ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by:
Matt Atteberry, Principal Engineer
Erin Adams, Management Analyst Meeting Date: March 8, 2022 Approved by:
Greg Mayer, City Engineer
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES – AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2022- , awarding a contract to Biglione Construction Management, Inc. for as-needed construction management services for fire stations and general building renovations.
CORRELATION TO CITY COUNCIL GOALS: 1) Fiscal Responsibility, and 2) Public Safety.
PRIOR ACTION: On June 23, 2020, adopted City Council Resolution No. 2020-107, approving the Six- Year Capital Improvement Program, the Fiscal Years 2020/21 and 2021/22 Capital Project Budget, and Authorizing Appropriations for Fiscal Years 2020/21 and 2021/22 Capital Projects (Vote: 5-0).
STATEMENT ON THE SUBJECT: In June 2021, the State adopted their Fiscal Year (FY) 2021/22 Budget which included Vista specific projects. The projects consist of constructing a new fire station to replace Fire Station No. 3, designing and constructing a functional well and water distribution system at Brengle Terrace Park, and installing solar panels at the Civic Center. Due to the nature of the these projects, they will require construction management services.
On December 8, 2021, staff issued a Request For Proposals (RFP) for as-needed construction management services. The RFP was advertised on the City’s website and the City’s procurement portal, ProcureNow.
The following four firms responded to the RFP:
Firm Office Location
Biglione Construction Management, Inc. Oceanside, CA
Cumming Corporation San Diego, CA
OCMI, Inc. Irvine, CA
SchneiderCM Carlsbad, CA
Staff reviewed the proposals based upon predetermined criteria identified in the RFP, including overall experience, projects of a similar nature and knowledge, and understanding of state and local regulations.
Staff then reviewed the schedule of rates and determined both to be fair and equitable with respect to expertise and geographic region.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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Approved above recommendation, adopted City Council Resolution No. 2022-27.
Vote: 5-0
MEETING DATE: March 8, 2022 PAGE 2
SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES – AWARD OF CONTRACT Staff recommends awarding the as-needed contract to Biglione Construction Management, Inc. (Biglione) with a contract ceiling of $425,000. Biglione has over 60 years’ experience in construction management services including overseeing the construction of Vista Fire Station Nos. 1, 5, and 6 and the Civic Center.
The past projects have been delivered on schedule and within budget.
FISCAL IMPACT: The as-needed contract has a ceiling of $425,000 over a three-year term with an option to extend up to an additional two years. Purchase orders will be requested on an as-needed basis for anticipated need from the Capital Projects Budget.
EXHIBITS:
1.City Council Resolution No. 2022- , awarding a contract to Biglione Construction Management, Inc. for as-needed construction management services for fire stations and general building renovations
2. Contract with Biglione Construction Management, Inc. for as-needed construction management services for fire stations and general building renovations 03/08/2022 C6 2 of 47
00105710 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONTRACT TO BIGLIONE
CONSTRUCTION MANAGEMENT, INC. FOR AS-NEEDED CONSTRUCTION
MANAGEMENT SERVICES FOR FIRE STATIONS AND
GENERAL BUILDING RENOVATIONS
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.Pursuant to Section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on December 8, 2021.
B.Four proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria identified in the RFP.
C.Staff recommends the selection of Biglione Construction Management, Inc. as the consultant to provide as-needed construction management services for fire stations and general building renovations.
2.Action.
A.The contract between the City of Vista and Biglione Construction Management, Inc. for as-needed construction management services for fire stations and general building renovations with a ceiling amount of $425,000 is approved, and the Mayor is authorized to execute the contract.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 8, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220215155524
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
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CONTRACT FOR PROFESSIONAL SERVICES
FOR AS-NEEDED CONSTRUCTION MANAGEMENT FOR FIRE STATIONS
AND GENERAL BUILDING RENOVATIONS
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contact: Matt Atteberry
The “Contractor”
BIGLIONE CONSTRUCTION
MANAGEMENT, INC., a California
corporation
5894 Ranch View Road
Oceanside, CA 92057
Contact: Robin Biglione
2.0 BASIC TERMS
2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).
2.2 The “Required License” for the Services is: N/A.
2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.
