-rated assembly, otherwise we exclude firestopping in non-rated assemblies.
37. Regarding Section 3(f)(xi) of the Technology Design Specifications – we assume that patch cable lengths are to be provided as specified in items (1) and (2) in this section, lengths or types required by Owner different than those listed are excluded.
38. Regarding Section 3(f)(xii) of the Technology Design Specifications – we assume that the labeling for the workstation refers to the faceplate only, not patch cable ends.
39. Regarding Section 3(f)(xv) of the Technology Design Specifications – we assume that firestopping at openings only applies to walls/floors that have a fire rated assembly, we exclude firestopping on conduits penetrating non-rated assemblies.
40. Regarding Section 4(a) of the Technology Design Specifications – we assume that all telephone handsets, servers, software, software licensing, routers, call managers, switches, PoE injectors, etc. associated with Voice over IP (VoIP) systems are provided and installed by the Owner. No costs are included in this proposal for procurement, installation, commissioning, or setup of these systems.
41. Regarding Section 4(e)(4) of the Technology Design Specifications – we assume that Owner has made provisions for any rack space required for Dispatch telephone equipment in the bridging documents space planning as provided in the MDF room Data sheets provided in the RFP. No additional locked cabinet is provided in this proposal.
42. Regarding Section 6(f) of the Technology Design Specifications – we assume that Owner will provide the necessary software and/or networking requirements to provide secure wireless. We assume that the requirement for “secure wireless for staff” is not a function of structured cabling, therefore no costs for making wireless secure are included in this scope/fee proposal.
43. Regarding Section 7(a)(iii) of the Technology Design Specifications – the required size of the projector screen as listed in this specifications section may not meet that of ANSI. Pre-bid RFI’s answered by the Owner allow for the implementation of screen sizing based on ANSI recommended viewing distances, therefore projector screen sizes are provided in this proposal based on ANSI recommendations.
44. Regarding Section 8(b)(i)(7) of the Technology Design Specifications – we assume that plenum rated cabling shall only be required where cabling is routed through plenum rated spaces. Thoma Electric excludes providing plenum rated cable through non-plenum spaces. Plenum spaces are not indicated and therefore Thoma Electric is not providing plenum rated cabling.
45. Regarding Section 8(b)(i)(7) of the Technology Design Specifications – we assume that the definition of “Blank Module” as listed in this requirement is defined as a second jack-position for a future cable, and future modular jack to be placed. “Blank Module” is assumed to mean that no cable, no jack, and therefore no termination is required of this second jack position.
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
6 46. Regarding Section 8(b)(i)(10) of the Technology Design Specifications – we assume that pathways required for installation of cabling of Video Surveillance systems may be shared and are fundamentally the same as those defined in other sections of the RFP Technical Design Specifications (for example, in Section 3(a)(xvi)(2)). Therefore, we assume that pathway may be shared or otherwise utilized as defined in other sections of this specification.
47. Regarding Section 8(b)(i)(11) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
48. Regarding Section 8(c)(ii) of the Technology Design Specifications – we assume that pathways required for installation of cabling of Access Control systems may be shared and are fundamentally the same as those defined in other sections of the RFP Technical Design Specifications (for example, in Section 3(a)(xvi)(2)). Therefore, we assume that pathway may be shared or otherwise utilized as defined in other sections of this specification.
49. Regarding Section 8(c)(iv)(3) of the Technology Design Specifications – For the Fire Department, we have been instructed by the City’s IT department to not include a Fire Department Access Control System within the Access Control scope of work because of the nature of Cal Fire employees not being City employees. Instead, mechanical locks with levers and key-cores have been requested to be provided in the future by a vendor of the Owner’s choosing. Therefore, we have excluded an access control system within the Fire Department including any power, readers, networking, cabling, infrastructure, conduit, etc. for powered access control locations.
50. Regarding Section 8(c)(iv) of the Technology Design Specifications – Zones as provided in the RFP response have been directed by City’s pre-selected vendor (SOV) and as such constitute the requirements for access-control locations placed on the DBE. Additional doors as directed by the City may be considered at added cost.
51. Regarding Section 8(d)(i)(2)(c) of the Technology Design Specifications – There may be instances where Intercom cabling cannot be provided with a 1-foot of separation from AC sources, therefore we assume that where crossing at a 90-degree angle, separation of conductors will be acceptable at any distance, and running more than 12-feet in length in any single route, while in parallel to a 120V source, less than 1-foot of separation will be prohibited.
52. Regarding Section 9(a)(i) of the Technology Design Specifications – Supports for the antenna structures are provided at the parapet walls or mechanical screen walls independent of apparatus as referenced in this section, as has been discussed with City’s recommended radio vendor (ATG). Therefore, no additional penetrations or supports have been included as the support apparatus is similarly not included.
53. Regarding Section 9(b)(i)(1) of the Technology Design Specifications – we assume that firestopping is only required where a conduit/raceway is penetrating a rated wall/floor, we exclude fire stopping at each penetration if the wall/floor assembly does not require a rating.
54. Regarding Section 9(d)(i) of the Technology Design Specifications – As required in Section 9(d)(i)(1)(a) and (b) the radio surveys only for bi-directional antenna are provided, therefore per 9(d)(i) Thoma Electric excludes any additional raceway, wiring, switching, power, controls, electronics, licensing, etc. to provide a bi-directional amplifier for either the PD or FD facility.
55. Regarding Section 9(d)(ii) of the Technology Design Specifications – the RFP clearly does not require a small-cell network for cellular coverage system to be installed, therefore Thoma Electric assumes it will not be required and is therefore excluded from the scope of work in this proposal.
Assumes that if major loss of signal is identified during surveying work required under this
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
7 section, then costs of all work related to addition of interior small cell network for cellular will be identified as additional to the base scope of work and added to Thoma Electric’s contract.
56. We assume that the City of Pismo Beach IT will provide analog audio sources as inputs for the Police Station Public Address system.
57. Assumes Owner will take ownership of all software licensing and/or operations agreements upon Owner’s occupancy, Software terms, usage terms, and any required licensing are passed through to end user as-is upon Owner’s occupancy. Software licensing or yearly subscriptions of low voltage systems is valid for the following durations (proposal excludes any software licensing or subscriptions for any systems that are not explicitly listed below):
a. Access Control – 1-year
b. Fire Station Alerting System – 1-year
58. Assumes that any licensing agreement or authorization for radio systems installed under this project with local, state, federal, or any other jurisdiction, including any payment of fees, is separately provided by Owner direct to licensing agencies. No costs are included in this proposal for radio licensing or authorization to transmit.
59. Assumes that Owner already has an existing AMAG SSA (service agreement with existing Access Control Server equipment) located at City Hall in Pismo Beach. We assume that costs for adding access control doors and credentials under this proposal will constitute an addition to the existing service agreement with a 1-year term only. Agreement terms and conditions to be separately negotiated by Owner.
60. Assumes that upon establishing new Utility point of demarcation of serving low-voltage utilities (Charter/Spectrum and AT&T) that City of Pismo Beach IT services will coordinate with all other non-DBE provided equipment and services vendors or contractors for incorporation of their equipment, commissioning, licensing, setup, migration, etc. as required for fully functional dispatch operations. Thoma Electric excludes project management time, labor, equipment, materials, etc. to coordinate with Owner’s separately retained vendors or contractors for low- voltage services unless explicitly included in this proposal.
61. Assumes that the Owner will provide all necessary points of connection with analog or IP based input/output for integration with low voltage systems such as, but not limited to, the Fire Station Alerting System, Paging, etc. Such input/output equipment/jacks/locations/etc. are assumed to be provided at MDF by the Owner.
62. Assumes Owner has arranged any and all provisions for power, utility, or low-voltage service for temporary relocation of any and all fire and police operations. Excludes all design and construction services for setup/teardown/relocation of existing or new temporary services off-site or on-site for any power or low-voltage services that may be required for police or fire operations to continue after Owner vacates the site for construction activities.
63. Assumes that Owner has separately procured the Computer Aided Dispatch (CAD) systems, if necessary for this project. As no CAD system is required by the RFP, none is provided, and therefore we assume that any servers, workstations, monitors, peripherals, hardware, software licensing, recurring usage fees, etc. required to operate a CAD system shall be provided and installed by Owner.
64. Assumes that Fire Alarm monitoring service will be transferred to Owner immediately upon Owner occupancy, and that any recurring fees, licensing, etc. associated with monitoring of Fire Alarm system shall be transferred to Owner.
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
8 Scope of Work Breakdown for Communications Systems:
As a result of the Owner desiring to include some of the low-voltage systems in the FF&E budget (as requested in the RFP), the following are our assumptions regarding scope/cost allocation to Thoma Electric, to the FF&E budget (which is the Owner’s responsibility and not included in Thoma Electric’s cost of construction), and to the Owner:
1. The following scopes of work are included within Thoma Electric’s scope/cost:
a. Underground communications conduits from AT&T and Charter points of connection on- site (carrier to install service conductors, Owner to pay all utility fees and establish carrier services associated).
b. Voice/data cabling in-building and associated patch cables per the RFP. c. UPS for MDF and IDFs, refer to technical narrative for rough sizing. d. Testing only for reception levels of small-cell carriers for future in-building cellular distributed antenna system (installation of system not included, testing is included). e. Move of the dispatch logging recorder currently located in the police station to City Hall. f. 4-post cabinets for radio network systems in MDF and IDFs, and associated PDU’s. g. Overhead cable-tray “ladder rack” (in MDF and IDFs) and station workarea outlet/field device pathway for dispatch workstations.
h. Rough-in to roof and antenna support structure for roof-mounted police dispatch antennas.
i. Testing only for reception levels of local emergency radio carriers for future in-building bi-directional antenna system (installation of system not included, testing is included). j. Antenna grounding, rough-in for GND bus bar at MDF and main electrical service. k. Rough-in of electrical raceway for audio/video systems. l. CableTV in-building cable distribution system.
m. Rough-in and head-end equipment for both Fire Station Alerting System and PA system in police department and fire department.
n. Rough-in for Electronic Security Systems including cabling and power for surveillance cameras, access-control locations, and intercom locations. Note that Fire Department does not have electronic access control, as it is not required.
2. The following scopes of work are included in the FF&E scope/cost (and is not included in Thoma Electric’s base contract scope/cost):
a. Dispatch workstations, including console furniture, Avtec consoles, radio headsets, foot- switches, microphones, PC’s, monitors, printers, and peripherals. b. City of Pismo Beach police dispatch radio systems and WAN radio. c. Antenna mounting to roof, including cable termination of coaxial cables and bonding of antenna system, dispatch consoles, etc.
d. Permanently installed audio/video systems, speakers, equipment racks, wall mounted control panels, meeting room displays for non-dispatch related audio/video systems or otherwise not listed as Owner provided.
e. Workstation for intercom system, including standard monitor and peripherals. f. Workstation for video surveillance system, including standard monitor and standard peripherals.
g. Workstation for access-control badging and Controls, including standard monitor, dual sided card printer, and standard peripherals.
F+H Construction
Pismo Beach Public Safety Facility
Thoma Electric, Inc.
9 h. Touchscreen for Access Control (map for unlocking doors/gates) at Dispatch locations – total of (5) locations with mounts.
i. Video surveillance system including cameras, NVR recording system, and PoE ethernet switches.
j. Access Control system including card readers, access control panels, and software licensing (1-year), and access control credentials (cards). k. Interview room recording systems – integrated with video surveillance systems (note that the ability to switch on/off recording interior to interview room is not included). l. Intercom door hardware (integrated camera/speaker/microphone) local to select doors.
3. The following scopes of work are excluded from Thoma Electric’s scope/cost to procure or install (and therefore excluded from Thoma Electric’s scope/cost):
a. Network switches, servers, firewall, router, telephone, VoIP systems and handsets, any other business/phone switches, public safety telephone, and 911 specialty telephone equipment.
b. Desks, personal computers, scanners, multifunction copiers, monitor’s, mice, keyboards, printers, peripherals for non-dispatch workstations.
c. Wireless Access Points (owner furnished, contractor installed) d. Any and all network switches, routers, firewall for dispatch for non-dispatch functions. e. Any other City of Pismo Beach Radio systems not listed in the RFP. f. Dispatch audio/video systems including displays, monitors/televisions not requiring integration with wall mounted controls.
g. CableTV set-top boxes.
h. Computer Aided Dispatch (CAD) system in its entirety. i. Access Control System Server (assumes existing server at City Hall is sufficient to serve new PD/FD locations).
(1'2)'2&80(17
#SJEHJOH%PDT
JODMVEFEJOQBDLBHF
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 5500 - 1
NOTICE TO PROCEED
WITH CONSTRUCTION
DOCUMENT 00 5500
NOTICE TO PROCEED WITH CONSTRUCTION
Dated: ______________________, 202__
To:
(Design-Build Entity)
Address:
CONTRACT FOR: CITY OF PISMO BEACH PUBLIC SAFETY FACILITY
PISMO BEACH, CA
CONTRACT NO: [INSERT NUMBER]
You are notified that the Contract Time under the above Contract will commence to run on _____________________________________, 202__. On that date, you are to start performing your obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 2 of Document 00 5200 (Agreement), the dates of Substantial Completion and Final Completion for the entire Work are __________________________, 202__ and __________________________, 202__, respectively.
Before you may start any Work at the Site, you must:
1. Submit certified Safety Program and related information
2. Obtain any and all required permits
CITY OF PISMO BEACH
By:
(Print Name)
Its: Project Manager
Date: _______________________________________________
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 5501 - 1
NOTICE TO PROCEED
WITH DESIGN SERVICES
DOCUMENT 00 5501
NOTICE TO PROCEED WITH DESIGN SERVICES
Dated: ______________________, 202__
To:
(Design-Build Entity)
Address:
CONTRACT FOR: CITY OF PISMO BEACH PUBLIC SAFETY FACILITY
PISMO BEACH CA
CONTRACT NO: [INSERT NUMBER]
You are notified that the Contract Time under the above Contract will commence to run on _____________________________________, 202__. On that date, you are to start performing your design obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 2 of Document 00 5200 (Agreement), the date of Substantial Completion of the Project is _____________________________, 202__, the date of Final Completion is _____________________________, 202__, and the date the Certificate of Occupancy must be obtained is _____________________________, 202__.
Before you may start any Work at the Site, you must:
1. Submit certified Safety Program and related information
2. Obtain any and all required permits
CITY OF PISMO BEACH
By:
(Print Name)
Its: Project Manager
Date: _______________________________________________
END OF DOCUMENT
*OTVSBODFBOE
*OEFNOJUZ3FRVJSFNFOUT
UPCFQSPWJEFECZ
DPOUSBDUPS
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.13 - 1
CONSTRUCTION
PERFORMANCE BOND
DOCUMENT 00 6113.13
CONSTRUCTION PERFORMANCE BOND
(Design-Build)
THIS CONSTRUCTION PERFORMANCE BOND (“Bond”) is dated [Month, Day], 202_ is in the amount of Insert Amount (“Penal Sum”),which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Design-Build Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to [Name of Design-Build Entity] (”Design-Build Entity”), [Insert name of Surety] (“Surety”), CITY OF PISMO BEACH (“Owner”), or other party shall be considered plural where applicable.
DESIGN-BUILD ENTITY: SURETY:
[Insert name of Design-Build Entity] [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
DESIGN-BUILD CONTRACT: Agreement for the City of Pismo Beach Public Safety Facility located at 1000 Bello Street in Pismo Beach, California, dated [Month, Day], 202_, in the amount of [ Insert Amount ]).
DESIGN-BUILD ENTITY AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.13 - 2
CONSTRUCTION
PERFORMANCE BOND
BOND TERMS AND CONDITIONS
1 Design-Build Entity and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Design-Build Contract, which is incorporated herein by reference. 2 If Design-Build Entity completely and properly performs all of its obligations under the Design-Build Contract, Surety and Design-Build Entity shall have no obligation under this Bond.
3 If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Design-Build Entity Default under the Design-Build Contract pursuant to the terms of the Design- Build Contract; and
3.2 Owner has agreed to pay the Balance of the Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Design-Build Contract; or
3.2.2 To a Design-Build Entity selected to perform the Design-Build Contract in accordance with the terms of this Bond and the Design-Build Contract. 4 When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Design-Build Entity, with consent of Owner, to perform and complete the Design-Build Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Design-Build Contract itself, through its agents or through independent contractors or design-build entities; provided, that Surety may not select Design-Build Entity as its agent or independent contractor or design-build entity without Owner’s consent; or
4.3 Undertake to perform and complete the Design-Build Contract by obtaining bids from qualified contractors or design-build entities acceptable to Owner for a contract for performance and completion of the Design-Build Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or design- build entity selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Design-Build Contract; and, if Surety’s obligations defined in Paragraph 7 below, exceed the Balance of the Contract Sum, then Surety shall pay to Owner the amount of such excess; or
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.13 - 3
CONSTRUCTION
PERFORMANCE BOND
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or design-build entity, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 7 below, for the performance and completion of the Design-Build Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Design-Build Entity Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraph 7 below. 5 If Surety does not proceed as provided in Paragraph 4 above, then Surety shall be deemed to be in default on this Bond ten (10) days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent from the Design-Build Entity Default. To the extent Surety’s independent default causes Owner to suffer damages, including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Design-Build Contract, Surety shall also be liable for such damages.
6 At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Design-Build Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors or design-build entities.
7 If Surety timely elects to act under Paragraphs 4.1, 4.2 or 4.3 above and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with the obligations of Design-Build Entity under the Design-Build Contract. Surety’s obligations shall include, but are not limited to:
7.1 The responsibilities of Design-Build Entity under the Design-Build Contract for completion of the Design-Build Contract and correction of Defective Work;
7.2 The responsibilities of Design-Build Entity under the Design-Build Contract to pay liquidated damages; and
7.3 Additional legal, design professional and delay costs resulting from Design-Build Entity Default or resulting from the actions or failure to act of the Surety under Paragraph 4 above (but excluding attorney’s fees incurred to enforce this Bond). 8 If Surety timely elects to act under Paragraphs 4.1, 4.3 or 4.4 above and complies with its obligations under this Bond, Surety’s monetary obligation under this Bond is limited by the amount of this Bond identified herein as the Penal Sum. 9 No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.13 - 4
CONSTRUCTION
PERFORMANCE BOND
10 Surety hereby waives notice of any change, alteration, or addition to the Design-Build Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 6 above. Surety consents to all terms of the Design-Build Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. No action under Paragraph 10 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond unless such action is an Owner Default. Except in the event of an Owner Default, and to the extent Surety is damaged thereby, Surety hereby waives the provisions of California Civil Code Section 2809, and any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal. 11 Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Design-Build Entity regarding the Design-Build Contract, or in the courts of the County of San Luis Obispo, or in a court of competent jurisdiction in the location in which the Work is located.
Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12 All notices to Surety or Design-Build Entity shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Document 00 5200 (Agreement). Actual receipt of notice by Surety, Owner or Design-Build Entity, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 13 Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14 Definitions
14.1 Balance of the Contract Sum: The total amount payable by Owner to Design- Build Entity pursuant to the terms of the Design-Build Contract after all proper adjustments have been made under the Design-Build Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Design-Build Contract.
14.2 Design-Build Contract: The agreement between Owner and Design-Build Entity identified on the signature page of this Bond, including all Contract Documents and changes thereto.
14.3 Design-Build Entity Default: Material failure of Design-Build Entity, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Design-Build Contract, limited to “default” or any other condition allowing a termination for cause as provided in Document 00 7200 (General Conditions).
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.13 - 5
CONSTRUCTION
PERFORMANCE BOND
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Design-Build Entity progress payments due under the Design-Build Contract or to perform other material terms of the Design-Build Contract, if such failure is the cause of the asserted Design-Build Entity Default and is sufficient to justify Design-Build Entity termination of the Design-Build Contract.
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.16 - 1
CONSTRUCTION LABOR
AND MATERIAL PAYMENT
BOND
DOCUMENT 00 6113.16
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, the City of Pismo Beach (“Owner”) has awarded to (Name of Design- Build Entity)
as Principal Contract Number dated the day of
, 20___ (the “Contract”), titled THE CITY OF PISMO BEACH PUBLIC SAFETY FACILITY PROJECT in the amount of $ , which Contract is by this reference made a part hereof, for the Work of the following Contract:
A. Work is comprised of the design and construction of the City of Pismo Beach Public Safety Facility located at 1000 Bello Street in Pismo Beach, California.
1.01 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.02 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety)________________________ , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.03 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code §9100, or amounts due under the State of California 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 State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise and subject to the provisions of Section 1.05 below, the above obligation shall become and be null and void.
1.04 This bond shall inure to the benefit of any of the persons named in California Civil Code §9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.05 Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6113.16 - 2
CONSTRUCTION LABOR
AND MATERIAL PAYMENT
BOND
fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
DESIGN-BUILD ENTITY AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Address: Address:
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6325 - 1
SUBSTITUTION REQUEST
DOCUMENT 00 6325
SUBSTITUTION REQUEST FORM
(Subject to Requirements of Section 01 1101 (Summary of Work – Design-Build Design Services) To: CITY OF PISMO BEACH, Owner
760 Mattie Road,
Pismo Beach, California 93449
PROJECT:
Pismo Beach Public Safety Facility
Owner Project No: ___________________
Design-Build Entity:
Substitution
Request By:
Firm:
Transmittal Record Attn: Firm: Date
Sent:
Date
Rec’d:
Date
Due:
Design-Build Entity to
Owner
Design-Build Entity to Criteria
Architect
Owner / Criteria Architect to
Consultant
Criteria Architect to Owner
Representative
Owner Representative to
Design-Build Entity
We hereby submit for your consideration the following product instead of the specified item for the Project:
Section / Drawing Article Specified Item
Proposed Substitution:
We have (a) attached manufacturer’s literature, including complete technical data and laboratory test results, if applicable, (b) attached an explanation of why proposed substitution is a true equivalent to specified item, (c) included complete information on changes to Contract Documents that the proposed substitution will require for its proper installation, and (d) filled in the blanks below:
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6325 - 2
SUBSTITUTION REQUEST
Design-Build Entity to complete questions that follow and certifies to the accuracy of all answers:
A. Does the substitution affect dimensions shown on Drawings? Yes __ / No __. If No, please explain proposed mitigation and why substitution is equivalent to originally specified item:
B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes __ / No __. If No, please state reasons explain why substitution is equivalent to originally specified item:
C. What effect does the substitution have on other trades? No effect: __ / Some effect__.
If substitution will affect other trades, please explain the effect and why substitution is equivalent to originally specified item:
D. Will substitution cause change to Project Schedule, or to critical delivery dates? Add? Shorten? If the substitution will add to schedule dates or affect critical activities, please explain why substitution is equivalent to originally specified item:
E. Please describe differences between proposed substitution and specified item? Please explain and identify any and all differences, and please explain why substitution is equivalent to originally specified item:
F. What is the Cost Differential to Design-Build Entity in original specified item and proposed substitution including all mark-ups? [If substitution requested prior to Contract execution, skip this question.]
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6325 - 3
SUBSTITUTION REQUEST
G. Are Manufacturer's guarantees for the proposed item the same as for item specified? Yes ____; No____. If No, please explain why substitution is equivalent to originally specified item:
H. Design-Build Entity accepts full responsibility for delays caused by redesign of other items of the Work necessitated by substitution? Yes __ / No __. If No, please state reasons and explain why substitution is equivalent to originally specified item:
I. Design-Build Entity states that the function, appearance and quality are equivalent or superior to the specified item? Yes __ / No __. If No, please explain why substitution is equivalent to originally specified item:
We certify that the function, appearance, and quality of the proposed substitution are equivalent or superior to those of the specified item, except as we may specifically state otherwise in this request.
Submitted by: Signature:
Firm: Date:
Address: Phone/ Fax:
Email: __________________________
Remarks:
Consultant Response:
Accepted
Not Accepted
Accepted As Noted
Accepted As Noted
Owner Representative Response:
Accepted
Not Accepted
Accepted As Noted
Accepted As Noted
Remarks:_________________________ Remarks:_____________________________ _________________________________ _____________________________________ By:______________________________ By:__________________________________
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6200 - 1
WITHHELD CONTRACT
FUNDS CERTIFICATION
DOCUMENT 00 6200
WITHHELD CONTRACT FUNDS CERTIFICATION
PART 1 - GENERAL
1.01 SUMMARY
A. Public Contract Code Section §22300 requires the inclusion in invitations for public agency bids and in public agency contracts a provision which will, at the expense of the Design-Build Entity, permit the substitution of securities of equal value for any construction progress monies withheld to ensure performance under a contract.
Therefore, as the Design-Build Entity for the City of Pismo Beach Public Safety Facility, Design-Build Entity hereby certifies the following:
[ ] I do not intend to substitute securities for monies withheld and thereby avail myself of the process and rights provided in Public Contract Code Section §22300.
[ ] I do intend to exercise my option as specified in Public Contract Code Section §22300 and hereby agree to the following:
1. I will establish an escrow agreement satisfactory to the City, with a state or federally chartered bank, which shall contain at a minimum, provisions governing inter alia:
a. The amount of securities to be deposited;
b. The type of securities to be deposited, (eligible securities for deposit are described in Government Code Section 16430);
c. The providing of powers of attorney or other documents necessary for the transfer of the securities deposited;
d. The terms and conditions of conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract;
e. The decrease in value of securities on deposit; and
f. The termination of the escrow agreement upon completion of the contract and acceptance by the City.
2. I will obtain written consent of the surety to any such agreement; and
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6200 - 2
WITHHELD CONTRACT
FUNDS CERTIFICATION
3. I will attach to each progress payment submitted a notarized copy of escrow instructions executed by agents thereof and on bank letterhead as proof that such an account has been established. Such instructions will set forth those securities deposited shall not be withdrawn for any purpose (with contractor’s complete and unreserved agreement) without prior written approval by the City of Pismo Beach with respect to the Project herein above referenced.
__________________________________
Signature of Design-Build Entity
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6290 - 1
ESCROW AGREEMENT
FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
DOCUMENT 00 6290
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION California Public Contract Code §22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this day of ________________, 202__, by and between the City of Pismo Beach, (“Owner”), whose address is 760 Mattie Road, Pismo Beach, California 93449, (Name of Design-Build Entity)____ ________ (“Design-Build Entity”), whose place of
business is located at (Design-Build Entity’s Address) , and [ ] Owner, as escrow agent OR [ ] (Name of Bank) , a state or federally chartered bank in the State of California, whose place of business is located at (“Escrow Agent”).
For the consideration hereinafter set forth, Owner, Design-Build Entity and Escrow Agent agree as follows:
1.01 Pursuant to California Public Contract Code §22300, Design-Build Entity has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number entered into between Owner and Design-Build Entity for the City of Pismo Beach Public Safety Facility Project located at 1000 Bello Street in Pismo Beach, California in the amount of $________________________ dated ___________________, 202__ (the “Contract”).
Alternatively, on written request of Design-Build Entity, Owner shall make payments of the retention earnings directly to Escrow Agent. When Design-Build Entity deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between Owner and Design-Build Entity. Securities shall be held in name of _____________________________ and shall designate Design-Build Entity as the beneficial owner.
1.02 Owner shall make progress payments to Design-Build Entity for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.
1.03 When Owner makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Design-Build Entity until the time that the escrow created under this Escrow Agreement is terminated. Design-Build Entity may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.
1.04 Design-Build Entity shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. Such expenses and payment terms shall be determined by Owner, Design-Build Entity, and Escrow Agent.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6290 - 2
ESCROW AGREEMENT
FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
1.05 Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Design-Build Entity and shall be subject to withdrawal by Design-Build Entity at any time and from time to time without notice to Owner.
1.06 Design-Build Entity shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to withdrawal of amount sought to be withdrawn by Design-Build Entity.
1.07 Owner shall have the right to draw upon the securities in the event of default by Design- Build Entity. Upon seven Days’ written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.
1.08 Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Design-Build Entity has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Design-Build Entity all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
1.09 Escrow Agent shall rely on written notifications from Owner and Design-Build Entity pursuant to Paragraphs 1.05 through 1.08, inclusive, of this Document 00 6290 and Owner and Design-Build Entity shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth above.
1.10 Names of persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Design-Build Entity in connection with the foregoing, and exemplars of their respective signatures are as follows:
ON BEHALF OF OWNER:
CITY OF PISMO BEACH ON BEHALF OF DESIGN-BUILD ENTITY:
____________________________________ ___________________________________ Title Title
____________________________________ ___________________________________ Name Name
____________________________________ ___________________________________ Signature Signature
____________________________________ ___________________________________ Address Address
____________________________________ ___________________________________ City/State/Zip Code City/State/Zip Code
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6290 - 3
ESCROW AGREEMENT
FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
At the time the Escrow Account is opened, Owner and Design-Build Entity shall deliver to Escrow Agent a fully executed counterpart of this Document 00 6290 (Escrow Agreement).
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.
OWNER: CITY OF PISMO BEACH DESIGN-BUILD ENTITY:
____________________________________ ___________________________________ Title Title
____________________________________ ___________________________________ Name Name
____________________________________ ___________________________________ Signature Signature
ATTEST:
_____________________________________
Signature
_____________________________________
Print Name
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6290 - 4
ESCROW AGREEMENT
FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
ESCROW AGENT:
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
REVIEWED AS TO FORM:
_____________________________________
Counsel for Owner
_____________________________________
Print Name
_____________________________________
Date
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6530 - 1
AGREEMENT AND
RELEASE OF ANY AND ALL
CLAIMS
DOCUMENT 00 6530
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
[Public Contract Code § 7100]
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS (“Agreement and Release”), made and entered into this _______ day of ____________________, 202__, by and between the City of Pismo Beach (“Owner”), and ______________________________________ (“Design-Build Entity”), whose place of business is ____________________________________.
1.01 Owner and Design-Build Entity entered into Contract for Project Number __________ (the “Contract”) for construction of the City of Pismo Beach Public Safety Facility Project located at 1000 Bello Street, Pismo Beach, California.
1.02 The Work under the Contract has been completed.
1.03 NOW THEREFORE, it is mutually agreed between Owner and Design-Build Entity as follows:
A. Design-Build Entity will not be assessed liquidated damages except as detailed below:
Original Contract Sum $ _________________________________ Modified Contract Sum $ _________________________________ Payment to Date $ _________________________________
Liquidated Damages $ _________________________________
Payment Due Design-Build Entity $ _________________________________ B. Subject to the provisions of this Agreement and Release, Owner will forthwith pay to Design-Build Entity the sum of
____________________________________________________________ Dollars and ____________ Cents ($_____________________) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment.
C. Design-Build Entity acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in Paragraph 1.03(E) of this Document 00 6530. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Design-Build Entity against Owner, and all if its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in Paragraph 1.03(E) of this Document 00 6530. Nothing in this Agreement and Release shall limit or modify Design-Build Entity’s continuing obligations described in Paragraph 6 of this Document 00 6530.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6530 - 2
AGREEMENT AND
RELEASE OF ANY AND ALL
CLAIMS
D. The following claims submitted under Document 00 7253 (General Conditions), Article 12, are disputed (hereinafter, the “Disputed Claims”) and are specifically excluded from the operation of this Agreement and Release.
E. Claim Form [Insert information in Chart below, affix attachment if necessary] CLAIM NO.
DATE
SUBMITTED DESCRIPTION OF CLAIM
AMOUNT OF
CLAIM
F. Consistent with California Public Contract Code §7100, Design-Build Entity hereby agrees that, in consideration of the payment set forth in Paragraph 1.03(B) of this Document 00 6530, Design-Build Entity hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract.
G. Guarantees and warranties for the Work, and any other continuing obligation of Design-Build Entity, shall remain in full force and effect as specified in the Contract Documents.
H. Design-Build Entity shall immediately defend, indemnify and hold harmless Owner, any of the Owner’s Representatives, Project Manager, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Design-Build Entity’s suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in Paragraph 1.03(E) of this Document 00 6530.
1.04 Design-Build Entity hereby waives the provisions of California Civil Code §1542, which provide as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, WHICH IF KNOWN
BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6530 - 3
AGREEMENT AND
RELEASE OF ANY AND ALL
CLAIMS
1.05 The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.
1.06 Design-Build Entity represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.
1.07 All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * OWNER: CITY OF PISMO BEACH
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
ATTEST:
______________________________________________________
Secretary
______________________________________________________
Print
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6530 - 4
AGREEMENT AND
RELEASE OF ANY AND ALL
CLAIMS
DESIGN-BUILD ENTITY:
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
ATTEST:
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
REVIEWED AS TO FORM:
Dated: ___________________________, [202__]
By: ______________________________________________________ Counsel for Owner
Name: __________________________________________________ Print
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6536 - 1
GUARANTY
DOCUMENT 00 6536
GUARANTY
TO: The CITY OF PISMO BEACH (“Owner”), for construction of
THE PISMO BEACH PUBLIC SAFETY FACILITY PROJECT
located at 1000 Bello Street, Pismo, California.
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.
Design-Build Entity hereby grants to Owner for a period of ten (10) years following the date of Final Acceptance of the Work completed, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all design, engineering, professional services, labor, materials and equipment provided by Design-Build Entity and its Subcontractors of all tiers in connection with the Work.
Neither final payment nor use nor occupancy of the Work performed by the Design-Build Entity shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Design-Build Entity of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Design-Build Entity shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within ten years, or longer if specified, from the date of Final Acceptance of the Work completed.
If within ten (10) years after the date of Final Acceptance of the Work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be Defective, Design-Build Entity shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work.
Design-Build Entity shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Design-Build Entity fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Design-Build Entity shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Design-Build Entity fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
Inspection of the Work shall not relieve Design-Build Entity of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Design- Build Entity shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 6536 - 2
GUARANTY
The foregoing Guaranty is in addition to any other warranties of Design-Build Entity contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Design-Build Entity under the Contract Documents and at law with respect to Design-Build Entity’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Design- Build Entity under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Design-Build Entity.
Date: ______________________, 20___
Design-Build Entity's name
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
END OF DOCUMENT
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - i
GENERAL CONDITIONS –
DESIGN-BUILD
DOCUMENT 00 7253
GENERAL CONDITIONS
(Design-Build)
TABLE OF CONTENTS
ARTICLE 1 – GENERAL ............................................................................................................. 1
1.01 Defined Terms ............................................................................................................. 1
1.02 Contract Documents .................................................................................................... 1
1.03 Precedence Of Contract Documents ........................................................................... 1 ARTICLE 2 – SCOPE OF DESIGN-BUILD OBLIGATION ......................................................... 2
2.01 All-Inclusive Design-Build Obligation ........................................................................... 2
2.02 Description Of Design Requirements .......................................................................... 3
2.03 Owner’s Right To Review ............................................................................................ 4
2.04 Description Of Construction Obligations ...................................................................... 4 ARTICLE 3 – REQUIRED INVESTIGATIONS ............................................................................ 8
3.01 Required Investigations – All Projects ......................................................................... 8
3.02 Required Investigations – Renovation Projects ........................................................... 9
3.03 Required Investigations – Excavation And Utilities Relocation Projects ...................... 9 ARTICLE 4 – CONTRACT AWARD AND COMMENCEMENT OF THE WORK ...................... 10
4.01 Award Of Contract ..................................................................................................... 10
4.02 Commencement Of Design and Construction Work .................................................. 11
4.03 Subcontractors .......................................................................................................... 11 ARTICLE 5 – BRIDGING DOCUMENTS, DRAWINGS AND SPECIFICATIONS .................... 13
5.01 General ...................................................................................................................... 13
5.02 Intent .......................................................................................................................... 13
5.03 Drawing Details ......................................................................................................... 14
5.04 Interpretation of Drawings And Specifications ........................................................... 14
5.05 Checking Of Drawings ............................................................................................... 14
5.06 Standards To Apply Where Specifications Are Not Furnished .................................. 15
5.07 Deviation From Specifications And Drawings ............................................................ 15
5.08 Ownership And Use of Drawings, Specifications And Contract Documents – Ownership Of Results/Works For Hire ....................................................................... 16 ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS .................. 17
6.01 Owner’s Right To Perform Construction And To Award Separate Contracts ............ 17
6.02 Mutual Responsibility ................................................................................................. 17
6.03 Owner Authority Over Coordination ........................................................................... 18
6.04 Owner Furnished Products ........................................................................................ 18 ARTICLE 7 – OWNER AND PAYMENT ................................................................................... 19
7.01 Owner Representative(s) ........................................................................................... 19
7.02 Means And Methods Of Construction ........................................................................ 19
7.03 Receipt And Processing Of Applications For Payment .............................................. 19
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - ii
GENERAL CONDITIONS –
DESIGN-BUILD
ARTICLE 8 – CONTROL OF THE WORK ................................................................................ 19
8.01 Supervision Of Work By Design-Build Entity ............................................................. 19
8.02 Observation Of Work By Owner ................................................................................ 20
8.03 Delegation To Consultant .......................................................................................... 21
8.04 Access To Work ........................................................................................................ 22 ARTICLE 9 – WARRANTY, GUARANTY, AND INSPECTION OF WORK .............................. 22
9.01 Warranty And Guaranty ............................................................................................. 22
9.02 Inspection Of Work .................................................................................................... 24
9.03 Correction Of Defective Work .................................................................................... 25
9.04 Acceptance And Correction Of Defective Work By Owner ........................................ 27
9.05 Rights Upon Inspection Or Correction ....................................................................... 27
9.06 Samples And Tests Of Materials And Work .............................................................. 28
9.07 Proof Of Compliance Of Contract Provisions ............................................................ 28
9.08 Acceptance ................................................................................................................ 28 ARTICLE 10 – DESIGN-BUILD ENTITY’S ORGANIZATION AND EQUIPMENT ................... 28
10.01 Design-Build Entity’s Legal Address .......................................................................... 28
10.02 Design-Build Entity’s Office At The Work Site ........................................................... 29
10.03 Design-Build Entity’s Superintendents Or Forepersons ............................................ 29
10.04 Proficiency In English ................................................................................................ 29
10.05 Design-Build Entity’s And Subcontractors’ Employees .............................................. 29
10.06 Design-Build Entity To List Trades Working .............................................................. 29
10.07 Design-Build Entity’s Use Of The Site ....................................................................... 29 ARTICLE 11 – PROSECUTION AND PROGRESS OF THE WORK ....................................... 30
11.01 Design-Build Entity To Submit Required Schedules .................................................. 30
11.02 Design-Build Entity To Supply Sufficient Workers And Materials .............................. 30
11.03 Design-Build Entity To Protect Underground Facilities .............................................. 31
11.04 Design-Build Entity To Locate Underground Utilities ................................................. 32
11.05 Connections To Or Alterations To Existing Conditions And Facilities ....................... 34
11.06 Lines And Grades ...................................................................................................... 34
11.07 Design-Build Entity To Not Disrupt Owner Operation ................................................ 35
11.08 Maintenance, Product Handling, And Protection ....................................................... 35
11.09 Electronic Communications And Information Distribution .......................................... 36
11.10 Design-Build Entity To Require, Review, Approve And Submit Submittals And Shop Drawings In Addition To Completed Design Drawings ..................................... 37
11.11 Cost Data ................................................................................................................... 38
11.12 Record Documents .................................................................................................... 39 ARTICLE 12 – CLAIMS BY DESIGN-BUILD ENTITY .............................................................. 39
12.01 General ...................................................................................................................... 39
12.02 Mandatory Procedures For Disputed Work ............................................................... 40
12.03 Action On Claims ....................................................................................................... 42
12.04 Claim Format ............................................................................................................. 42
12.05 Subcontractor Claims ................................................................................................ 43
12.06 Waiver And Substantial Compliance ......................................................................... 43
12.07 Intent .......................................................................................................................... 44
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - iii
GENERAL CONDITIONS –
DESIGN-BUILD
ARTICLE 13 – LEGAL AND MISCELLANEOUS ..................................................................... 44
13.01 Laws And Regulations ............................................................................................... 44
13.02 Permits And Taxes .................................................................................................... 45
13.03 Concealed Or Unknown Conditions........................................................................... 45
13.04 Notice Of Hazardous Waste Or Materials Conditions ................................................ 46
13.05 Suspension Of Work .................................................................................................. 47
13.06 Termination Of Contract For Cause........................................................................... 48
13.07 Termination Of Contract For Convenience ................................................................ 50
13.08 Contingent Assignment Of Subcontracts and Design Agreements ........................... 52
13.09 Remedies and Contract Integration ........................................................................... 52
13.10 Patents ...................................................................................................................... 53
13.11 Substitution For Patented And Specified Articles ...................................................... 54
13.12 Interest Of Public Officers .......................................................................................... 54
13.13 Limit Of Liability ......................................................................................................... 54
13.14 Severability ................................................................................................................ 54
13.15 Ownership Of Results/Works For Hire ....................................................................... 54
13.16 Free Of Liens ............................................................................................................. 55 ARTICLE 14 – MODIFICATIONS OF CONTRACT DOCUMENTS .......................................... 55
14.01 Alterations, Modifications And Force Account Work .................................................. 55 ARTICLE 15 – TIME ALLOWANCES ....................................................................................... 57
15.01 Entitlement To Change Of Contract Time .................................................................. 57
15.02 Notice Of Delay ......................................................................................................... 58
15.03 Time Extensions And/Or Damages Entitlements For Delays .................................... 59
15.04 Liquidated Damages .................................................................................................. 59 ARTICLE 16 – WORKING CONDITIONS AND PREVAILING WAGES ................................... 60
16.01 Use Of Site/Sanitary Rules ........................................................................................ 60
16.02 Protection Of Work, Persons, Property And Operations ............................................ 61
16.03 Responsibility For Safety And Health ........................................................................ 62
16.04 Emergencies .............................................................................................................. 62
16.05 Use Of Roadways And Walkways ............................................................................. 62
16.06 Nondiscrimination ...................................................................................................... 63
16.07 Prevailing Wages ....................................................................................................... 63
16.08 Environmental Controls ............................................................................................. 64
16.09 Shoring Safety Plan ................................................................................................... 65
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - iv
GENERAL CONDITIONS –
DESIGN-BUILD
[ THIS PAGE INTENTIONALLY LEFT BLANK ]
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 1
GENERAL CONDITIONS –
DESIGN-BUILD
DOCUMENT 00 7253
GENERAL CONDITIONS
(Design-Build)
ARTICLE 1 –GENERAL
Defined Terms
All abbreviations and definitions of terms used and not otherwise defined in this Document 00 7253 are set forth in Section 01 4200 (References and Definitions).
This Document 00 7253 subdivides at first level into Articles, and then into paragraphs, then into subparagraphs.