2.4 The “Project” for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated December 27, 2021 (“Exhibit B”).
2.6 The “Contract Ceiling Price” is: $425,000.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.
3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the 03/08/2022 C6 4 of 47EXHIBIT 2
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Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper performance to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded. 03/08/2022 C6 5 of 47
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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records reports and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
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Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
City: The City of Vista.
Board: The City Council of the City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.
12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
12.2 Omitted.
12.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, 03/08/2022 C6 7 of 47
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leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a 03/08/2022 C6 8 of 47
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discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.
16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
17.0 FINANCIAL` RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and 03/08/2022 C6 9 of 47
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disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political 03/08/2022 C6 10 of 47
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Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk. Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0. 03/08/2022 C6 11 of 47
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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
[Continued on page 10.]
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
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30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20220203162109
“Contractor”
BIGLIONE CONSTRUCTION
MANAGEMENT, INC., a California
corporation
By:
Name/Title
By:
Name/Title
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00105164 3 Exhibit A
EXHIBIT A
REQUEST FOR PROPOSALS
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REQUEST FOR PROPOSALS (RFP)
FOR
AS-NEEDED PROFESSIONAL SERVICES - CONSTRUCTION MANAGEMENT
FIRE STATIONS AND GENERAL BUILDING RENOVATIONS
Engineering Department
Submittal Deadline: THURSDAY, DECEMBER 30th, 2021, at 4:00 PM.
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CM RFP
City Facilities
REQUEST FOR PROPOSALS FOR AS-NEEDED PROFESSIONAL SERVICES -
CONSTRUCTION MANAGEMENT
FIRE STATIONS AND GENERAL BUILDING RENOVATIONS
1. INTRODUCTION
The City of Vista (City) is soliciting proposals in response to this Request for Proposals (RFP) from qualified professionals to provide as-needed construction management services for various public facilities utilizing a Design-Build delivery method. The City intends to award a contract for as-needed construction management services for (1) Fire Stations and (2) General Building Renovations. All Proposals received by the due date will be evaluated in accordance with applicable provisions of the Vista Municipal Code (VMC) and the City will select one or more firms according to the evaluation criteria described in this RFP and any subsequent negotiations.
Funding will be identified on a project basis as determined by available grants and the approved Capital Improvement Program.
Proposals shall be submitted in accordance with the requirements of this RFP. A separately sealed Fee Schedule shall be included with the Proposal, which the City shall only open after first considering and ranking the qualifications presented by each firm.
2. RESPONSE DUE DATE AND SUBMITTAL PROCESS
Proposals for this solicitation must be submitted electronically through the City’s Electronic Bidding System (ProcureNow). Hardcopy proposals will not be accepted. Proposers must create a free account with OpenGov Procurement at: https://secure.procurenow.com/signup .
Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City’s ProcureNow portal at: https://secure.procurenow.com/portal/cityofvista .
Proposers must also download this solicitation to appear on the Bidder’s List as a “Prospective Bidder.” Proposers that fail to download this solicitation will not appear on the Bidders’ List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online through OpenGov Procurement by THURSDAY, DECEMBER 30th, 2021, at 4 P.M. (on the dot).
OpenGov Procurement’s clock will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner by the proposal due date and time, as described above, will not be considered.
3. SCOPE OF SERVICES
3.1. The Consultant shall provide trained and qualified staff to perform Construction Management services for Design-Build construction projects for various City facilities, on an as-needed basis, including for:
3.1.1. Fire Stations
3.1.2. General Building Renovations/Upgrades
3.2. Construction Manager – Sample Duties
3.2.1. Planning - Support City of Vista during Design Build Project Team selection/procurement process including:
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3.2.1.1 Preparing Requests for Statements of Qualifications to be used for soliciting qualified Design Build Project Teams.
3.2.2.1 Evaluating Project Team Qualifications and Proposals received and assisting in selection of respondents to be provided the opportunity to submit final Proposals.
3.2.3.1 Preparing Requests for Proposals, reviewing and assisting in the selection of the most qualified team.
3.2.4.1 Reviewing bids/proposals, recommending award of the contract, assisting with contract negotiations, and assistance in preparing contract documents and exhibits.
3.2.5.1 Coordinate with City of Vista, the Project Team, and various Consultants before and during design and construction as necessary including kickoff meeting, status update meetings, deficiency meetings, and document control and distribution.