Contract Documents
Contract Documents are complementary; what is called for by one is as binding as if called for by all.
This Contract is for the benefit of City and D-BE and their respective successors and assigns. Nothing in the Contract Documents shall be construed as granting, vesting, creating, or conferring any right of action or any other right or benefit upon any third party.
The Contract Documents shall not be construed to create a contractual relationship of any kind between (1) Master Architect or any City Representative and the D-BE; (2) City and/or its representatives (except in the event of assignment supplier of the Work, and Project labor, materials, or equipment in connection with the Work; or (3) between any persons or entities other than City and D-BE. Nothing in the Contract Documents shall be deemed to make the subcontractors or any lower tier subcontractors a third-party beneficiary of the Contract Documents or require payment of any funds to any subcontractor or lower tier subcontractor by City.
The City (also referred throughout as “Owner”)shall, however, be deemed to be an intended third-party beneficiary of subcontracts and purchase orders of any tier, and each such agreement shall so provide.
Precedence Of Contract Documents
In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall prevail:
1. Modifications in inverse chronological order (i.e., most recent first), and in the same order as specific portions they are modifying;
2. Division 00 5000 Series Documents, including but not limited to, Document 00 5200 (Agreement), and terms and conditions referenced therein, and such other documents within the Division 00 5000 Series (i.e., starting at 00 5200 and continuing to 00 5299) and the Division 00 6000 Series Documents (i.e., starting at 00 6000 and continuing to 00 6999);
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 2
GENERAL CONDITIONS –
DESIGN-BUILD
3. Division 00 7300 Series Documents, including but not limited to, Supplementary Conditions, and any Division 00 8000 Series Documents (i.e., starting at 00 8000 and continuing to 00 8999);
4. Division 00 7200 Series Documents, including but not limited to, Document 00 7253 (General Conditions-Design-Build);
5. Bridging or Criteria Documents;
6. Division 01 (General Requirements) Series Specifications;
7. Technical Specifications starting with Division 02 Series and continuing to Division 33 Series;
8. Drawings;
9. Written numbers over figures, unless obviously incorrect;
10. Figured dimensions over scaled dimensions;
11. Large-scale drawings over small-scale drawings;
12. Specific details over standard or typical details.
Within the Bridging or Criteria Documents:
1.Design Narratives control over;
2.Narrative Equipment Lists, which control over;
3.Specifications, which control over;
4.Drawings, which in the event of conflicts with drawings, the order of precedence will be as follows:
x Schedules when identified as such will control over all other portions of the drawings;
x Specific Notes will control over all other notes and all other portions of the drawings except schedules;
x Larger scale drawings will control over smaller scale drawings x Figured or Numerical dimensions will control over dimensions obtained by scaling
x Room Data Sheets
Any conflict between Drawings and Specifications above Division 01 will be resolved in favor of the document of the latest date (i.e., the most recent document), and if the dates are the same or not determinable, then in favor of Specifications.
Any conflict between a bill or list of materials shown in the Contract Documents and the actual quantities required to complete Work required by Contract Documents, will be resolved in favor of the actual quantities.
In the event the Specifications include divisions above Division 33 (e.g., Division 34 and above), then such divisions shall be included within the Contract Documents unless identified otherwise.
ARTICLE 2 –SCOPE OF DESIGN-BUILD OBLIGATION
All-Inclusive Design-Build Obligation
Except as may be specifically limited and/or excluded in Document 00 5201 (Bridging Documents) and Section 01 1100 (Summary of Work), Design-Build Entity shall provide a
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 3
GENERAL CONDITIONS –
DESIGN-BUILD
complete, legally operable, functional and maintainable Project, in accordance with the Contract Documents, including providing, furnishing, and performing all necessary design, engineering, architectural and construction Services and providing and furnishing all necessary supplies, housing, materials and equipment, and all necessary supervision, labor, and services required for the engineering, design, procurement, quality assurance and inspection, construction, installation, startup, coordination with City Commissioning Agent, checkout, testing, site cleanup and for the training of Owner’s personnel, all in conformity with the requirements, legal requirements, criteria, performance guarantees, and warranties set forth in the Contract Documents, for a complete, full and legally operable Project in full conformance with Contract requirements. The signature and seal of a licensed engineer(s) or architect(s) shall be obtained as necessary for compliance with legal requirements.
Design-Build Entity’s professional architectural and engineering services shall include without limitation, all architectural services and all civil, electrical, fire protection, mechanical, structural engineering, landscape, cost estimating, planning and coordination services required to complete the Project and to perform Design-Build Entity’s obligations under the Contract Documents (“Services”). Design-Build Entity and its Designers and other consultants shall possess all necessary training, licenses and permits to perform the Services, and performance of the Services shall conform to the standard of practice of a professional with substantial experience and expertise in performing professional services of like nature and complexity of the Services. D-BE’s licensed architectural and engineering Designers shall owe a duty of care to City in performing their architectural and engineering portions of the Services shall include the City’s review and acceptance of the design and equipment for the facility and the D-BE shall provide a cooperative design process between AOR and City representatives.
No construction or alteration of any Owner facility under the Contract Documents shall commence prior to the receipt of the written acceptance of the final Drawings and Specifications from the Owner and as required, approvals from City Fire Marshals (as applicable) and all authorities having jurisdiction. Design-Build Entity shall design and construct complete, operational, a fully functional and legally operable project, in full compliance with all applicable laws, codes and standards (both public and private), including but not limited to, the standards included and warranties expressed in the Contract Documents and manufacturer’s recommendations pertaining to individual items of equipment or systems. Design-Build Entity shall have full responsibility to manage, coordinate and comply with requirements of authorities with jurisdiction, including but not limited to, City building officials.
Without limiting any other provision of Contract Documents, Design-Build Entity must design and construct the Project to enable conformance with facility operational needs, fire and life safety, and physical plant standards contained in Titles 15 and 24, California Code of Regulations (CCR).
Assignments: D-BE shall not assign this Contract or any part thereof or any monies due or to become due thereunder without the prior written consent of the City. Purported assignment without such consent shall be void. No such assignment shall be valid unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or material supplied for performance of the
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 4
GENERAL CONDITIONS –
DESIGN-BUILD
Work called for under this Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials, and a further provision that said assignment is subordinate to rights of the City under this Contract.
Responsibility for the Work: D-BE shall take and assume all responsibility for the Work.
As between the D-BE and the City, the D-BE shall bear all losses and damages directly or indirectly resulting to him, to the City, or to others on account of the character or performance of the Work.
The D-BE shall be responsible to the City for the acts and omissions of its employees and all its subcontractors and their agents and employees and other persons performing any of the Work under Contract with the D-BE.
Description Of Design Requirements
Without limiting the generality of the foregoing paragraphs, Design-Build Entity and its Designers shall prepare preliminary designs, interim designs, complete designs, engineering, working drawings, shop drawings and generate drawings and/or engineering analysis setting forth in detail the specifications and requirements for the purchasing and procurement of the services, materials and equipment, all necessary utilities, natural gas and water supply for construction, and for the construction of the complete, operational, legally operable and fully functional Project and shall furnish the services of all necessary supervisors, architects, engineers, designers, draftsmen, and other personnel necessary for the preparation of those drawings and specifications required for the Work. The design shall include all disciplines necessary to design and engineer the Project, including but not limited to, architectural, civil, structural, mechanical, electrical, instrumentation and control work.
Design-Build Entity shall coordinate the services of all architectural and engineering disciplines and other Designers involved in completing the Work, including without limitation, conducting design coordination meetings with Designers in the frequency necessary for Design-Build Entity to meet its design coordination obligations herein and all other provisions of Contract Documents.
All professional services shall be performed with the degree of care, skill, and responsibility customary among such licensed personnel with substantial experience and expertise in work similar to the Work of this Contract.
Design-Build Entity and its Designers’ design shall provide that all surfaces, fixtures and equipment are readily accessible for maintenance, repair or replacement by ladders, power lifts, cat walks, and the like without exceeding the design loads of the floors, roofs, ceilings, and that such access is in conformance with Cal OSHA. All drawings, specifications, structural and electrical design calculations, site data, cost estimates and any other deliverable required by State or Federal law shall comply with State and federal standards. Design-Build Entity shall comply with any other requirements of public or private authorities with jurisdiction over the Project, the Drawings and Specifications, and tie-ins to the Project. Design-Build Entity shall comply with the applicable standard of care when preparing Drawings and Specifications to comply with applicable building codes, ordinances, statutes, laws, standards, governmental regulations and private restrictions, including necessary tie-ins, applicable to the Project and the Services, including, but not
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 5
GENERAL CONDITIONS –
DESIGN-BUILD
limited to, those listed in this Contract, all environmental, energy conservation, energy tie- in, and disabled access requirements, regulations and standards of the County and City Fire Marshal (as applicable) and all other authorities having jurisdiction over the Project.
Design-Build Entity shall attend meetings with the community, representatives of Owner, interested parties governmental entities, as necessary, and provide information and diagrams to fully describe the intended design and the Project.
Owner’s Right To Review
Owner at all times shall have the right (but not the duty) to review Design-Build Entity’s design work, whether performed by Design-Build Entity or Designers of any tier, and whether in a final or preliminary form, to determine progress and conformance to the requirements of Contract Documents.
In the event Owner should ever dispute the conformance of any design work (at any stage) with the intent of the Bridging Documents, then Owner’s determination shall control and Design-Build Entity and/or its Designers shall perform the disputed design services and/or work to completion in accord with the Owner’s determination. Design-Build Entity shall, however, retain its rights under the procedure in this Document 00 7253 (General Conditions) Article 12 for claims and disputes, and Design-Build Entity may under that procedure, in its name, advance any claim of any Designer.
Description Of Construction Obligations
Without limiting the generality of the foregoing paragraph, Design-Build Entity shall provide, at a minimum, the following Services and materials and equipment, provided, however, that these sections shall not be construed in any way to limit Design-Build Entity’s obligations hereunder to design, engineer, furnish, construct, checkout, startup, and test a complete, operable and maintainable Project in accordance with the provisions of the Contract Documents.
Design-Build Entity shall furnish the services of all personnel, including supervisors, engineers, designers and draftsmen necessary for the Work. Except as otherwise provided in Contract Documents, Design-Build Entity shall obtain, at Design-Build Entity’s expense, all governmental and private approvals, licenses, and permits required to complete the Work, including but not limited to, all aspects of coordination and approvals of any type from state and / or local agencies and authorities with jurisdiction, for example and not by way of limitation, City building officials.
Design-Build Entity shall provide, install and complete as specified and pay for all labor, materials and equipment, tools, supplies, construction equipment and machinery, construction, start-up and testing (except that testing to be provided by the Owner), site cleanup, utilities, transportation, and other facilities and services (including any temporary materials, equipment, supplies and facilities) necessary for the proper execution and completion of the complete, operational, and fully functional Project including required permanent interconnection for electricity, and any other utilities and demonstration of fully satisfactory operation of all systems and equipment.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 6
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall provide all equipment and materials and furnish the services of all supervision, buyers, inspectors (other than the IOR, and any Owner employee- inspector acting solely on Owner’s behalf), expeditors, and other personnel necessary to procure all materials and equipment for the construction of the Project. Design-Build Entity shall provide, install, complete and pay for all labor, materials and equipment, tools, supplies, construction equipment and machinery, construction utilities (including all water, power and sanitary facilities), transportation (including road or other infrastructure and improvements on and off the Site), customs clearance, quality assurance, and other facilities and services (including any temporary or consumable materials, water, fuels, and electricity necessary for the proper execution and completion of the Work, including any of the utilities, as required). Design-Build Entity shall maintain all materials and equipment in accordance with manufacturer’s requirements while such materials and equipment are in transit or care and custody of the Design-Build Entity. Design-Build Entityshall supervise and direct the Work, and shall furnish the services of all supervisors, forepersons, skilled and unskilled labor, and all other personnel necessary to design and construct the complete, operational, legally operable and fully functional Project and appurtenant projects described in the Contract Documents. Without limiting the generality of the foregoing, Design-Build Entity shall provide any and all construction required for the temporary upgrading of any public or private road which is inadequate for the performance of the Work, temporarily relocate any interference in public or private roadways necessary for the transportation of equipment and materials, and repair all excessive damage to, or deterioration (other than fair wear and tear) of, any public or private road which arises out of the performance of the Work.
D-BE shall perform reasonably implied parts of Work as “incidental work” although absent from Construction Documents and Construction Specifications or Criteria Documents.
Incidental work includes any work not shown on Construction Documents or described in Specifications that is necessary or normally or customarily required as a part of the Work shown on Construction Documents or described in Specifications. Incidental work includes any Work necessary or required to make each installation satisfactory, legally operable, functional, and consistent with the intent of Construction Documents and Specifications or the requirements of Contract including required tasks to be performed under the Specifications. D-BE shall perform incidental work without extra cost to City. Incidental work shall be treated as if fully described in the Specifications and shown on the Construction Documents, and the expense of incidental work shall be included in Contract Price.
Design-Build Entity shall provide all Project-related insurance, except as otherwise provided by Contract Documents.
Design-Build Entity shall supervise and direct Work, and shall furnish the services of all supervisors, foremen, skilled and unskilled labor, quality control and all other personnel in sufficient quantities and with sufficient skills necessary to perform the Services in accordance with the Contract Documents. At Owner’s request, Design-Build Entity shall replace, at Design-Build Entity’s expense, any individual if it is determined by Owner and Design-Build Entity that such individual’s continued presence would jeopardize the quality or timely completion of the Work. Whenever required by applicable laws or the Contract Documents, Design-Build Entity shall employ licensed personnel as necessary to perform
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 7
GENERAL CONDITIONS –
DESIGN-BUILD
engineering, design, architectural, or other professional services in the performance of the Work.
Design-Build Entity shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract Documents, and Owner shall not be responsible for or exercise any control over the actions or omissions of Design-Build Entity, any supplier, or any of their employees or agents performing any of the Work or Design-Build Entity’s warranty obligations. Design-Build Entity shall prosecute the Work continuously and diligently and complete the Work in accordance with all requirements of the Contract Documents.
Design-Build Entity shall coordinate ingress and egress to and from the Site so as to minimize disruption to the Work and to traffic in the vicinity of the Site. D-BE shall ensure ingress and egress to adjacent facilities is not impeded or blocked, unless approved in advance by City and noticed to affected parties.
Design-Build Entity shall be responsible for the layout of the Work and shall perform all necessary surveying during the construction of the Projects. Design-Build Entity shall take field measurements, verify all field conditions, and carefully compare all of the foregoing and other available information with Contract Documents. The accuracy of all grades, elevations, alignments, and plumbing of any structures and the location of all facilities described in the final plans and specifications shall be the responsibility of the Design- Build Entity. Design-Build Entity shall preserve all permanent survey construction monuments and benchmarks. Prior to the final completion date, Design-Build Entity shall accurately correct all Project documents to as -built conditions and deliver to Owner these as-built documents in accordance with the Contract Documents. Such documents shall show the location of the Project and shall show all related easements, improvement, utilities and rights of way above and below ground, on and off the Site, as of the date of delivery of such documents. Such documents shall also show the dimensions and the distances to the nearest benchmarks.
D-BE shall provide appropriate installation and startup representatives from suppliers of major equipment and control systems, all necessary supervising personnel, all equipment, tools, construction and temporary material, and all labor for startup and testing. D-BE shall be responsible for checkout, startup and testing of the Project and shall carry out those activities in accordance with all applicable codes and legal requirements, startup and checkout requirements and procedures as set forth in the Contract Documents and established by the City’s Commissioning Agent. City Representative shall be notified of start-ups and invited for inspection.
In addition to all required safety and warning signs, Design-Build Entity may install two (2) large construction signs on the Site without Owner’s express written consent.
Design-Build Entity shall be responsible for Site security until Final Completion, or termination of the Work. Such security shall include, to the extent reasonably necessary, barriers, lighting, controlled access, and other measures required to prevent vandalism, theft, and danger to personnel, the Project, materials and equipment.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 8
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall prepare or cause to be prepared and shall furnish to Owner all drawing logs, drawings, manufacturer’s drawings and data, supplier manuals and operating manuals in accordance with the Contract Documents.
Design-Build Entity shall ensure that Owner and its representatives shall, at all times, have access to the Project for all purposes. In order to allow Owner and its representatives to be present, Design-Build Entity shall give Owner at least three (3) days advance notice of any system or equipment checkout or testing. If Owner desires access to any places where work is being performed or from which materials and equipment are being obtained, Design-Build Entity shall provide or arrange reasonable access thereto and shall provide Owner reasonable advanced notice of any factory tests or other off site tests. Design- Build Entity shall maintain the Site in a safe condition to permit Owner and any person authorized in writing by Owner to inspect and review all field work during working hours, including materials and equipment, installation, calibration, startup and testing.
As part of the procurement of equipment, to be determined by Owner and Design-Build Entity during Project Design, Design-Build Entity shall provide to Owner a list of recommended operating spare parts, which list shall include all relevant costs and ordering lead time information with terms and conditions. If requested, Design-Build Entity shall procure such operating spare parts from Suppliers, as requested by Owner, on behalf of Owner. The cost of such operating spare parts shall be covered by Contract Modification.
Design-Build Entity shall perform all services and activities necessary to comply with all applicable governmental regulations and requirements and to obtain all applicable governmental reviews and approvals for and regarding the Work.
When any equipment or portion of the Work is damaged, Design-Build Entity shall inform Owner as soon as possible and provide Owner a damage report detailing such occurrence, any required repairs, and the estimated duration of such repairs.
Except for special inspections performed by Owner, Design-Build Entity shall provide to Owner all tests and measurements, laboratory analyses, and reports made or prepared in connection with the Work.
Design-Build Entity’s progress schedules shall include design services, deliverables, milestones and interfaces with construction.
Design-Build Entity shall be responsible for all labor relations matters relative to the Work on the Site and shall at all times use all reasonable efforts to maintain harmony among all workers employed in connection with the Work on the Site.
ARTICLE 3 –REQUIRED INVESTIGATIONS
Required Investigations –All Projects
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 9
GENERAL CONDITIONS –
DESIGN-BUILD
For all Projects, and prior to submitting a Proposal and as a condition of executing Document 00 5200 (Agreement), Design-Build Entity shall make reasonable efforts to investigate fully the Work of the Contract per the requirements of this Article.
Design-Build Entity shall visit the Site, examine thoroughly and understand fully the nature and extent of the Contract Documents, Work, Site, locality, actual conditions and as-built conditions, and all other information made available before executing the Work Authorization. Design-Build Entity’s investigation shall include, without limitation, requesting and thoroughly examining of all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, product specification(s) or reports, made available by Owner for contracting purposes or during Design-Build Entity’s pre-construction services, of existing above ground and (to the extent applicable) below ground conditions (together, “Existing Conditions Data”), including, as applicable, Underground Facilities, geotechnical data, as-built data, utility surveys, record documents of all types, hazardous materials surveys, or similar materials which may appear in the Contract Documents, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Design-Build Entity and safety precautions and programs incident thereto.
Also, Design-Build Entity shall: (i.) completely and thoroughly correlate all Existing Conditions Data, and shall provide Owner with prompt written notice of all conflicts, errors, ambiguities, or discrepancies of any type, that it discovered in or among the Contract Documents and the Existing Conditions Data, and (ii.) subject to Owner’s approval conduct any such additional or supplementary examinations, investigations, explorations, tests, studies and data compilations, concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Design- Build Entity and safety precautions and programs incident thereto or which Design-Build Entity deems necessary to determine that it could perform and furnish the Work in accordance with the time, price and other terms and conditions of Contract Documents.
By executing Document 00 5200 (Agreement), Design-Build Entity agrees that Owner has responded to and resolved any conflict, error or ambiguity in the Existing Conditions Data and Contract Documents that Design-Build Entity has brought to Owner’s attention.
During performance of the Contract, Design-Build Entity will be charged with knowledge of all information that it should have learned in performing its required pre-construction services and pre-construction investigations and other obligations, and shall not be entitled to Change Orders (time or compensation) due to any information, error, inconsistency, omission, or conditions that Design-Build Entity should have known as a part of this Work. Design-Build Entity shall be responsible for the resultant losses, including, without limitation, the cost of correcting Defective Work.
In performing the Work of the Contract Documents, Design-Build Entity shall rely on the results of its own independent investigations of existing conditions and not on information provided by Owner. Design-Build Entity shall conduct such further investigations of
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 10
GENERAL CONDITIONS –
DESIGN-BUILD
existing conditions as are necessary for Design-Build Entity to perform the Services and shall advise Owner of any further design or other services necessary to complete the Project.
Required Investigations—Renovation Projects
For Projects involving renovation of existing facilities, Design-Build Entity shall verify by independent investigation all such aboveground and as-built conditions, and bring any discrepancies to Owner’s attention through written question. In executing Document 00 5200 (Agreement), Design-Build Entity shall rely on the results of its own independent investigation and shall not rely on Owner-supplied information regarding aboveground conditions and as-built conditions, and Design-Build Entity shall accept full responsibility for its verification work sufficient to complete the Work as intended.
Regarding aboveground and as-built conditions shown on the Contract Documents or supplied by Owner, such information has been compiled in good faith, however, Design- Build Entity must independently verify such information. Design-Build Entity shall also consider fully the fact that information supplied regarding existing above ground and as- built conditions at or contiguous to the Site is in many cases based on information furnished to Owner by others (e.g., the prior owner or builders), and that due to their age or their chain of custody since preparation, may not meet current industry standards for accuracy. Owner does not expressly or impliedly warrant or represent that information as to aboveground conditions or as-built conditions indicated in the Contract Documents or supplied by Owner, is correctly shown or indicated, or otherwise complete for construction purposes.
Required Investigations—Excavation and Utilities Relocation Projects For Projects involving excavation or relocation of existing utilities, Design-Build Entity shall make reasonable efforts to verify information regarding Underground Facilities, including but not limited to, requesting additional information or verification of information as necessary.
Because of the nature and location of Owner and the Project, the existence of Underground Facilities is deemed inherent in the Work of the Contract, as is the fact that Underground Facilities are not always accurately shown or completely shown on as-built records, both as to their depth and location. Design-Build Entity shall, therefore, take care to note the existence and potential existence of Underground Facilities, in particular, above and below grade structures, drainage lines, storm drains, sewers, water, gas, electrical, chemical, hot water, and other similar items and utilities. Design-Build Entity shall carefully consider all supplied information, request additional information Design- Build Entity may deem necessary, and visually inspect the Site for above ground indications of Underground Facilities (such as, for example not by way of limitation, the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site). Design- Build Entity shall also consider fully the fact that information supplied regarding existing Underground Facilities at or contiguous to the Site is in many cases based on information furnished to Owner by others (e.g., the builders of such Underground Facilities or others),
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 11
GENERAL CONDITIONS –
DESIGN-BUILD
and that due to their age or their chain of custody since preparation, may not meet current industry standards for accuracy.
Design-Build Entity shall also consider local underground conditions and typical practices for Underground Facilities, either through its own direct knowledge or through its subcontractors, and fully consider this knowledge in assessing the existing information and the reasonableness of its reliance.
Regarding subsurface conditions other than Underground Facilities shown on the Contract Documents or otherwise supplied by Owner, Design-Build Entity may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated in the Contract Documents. Owner is not responsible for the completeness of any subsurface condition information, Design-Build Entity’s conclusions or opinions drawn from any subsurface condition information, or subsurface conditions that are not specifically shown. (For example, Owner is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown.) ARTICLE 4 –CONTRACT AWARD AND COMMENCEMENT OF THE WORK
Award Of Contract
Owner will make the Award of Contract by issuing a Notice of Award.
As a condition to Owner signing Document 00 5200 (Agreement), however, Design-Build Entity shall deliver to Owner the executed agreements, forms, bonds and insurance documents required by Document 00 1119 (Request for Proposals) and Document 00 4200 (Proposal Form) in the required quantities and within the required times.
Bonds shall specifically include:
1. Corporate surety bond, in the form of Document 00 6113.13 (Construction Performance Bond), in the penal sum of 100% of the Design-Build Entity’s Proposal as accepted, to guaranty faithful performance of the Work; and
2. Corporate surety bond, in the form of Document 00 6113.16 (Construction Labor and Material Payment Bond), in the penal sum of 100% of the Design-Build Entity’s Proposal as accepted, to guaranty payment of wages for services engaged and of bills contracted for materials, supplies, and equipment used in performance of Contract Documents.
3. Sureties on payment and performance bonds shall be satisfactory to Owner.
Corporate sureties on these bonds and on bonds accompanying Proposals shall be duly licensed to do business in the State of California and shall have an A.M. Best Company financial rating of A, VIII or better.
Document 00 7316 (Supplementary Condition –Insurance and Indemnification) incorporated herein by this reference, provides insurance requirements.
Commencement Of Design and Construction Work
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 12
GENERAL CONDITIONS –
DESIGN-BUILD
When Design-Build Entity and Owner have signed the Contract Documents, Owner will serve a Notice to Proceed With Design Services (Document 00 55001 (Notice to Proceed with Design Services)) upon Design-Build Entity to that effect. When Design-Build Entity has obtained all required approvals (including without limitation from City of Pismo Beach) to begin actual on-Site construction of all or a portion of the Work, Owner will issue a Notice to Proceed With Construction (Document 00 5500 (Notice of Intent to Award)) on Design-Build Entity. Any Notice to Proceed shall be issued by depositing it in a post office or post office box regularly maintained by United States Postal Service in a pre-paid wrapper directed to Design-Build Entity at legal address or (at Owner’s option) by delivery by other means authorized for notices under the Contract documents at legal address. No construction Work may be performed at the Site until Owner has issued Notice to Proceed With Construction.
The start date for Contract Time shall be on the date indicated in the applicable Notice to Proceed. The total number of Days for completion of the Work under the Contract Documents shall be as provided in Document 00 5200 (Agreement).
DOCUMENTS ISSUED AFTER AWARD
A. Requests for Interpretation (RFI): Should any discrepancy appear, or any misunderstanding arise as to the importance of anything contained in the Contract or the RFP documents, the matter shall be referred to the City, who shall issue with reasonable promptness such written clarifications or interpretations of the requirements, which shall be consistent with the intent of and reasonably inferable from the Contract and the Specifications. It shall be affirmative obligation of the D-BE to timely address all Requests for Interpretation and questions in writing to the City, Master Architect, and sub- consultants through the City's Representative to request information necessary to address and resolve any such questions before proceeding with any portion of the Work affected or which may be affected.
If the D-BE fails to timely notify the City in writing of the issue in question and the D-BE proceeds to perform any portion of the Work affected, the D-BE shall bear all costs associated with or required to correct, remove, or otherwise remedy any portion of the Work affected thereby without adjustment of the Contract Time or the Contract Price.
The D-BE shall act with promptness in submitting any such written request so as to allow a reasonable period of time to review, evaluate and respond to any such request, taking into account the then current status of the progress and completion of the Work and the actual or potential impact to the completion of the Work within the Contract Time. The City will respond with clarifications within fourteen (14) days. It is incumbent upon the D-BE to submit RFIs in a timely manner. RFIs shall not constitute justification for time extension to the Contract.
B. Cost Request Bulletins (CRB): The City may, from time to time during the course of the Work, issue Cost Request Bulletins describing additional Work that may be desirable to include or delete from the Contract, by subsequent Change Order. The D-BE shall respond to Cost Request Bulletins in a thorough manner and within five (5) days identifying separately and fully the costs of the proposed additional or deleted Work as described in the Change Order provisions. Failure by the D-BE to respond within ten (10) days, or adequately describe the costs fully to Cost Request Bulletins and as a result, delaying the
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 13
GENERAL CONDITIONS –
DESIGN-BUILD
timely performance of the Contract, shall not constitute justification for time extension.
Field Orders (FO): The City shall retain the right to issue Field Orders to the D-BE describing changes necessary or desirable to the Work that do not involve additional cost or extension of the Contract time. Field Orders shall be promptly executed and are not grounds for adjustment to the time or cost of Contract.
Should the D-BE determine that there is cost or time impact to the Work due to the Field Order, they shall immediately notify that fact in writing to the City, describing the anticipated impacts, and request issuance of a Change Order. Each Field Order shall receive a written response from the D-BE, acknowledging receipt, describing the action and time of completion for the Work. A subsequent written notice shall be submitted by the D-BE to the City upon completion of the Work required by the Field Order stating that the Work is complete and ready for inspection.
Change Orders (CO): The City, reserves the right to require the D-BE to process and implement Change Orders in a timely fashion to add to or delete from the Work of the Contract. Provisions for change orders and methods of implementation are described in SECTION 00 72 53 GENERAL CONDITIONS ARTICLE 14.1 CHANGES IN THE WORK and are intended to comply with Public Contract Code Section 20142.
Design or Construction Change Directives (CCD): The City retains the right to direct the D-BE to change the Work in a manner different than described in the RFP Contract Documents, and/or Construction Documents, prior to agreement on adjustment in the Contract Price and/or Contract Time. The City may issue a Construction Change Directive as a mechanism by which the City exercises a unilateral right to order changes in the Work without invalidating the Contract.
Correction Notices: The City reserves the right to issue Correction Notices to require correction or repairs to the Work, or to require the D-BE to bring into conformity with any laws, codes, ordinances, safety orders or practices determined to be deficient at the work site and surrounding areas affected by the Work, or to correct deficiencies in the Work in regard to compliance with the Contract Documents.
Correction Notices shall be promptly executed and are not grounds for adjustment to the time or cost of Contract. Each Correction Notice shall receive a written response from the D-BE, acknowledging receipt, describing the action and the time of completion for the Work. A subsequent written notice shall be submitted by the D-BE to the City upon completion of the Work required stating that the Work is complete and ready for inspection.
Subcontractors
All subcontractors that were not listed by the D-BE in its Proposal shall be awarded by the D-BE in accordance with the Contract Documents and PCC Section 22166, and skilled and trained workforce requirements under PCC Section 2602.
Design-Build Entity shall, at a minimum, do all of the following:
1. Provide public notice of the availability of work to be subcontracted.
2. Provide a fixed date and time on which the subcontracted work will be awarded.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 14
GENERAL CONDITIONS –
DESIGN-BUILD
3. If more than one subcontractor that was not listed by the Design-Build Entity in its Proposal is to be awarded by the Design-Build Entity, the Design-Build Entity may provide multiple listing and award dates as necessary for completion of the Project Work, according to the schedule developed in accordance with Section 01 1102 (Summary of Work –Design-Build Contractor Services).
4.With Owner’s concurrence and in compliance with all applicable legal, regulatory and professional standards and Contract Documents requirements), Design-Build Entity may release design packages for construction to properly awarded design- build subcontractors prior to completion of Construction Documents. Owner’s consent shall not be unreasonably withheld, provided, however, Design-Build Entity and its Subcontractors must complete Construction Documents and details under procedures permitting Owner rights of review and acceptance of final details sufficient to assure compliance with design intent.
In any contract between Design-Build Entity and a Subcontractor, and in a contract between a Subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the Contract Documents (not greater than 5%). If Design-Build Entity provides written notice to any Subcontractor who is not a member of Design-Build Entity’s team in its Proposal, prior to or at the time the Subcontractor’s bid is requested, that a bond may be required and the Subcontractor subsequently is unable or refuses to furnish a bond to Design-Build Entity, then Design-Build Entity may withhold retention proceeds in excess of the percentage specified in the Contract Documents from any payment made by Design-Build Entity to the Subcontractor.
Design-Build Entity shall provide Owner with additional versions of Document 00 4330 (Subcontractors List) as follows:
1.Within fourteen (14) days of award of any subcontract, a Document 00 4330 (Subcontractors List) identifying all Subcontractors not included on a prior Document 00 4330 (Subcontractors List); and
2.Before commencing any construction Work, a complete Document 00 4330 (Subcontractors List) identifying all Subcontractors, however and whenever procured.
3.Each subcontractor and tier shall be licensed in the State of California for the work they are contracted for.
All Subcontractors bidding on subcontracts shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. Without limiting the forgoing, Design-Build Entity shall not substitute any other person or firm in place of any Subcontractor listed in the Proposal. Consistent with the Subcontractor Listing Law, Subcontractors shall not assign or transfer their subcontracts or permit them to be performed by any other Design-Build Entity without Owner’s written approval. At Owner’s request, Design-Build Entity shall provide Owner with a complete copy of all executed subcontracts or final commercial agreements with Subcontractors and/or suppliers.
Subcontract agreements shall preserve and protect the rights of Owner under the Contract Documents so that subcontracting will not prejudice such rights. To the extent of the Work
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 15
GENERAL CONDITIONS –
DESIGN-BUILD
to be performed by a Subcontractor, Design-Build Entity shall require the Subcontractor’s written agreement (1) to be bound to the terms of Contract Documents and (2) to assume vis-à-vis Design-Build Entity all the obligations and responsibilities that Design-Build Entity assumes toward Owner under the Contract Documents. (These agreements include for example, and not by way of limitation, all warranties, claims procedures and rules governing submittals of all types to which Design-Build Entity is subject under the Contract Documents.)
Design-Build Entity shall provide for the assignment to Owner of all rights any Subcontractor may have against any manufacturer, supplier, or distributor for breach of warranties and guaranties relating to the Work performed by the Subcontractor under the Contract Documents.
Contractual Relations: nothing contained herein shall create a contractual relationship between City and subcontractor.
I. Skilled and trained workforce requirements (PCC 2602) shall be enforced under this contract for construction work starting in 2022. D-BE shall be required to submit monthly workforce reports with monthly payment requests.
ARTICLE 5 –BRIDGING/CRITERIA DOCUMENTS, DRAWINGS AND SPECIFICATIONS General
Bridging Documents supplied under Document 00 5201 (Bridging Documents) establish the design intent and the minimum requirements for the quality and type of materials to be used in the Project. Bridging Documents and any addenda will be used to confirm that Design-Build Entity-prepared Design Development and Construction Documents are in conformance with the design intent and the minimum requirements for the quality and type of materials to be used in the Project.
Design-Build Entity-prepared Construction Documents are the Drawings and Specifications for construction. Subject to all provisions of Contract Documents, Design- Build Entity shall construct the Project in accordance with those Drawings and Specifications. The warranty and other requirements in the Contract Documents (including Bridging Documents), however, shall constitute the minimum design, material, quality, workmanship and other standards required under the Contract Documents, and shall have higher precedence in case of inconsistency with the Design-Build Entity prepared Construction Documents.
Where Owner has specified equipment or materials, Design-Build Entity shall provide the specified equipment or materials (regardless of any Design-Build Entity contention that proposed equipment or materials meet or exceed Owner’s requirements).
Design-Build Entity shall be fully responsible for all design errors, including without limitation all errors, inconsistencies and omissions in the Design-Build Entity-prepared Construction Documents, and shall report any such matter to Owner promptly following discovery. Design-Build Entity has full “turnkey” responsibility to deliver the fully functional, operational Project described in Document 00 5201 (Criteria Documents), as referenced in the Contract Documents.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 16
GENERAL CONDITIONS –
DESIGN-BUILD
Intent
Final Drawings and Specifications shall describe a functionally complete and operable Project (and all parts thereof) to be constructed in accordance with the requirements of Contract Documents and in compliance with all applicable codes and standards. Unless expressly excluded elsewhere in the Contract Documents, Design-Build Entity shall perform any work, provide services and furnish any materials or equipment that may reasonably be inferred from the requirements of Contract Documents or from prevailing custom or trade usage as being required to produce this intended result. Design-Build Entity shall furnish all permits, temporary controls, machinery, tools, facilities, employee training and testing, hoisting facilities, shop drawings, storage, testing, security, transportation, disposal, the securing of all necessary or required field dimensions, the cutting or patching of existing materials, notices, documents, reports, agreements and all general conditions, seismic requirements, general requirements and incidentals and any other items required or necessary to timely and fully complete such Work described and the results intended by Contract Documents and, in particular, Drawings and Specifications and (as applicable) Bridging Documents.
Design-Build Entity shall interpret Bridging Documents words or phrases used to describe Work (including services), materials or equipment that have well-known technical or construction industry or trade meaning in accordance with that meaning. Bridging Documents’ intent specifically includes the intent to require construction that complies with all applicable laws, codes and standards.
Divisions and Specification Sections and the identification on any Bridging Documents shall not control Design-Build Entity in preparing final Construction Documents, dividing Work among Subcontractors or suppliers or delineating the Work to be performed by any specific trade.
Drawing Details
A typical or representative detail on Drawings shall constitute the standard for workmanship and material throughout corresponding parts of Work, as long as it otherwise complies with all Bridging Documents requirements. Where necessary, and where reasonably inferable from Drawings, Design-Build Entity shall adapt such representative detail for application to such corresponding parts of Work. If Owner requests, the details of such adaptation shall be subject to prior approval by Owner. Repetitive features shown in outline on Drawings which otherwise comply with Bridging Documents shall be in exact accordance with corresponding features completely shown.
Interpretation Of Bridging/Criteria Documents
Should any discrepancy appear or any dispute arise as to the importance of anything contained in Bridging Documents, or should Design-Build Entity have any questions or requests relating to Bridging Documents or any Contract Document for which Owner is responsible under the Contract Documents, Design-Build Entity shall refer the matter to Owner, in writing. Owner will issue with reasonable promptness written responses, clarifications or interpretations as Owner may determine necessary, which shall be consistent with the intent of and be reasonably inferable from Contract Documents. Such written clarifications or interpretations shall be binding upon Design-Build Entity. If Design-
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 17
GENERAL CONDITIONS –
DESIGN-BUILD
Build Entity believes that a written response, clarification or interpretation justifies an adjustment in Contract Sum, Design-Build Entity shall give Owner prompt written notice as provided in Section 01 2600 (Modification Procedures and Pricing of Changed Work).
If the parties are unable to agree to the amount or extent of the adjustment, if any, then Design-Build Entity shall perform the Work in conformance with Owner’s response, clarification, or interpretation and may make a written claim for the adjustment as provided in Article 12 of this Document 00 7253.
Checking Of Construction Documents
Before undertaking each part of construction Work, Design-Build Entity shall carefully study and compare Contract Documents and check and verify pertinent figures shown in the Contract Documents and all applicable field measurements. Design-Build Entity shall be responsible for all errors, except for those attributable to Contract Documents for which Owner is responsible and which could not have been avoided even by such comparison.
Unless obviously incorrect or otherwise expressly provided, figures shown on final Drawings shall be followed; Design-Build Entity shall not scale measurements. Design- Build Entity shall promptly report to Owner, in writing, any conflict, error, ambiguity or discrepancy that Design-Build Entity may discover in any Contract Document, along with (1) an indication of whether Owner or Design-Build Entity is responsible for that Contract Documents, and (2) Design-Build Entity’s proposed resolution.
Standards To Apply Where Specifications Are Not Furnished Wherever in the Contract Documents (including without limitation Bridging Documents), or in any orders given by Owner, it is provided that Design-Build Entity shall furnish materials or manufactured articles or shall do work for which no detailed or performance specifications are set forth, and Document 00 5201 (Bridging Documents) does not otherwise establish the applicable standard, the following general specifications shall apply.
Design and construction shall meet the standards required to provide Owner with a first class, fully functional Project, designed and constructed in a manner consistent with the standards, equipment, materials and design, found in comparable, first class, fully functional, contemporary facilities. Reference facilities identified in Document 00 5201 (Bridging Documents) shall be used as the guide in this determination, but only when the Bridging Documents are otherwise silent.
Materials or manufactured articles shall be of the grade, in quality and workmanship, consistent with the requirements of this Contract and obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. Work for which no detailed specifications are set forth herein shall conform to the requirements of this subparagraph.
Deviation From Specifications And Construction Documents Design-Build Entity shall perform Work in accordance with Drawings and Specifications.
Deviations from Drawings and from the dimensions therein given, or from the Specifications, whether or not error is believed to exist, shall be made only when approved
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 18
GENERAL CONDITIONS –
DESIGN-BUILD
in writing by Owner. Design-Build Entity may deviate from Drawings or the dimensions given in the Drawings, and may deviate from the Specifications, only upon Owner’s advance written approval of the proposed deviation, either by Change Order, Change Directive or Instruction Bulletin. D-BE will be responsible for all additional City costs relating to such matters, including, but not limited to, any additional costs of Bridging Architect.
Change Orders changing the approved Drawings and Technical Specifications are subject to approval by Owner as provided in Article 14 of this Document 00 7253 and Section 01 2600 (Modification Procedures and Pricing of Changed Work).
Design-Build Entity’s construction experience was a material factor in its selection as Design-Build Entity for this Project. Design-Build Entity, also, acknowledges that changes are a normal feature of construction projects. Design-Build Entity shall rely on its experience and proactively cooperate, coordinate and schedule RFI’s and (as necessary) Change Requests, submittals, field questions, inspections, and document assembly, to facilitate the prompt and efficient use of the Change Order and Change Directive procedure as necessary to prevent delay in actual field construction.
As set forth in Title 24, California Code of Regulations, no modification or deviation from the Contract Documents will be permitted. Design-Build Entity must perform design and construction Work in strict accordance with Contract Documents. Design-Build Entity shall review drawings and specifications developed by its subconsultants and design-build subcontractors under this Contract for compliance with the Contract Documents prior to submission to and approval by authority having jurisdiction. No order for any alteration, modification or extra which shall increase or decrease the cost of Work shall be valid unless the resulting increase or decrease in price shall have been agreed upon in writing, and the order signed by the Design-Build Entity, and certified by the authorized officer representing Owner. As appropriate, Change Orders changing the approved drawings and technical specifications are subject to approval by City of Pismo Beach under the procedures prescribed in Title 24, California Code of Regulations. Deviations from Drawings and from the dimensions therein given, or from the Specifications, whether or not error is believed to exist, shall be made only when approved in writing by Owner.
Ownership And Use Of Drawings, Specifications And Contract Documents -- Ownership Of Results/Works for Hire
Any interest (including copyright interests) of Design-Build Entity or its Subcontractors or consultants, including Designers (together, "Sub-consultants"), in studies, reports, memoranda, computational sheets, Construction Documents, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes, and any other original works of authorship (including electronic media) created by Design-Build Entity or its Sub-consultants in connection with the Work, shall become the property of Owner. To the extent permitted by Title 17 of the United States Code, work product produced under the Contract Documents shall be deemed works for hire and all copyrights in such works shall be the property of Owner. In the event that it is ever determined that any works created by Design-Build Entity or its Sub-consultants under the Contract Documents are not works for hire under U.S. law, Design-Build Entity hereby assigns to Owner all copyrights to such works. With Owner's
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 19
GENERAL CONDITIONS –
DESIGN-BUILD
prior written approval, Design-Build Entity and its Sub-consultants may retain and use copies of such works for reference and as documentation of experience and capabilities.