3.2.2. Pre-Construction and Construction Management
3.2.1.2 Provide Construction Management oversight services during construction including but not limited to submittal review, scheduling, budgeting, including review payment requests, change orders, meeting coordination, maintenance of project documents, and oversight of Contractor.
3.2.2.2 Attend meetings between the City and the Project Team during all phases of the project, including programming, schematic design, design development, cost estimating, subcontractor and other bidding & formulation of guaranteed maximum price, construction documents, construction, and post construction. CM to review deliverables at all stages and make recommendations to the City regarding the acceptability, applicability, feasibility, and constructability. CM shall consider the site constraints, building systems, building materials, code compliance, alternate methods, economics, materials and labor availability and schedules.
3.2.3.2 Oversee the Project Team’s design services to ensure compatibility with governing agency requirements, to coordinate code compliance and ensure compliance with the project
schedule.
3.2.4.2 Assist in Issuance of Notices of Award, coordinate Project Team Design and Construction contract execution, and issuance of Notice to Proceed.
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3.2.5.2 Review and evaluate Project Team’s work plans, schedules, budgets, and cash flow projections. Lead the evaluation of value engineering proposals submitted by the Project Team.
3.2.6.2 Create and maintain the document control filing system for the Project during the Construction Phase.
3.2.7.2 Submittal review.
3.2.8.2 Participate in preconstruction and regular meetings with Project Team and City staff regarding construction issues, progress reporting, interpretation of plans and specifications, and contractor performance.
3.2.9.2 Oversee construction activities and provide management and oversight services to ensure that contractors' work is performed in accordance with construction plans, specifications, and consistent with the intent of the design. Interface with the Design Build Team to facilitate resolution of technical issues, processing of design changes to suit conditions encountered in the field.
3.2.10.2 Review pay requests submitted by the contractor and provide approvals.
3.2.11.2 Negotiate all claims, changes, extra work, and change orders.
Prepare change order justification and recommend action on all change order requests. Prepare necessary change orders for all construction contracts.
3.2.12.2 CM shall work with the design-builder to implement procedures for the systematic and timely completion, start-up and testing, acceptance and transfer of all facilities constructed, as well as the closeout of the contract.
3.2.13.2 Prepare detailed project punch lists toward closeout of the project.
3.2.14.2 Assist in negotiating and closing out the Project. Verify that all project payments have been made to the contractors and that all required releases have been obtained.
3.2.15.2 Prepare final change orders as required. Ensure that the design- builder finalizes the project record drawings and verify that they are complete and accurate including stamp and original signature of any Architect and Professional Engineer licensed in California.
Ensure that the design-builder organizes, binds, and submit all project documents to the City.
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3.2.16.2 Review and provide written responses to contractor Requests for Information (RFIs).
3.3. Deliverables
3.3.1. The CM Consultant shall make project documentation available to City of Vista at any time during the project. At the conclusion of the project, the CM Consultant shall provide City with all project documentation including, but not limited to:
3.3.1.1 Correspondence
3.3.2.1 Pay requests
3.3.3.1 Design change notifications
3.3.4.1 Change orders
3.4. Performance
3.4.1. Provide services in accordance with specific projects on an As-Needed basis.
3.4.2. Commencement of work under this Agreement shall occur only upon receipt of a Task Order signed by the City.
3.4.3. The cost of each Task Order under this Agreement shall be the negotiated cost for a specific project during the term of the Agreement using firm fixed price, or not to exceed price, or hourly rates.
3.4.4. Deliverables required are project specific and will be determined in the Task Order.
4. PROJECT PROGRESS
The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City.
The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City Council.
5. PROPOSAL SCHEDULE
The solicitation receipt and evaluation of proposals and the selection of the Consultant(s) will conform to the following schedule (Note: Dates are subject to change):
December 8, 2021 - City releases RFP on ProcureNow.
December 16, 2021 - Deadline for questions.
December 30, 2021 - Proposals due.
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January 20, 2022 (approximate) – If applicable, short list of firms selected.
January 31, 2022 (approximate) – If applicable, interview short list selected firm(s).
February 7, 2022 (approximate) - Negotiations begin with top-ranked firm(s).
March 8, 2022 (approximate) - Council Award.