Design-Build Entity and its Sub-consultants shall, however, retain the copyright in their standard details, and grant Owner an unlimited license to use such details for all purposes reasonably related to the Project, including, without limited to, the operation, maintenance, repair, renovation, restoration, and expansion thereof. Should Owner desire to reuse any of the items specified above and not use the services of Design-Build Entity or applicable Sub-Designer, then the Owner agrees to assume any and all obligations for their reuse and, if applicable, process the same through all authorities having jurisdiction,, and Owner releases Design-Build Entity and its Sub-consultants from liability associated with the reuse.
Owner acknowledges that (i) any functionally required elements, such as standard space configurations, (ii) individual standard features such as windows, doors and other ordinary building components, (iii) functional elements whose design or placement is dictated by utilitarian concerns, and (iv) any other design element which any applicable law generally excludes from the scope of a copyright, are excluded from the copyright granted to Owner.
ARTICLE 6 –CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS Owner’s Right To Perform Construction And To Award Separate Contracts Owner may perform with its own forces, construction or operations related to the Project.
Owner may also award separate contracts in connection with other portions of the Project or other construction or operations, on the Site or areas contiguous to the Site, under conditions similar to these Contract Documents, or may have utility owners perform other work. When separate contracts are awarded for different portions of the Project or other construction or operations on the Site, the terms “Contractor” or “Design-Build Entity” in these Contract Documents shall mean the Design-Build Entity herein.
Mutual Responsibility
Design-Build Entity shall afford all other contractors, utility owners and Owner (if Owner is performing work with its own forces), proper and safe access to the Site, and reasonable opportunity for the installation and storage of their materials. Design-Build Entity shall ensure that the execution of its Work properly connects and coordinates with others’ work, and shall cooperate with them to facilitate the progress of the Work.
Design-Build Entity shall coordinate its Work with the work of other separate contractors, Owner, and utility owners. Design-Build Entity shall hold coordination meetings with other contractors, Owner and its representatives, and utility owners as required by Section 01 3119 (Project Meetings).
Unless otherwise provided in the Contract Documents, Design-Build Entity shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Design-Build Entity shall not endanger any work of other separate contractors, Owner or utility owners by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner and the others whose work will be affected.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 20
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity’s duties and responsibilities under Article 6 of this Document 00 7253 are for the benefit of Owner and also for the benefit of such other contractors and utility owners working at the Site to the extent that there are comparable provisions for the benefit of Design-Build Entity in the direct contracts between Owner and such other contractors and utility owners.
To the extent that any part of Design-Build Entity’s Work is to interface with work performed or installed by other contractors or utility owners, Design-Build Entity shall inspect and measure the in-place work. Design-Build Entity shall promptly report to Owner in writing any defect in in-place work that will impede or increase the cost of Design-Build Entity’s interface unless corrected. Owner will require the contractor responsible for the Defective Work to make corrections so as to conform to its contract requirements, or, if the defect is the result of an error or omission in any Contract Documents for which Owner is responsible (i.e., excluding Construction Documents), issue a Change Order. If Design- Build Entity fails to measure, inspect and/or report to Owner in writing defects that are reasonably discoverable in Contract Documents for which Owner is responsible, Design- Build Entity shall bear all costs of accomplishing the interface acceptable to Owner. This provision shall be included in any and all other contracts or subcontracts for Work to be performed where such a conflict could exist.
Owner Authority Over Coordination
Owner will have authority over coordination of the activities of multiple contractors in cases where Owner performs work with its own forces or contracts with others for the performance of other work on the Project, or utilities work on the Site. Owner may at any time and in its sole discretion, designate a person or entity other than Owner to have authority over the coordination of the activities among the various contractors. Owner’s authority with respect to coordination of the activities of multiple contractors and utility owners shall not relieve Design-Build Entity of its obligation to other contractors and utility owners to coordinate its Work with other contractors and utility owners as specified in this Article. Design-Build Entity shall promptly notify Owner in writing when another Design- Build Entity on the Project fails to coordinate its work with the Work of Contract Documents.
Design-Build Entity shall suspend any part of the Work or carry on the same in such manner as directed by Owner when such suspension or prosecution is necessary to facilitate the work of other contractors or workers. No damages or claims by Design-Build Entity will be allowed if the suspension or Work change is due in whole or in part to Design- Build Entity’s failure to perform its obligation to coordinate its Work with other contractors and utility owners. Damages or claims will be allowed only to the extent of fault by Owner if the suspension or Work change is due in whole or in part to another Design-Build Entity’s failure to coordinate its work with Design-Build Entity, other contractors, and utility owners.
Owner reserves the right to back charge Design-Build Entity for any damages or claims incurred by other contractors as a result of Design-Build Entity’s failure to perform its obligations to coordinate with other contractors and utility owners. Owner may deposit the funds retained with a Court of competent jurisdiction pursuant to applicable interpleader procedures and Design-Build Entity releases Owner of further liability regarding such funds.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 21
GENERAL CONDITIONS –
DESIGN-BUILD
Owner Furnished Products
Where Owner procures products or materials directly, Owner’s responsibilities shall include:
1. Arrange for and deliver Owner-reviewed Shop Drawings, Product Data, and Samples, to Design-Build Entity.
2. Arrange and pay for delivery to site.
3. On delivery, inspect products jointly with Design-Build Entity.
4. Submit claims for transportation damage and replace damaged, defective, or deficient items.
5.Arrange for manufacturers’ warranties, inspections, and service.
Where Owner procures products or materials directly for D-BE to install, Design-Build Entity’s responsibilities shall include:
1. Review Owner-reviewed Shop Drawings, Product Data, and Samples.
2. Receive and unload products at site; inspect for completeness or damage jointly with Owner.
3. Handle, store, install, and finish products.
4. Repair or replace items damaged after receipt.
5. Install into Project per Contract Documents.
ARTICLE 7 –OWNER AND PAYMENT
Owner Representative(s)
Owner Representative(s) will have limited authority to act on behalf of Owner as set forth in the Contract Documents. Except as otherwise provided in these Contract Documents or subsequently identified in writing by Owner, Owner will issue all communications to Design-Build Entity through Owner Representative, and Design-Build Entity shall issue all communications to Owner through Owner Representative in a written document delivered to Owner. Should any direct communications between Design-Build Entity and Owner’s consultants, architects or Architect/Engineers not identified in Document 00 5200 (Agreement) occur during field visits or by telephone, Design-Build Entity shall immediately confirm them in a written document copied to Owner.
Payments
Schedule of Values: D-BE shall furnish, on forms approved by the City, within ten (10) Days after receiving the fully executed Price Contract, a detailed Schedule of Values (SOV) giving a complete breakdown of Contract Sum for each component of the Work.
The SOV shall be in sufficient detail that the City may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work, including, without limitation, a breakdown of the general categories of subcontractor work, direct overhead, profit and contingency, and a further breakdown of the categories of subcontractor work into separate trade line items of costs for subcontractor services, labor and material, which is based on actual subcontractor contract, subcontract, purchase order or vendor prices.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 22
GENERAL CONDITIONS –
DESIGN-BUILD
If requested by the City, D-BE shall revise the SOV so as to allocate sums for D-BE overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the SOV or in the Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by D-BE and City. Amounts that have been mutually agreed to by Change Order shall, at the direction of the City, be either separately listed by line item in the Schedule of Values or incorporated into the existing line item(s) of the trade(s) performing such Work. The Schedule of Values must be prepared in sufficient detail and supported by such data to substantiate its accuracy as City may require.
Said schedule shall be on a Payment Request Form approved by the City prior to approval of any progress payment. The values in said schedule shall then be used by the City for verifying the amount of each progress payment. If, at any time, it is determined that the SOV does not allocate the Contract Price in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by D-BE, it shall be revised and resubmitted for approval by City.
Invoicing Design Services: Design Services shall be paid on a monthly basis with each phase broken down under the SOV as follows:
1. Schematic Design
2. Design Development
3. Construction Documents
a. 65% Submittal Approved.
b. 95% Submittal Approved.
c. 100% Submittal Approved and Permitted.
Receipt And Processing Of Applications For Payment: As required by Section 01 2000 (Measurement and Payment), Design-Build Entity shall prepare the schedules, submit Applications for Payment and warrant title to all Work covered by each Application for Payment. Owner will review Design-Build Entity’s Applications for Payment and Owner will and make payment thereon, and Design-Build Entity shall make payments to Subcontractors, suppliers and others, as required by Section 01 2000 (Measurement and Payment).
Payment Processing: Per Section 20104.50 of the Public Contract Code:
1. Supporting Documents: Each Payment Request shall be submitted with an updated project schedule; skilled trained workforce report; verifications of wage reports uploaded to DIR; SWPPP reporting and Daily logs are complete and available for review by City.
Maintaining as-built drawings current with each Payment Request is a condition for making payment. City reserves the right to withhold payment until the City is satisfied that as-built drawings are current with each Payment Request.
2. Payment Request Review by the City: Each Payment Request shall be reviewed by the City as practicable after receipt for the purpose of determining that the Payment Request is accurate and proper.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 23
GENERAL CONDITIONS –
DESIGN-BUILD
3. Rejected Payment Request: Any Payment Request determined not to be a proper Payment Request suitable for payment shall be returned to the D-BE as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this subsection shall be accompanied by a document setting forth in writing the reasons why the Payment Request is not proper.
4. Interest: The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven (7) day return requirement.
5. Progress Payment:A “Progress Payment” includes all payment due to D-BEs, except the portion of the final payment designated by the Contract as Retention Earnings.
Upon Owner’s written approval of D-BE's Payment Request, the City shall, within 30 days of receipt, pay to D-BE, while carrying on the Work, the balance not retained, as described below, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of law or of this Contract. No such payment shall be construed to be an acceptance of any defective Work or improper materials.
Retaining Five Percent (5%) As Security: The City shall retain five (5%) of the value of the Work done, and five percent (5%) of the value of the materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of this Contract by D-BE.
Correction of Statement and Withholding of Payment: No inaccuracy or error in said statement shall operate to release D-BE or any surety from damages arising from such Work or from enforcing each and every provision of this Contract. The City shall have the right to adjust any payment request, or to recover any payment made for Work performed, so long as any lawful or proper direction concerning the Work or any portion thereof given by the City shall remain uncompleted.
Withholding Additional Amounts: In addition to the amounts which the City may retain as provided herein above, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due to D-BE as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against D-BE or any subcontractor for labor or materials furnished in or about the performance of the Work on the project under this Contract;
2. For defective Work not remedied;
3. For failure of D-BE to make proper payments to any subcontractors;
4. For failure of D-BE to comply with DIR and/or skilled and trained workforce reporting.
Failure to provide reporting with monthly payment requests, or if reporting is incomplete, will suspend D-BE payments. If reporting is incomplete due to failure of subcontractor failure to report, City will withhold 150% of the value of the subcontractor’s monthly request from the D-BE’s total monthly payment request; and
5. Reasonable doubt that the Contract can be completed for the balance then unpaid.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 24
GENERAL CONDITIONS –
DESIGN-BUILD
Disbursement of Withheld Amounts: The City may apply such withheld amount or amounts to the payment of such claims, in its discretion. In so doing, the City shall be deemed the agent of D-BE and any payment so made by the City shall be considered as a payment made under this Contract by the City to D-BE, and the City shall not be liable to D-BE for such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. The City will render to D-BE a proper accounting of such funds disbursed on behalf of D-BE.
Liens and Stop Notices:
1. Withholding by the City: Should Stop Notices be filed with the City, the City reserves the right to withhold 125% of the claimed amount from payments until such claims shall have been resolved pursuant to law, (Civil Code Section 9000, et seq). City will not be responsible for the filing of Stop Notice on behalf of any Claimant.
2. Certified Copy: Upon filing a Stop Notice, the Claimants shall provide a certified copy of the copy of the Stop Notice to the City as prescribed in these General Conditions.
Failure to provide a copy to the Owner’s Project Representative may impact the effectiveness of the ability of the City to withhold funds in a timely or effective manner.
3. Unconditional Waiver and Release of Liens: At the election of the City, the D-BE shall provide, within thirty (30) days of receipt of each progress payment, unconditional waivers and release of lien rights, conditional subcontractor and material waivers, and unconditional waivers of previous payments, signed by D-BE and each of its subcontractors and materials suppliers, in the form established therefor by Section 8134 of the Civil Code of the State of California.
Audits: The City retains the right to audit the D-BE’s records, including but not limited to cost reports, material invoices and other such documents. Additionally, D-BE shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. D- BE shall include a copy of this section in all contracts with its Subcontractors, and D-BE shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City.
Project Completion
Substantial Completion:
When the D-BE feels that “Substantial Completion” has been achieved and at least 30 days prior to the completion date established in the Notice to Proceed plus any extensions granted in approved Change Orders, the following items shall be submitted:
1. Request for Inspection for Substantial Completion of the Work: The D-BE shall, in writing, submit a Request for Inspection for Substantial Completion of the Work. The City shall determine the validity of the request and respond stating a time and date of the inspection, including for attendance by any Consultants responsible for review of the Work and other parties as the City may desire in attendance.
2. D-BE’s Punch List:A Punch List of items to be completed and/or corrected shall be prepared by the D-BE and presented to the City with the Request for Inspection for
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 25
GENERAL CONDITIONS –
DESIGN-BUILD
Substantial Completion of the Work. The D-BE shall certify that the remaining items of Work shall be completed within 30 days and that the remaining items of Work do not in any way negatively impact the City's full and complete use of the Work. Failure to include any items on the punch lists shall not alter the responsibility of the D-BE to complete all the Work in accordance with the Contract Documents.
3. Closeout Submittals: Prior to the Inspection for Substantial Completion and within sufficient time for review by the City and its Consultants, the D-BE shall submit all reports, daily logs, photos, SWPPP reporting with final maintenance plan, notice of termination, record drawings (electronic AutoCAD or Revit and redline PDF’s), catalog data, three (3) manuals with complete operating and maintenance instructions, certificates, warranties, written guarantees and related documents as required by the Contract.
4. City Inspection and Final Punch List: The City and its consultants shall review the submittals, and if the Request for the Inspection is valid, conduct an inspection of the Work. The City shall review the Punch List, incorporating additional comments from the inspection for completion and/or correction by the D-BE for a Final Punch List.
Final Completion and Acceptance of the Work: The Owner’s Representative, upon agreeing that the Work is complete after completion of all Final Punch List items, and upon receipt of the fully executed Affidavit of Final Payment and the required Maintenance Bond and in accordance with all other provisions for project close out described herein, shall issue a Certificate of Completion to the D-BE following the acceptance of a Notice of Completion and Acceptance by the City Council (or its authorized designee).
Final Completion and Acceptance of the Work shall be made in accordance with the following steps and conditions:
1. D-BE’s Notice of Final Completion:Within 30 days of the Request for Inspection and upon completion of all of the Final Punch List items, the D-BE shall submit a “D-BE's Notice of Final Completion" in conformance with the Final Close Out Procedures within the Contract Documents, indicating that the Work is complete and ready for final inspection and acceptance. Failure by the D-BE to complete any items on the Final Punch List within 30 days of the request for Substantial Completion Inspection enables the City to require performance of same by the D-BE's Surety or otherwise arrange for completion of those items of Work and to deduct all costs thereof, as well as any liquidated damages or actual damages incurred from the Final Payment by means of deductive Change Order.
2. Final Inspection:Upon receipt of “D-BE’s Notice of Final Completion” the City Representatives, the Fire Marshal, and the Code enforcement officer shall promptly make final inspections.
3. D-BE Close-Out Documents: D-BE shall submit the following to the City before Final Inspection and after required corrections and/or repairs have been made:
a. Affidavit for Final Payment: After the completion of the Work of this Contract, the D-BE shall file with the City his or her affidavit signed under penalty of perjury stating that all workers and persons employed, all firms supplying the
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 26
GENERAL CONDITIONS –
DESIGN-BUILD
materials and all subcontractors upon the project have been paid in full and that there are no bills outstanding against the project for either labor or materials except certain items, if any, to be set forth in connection with which notices to withhold have been filed under the statutes of the State of California. The filing of such affidavits by the D-BE shall be required prior to D-BE's receipt of the final payment on this Contract.
b. Guarantees: D-BE shall submit a Guarantee in accordance with Section 00 60 00 Bond Requirements and Forms, and Guarantees for Total Work of these Contract Documents, and any additional Guarantees required by the technical provisions of the Contract Documents. Refer to Sections 00 65 36 Guaranty, for additional requirements.
c. Owner Training/Systems Commissioning: Refer to Specification Sections 01 82 00 Demonstration and Training and Section 01 91 00 General Commissioning Requirements.
d. As-Built Drawings and Specifications: D-BE shall submit As-Built Drawings and Specifications in accordance with General Conditions item 11.12 As-Built Drawings and Specifications.
e. Maintenance Bond: D-BE shall furnish a Maintenance Bond in the amount equal to five percent (5%) of the final Contract price, secured from a surety company admitted in the State of California and satisfactory to the City. Said bond shall protect the City against the result of faulty material or workmanship and shall remain in effect for a period of one year after the date the City’s Notice of Completion and Acceptance is filed with the Clerk of the City of Pismo Beach. f. Certificate of Occupancy: D-BE shall furnish the Certificate of Occupancy from the City Building Official and Fire Marshal having jurisdiction over the release of the Certificate.
g. Storm Water Pollution Prevention Plans Notice of Termination: D-BE shall provide the State Water Quality Control’s acceptance of the Notice of Termination for the Project’s General Permit, and the long-term storm water maintenance plan to the City as part of the Project close-out documents.
4. City’s Final Certificate of Completion: Following satisfactory completion of the above, the City shall file a certificate, over the City Director of Public Works signature, stating the Work has been given a final inspection and is approved by them, that the above required documents have been submitted, and that the Work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof. The Work, however, will not be deemed as accepted by the City until the City’s Notice of Completion and Acceptance is accepted by the City Council (or its authorized designee).
5. Notice of Completion and Acceptance: The Notice of Completion and Acceptance shall be submitted to the Owner’s Representative for approval on behalf of the City Council stating the final completion date and defining the project and the parties of the project Agreement.
6. Notice of Completion and Acceptance of Contract by the City: Acceptance of the Work by the City, and the subsequent recording of the "Notice of Completion and Acceptance of Contract by the City" by the City Clerk, provided the Work shall be
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 27
GENERAL CONDITIONS –
DESIGN-BUILD
then fully completed and the provisions of this Contract fully performed in all completed respects will be made only by the City Council (or its authorized designee) for the City.
Recordation of the Notice of Completion and Acceptance shall not be deemed an acceptance of latent defects, nor shall it constitute a waiver of any of the provisions of this Contract.
7. Certificate of Final Payment: Within thirty (30) days after the filing of the above- described Notice of Completion and Acceptance with the City Clerk, the Director of Public Works shall present a "Certificate of Payment" to the City Manager stating that the entire balance found to be due Contractor, less any retentions held, and noted in said Certificate, is due and payable.
8. Approval of Final Payment: Following receipt of said "Certificate of Final Payment" by the City Manager, said City Manager will issue final payment (full amount of Contract Price less 5% retention) to be paid on account thereof to the D-BE.
9. Release of Retention: Pursuant to the Public Contract Code Section 7107, within 60 days, but not less than 30 days of the recording of the Notice of Completion and Acceptance of Contract by the City with the City Clerk, the retention withheld shall be released. The D-BE is required to submit a payment request for release of the retention amounts.
ARTICLE 8 –CONTROL OF THE WORK
Supervision Of Work By Design-Build Entity
Design-Build Entity shall supervise, inspect, and direct Work competently and efficiently, devoting the attention and applying such personal skills and expertise as may be required and necessary to perform Work in accordance with Contract Documents.
Design-Build Entity is fully responsible for Design-Build Entity’s own acts and omissions.
Design-Build Entity is responsible for all acts and omissions of its Subcontractors, suppliers, Designers, and other persons and organizations performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract with Design- Build Entity.
Design-Build Entity shall be solely responsible for and have control and charge of construction means, methods, techniques, sequences and procedures, safety precautions and programs in connection with the Work. Design-Build Entity shall be responsible to see that the completed Work complies accurately with Contract Documents.
Design-Build Entity shall keep on the Site at all times during Work progress a competent resident Superintendent, who shall not be replaced without Owner’s express written consent. The Superintendent shall be Design-Build Entity’s representative at the Site and shall have complete authority to act on behalf of Design-Build Entity. All communications to and from the Superintendent shall be as binding as if given to or by Design-Build Entity.
Observation Of Work By Owner
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 28
GENERAL CONDITIONS –
DESIGN-BUILD
Owner Representative(s). Owner Representative(s) will have authority to act on behalf of Owner as set forth in the Contract Documents. Except as otherwise provided in these Contract Documents or subsequently identified in writing by Owner, Owner will issue all communications to Design-Build Entity through Owner Representative, and Design-Build Entity shall issue all communications to Owner through Owner Representative in a written document delivered to Owner. Should direct communications between Design-Build Entity and Owner’s consultants or Architects occur during field visits or by telephone, Design-Build Entity shall promptly confirm them in a written document copied to Owner.
Means and Methods of Construction. Subject to those rights specifically reserved in the Contract Documents, Owner will not supervise, or direct, or have control over, or be responsible for, Design-Build Entity’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or Design-Build Entity’s failure to comply with laws and regulations, codes, referenced standards and manufacturer’s installation instructions applicable to the furnishing or performance of Work. Owner will not be responsible for Design-Build Entity’s failure to perform or furnish the Work in accordance with Contract Documents.
In exercising its responsibilities and authorities under the Contract Documents, Owner does not assume any duties or responsibilities to any Subcontractor or supplier and does not assume any duty of care to Design-Build Entity, Design-Build Entity’s Subcontractors or suppliers. Except as expressly set forth in the Contract Documents, in exercising their respective responsibilities and authorities under the Contract Documents, neither Bridging Architect nor any Owner Representative assume any duties or responsibilities to any Subcontractor, sub-Subcontractor or supplier nor assume any duty of care to Design-Build Entity or any Subcontractor, sub-Subcontractor, Designer or suppliers.
Work shall be performed under Owner’s general observation and administration. Design- Build Entity shall comply with Owner’s directions and instructions in accordance with the terms of Contract Documents, but nothing contained in these General Conditions shall be taken to relieve Design-Build Entity of any obligations or liabilities under the Contract Documents. Owner’s failure to review or, upon review, failure to object to any aspect of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of Work.
Delegation To Consultant
Owner may delegate to the City’s Construction Manager and/or other Representative (collectively for purposes of this paragraph, “Consultant”) the Owner’s role (or portions thereof) under the Contract Documents to observe construction and to perform construction administration including receiving, reviewing, and responding to RFI submittals, and initial review of change order requests. When Owner so delegates these functions, Design-Build Entity must copy Owner on all writings, RFI’s, submittals and communications pertaining to such delegated matters, and Owner shall have the right to affirm or disaffirm Bridging Architect or Consultant decisions and recommendations (but must do so promptly). Owner shall at all times retain the sole right to sign and approve change to the work.
If engaged, Consultant will advise and consult with Owner, but will have authority to act on behalf of Owner only to extent provided in the Contract Documents or as set forth in
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 29
GENERAL CONDITIONS –
DESIGN-BUILD
writing by Owner. Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with Work. Consultant will not be responsible for or have control over the acts or omissions of Design-Build Entity, Subcontractors or their agents or employees, or any other persons performing Work.
Consultant may review Design-Build Entity’s submittals, such as Shop Drawings, Product Data, and Samples, but only for conformance with design concept of Work and with information given in the Contract Documents.
Consultant may visit the Site at intervals appropriate to stage of construction to become familiar generally with the progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. Based on its observations, Consultant may recommend to Owner that it disapprove or reject Work that Consultant believes to be defective or will not produce a complete Project that conforms to Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by Contract Documents. Owner will also have authority to require special inspection or testing of Work, whether or not the Work is fabricated, installed or completed.
Consultant may conduct inspections to recommend to Owner the dates that Design-Build Entity has achieved Substantial Completion and Final Acceptance, and will receive and forward to Owner for review written warranties and related documents required by Contract Documents.
Access To Work
During performance of Work, Owner and its agents, officers, consultants, and employees may at any time enter upon Work, shops or studios where any part of the Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Design-Build Entity shall provide proper and safe facilities for this purpose, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as Owner’s interests may require. Other contractors performing work for Owner may also enter upon Work for all purposes required by their respective contracts. Subject to the rights reserved in the Contract Documents, Design-Build Entity shall have sole care, custody, and control of the Site and its Work areas.
Owner may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the for the purpose of installing any necessary work by Owner labor or other contracts, and for any other purpose in connection with the installation of facilities.
In doing so, Owner shall endeavor not to interfere with Design-Build Entity and Design- Build Entity shall not interfere with other work being done by or on behalf of Owner.
If, prior to completion and final acceptance of all the Work, Owner takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating return to Design-Build Entity), then, while Owner is in possession of the same, Design-Build Entity shall be relieved of liability for loss or damage to such structure other than that resulting from the Design-Build Entity’s fault or negligence. Such taking of
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 30
GENERAL CONDITIONS –
DESIGN-BUILD
possession by Owner shall not relieve the Design-Build Entity from any provisions of the Contract respecting such structure, other than to the extent specified in the preceding sentence, nor constitute a final acceptance of such structure or facility.
Use of Completed Work
Whenever, in the opinion of the City, the Work, or any part thereof, is in a condition suitable for use, and the best interest of the City requires such use, the City may take possession of, connect to, open for public use, or use the Work or such part thereof.
The use by the City of the Work or part thereof as contemplated in this article shall in no case be construed as constituting acceptance of the Work or any part thereof. Such use shall neither relieve the D-BE of any of their responsibilities under this Contract, nor act as a waiver by the City of any of the terms and conditions hereof. A Notice of Completion will not be filed with the City Clerk until all phases of the Work are complete and accepted by the City.
Repairs or Renewals in the Work
Prior to the date of acceptance of Work by the City, all necessary repairs or renewals in the Work or part thereof so used not due to ordinary wear and tear, but due to damaged or defective material, or workmanship or to the operation of the D-BE, shall be made at the expense of the D-BE. D-BE is responsible to protect all work during construction and deliver all work in a like new condition at project completion.
If, following installation of any equipment or facilities furnished by D-BE, defects requiring correction by D-BE are found, City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to City.
ARTICLE 9 –WARRANTY, GUARANTY, AND INSPECTION OF WORK
Warranty And Guaranty
General Representations and Warranties. Design-Build Entity represents and warrants that it is and will be at all times fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with the most recent version of Title 24, California Code of Regulations and the terms of Contract Documents. Design-Build Entity warrants that all design and construction services shall be performed in accordance with generally accepted professional standards of good and sound design and construction practices and all requirements of Contract Documents, and that the design as developed will comply with the Bridging Documents and the intended use of the Project.
Design-Build Entity warrants that Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, architecture and/or engineering, materials, construction and workmanship.
Design-Build Entity warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 31
GENERAL CONDITIONS –
DESIGN-BUILD
standards, licenses, and permits, Bridging Documents and all descriptions set forth therein, and all other requirements of Contract Documents.
D-BE warrants that Work shall be fit for its intended purpose, watertight and meeting current and proven recognized industry standards for work similar to the Project and that all systems, equipment shall be new, shall be of suitable grade of its respective kind for its intended use, and shall be free from defects in design, engineering, materials, construction and workmanship, and shall conform in all respects with all applicable requirements of federal, state, and local laws, licenses, and permits.
Ten Year Correction Period. For a period of not less than ten years from the date the City accepts D-BE’s Work, as evidenced by the City Clerk’s filing the Notice of Completion for the Project, D-BE shall take immediate action to correct any defective Work reported by the City orally or in writing. All defective Work shall be corrected by the D-BE at no cost to the City, and shall include all labor, materials, equipment, and incidental work necessary to perform the repairs and corrective work.
D-BE shall initiate corrective action on defective Work affecting the use of the facility or affecting the safety or preservation of property within twenty-four (24) hours after notification. D-BE shall initiate corrective action on other defective Work within ten (10) calendar days after notification. If D-BE fails to initiate corrective action within the specified times or fails to complete the corrective work within a reasonable time, City may take whatever corrective action it deems necessary. All Costs incurred by the City because of D-BE’s failure to correct defective Work during the one-year corrective period shall be due and payable immediately by the D-BE.
The ten-year correction period shall be extended for a one year from the date of correction for the work that was done to correct the defective Work within the last year of the correction period.
The ten-year correction period does not establish a period of limitations with respect to any D-BE’s other obligations under the Contract Documents, including but not limited to D-BE’s warranty, and it has no relationship to the time within which the City may seek to enforce the D-BE’s obligation to comply with the Contract Documents or to the time within which proceedings mat be commenced to establish the D-BE’s liability with respect to any of the D-BE’s obligations.
Extended Guaranties. Any guaranty exceeding two years provided by the supplier or manufacturer of any equipment or materials used in the Project shall be extended for such term. Design-Build Entity shall supply Owner with all warranty and guaranty documents relative to equipment and materials incorporated in the Project and guaranteed by their suppliers or manufacturers.
Survival. All D-BE’s warranty obligations shall survive abandonment, termination, and completion of the Contract. Neither final payment for any other provision in the Contract Documents shall constitute the City’s acceptance of the Work not performed in accordance with the Contract Documents nor relieve the D-BE of liability with respect to its warranty obligations of for Defective Work.
Environmental and Toxics Warranty. The covenants, warranties and representations contained in this paragraph are effective continuously during Design-Build Entity’s Work on the Project and following cessation of labor for any reason including, but not limited to,
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 32
GENERAL CONDITIONS –
DESIGN-BUILD
Project completion. Design-Build Entity covenants, warrants and represents to Owner that:
1. To Design-Build Entity’s knowledge after due inquiry, no lead or asbestos-containing materials were installed or discovered in the Project at any time during Design-Build Entity’s construction thereof. If any lead or asbestos-containing materials were discovered, Design-Build Entity made immediate written disclosure to Owner.
2. To Design-Build Entity’s knowledge after due inquiry, no electrical transformers, light fixtures with ballasts or other equipment containing PCBs are or were located on the Project at any time during Design-Build Entity’s construction thereof.
3. To Design-Build Entity’s knowledge after due inquiry, no storage tanks for gasoline or any other toxic substance are or were located on the Project at any time during Design-Build Entity’s construction thereof. If any such materials were discovered, Design-Build Entity made immediate written disclosure to Owner.
4. Design-Build Entity’s operations concerning the Project are and were not in violation of any applicable environmental federal, state, or local statute, law or regulation dealing with hazardous materials substances or toxic substances and no notice from any governmental body has been served upon Design-Build Entity claiming any violation of any such law, ordinance, code or regulation, or requiring or calling attention to the need for any work, repairs, construction, alteration, or installation on or in connection with the Project in order to comply with any such laws, ordinances, codes, or regulations, with which Design-Build Entity has not complied. If there are any such notices with which Design-Build Entity has complied, Design-Build Entity shall provide Owner with copies thereof.
Inspection Of Work
All materials, equipment, and workmanship used in Work shall be subject to inspection and testing at all times during construction and/or manufacture in accordance with the terms of Contract Documents. Work and materials, and manufacture and preparation of materials, from beginning of construction until final completion and acceptance of Work, shall be subject to inspection and rejection by Owner, its agents, representatives or independent contractors retained by Owner to perform inspection services, or governmental agencies with jurisdictional interests. Design-Build Entity shall provide them proper and safe conditions for such access and advise them of Design-Build Entity’s Site safety procedures and program so that they may comply therewith as applicable. Upon request or where specified, Owner shall be afforded access for inspection at the source of supply, manufacture or assembly of any item of material or equipment, with reasonable accommodations supplied for making such inspections.
Design-Build Entity shall give Owner a minimum of two business days’notice of readiness of Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
Owner will hire through separate contract, a City-certified Inspector of Record for this Project, and a Special Inspection and Materials Testing Laboratory. Upon advance notice as set forth above, Owner will endeavor to schedule required inspections, but if resources
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 33
GENERAL CONDITIONS –
DESIGN-BUILD
are not available, Design-Build Entity may need to reschedule the Work at no additional cost to the Owner.
In the event that a scheduled inspection is canceled in less than 24 hours ’notice by Design-Build Entity and the Owner incurs costs associated with the cancellation, Design- Build Entity will reimburse Owner for the actual costs of the canceled inspections. The amount will be deducted from payment owed Design-Build Entity.
If applicable laws or regulations of any public body (other than City of Pismo Beach) having 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 inspections, tests or approvals, and furnish Owner with the required certificates of inspection, or approval.
Owner will pay the cost of initial testing and Design-Build Entity shall pay all costs in connection with any follow-up or additional testing. Design-Build Entity shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Design-Build Entity’s purchase thereof for incorporation in the Work.
If Design-Build Entity covers any Work, or the work of others, prior to any required inspection, test or approval without written approval of Owner, Design-Build Entity shall uncover the Work at Owner’s request. Design-Build Entity shall bear the expense of uncovering Work and replacing Work.
In any case where Design-Build Entity covers Work contrary to Owner’s request, Design- Build Entity shall uncover Work for Owner’s observation or inspection at Owner’s request.
Design-Build Entity shall bear the cost of uncovering Work.
Whenever required by Owner, Design-Build Entity shall furnish tools, labor and materials necessary to make examination of Work that may be completed or in progress, even to extent of uncovering or taking down portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of reconstruction shall be borne by Design- Build Entity. If Work is found to be satisfactory, Owner, in manner herein prescribed for paying for alterations, modifications, and extra Work, except as otherwise herein specified, will pay for examination.
Owner shall select testing agencies approved by City of Pismo Beach to conduct required tests and inspections for the Project. A list of required structural tests and inspections prepared by Design-Build Entity and approved by City of Pismo Beach shall be provided to the designated testing agency, Owner’s representative and Inspector prior to the start of construction.
The testing agency shall forward the test results to City of Pismo Beach, Design-Build Entity, Owner and the Project Inspector within 14 days of the date of the test. The testing agency shall forward to City of Pismo Beach a verified report covering all the tests required to be made by that agency during the progress of the Project.
Inspection of the Work by or on behalf of Owner, or Owner’s failure to do so, shall not under any circumstances be deemed a waiver or approval of any non-conforming aspect
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 34
GENERAL CONDITIONS –
DESIGN-BUILD
of the Work. Design-Build Entity shall have an absolute duty, in the absence of a written Change Order signed by Owner, to perform Work in conformance with the Contract Documents.
Any inspection, evaluation, or test performed by or on behalf of Owner relating to the Work is solely for the benefit of Owner, and shall not be relied upon by Design-Build Entity.
Design-Build Entity shall not be relieved of the obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty, warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by Owner, whether or not such inspections, evaluations, or tests are permitted or required under the Contract Documents. Design-Build Entity shall be solely responsible for testing and inspecting Work already performed to determine whether such Work is in proper condition to receive later Work.
Correction Of Defective Work
Design-Build Entity shall correct Defective Work promptly upon knowledge of it. If Design- Build Entity fails to supply sufficient skilled workers, suitable materials or equipment, or to furnish or perform the Work in such a way that the completed Work will conform to Contract Documents, Owner may order Design-Build Entity to replace any Defective Work, or stop any portion of Work to permit Owner (at Design-Build Entity’s expense) to replace such Defective Work. These Owner rights are entirely discretionary on the part of Owner, and shall not give rise to any duty on the part of Owner to exercise the rights for the benefit of Design-Build Entity or any other party.
Owner may direct Design-Build Entity to correct any Defective Work or remove it from the Site and replace it with Work that is not defective and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting from the correction or removal. Design-Build Entity shall be responsible for any and all claims, costs, losses and damages caused by or resulting from such correction or removal. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may decide the proper amount or, in its discretion may elect to leave the Contract Sum unchanged and deduct from moneys due Design-Build Entity, all such claims, costs, losses and damages caused by or resulting from the correction or removal. If Design-Build Entity disagrees with Owner’s calculations, it may make a claim as provided in Article 12 of this Document 00 7253. Owner’s rights under this paragraph shall be in addition to any other rights it may have under the Contract Documents or by law.
Correction period:
1. With respect to equipment and machinery supplied by Design-Build Entity and incorporated into the Work and placed into continuous service, if within one year after the date of Final Completion of the portion of the Work incorporating the equipment and/or machinery (or, to the extent expressed by Change Order or Certificate of Final Completion, one year after Owner’s written acceptance of such equipment), or such longer period as may be prescribed by laws or regulations, or by the terms of the Contract Documents, any equipment or machinery is found to be
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 35
GENERAL CONDITIONS –
DESIGN-BUILD
defective, Design-Build Entity shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work .
2. With respect to structures within the scope of Work, if within one year after the date of Final Completion, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Design-Build Entity shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work.
3. Design-Build Entity shall remove any Defective Work rejected by Owner and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Design-Build Entity fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced.
4. Design-Build Entity shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Design-Build Entity fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
Where Defective Work or rejected Work (and damage to other Work resulting therefrom) has been removed and replaced under this provision after the commencement of the correction period, the correction period hereunder with respect to such Work shall be extended for an additional period of one year after such removal and replacement has been satisfactorily completed.
If following installation of any equipment, machinery, or facilities furnished by Design-Build Entity, defects requiring correction by Design-Build Entity are found, Owner shall have the right to operate such defective equipment or facilities and make reasonable use thereof until the equipment, machinery, or facilities can be shut down for correction of defects without causing injury to Owner.
Acceptance And Correction Of Defective Work By Owner
Owner may accept Defective Work. Design-Build Entity shall pay all claims, costs, losses and damages attributable to Owner’s evaluation of and determination to accept such Defective Work. If Owner accepts any Defective Work prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may deduct from moneys due Design-Build Entity, all claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If Design-Build Entity disagrees with Owner’s calculations, Design-Build Entity may make a claim as provided in Article 12 of this Document 00 7253. If Owner accepts any Defective Work after final payment, Design- Build Entity shall pay to Owner, an appropriate amount as determined by Owner.
Owner may correct and remedy a deficiency if, after five Days’ written notice to Design- Build Entity, Design-Build Entity fails to correct Defective Work or to remove and replace rejected Work as set forth in this Article; or provide a plan for correction of Defective Work acceptable to Owner; or perform Work in accordance with Contract Documents. In
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 36
GENERAL CONDITIONS –
DESIGN-BUILD
connection with such corrective and remedial action, Owner may exclude Design-Build Entity from all or part of the Site; take possession of all or part of Work and suspend Design-Build Entity’s Work related thereto; take possession of all or part of Design-Build Entity’s tools, appliances, construction equipment and machinery at the Site; and incorporate in Work any materials and equipment stored at the Site or for which Owner has paid Design-Build Entity but which are stored elsewhere. Design-Build Entity shall allow Owner, its representatives, agents, employees, and other contractors and Owner’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. Design-Build Entity shall be responsible for all claims, costs, losses, damages, expenses and liabilities incurred or sustained by Owner in exercising such rights and remedies. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may deduct from moneys due Design-Build Entity, all claims, costs, losses and damages caused by or resulting from the correction or removal. If Design-Build Entity disagrees with Owner’s calculations, Design-Build Entity may make a claim as provided in Article 12 of this Document 00 7253.
Owner’s decisions to accept Defective Work or correct Defective Work are subject to approval of City of Pismo Beach, and any requirements of Title 24, California Code of Regulations.
Rights Upon Inspection Or Correction
Design-Build Entity shall not be allowed an extension of Contract Time because of any delay in the performance of Work attributable to the exercise by Owner of its rights and remedies under this Article 9. Where Owner exercises its rights under this Article 9, it retains all other rights it has by law or under the Contract Documents including, but not limited to, the right to terminate Design-Build Entity’s right to proceed with the Work under the Contract Documents and/or make a claim or back charge where a Change Order cannot be agreed upon.
Inspection by Owner shall not relieve Design-Build Entity of its obligation to have furnished material and workmanship in accordance with Contract Documents. Payment for Work completed through periodic progress payments or otherwise shall not operate to waive Owner’s right to require full compliance with Contract Documents and shall in no way be deemed as acceptance of the Work paid therefore. Design-Build Entity’s obligation to complete the Work in accordance with Contract Documents shall be absolute, unless Owner agrees otherwise in writing.
Samples And Tests Of Materials And Work
Design-Build Entity shall furnish, in such quantities and sizes as may be required for proper examination and tests, samples or test specimens of all materials to be used or offered for use in connection with Work. Design-Build Entity shall prepare samples or test specimens at its expense and furnish them to Owner. Design-Build Entity shall submit all samples in ample time to enable Owner to make any necessary tests, examinations, or analyses before the time it is desired to incorporate the material into the Work.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 37
GENERAL CONDITIONS –
DESIGN-BUILD
Test samples or specimens of material for testing shall be taken by the Bridging Architect, his or her representative, Project Inspector or representative of the testing agency. In no case shall Design-Build Entity or vendor select the sample.
Proof Of Compliance Of Contract Provisions
In order that Owner may determine whether Design-Build Entity has complied or is complying with requirements of Contract Documents not readily enforceable through inspection and tests of Work and materials, Design-Build Entity shall at any time, when requested, submit to Owner properly authenticated documents or other satisfactory proofs of compliance with all applicable requirements.
Acceptance
Inspection by Owner or its authorized agents or representatives, any order or certificate for the payment of money, any payment, acceptance of the whole or any part of Work by Owner, any extension of time, any verbal statements on behalf of Owner or its authorized agents or representatives shall not operate as a waiver or modification of any provision of the Contract Documents, or of any power reserved to Owner herein or therein or any right to damages provided in the Contract Documents. Any waiver of any breach of the Contract Documents shall not be held to be a waiver of any other subsequent breach.
ARTICLE 10 –DESIGN-BUILD ENTITY’S ORGANIZATION AND EQUIPMENT Design-Build Entity’s Legal Address
Address and facsimile number given in Design-Build Entity’s Proposal are hereby designated as Design-Build Entity’s legal address and facsimile number. Design-Build Entity may change its legal address and facsimile number by notice in writing, delivered to Owner, which in conspicuous language advises Owner of a change in legal address or facsimile number, and which Owner accepts in writing. Delivery to Design-Build Entity’s legal address or depositing in any post office or post office box regularly maintained by the United States Postal Service, in a wrapper with postage affixed, directed to Design- Build Entity at legal address, or of any drawings, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Design-Build Entity. Facsimile to Design-Build Entity’s designated facsimile number of any letter, memorandum, or other communication on standard or legal sized paper, with proof of facsimile transmission, shall be deemed legal and sufficient service thereof upon Design-Build Entity.