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, ProcureNow.
All questions must be submitted by the Question Submission Deadline listed in ProcureNow.
The City reserves the right to extend the date by which proposals are due.
To receive addenda and submit a proposal, Consultants shall register on the City’s Electronic Bidding System at https://secure.procurenow.com/portal/cityofvista . Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If a Consultant is unable to register or download the RFP from ProcureNow, a Consultant representative may contact ProcureNow to troubleshoot the problem.
All proposal documents and supplementary documents must be uploaded using ProcureNow prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from ProcureNow.
Requirements
The proposal shall be limited to fifteen (15) 8.5” x 11” pages, excluding cover letter, resumes, and appendix material. A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the consultant. The cover letter shall include a statement that the consultant can meet the City’s insurance requirements and is prepared to execute the Professional Services Agreement as written. A rate schedule (as described in the following section), shall be provided in a separate electronic file uploaded to ProcureNow.
Faxed and email copies will not be accepted.
Proposals shall include a discussion of the Consultant's overall approach to the on-call contract, a summary of key personnel and qualifications, an organization chart, a rate schedule, and documentation of the firm’s and any sub-consultant’s qualifications. The proposal should be concise, well organized, and demonstrate the responders' qualifications and experience applicable to the contract. Responders will be evaluated based on the information submitted in accordance with the criteria for selection provided herein.
Proposals submitted in response to this RFP shall include:
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5.1. Cover Letter (Maximum 2 pages) - A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. In cases where a team member voluntarily leaves a firm, the Consultant shall provide the City a proposal for substitute team member subject to the approval for the City.
5.1.1. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the Consultant.
5.1.2. The cover letter shall include a statement that the Consultant can meet the City’s insurance requirements and is prepared to execute the Standard Consulting Agreement as written, and will not make any changes to the project team without authorization of the City.
5.2. Company Information
5.2.1. Identification of Responder;
5.2.2. Legal name and address of the company (partnership, corporation, joint venture, etc.);
5.2.3. Identification of the parent company (if applicable);
5.2.4. Addresses of offices located in San Diego County;
5.2.5. Number of employees in San Diego County;
5.2.6. Name, title, address and telephone number of person to contact concerning the proposal;
5.2.7. California Department of Industrial Relations (DIR) Number;
5.2.8. Secretary of State Entity Number;
5.2.9. Contractor’s License applicable to the proposed Scope of Services.
5.3. Proposed Task Order Approach – Discuss one generalized approach to time-budget management, documentation, requirement from the City, consideration for consultant’s workload at the time of the task order issuance, and quality assurance and quality control (QA/QC) program.
5.4. Project Team and Organization Chart
5.4.1. Describe project organization, including identification and responsibilities of key personnel.
5.4.2. Indicate roles of prime and all sub-consultants.
5.4.3. Provide a discussion of the experience of the Project Manager and other key staff members that would be involved with performing on-call services for the City. Describe their experience with the Design Build delivery method and the management of Design Build projects.
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individual shall not exceed two pages in length. Resumes may be included as an appendix to the main document.
5.4.5. Describe proposed line-of-communication between the City, prime team members, and sub-consultants.
5.4.6. California Department of Industrial Relations (DIR) Number and Secretary of State Entity Number for all subconsultants.
5.5. Consultant’s contact information.
5.6. List of officers authorized to sign on firm’s behalf.
5.7. References – The Consultant shall provide a minimum of three (3) references for similar projects for the prime firm. At least one reference shall be from the projects listed in Section 5.8. At a minimum, each reference shall include the client’s name and location, number of projects completed for the client, client contact name and phone number.
5.8. Experience
5.8.1. Provide a brief description of Consultant’s experience in completing similar efforts within the last 5 years.
5.8.2. Provide a detailed discussion of specialized experience in completing the scope of required services listed above.
5.8.3. Projects currently being performed may be submitted for consideration.
5.8.4. Project information should include a brief project description, agency or client name, their telephone number(s), the year of completion, and the contract fee.
5.8.5. Identify team members proposed for this RFP and their roles on the representative similar projects.
5.8.6. Exceptions to RFP – Consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.
5.9. Rate Schedule (separate electronic file uploaded to ProcureNow, excluded from the page count limit):
5.9.1. Rate Schedule- A separate sealed rate schedule for Time and Materials for all personnel and sub-consultants. Service costs are to be provided on a per hourly basis and the proposed rates shall clearly correlate with names and classification of staff likely to be involved with the projects.
5.9.2. Billing -The City requires that all billing for work done by the end of a billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed. Final billing will be approved for payment only after a completed status report has been approved by the City.
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5.9.3. Overtime Pay – List procedures used for applying overtime rate for non- exempt employees. Indicate the normal hours of work and overtime rate for non-exempt employees.
6. EVALUATION CRITERIA
The City’s consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for the professional services included in this RFP. An evaluation committee appointed by the City Engineer will review the proposals. The criteria for evaluating the proposals will take the following items into consideration:
6.1. 60% - Overall experience and technical competence of the firm(s) (including principal firms, joint venture-partners, and sub-consultants) and specific experience and technical competence on projects of a similar nature, considering the types of service required; the complexity of the project; references; and record of performance.
6.2. 20% - The strength and experience with projects of a similar nature of key personnel who will be dedicated to the Project.
6.3. 20% - Knowledge and understanding of the State and local regulations.
All evaluation criteria are subject to change via an addendum to this RFP.
Rate Schedule (separate electronic file uploaded to ProcureNow – the rate schedule of the top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The City may interview a short list of top ranked consultants or proceed directly to negotiating the final fee schedule with the top ranked consultant. The ultimate consultant selection will be based upon both technical merit and value to the City.
7. ESTABLISHMENT OF FEES
The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A Work Plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Consultant’s defined scope of work for the project proposal. This information will be used by City’s staff to evaluate the reasonableness of the fee proposal, and will be used in negotiating the final fee amounts for the Supplemental Contract Agreements for each task requested by the City on an as-needed basis.
There will be no compensation to Consultant for hours expended due to Consultant’s errors and omissions.
The Consultant’s Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark-up rate for any non-labor expenses and sub-consultants. The fee schedule shall clearly identify the hourly rates for classifications of staff receiving prevailing wage rates.
During the term of the Agreement there will be no increases to the fee schedule.
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8. METHOD OF PAYMENT
The Consultant shall submit monthly invoices to the City. Each invoice shall include a detailed breakdown of the services, the tasks, the hours, the personnel and staff type who worked on the project, and hourly rates.
9. PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for review, as Attachment “A”. The RFP and the Consultant’s Proposal will be attached and become part of the Agreement as exhibits.
Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.
The signer of the Proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the Proposal is made without collusion with any other person, persons, company, or parties submitting a Proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the Proposal has full authority to bind the principal proposer.
Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker’s compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista, its officers and employees as insured or additional insured.
The contents of the Proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accrued by the City as a result of a failure to contract may be recovered from the Consultant.
For each individual project a Supplemental Agreement will be established that has a project specific scope of work and negotiated costs.
10. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the Notice-to-Proceed through project completion. If the Consultant’s Project Manager should be unable to continue with the project, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or sub- consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the Consulting firm.
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11. RIGHT TO REJECT PROPOSALS
The City reserves the right to delay the project or reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.
All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.
12. DISCLOSURE
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for “trade secrets”. If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.
13. LATE, MODIFIED, OR WITHDRAWN PROPOSALS
All proposal documents and supplementary documents must be uploaded using ProcureNow as described in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. Proposals received via mail, e-mail, and fax will not accepted.
Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.
Proposals may be withdrawn by written notice received at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter. Proposals may be withdrawn in person by the consultant or an authorized representative, provided the authorized representative's identity is made known and the representative signs a receipt for the Proposals prior the posting of Notice of Intent to Award of contract award.
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00105164 3 Exhibit B
EXHIBIT B
CONTRACTOR’S PROPOSAL
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(760) 809-6187
[email protected]
5894 Ranch View Road
Oceanside, CA 92057
Biglione CM
Rate Schedule
Hourly Rates:
Principals $150
Expenses passed through to client with no mark-up
Mileage Charge
$.56 per mile
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00105164 3 Exhibit C, Page 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 03/08/2022 C6 43 of 47
00105164 3 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 03/08/2022 C6 44 of 47
00105164 3 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00105164 3 Exhibit D
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00105164 3 Exhibit E
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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