Design-Build Entity’s Office At The Work Site
Design-Build Entity shall maintain an office at the Site, which office shall be headquarters of a Design-Build Entity representative authorized to transmit to and receive from Owner, communications, instructions or Drawings. Communications, instructions, or Drawings given to Design-Build Entity’s representative or delivered at the Site office in representative’s absence shall be deemed to have been given to Design-Build Entity.
Design-Build Entity’s Superintendents Or Forepersons
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 38
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall at all times be represented on Site by one or more superintendents or forepersons authorized and competent to receive and carry out any instructions that Owner may give, and shall be liable for faithful observance of instructions delivered to Design-Build Entity or to authorized representative or representatives on Site.
Proficiency In English
Supervisors, security guards, safety personnel and employees who have unescorted access to the Site shall possess proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.
Design-Build Entity’s And Subcontractors’ Employees
Design-Build Entity shall employ, and shall permit its Subcontractors to employ, only competent and skillful personnel to do Work. If Owner notifies Design-Build Entity that any of its employees, or any of its Subcontractors’ employees on Work is incompetent, unfaithful, disorderly or profane, or fails to observe customary standards of conduct or refuses to carry out any provision of the Contract Documents, or uses threatening or abusive language to any person on Work representing Owner, or violates sanitary rules, or is otherwise unsatisfactory, and if Owner requests that such person be discharged from Work, then Design-Build Entity or its Subcontractor shall immediately discharge such person from Work and the discharged person shall not be re-employed on the Work except with consent of Owner.
D-BE shall provide reports and documentation for enforcement of the requirements for a skilled work force. Monthly reporting shall be submitted with monthly payment requests.
Design-Build Entity To List Trades Working
Design-Build Entity shall list the trades working on the Site and their scheduled activities on a daily basis, and provide a copy of that list to Owner.
Design-Build Entity’s Use Of The Site
Design-Build Entity shall not make any arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between Owner and any owner, former owner or tenant of such land, structure or buildings. Design- Build Entity may not occupy Owner-owned property outside the limit of the Work as indicated on the Drawings unless it obtains prior written approval from Owner.
D-BE shall confine all apparatus, material, and equipment required in the performance of this Contract to the limits indicated by law, ordinances, permits, or directions of the City, and shall not unreasonably encumber the premises therewith. Material and equipment shall be brought and used upon the premises in such manner as to leave driveways and parking areas for regular use of the public and employees of the City. Parking and Project staging areas shall be incorporated into the Project limits or identified prior to starting.
Protection of the Public and Adjacent Public Property: All laws and ordinances for the
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 39
GENERAL CONDITIONS –
DESIGN-BUILD
protection of the public shall be complied with. The D-BE shall be responsible for any damage they cause to any and all adjacent property. The City may reject any means, methods, techniques, sequences or procedures proposed by the D-BE which might constitute or create a hazard to the Work or to persons or property, or which will not provide Work in accordance with the Contract Documents. However, neither the acceptance nor the failure to reject any means, techniques, sequences, and procedures by the City shall relieve the D-BE of their responsibilities to safely and to properly complete the Work.
Use of Roadways and Walkways: D-BE shall not unnecessarily interfere with use of any roadway, walkway, or other facility for vehicular or pedestrian traffic. Before beginning any interference and only with City’s prior concurrence and issuance of an encroachment permit, D-BE may provide detour or temporary means for traffic to pass around or over the interference, which D-BE shall maintain in satisfactory condition as long as interference continues. Unless otherwise provided in the Contract Documents, D-BE shall bear the cost of these temporary facilities.
ARTICLE 11 –PROSECUTION AND PROGRESS OF THE WORK
Design-Build Entity To Submit Required Schedules
At the Preconstruction Conference, Design-Build Entity shall submit to Owner for review and discussion, and again in final form prior to the first payment application, the following documents:
1. Work Breakdown Schedule/Schedule of Values (“WBS/SOV”) per Section 01 2000 (Measurement and Payment);
2. Progress schedules and reports as required in Section 01 3200 (Progress Schedules and Reports), as applicable;
3. Quality Control program and other submittals; and
4. Schedule of submittals per Section 01 3300 (Submittals).
No progress payment shall be due or owing to Design-Build Entity until such schedules are submitted to and acceptable to Owner as meeting the requirements of the Contract Documents. Owner’s acceptance of Design-Build Entity’s schedules will not create any duty of care or impose on Owner any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Design-Build Entity from Design-Build Entity’s full responsibility therefore.
Before commencing any portion of Work, Design-Build Entity shall inform Owner in writing as to time and place at which Design-Build Entity wishes to commence Work, and nature of Work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to Owner a reasonable time in advance of time at which Design-Build Entity proposes to begin Work, so that Owner may complete necessary preliminary work without inconvenience or delay to Design-Build Entity.
Design-Build Entity To Supply Sufficient Workers And Materials
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 40
GENERAL CONDITIONS –
DESIGN-BUILD
Unless otherwise required by Owner under the terms of Contract Documents, Design- Build Entity shall at all times keep on the Site materials and employ qualified workers sufficient to prosecute Work at a rate and in a sequence and manner necessary to complete Work within the Contract Time. This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.
At any time during progress of Work should Design-Build Entity directly or indirectly (through Subcontractors) refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the Work as required, then Owner may require Design-Build Entity to accelerate the Work and/or furnish additional qualified workers or materials as Owner may consider necessary, at no cost to Owner. If Design-Build Entity does not comply with the notice within three Business Days of date of service thereof, Owner shall have the right (but not a duty) to provide materials and qualified workers to finish the Work or any affected portion of Work, as Owner may elect. Owner may, at its discretion, exclude Design-Build Entity from the Site, or portions of the Site or separate work elements during the time period that Owner exercises this right. Owner will deduct from moneys due or which may thereafter become due under the Contract Documents, the sums necessary to meet expenses thereby incurred and paid to persons supplying materials and doing Work. Owner will deduct from funds or appropriations set aside for purposes of Contract Documents the amount of such payments and charge them to Design-Build Entity as if paid to Design-Build Entity. Design-Build Entity shall remain liable for resulting delay, including liquidated damages (if any) and indemnification of Owner from claims of others.
Exercise by Owner of the rights conferred upon Owner in this subparagraph is entirely discretionary on the part of Owner. Owner shall have no duty or obligation to exercise the rights referred to in this subparagraph and its failure to exercise such rights shall not be deemed an approval of existing Work progress or a waiver or limitation of Owner’s right to exercise such rights in other concurrent or future similar circumstances. (The rights conferred upon Owner under this subparagraph are, like all other such rights, cumulative to Owner’s other rights under any provision of the Contract Documents.) Design-Build Entity To Protect Underground Facilities
Drawings may indicate above and below grade structures and Underground Facilities such as: drainage lines, storm drains, sewers, water, gas, electrical, chemical, hot water, and other similar items and utilities. Design-Build Entity shall locate these known existing installations before proceeding with trenching or other operations that may cause damage.
Design-Build Entity shall further locate, by carefully excavating with small equipment, potholing and principally by hand, all such utilities or installations that are to remain and that are subject to damage. If additional utilities whose locations are unknown are discovered, Design-Build Entity shall immediately report to Owner for disposition of the same.
Additional utilities whose locations are unknown to Owner are suspected to exist. Design- Build Entity shall be alert to their existence; if they are encountered, Design-Build Entity shall immediately report to Owner for disposition of the same. Design-Build Entity shall also investigate the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 41
GENERAL CONDITIONS –
DESIGN-BUILD
facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site, even if not shown or indicated in information supplied by Owner or the regional notification center. Design-Build Entity shall immediately secure all such available information and notify Owner and the utility owner, in writing, of its discovery.
At all times during construction, all operating Underground Facilities shall remain in operation, unless the Contract Documents expressly indicate otherwise. Design-Build Entity shall maintain such Underground Facilities in service where appropriate; shall repair any damage to them caused by the Work; and shall incorporate them into the Work, including reasonable adjustments to the design location (including minor relocations) of the existing or new installations. Design-Build Entity shall take immediate action to restore any in service installations damaged by Design-Build Entity’s operations.
Design-Build Entity To Locate Underground Utilities
Before commencing work of digging trenches or excavation, Design-Build Entity shall also review all information available regarding subsurface conditions, including but not limited to information supplied in Document 00 3132 (Geotechnical Data and Existing Conditions), and subject to the terms and conditions of these documents, Design-Build Entity shall also comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:
“Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” Design-Build Entity shall contact Underground Service Alert (USA) and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Design-Build Entity is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Design-Build Entity shall provide Owner with copies of all USA records secured by Design-Build Entity. Design-Build Entity shall advise Owner of any conflict between information provided in Document 00 3132 (Geotechnical Data and Existing Conditions), the Drawings and that provided by USA records. Design-Build Entity’s excavation shall be subject to and comply with the Contract Documents, including without limitation all applicable requirements set forth in this Document 00 7253 (General Conditions).
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 42
GENERAL CONDITIONS –
DESIGN-BUILD
Additional compensation or extension of time on account of utilities not shown or otherwise brought to Design-Build Entity’s attention, including reasonable action taken to protect or repair damage, shall be determined as provided in this Document 00 7253.
1. At no additional cost to Owner, Design-Build Entity shall incorporate into the Work main or trunk line utilities identified in the Contract Documents and other utilities or underground structures known or reasonably discernible and that will remain in service, including reasonable adjustments to the design location (including minor relocations) of the existing or new installations. Design-Build Entity shall take immediate action to restore any in service installations damaged by Design-Build Entity’s operations. Should Owner determine that Design-Build Entity has not responded in a timely manner or not diligently pursued completion of the Work, Owner may restore service and deduct the costs of such action by Owner from the amounts due under the Contract.
2. Consistent with Government Code Section 4215, as between Owner and Design- Build Entity, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or Document 00 3132 (Geotechnical Data and Existing Conditions). Owner will compensate for the cost of locating and repairing damage not due to Design-Build Entity’s failure to exercise reasonable care, removing and relocating such main or trunk line utility facilities not indicated in the Contract Documents or Document 00 3132 (Geotechnical Data and Existing Conditions) with reasonable accuracy, and equipment on the Project necessarily idled during such work.
Design-Build Entity shall have full responsibility for:
1. reviewing and checking all available information and data and information supplied from the regional notification center;
2. locating all Underground Facilities shown or indicated in the Contract Documents, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary back hoeing and potholing;
3. coordination of the Work with the owners of such Underground Facilities during construction; and
4. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.
If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials supplied by Owner or in information on file at USA or is otherwise reasonably available to Design-Build Entity, then Design-Build Entity shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven Days), and prior to performing any Work in connection therewith (except in an emergency as required by this Document 00 7253), identify the owner of such Underground Facility and give written notice to that owner and to Owner. During such time, Design-Build Entity shall be responsible for the safety and protection of such Underground Facility.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 43
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by Owner only where the Underground Facility:
1. Was not shown or indicated in the Contract Documents or in the information supplied pursuant to Document 00 3132 (Geotechnical Data and Existing Conditions) or in information on file at USA; and
2. Design-Build Entity did not know of it; and
3. Design-Build Entity could not reasonably have been expected to be aware of it or to have anticipated it from the information available. (For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then an increase in the Contract Price or an extension of the Contract Time will not be due, even if the Underground Facility was not indicated in the Contract Documents, in the information supplied to Design-Build Entity pursuant to Document 00 3132 (Geotechnical Data and Existing Conditions), in information on file at USA, or otherwise reasonably available to Design-Build Entity.)
Design-Build Entity shall bear the risk that Underground Facilities not owned or built by Owner may differ in nature or locations shown in information made available by Owner pursuant to Document 00 3132 (Geotechnical Data and Existing Conditions), in information on file at USA, or otherwise reasonably available to Design-Build Entity.
Underground Facilities are inherent in construction involving digging of trenches or other excavations and Design-Build Entity is to apply its skill and industry to verify the information available.
Connections To Or Alterations To Existing Conditions And Facilities In planning and performing the Work, every effort shall be made to minimize the levels of noise, dirt, dust, molds, biological organisms (e.g., aspergillus), fumes, odors and similar items to the extent possible. Design-Build Entity shall remove, cut, alter, replace and repair existing building infrastructure, including without limitation plumbing, medical gas, fire and life safety equipment, utilities and casework, consistent with Design-Build Entity’s coordination and planning responsibilities to not interfere with ongoing Owner operations, as necessary to install new Work. Except as otherwise shown or specified, Design-Build Entity shall not cut, alter or remove any structural Work, and shall not disturb any ducts, plumbing, steam, gas, or electrical Work without approval of Owner.
Unless otherwise specified or indicated, Design-Build Entity shall make all connections or alterations to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric, necessary to complete the Work of the Contract Documents. In each case, Design-Build Entity shall provide advance notice to and receive permission from Owner or the owning utility prior to undertaking any connection or making any alterations.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 44
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall restore existing conditions (walls, structures, partitions, floors, mechanical and electrical Work, etc.) disturbed or removed as a result of performing required new Work to the original conditions. Existing conditions or facilities to be altered or extended and found to be defective in any way, shall be reported to Owner before commencing Work. Materials and workmanship used in restoring conditions or facilities shall conform or exceed in type and quality that of original existing construction, except as otherwise shown or specified or required by codes or applicable standards.
Lines And Grades
All Work shall be done to the lines, grades, and elevations indicated on the Drawings.
Owner may such provide basic horizontal and vertical control points to be used as datums for the Work, as may be indicated on Drawings and Specifications; however, all further survey, layout, and measurement work shall be performed by Design-Build Entity as a part of the Work.
Design-Build Entity shall provide at its cost an experienced, appropriately licensed civil engineer or land surveyor, and all required instrument persons, competent assistants, and such instruments, tools, stakes and other materials required to complete the survey, layout, and measurement of work. In addition, Design-Build Entity shall furnish at its cost competent persons and such tools, stakes, and other materials as Owner may require in establishing or designating control points, or in checking survey, layout, and measurement work performed by Design-Build Entity.
Design-Build Entity shall locate control points before commencing construction Work on any Site, preserve all reference points throughout construction, and promptly replace all points which become lost or destroyed.
Design-Build Entity shall keep Owner informed, a reasonable time in advance, of the times and places at which it wishes to do Work, so that any checking deemed necessary by Owner may be done with minimum inconvenience to Owner and minimum delay to Design-Build Entity.
Design-Build Entity shall remove and reconstruct Work which is improperly located.
Design-Build Entity To Not Disrupt Owner Operation
Design-Build Entity shall schedule and execute all Work in a manner that does not interfere with or disrupt Owner operations, including but not limited to, parking, utilities (electricity, gas, water), noise, vibration, odors/fumes, access by employees and administration, access by vendors, teachers, students, and any other person or entity using Owner facilities or doing business with Owner. Design-Build Entity shall produce and supply coordination plans and make timely requests to Owner, following Owner procedures, for any necessary interference of construction with Owner, with which Owner will reasonably cooperate. At a minimum, Design-Build Entity shall make every effort to minimize the levels of noise, vibration, dirt, dust, molds, biological organisms, fumes, odors and similar items to the extent possible and in accordance with local ordinances or other requirements.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 45
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity’s use of service areas and equipment and vehicle ingress and egress shall be kept to the minimum essential to its operations. Non-essential vehicles and equipment shall be kept out of such areas. In the event of unavoidable conflict with Owner’s operations, and upon request of facility staff or vehicle attendants, Design-Build Entity shall eliminate such conflicting use immediately for emergency services.
Design-Build Entity shall produce and supply coordination plans and requests to Owner, following Owner procedures, for all necessary interface of construction with Owner, which Owner will reasonably cooperate with.
Maintenance, Product Handling, And Protection
Design-Build Entity shall transport, deliver, handle, and store materials and equipment at the Site in such a manner as to prevent the breakage, damage or intrusions of foreign matter or moisture, and otherwise to prevent damage. Design-Build Entity shall arrange for Owner right of inspection or observation of all materials and equipment in fabrication, assembly or transport, which right Owner may exercise in its sole unfettered discretion.
Design-Build Entity shall provide Owner with copies of the OSHA Material Safety Data Sheets (MSDS) for all products containing a hazardous substance, examples: Adhesives, paints, sealants, and the like.
Design-Build Entity shall provide packaged material in manufacturer’s original containers with seals unbroken and labels intact until incorporated into the Work.
Design-Build Entity shall remove all damaged or otherwise unsuitable material and equipment promptly from the Site.
Design-Build Entity shall protect all work in place.
Cost of maintenance of systems and equipment prior to either Substantial Completion or Final Completion will be considered as included in Contract prices and no direct or additional payment will be made therefore.
Service and Maintenance Agreements. Design-Build Entity shall supply Owner with all service and maintenance agreements provided by the supplier or manufacturer of any equipment or materials used in the Project and provided by any subcontractors that performed any portion of the Project Work, including, but not limited to, Project landscaping, elevators, HVAC systems, and other large electrical and mechanical equipment. The duration of any service or maintenance agreements supplied to Owner shall be from the date of Final Completion of the Project Work.
Electronic Communications And Information Distribution
To maximize the efficiency of Project communication, Design-Build Entity agrees to work collaboratively with Owner to implement a common, accessible system for creating and maintaining Project reports, storing and retrieving Project minutes, logs, CAD files, and other critical Project documentation.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 46
GENERAL CONDITIONS –
DESIGN-BUILD
All communications recognized under the Contract Documents shall be in writing, in the form of a serialized document, by type of communication. For example, RFI’s shall be serialized beginning with RFI No. 1; payment applications shall be serialized beginning with Payment Application No. 1, submittals shall be serialized per specification section and transmitted with transmittal sheets beginning with Transmittal No. 1; and correspondence shall be serialized beginning with letter No. 1. Design-Build Entity may propose other record management and identification systems or protocols, intended to facilitate orderly transmittal of project information, storage and retrieval of such information, which Owner will review consistent with these stated objectives, and accept or reject in its sole discretion.
All documents requiring signatures for approval prior to implementing action, as stipulated in other portions of these Contract Documents, shall require a manually signed, serialized letter delivered to the other party at its address for notice otherwise specified in the Contract Documents, either personally or by mail. Electronic data transfer of such correspondence will serve to expedite preliminary concurrence of information, only.
Receipt of “hard copy” signature on forms is required prior to implementing action or work as the conditions may require. For example, change orders and authorizations for extra cost, require signatures. A party may acknowledge receipt of correspondence by e-mail, but in the absence of such acknowledgment, mail or personal delivery is required.
All emails shall be copied to Owner’s and Design-Build Entity’s Project Representative.
Owner reserves the right to preclude e-mail communication, in whole or in part, as Project needs may require.
Communication between Owner and Design-Build Entity shall not be via Twitter, Facebook, or other types of instant text message systems. Any such communications shall be inadmissible for any purpose related to this Contract.
11.10 Design-Build Entity To Require, Review, Approve And Submit Submittals And Shop Drawings In Addition To Completed Design Drawings
Design-Build Entity’s design team must obtain from Design-Build Entity’s construction team, and then independently review and approve (and so indicate thereon), all technical submittals, to verify the quality of the Work and its conformance to design intent. Design- Build Entity’s technical submittals consist of Shop Drawings, Manufacturer’s Data, Samples and Miscellaneous Submittals.
1. Shop Drawings include, but are not limited to, custom prepared data such as fabrication, erection and installation drawings, schedule information, setting diagrams, actual shop work manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports, concrete design mixes, Design-Build Entity engineering calculations and specially prepared operating and maintenance instructions, as applicable to the Work.
2.Manufacturer’s Data includes, but is not limited to, standard prepared data for manufactured products such as a manufacturer’s production specification and installation instructions, printed statements of compliance and applicability, catalogue cuts, product photographs, product operation and maintenance
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 47
GENERAL CONDITIONS –
DESIGN-BUILD
instruction and spare-parts listings, printed product warranties, as applicable to the Work.
3. Samples include, but are not limited to, physical samples of the Work such as sections of manufactured or fabricated Work, cuts or containers of materials, complete units for repetitively used products, paint samples, textile swatches, specimens for coordination of visual effect, graphic symbols and units of Work to be used for independent inspection and testing, as applicable to the Work.
4. Miscellaneous Submittals include, but are not limited to, job-prepared warranties and guaranties, maintenance agreements, project photographs, Design-Build Entity’s survey data, excavating/foundation field reports, tradesmen testing/qualifying/certifying reports, list and delivery schedule for Owner-furnished and Design-Build Entity installed equipment, printed industry standards, record drawings, as-built records, collected and bound operating and maintenance manuals, keys and other security, protection and/or safety devices, maintenance tools and spare parts, as applicable to the Work.
Design-Build Entity shall coordinate all technical submittals from Subcontractors or otherwise, and review them for completeness and compliance with applicable Contract Documents. Design-Build Entity’s design team must independently review and approve (and so indicate thereon), all technical submittals, prior to their coordination and review by Design-Build Entity.
Design-Build Entity shall submit submittals to Owner for review in strict accordance with Section 01 3300 (Submittals). Design-Build Entity’s submittal of Shop Drawings shall be in addition to Design-Build Entity’s Design Documents developed pursuant to the Contract Documents. Submission of a submittal shall constitute Design-Build Entity’s representation that all requirements of Section 01 3300 (Submittals) have been complied with. All submittals will be identified as Owner may require and in the number of copies specified in Section 01 3300 (Submittals).
Design-Build Entity shall not perform Work that requires submission of a Shop Drawing or Sample or other submittal prior to submission and favorable review of the Shop Drawing or Sample or submittal. Where a Shop Drawing or Sample or other submittal is required by Contract Documents or the final Schedule of Shop Drawing and Sample Submittals accepted by Owner, any related Work performed prior to Owner’s approval of the pertinent submittal shall be at the sole expense, responsibility and risk of Design-Build Entity.
11.11 Cost Data
Design-Build Entity shall maintain full and correct information as to the number of workers employed in connection with each subdivision of Work, the classification and rate of pay of each worker in form of certified payrolls, the cost to Design-Build Entity of each class of materials, tools and appliances used by Design-Build Entity in Work, and the amount of each class of materials used in each subdivision of Work. Design-Build Entity shall provide Owner with monthly summaries of this information. If Design-Build Entity maintains or is capable of generating summaries or reports comparing actual Project costs with Proposal estimates or budgets, Design-Build Entity shall provide Owner with a copy of such report upon Owner’s request and whenever it is generated.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 48
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall maintain daily job reports recording all significant activity on the job, including the number of workers on Site, Work activities, problems encountered and delays. Design-Build Entity shall provide Owner with copies for each Day Design-Build Entity works on the Project, to be delivered to Owner either the same Day or the following morning before starting work at the Site. Design-Build Entity shall take monthly progress photographs of all areas of the Work. Design-Build Entity shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors.
Owner shall have the right to audit and copy Design-Build Entity’s books and records of any type, nature or description relating to the Project (including but not limited to financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Design-Build Entity’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, Owner shall have the right to inspect and obtain copies of all Contract Documents, planning and design documents, Proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Design-Build Entity. Owner and any other applicable governmental entity shall have the right to inspect all information and documents maintained under this paragraph 11.11. at any time during the Project and for a period of five years following Final Completion. This right of inspection shall not relieve Design-Build Entity of its duties and obligations under the Contract Documents. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract Documents.
11.12 Record Documents
Design-Build Entity shall maintain in a safe place at the Site, construction records to include, but not limited to, the following documents to be maintained on a current basis:
1. One record copy of all Drawings, Specifications, Addenda, Contract Modifications, Change Orders, Work Directives, Force Account orders, and written interpretations and clarifications, organized and in good order and marked to show all as-built changes made during construction.
2. Shop drawings; product data/material data sheets; samples; submittal; purchases; materials; equipment; inspections; applicable handbooks; Title 15; Title 24; the California Uniform Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Construction Contracts. Design-Build Entity shall maintain records in duplicate, of principal building layout lines, elevations for the bottom of footings, floor levels, and key site elevations (certified by a qualified surveyor or professional engineer, if necessary).
3. Warranties, Product Information, Installation, Data, other test reports, Daily log and photos, Storm Water Pollution Prevention Plans and reports, and maintenance.
4. Safety Program.
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 49
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall make all such records available to Owner. At the completion of the Project, Design-Build Entity shall deliver all such records to the Owner to have a complete set of record as-built drawings.
Design-Build Entity's failure to comply with recordkeeping requirements under this subparagraph entitles Owner to withhold five percent of any Application for Payment until compliance.
ARTICLE 12 –CLAIMS BY DESIGN-BUILD ENTITY
General
The claim notice and documentation procedure described in this Article 12 applies to all claims and disputes arising under the Contract Documents, including without limitation any claim or dispute by any Subcontractor or material supplier. All Subcontractor and supplier claims of any type shall be brought only through Design-Build Entity as provided in this Article 12. Under no circumstances shall any Subcontractor or supplier make any direct claim against Owner.
“Claim” means a written demand or written assertion by Design-Build Entity seeking, as a matter of right, the payment of money, the adjustment or interpretation of Contract Documents terms, or other relief arising under or relating to Contract Documents. In order to qualify as a “claim,” the written demand must state that it is a claim submitted under this Article 12. A voucher, invoice, proposed change, Application for Payment, cost proposal, RFI, change order request, or other routine or authorized form of request for payment is not a claim under the Contract Documents. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
The provisions of this Article 12 constitute a non-judicial claim settlement procedure, and also step one of a two-step claim presentment procedure by agreement under Section 930.2 of the California Government Code. Specifically, step one is compliance with this contract claims procedure and filing/administering timely contract claims in accordance with the Contract Documents first. Step two is filing a timely Government Code Section 910 claim in accordance with the California Government Code.
The provisions of this Article 12 shall survive termination, breach or completion of the Contract Documents. Design-Build Entity shall bear all costs incurred in the preparation and submission of a claim. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 to file a Government Code Section 910 claim shall be reduced to 150 days. Any Government Code Section 910 claims shall be presented in accordance with the Government Code and shall affirmatively indicate Design-Build Entity’s prior compliance with the claims procedure herein and previous dispositions of claims submitted hereunder.
Mandatory Procedures For Disputed Work
Disputed Work and Contract Procedures. Should it appear to Design-Build Entity that the Work to be performed or any of the matters relative to the Contract Documents are not
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 50
GENERAL CONDITIONS –
DESIGN-BUILD
satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Design-Build Entity may be required to perform, time extensions, payment to the Design-Build Entity during performance of this Contract, performance of the Contract, and/or compliance with Contract procedures, Owner decisions or directions, Owner actions or inactions, or should Design-Build Entity otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (hereafter, “Disputed Work”), then Design-Build Entity shall so advise Owner in writing and complete any applicable procedures set forth in the Contract for addressing and/or resolving such matters (including but not limited to other Articles of this Document 00 7253 and Section 01 2600 [Modification Procedures and Pricing of Changed Work]).
Timely Notice and Review of Disputed Work Required. Before commencing any Disputed Work (e.g., disputed RFI responses, Supplemental Instructions, Information Bulletins, decisions, etc.), or within ten (10) Days after Design-Build Entity’s first knowledge of the Disputed Work, whichever is earlier, Design-Build Entity shall file a written notice and preliminary good faith cost proposal for the Disputed Work with Owner stating clearly and in detail its objection and reasons for contending the Disputed Work is outside or in breach of the requirements of Contract Documents. It is the responsibility of the Design-Build Entity to substantiate that the Disputed Work is in fact a change from the base scope of Work.
1. The written notice must identify the subcontractors, vendors, suppliers affected, if any, sufficient for Owner to visit the Site to inspect the work and/or conduct a telephonic interview of the persons involved, and/or to photograph the work in question; and Design-Build Entity shall supply digital photographs by email and provide Owner with contact information for all involved subcontractors, suppliers of any tier, to facilitate prompt “in person” review at the next job site meeting.
2. The preliminary cost proposal must provide a good faith preliminary estimate of the labor (workers, crews), equipment and/or materials involved, and a corresponding good faith preliminary estimate of cost.
3. The written notice and preliminary cost proposal for Disputed Work must be placed, by Design-Build Entity, as a specific discussion item on the Agenda for the next weekly meeting, where both Owner and Design-Build Entity shall then make a good- faith effort to review the Disputed Work, involving all Subcontractors, vendors, and other involved parties.
4. If discussions at the weekly meeting do not resolve the Disputed Work, then Design- Build Entity shall update its written notice and preliminary cost proposal based upon the discussions at the weekly meeting, and shall calendar the matter for discussion at the project executive level to occur within 10 days of the weekly meeting unless mutually agreed otherwise. The attendees at the project executive level meeting shall include all appropriate parties to the dispute and, in addition, senior level representatives of the Owner’s and Design-Build Entity’s Project team who have, or who have been designated with, primary responsibility for administration of the Contract.
5. If the initially required written notice and preliminary cost proposal for Disputed Work is not issued within the time period required herein, or if Design-Build Entity proceeds with the Disputed Work without first having given the notice of the Disputed
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 51
GENERAL CONDITIONS –
DESIGN-BUILD
Work, Design-Build Entity shall be deemed to have waived its rights to further claim on the specific issue.
Timely Notice of Potential Claims Required. Owner will review Design-Build Entity’s timely notice and preliminary cost proposal for Disputed Work at the Project executive level, and provide a decision. If, after receiving the decision, Design-Build Entity disagrees with it or still considers the Work required of it to be outside of the requirements of Contract Documents, then Design-Build Entity shall so notify Owner, in writing, within ten (10) Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. (If for any reason Owner should fail to act or provide a decision on a notice and preliminary cost proposal within thirty (30) days, then Design-Build Entity shall submit a notice of potential claim within ten days following the thirtieth (30th) day, i.e., or by the 40th day following the notice and preliminary cost proposal.) In all cases, Design- Build Entity shall continue to prosecute the Disputed Work to completion.
Claim Negotiations Required. Upon receipt of Design-Build Entity’s notice of potential claim, Design-Build Entity and Owner shall negotiate the claim, again, once at the Project level, and a second time at the executive level, if necessary, to try and reach agreement.
If Design-Build Entity and Owner fail or are unable to schedule or complete such negotiations, then the notice of potential claims shall be deemed denied.
Quarterly Claims Required. At the end of each calendar year quarter (March 31, June 30, September 30 and December 31) of each year, for each and every notice of potential claim that Design-Build Entity may have submitted in that quarter, Design-Build Entity shall submit a formal claim in the form specified herein. Design-Build Entity may file a single consolidated claim each quarter, or may file separate claims each quarter, as Design- Build Entity sees fit, provided Design-Build Entity complies with the requirements below. (Design-Build Entity may defer until the next reporting period the filing of a formal claim for any notices of potential claim timely issued within the last 21 days of the prior quarter.) The formal claim(s) shall include all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting Design-Build Entity’s position, for each notice of potential claim that Design-Build Entity intends to pursue as a formal claim (further described below).
Claim Updates Required. If Disputed Work persists longer than a single calendar quarter, then Design-Build Entity shall, every quarter until the Disputed Work ceases, submit to Owner a document titled “Claim Update” that shall update and quantify all elements of the claim as completely as possible. Design-Build Entity’s failure to submit a Claim Update or to quantify costs every quarter shall result in waiver of the claim for that period. Claims or Claim Updates stating that damages, total damages (direct and indirect), schedule impact and/or any time extension will be determined at a later date shall not comply with this subparagraph and shall result in Design-Build Entity waiving its claim(s). Design-Build Entity shall also maintain a continuing “claims log” that shall list all outstanding claims and their value, and provide such log to Owner quarterly.
Action On Claims
Final Decision. Upon receipt of Design-Build Entity’s formal claim(s) including all arguments, justifications, cost or estimates, schedule analysis, and documentation supporting its position as required herein, and if the claims negotiations are unsuccessful,
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 52
GENERAL CONDITIONS –
DESIGN-BUILD
Owner or its designee will review the issue and render a final determination. If Owner should fail to provide a decision, then such claims shall be deemed denied after 45 days following their receipt.
Mediation. All Design-Build Entity formal claims shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding and utilize the services of a mediator mutually acceptable to the parties and, if the parties cannot agree, a mediator selected by the American Arbitration Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved Design-Build Entity claims shall be submitted to the same mediator. The cost of mediation shall be equally shared by all parties to the mediation.
Claim Format
Design-Build Entity shall submit the formal claim(s) with a cover letter and certification of the accuracy of the formal claim.
The formal claim(s) shall list separately each notice of potential claim that Design-Build Entity intends to pursue as a formal claim(s), and for each such item separately, Design- Build Entity shall provide the following:
1. Summary of the claim, including underlying facts, entitlement, schedule analysis, quantum calculations, contract provisions supporting relief;
2. List of documents relating to claim including Specifications, Drawings, clarifications/requests for information, schedules, notices of delay, and any others;
3. Chronology of events and correspondence;
4. Analysis of claim merit;
5. Analysis of claim cost; and
6. Attach supporting cost and schedule documents as required in this Article and elsewhere in the Contract Documents (e.g., Section 01 3230 [Progress Schedules and Reports]).
For each notice of potential claim that Design-Build Entity intends to pursue as a formal claim, Design-Build Entity shall establish in the formal claim a direct causal link between the separate item of cost/time requested, the separate notices of potential claim timely issued, and the specific changed Work asserted. Total cost claims shall not be allowed.
Claims shall be calculated in the same manner as Change Orders per Section 01 2600 (Modification Procedures and Pricing of Changed Work).
Subcontractor Claims
Design-Build Entity shall require each Subcontractor, sub-Subcontractor and supplier to comply with this claims procedure, to provide Design-Build Entity with timely notice and documentation of all claims; and Design-Build Entity shall present as its claims, all Subcontractor, sub-Subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. Owner shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 53
GENERAL CONDITIONS –
DESIGN-BUILD
employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project.
Waiver and Substantial Compliance
If Design-Build Entity fails to comply with this Article 12 as to any claim or Disputed Work, then Design-Build Entity shall waive its rights to such claim. All claim(s), Disputed Work items or issue(s) not raised in a timely notice, timely notice of potential claim and then timely claim submitted under this Article 12, may not be asserted in any subsequent arbitration, litigation or legal action, and any award (or portion thereof) issued contrary to this preclusion shall be vacated to the extent contrary.
Design-Build Entity may request an extension of time to comply with the claims procedure herein, but must do so in advance of time periods expiring and Owner must give its approval in writing (which approval may be withheld in Owner discretion.) As to any other feature of the claim procedure herein (and its claims waiver feature), it may not be waived or altered absent a written Change Order signed by both parties and accepted as to form by their legal counsel.
Owner in its sole discretion, may consider Design-Build Entity’s substantial compliance with the required initial notice and cost proposal, provided Design-Build Entity demonstrates good faith and a manifest lack of prejudice to Owner from late written notice, for example, contemporaneous Owner/Design-Build Entity discussions and review of Disputed Work with full opportunity to investigate and verify costs and work performed.
Under no circumstances may substantial compliance by considered when the required written notice is more than 21 calendar days late.
Owner shall not be deemed to waive or alter any provision under this Article 12, if at Owner’s sole discretion, a claim is administered in a manner not in accord with this Article
12. Intent
The claim notice and documentation procedure described in this Article 12 is intended to require notice and sufficient documentation of claims, potential claims, disputes and disagreements, to permit discussions and negotiations of the matters in question, between and among all parties involved, prior to and contemporaneously with the matters in question, in sufficient time for the parties to make informed decisions, mitigate and document costs and potential costs.
Under no circumstances may this procedure be interpreted, modified or viewed to permit, claims, potential claims or change order requests for Disputed Work that has been performed, covered up or otherwise become unavailable for reasonable contemporaneous verification and negotiation with involved parties (e.g., Design-Build Entity, Subcontractor, suppliers, Owner, Bridging Architect, etc.).
ARTICLE 13 –LEGAL AND MISCELLANEOUS
Laws And Regulations
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 54
GENERAL CONDITIONS –
DESIGN-BUILD
Design-Build Entity shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders of any properly constituted authority affecting the Contract Documents, Work and persons connected with Work, and shall to the greatest extent permitted by law, protect and indemnify Owner and its officers, employees, consultants and agents against any claim or liability, including attorney’s fees, arising from or based on violation of law, ordinance, regulation or order, whether by Design-Build Entity or by Subcontractors, employees or agents. Authorized persons may at any time enter upon any part of Work to ascertain compliance of all applicable laws, ordinances, regulations and orders.
Whenever Bridging Documents require larger sizes or higher standards than are required by any applicable law, ordinance, regulation or order, Bridging Documents shall govern.
Whenever Bridging Documents require something that will violate such laws, ordinances, regulations or orders, then such laws, ordinances, regulations or orders shall govern.
Design-Build Entity shall comply with applicable portions of Title 15 and Title 24, California Code of Regulations (California Building Code most recent edition), Public Contract Code.
Whenever Contract Documents require larger sizes or higher standards than are required by any applicable law, ordinance, regulation or order, Contract Documents shall govern.
Whenever Contract Documents require something that will violate such laws, ordinances, regulations or orders, then such laws, ordinances, regulations or orders shall govern.
Design-Build Entity shall maintain in the Project Office a current copy of 24 of the California Code of Regulations at all times during construction.
Permits And Taxes
Design-Build Entity shall procure all permits and licenses applicable to the Work (including environmental matters to the extent applicable), pay all charges and fees, including fees for street opening permits, comply with, implement and acknowledge effectiveness of all permits, initiate and cooperate in securing all required notifications or approvals therefore, and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein. Owner will pay applicable building permits, school, sanitation and water fees, except as otherwise provided in the Contract Documents. If, under federal excise tax law, any transaction hereunder constitutes a sale on which a federal excise tax is imposed, and the sale is exempt from such excise tax because it is a sale to a state or local government for its exclusive use, the Owner, upon request, will execute a certificate of exemption which will certify (1) that the Owner is a political subdivision of the state for the purpose of such exemption, and (2) that the sale is for the exclusive use of the Owner.
No excise tax for such materials shall be included in any bid price. Design-Build Entity shall pay all sales and/or use taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against equipment or other property used in connection with Work, without any increase in the Contract Sum. Design-Build Entity shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads, and other works in advance of operations, even where Owner may have already obtained permits for the Work.
Concealed Or Unknown Conditions
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 55
GENERAL CONDITIONS –
DESIGN-BUILD
If either of the following conditions is encountered at Site when digging trenches or other excavations that extend deeper than four feet below the surface, Design-Build Entity shall give a written Notice of Differing Site Conditions to Owner promptly before conditions are disturbed, except in an emergency as required by this Document 00 7253, and in no event later than seven Days after first observance of:
1. Subsurface or Latent physical conditions which differ materially from those indicated in the Contract Documents; or
2. Unknown physical conditions of an unusual nature or which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
In response to Design-Build Entity’s Notice of Differing Site Conditions under this paragraph, Owner will investigate the identified conditions, and if they differ materially and cause increase or decrease in Design-Build Entity’s cost of, or time required for, performance of any part of the Work, Owner will issue either a Proposal Form or a Construction Change Directive under the procedures described in the Contract Documents, including without limitation Section 01 2600 (Modification Procedures and Pricing of Changed Work). If Owner determines that physical conditions at the Site are not Latent or are not materially different from those indicated in Contract Documents or that no change in terms of the Contract Documents is justified, Owner will so notify Design- Build Entity in writing, stating reasons. Design-Build Entity shall in all cases continue to prosecute the Work.
Design-Build Entity shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed Latent or materially different Site conditions (whether above or below grade) if:
1. Design-Build Entity knew of the existence of such conditions at the time Design- Build Entity submitted its Proposal; or
2. Design-Build Entity should have known of the existence of such conditions as a result of having complied with the requirements of Contract Documents; or
3. The information or conditions claimed by Design-Build Entity to be Latent or materially different consist of information, conclusions, opinions or deductions of the kind that this Document 00 7253 precludes reliance upon; or
4. Design-Build Entity was required to give written Notice of Differing Site Conditions and failed to do so within the time required.
If Owner and Design-Build Entity are unable to agree on entitlement to or as to the amount or length of any adjustment in the Contract Sum or Contract Time required under this paragraph, Design-Build Entity may make a claim as provided in Article 12 of this Document 00 7253.
Notice Of Hazardous Waste Or Materials Conditions
Design-Build Entity shall give a written Notice of Hazardous Materials Condition to Owner promptly, before any of the following conditions are disturbed (except in an emergency as
New Public Safety Facility
City of Pismo Beach
Issued with Bridging Document Set
December 1, 2022
00 7253 - 56
GENERAL CONDITIONS –
DESIGN-BUILD
required by this Document 00 7253), and in no event later than 24 hours after first observance of any:
1. Material that Design-Build Entity believes may be hazardous waste or hazardous material, as defined in Section 25117 of the Health and Safety Code (including, without limitation, asbestos, lead, PCBs, petroleum and related hydrocarbons, and radioactive material) that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law (“hazardous material”); or
2. Other material that may present an imminent substantial danger to persons or property exposed thereto in connection with Work at the Site (“other materials”).
Except as otherwise provided in the Contract Documents or as provided by applicable law, Design-Build Entity shall not be required to give any notice for the disturbance or observation of any such hazardous materials or other materials where such matter is disturbed or observed as part of the scope of Work under the Contract Documents (such as hazardous waste or hazardous material investigation, remediation or disposal activities which are identified as the subject of Work under the Contract Documents), where Design- Build Entity complies with all requirements in the Contract Documents and applicable law respecting such materials.
Design-Build Entity’s Notice of Hazardous Materials Condition shall indicate whether the hazardous materials or other materials were shown or indicated in the Contract Documents to be within the scope of Work, and whether the hazardous materials or other materials were brought to the Site by Design-Build Entity, its Subcontractors, suppliers, or anyone else for whom Design-Build Entity is responsible.
Design-Build Entity shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed hazardous waste or materials if:
1. Design-Build Entity knew of the existence of such hazardous materials or other materials at the time Design-Build Entity submitted its Proposal; or
2. Design-Build Entity should have known of the existence of such hazardous material or other materials as a result of its having the responsibility to obtain additional or supplementary examinations, investigation, explorations, tests, studies, and data concerning the conditions at or contiguous to the Site prior to submitting its Proposal;
3. Design-Build Entity failed to give the written notice within the time required by this Document 00 7253; or
4. Design-Build Entity failed to give advance written notice, at least sixty (60) days prior to date when removal was required, of hazardous materials known to exist and required to be removed prior to execution of the Work.