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Department: Engineering
Prepared by: Erin Adams, Management Analyst
Greg Mayer, City Engineer
Approved by: Patrick Johnson, City Manager
® CITY COUNCIL
❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Item No: C6
Meeting Date: October 11, 2022
Agenda Location: Consent Calendar
SUBJECT: CIP NO. 8331 FIRE STATION NO. 3 REPLACEMENT PROJECT — DESIGN/BUILD
AGREEMENT AWARD
RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving an agreement with Erickson - Hall Construction Co. for design/build services for the Fire Station No. 3 Replacement Project (CIP No. 8331).
CORRELATION TO CITY COUNCIL GOALS: Public Safety.
PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, adopting a Capital Project Budget for Fiscal Years 2022/23 and 2023/24 (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).
STATEMENT ON THE SUBJECT: Vista Fire Station No. 3, located at 1070 Old Taylor Street (Vicinity Map included as Exhibit 3), is over 60 years old and is in need of modernization. Capital Improvement Program (CIP) Project No. 8331, the Fire Station No. 3 Replacement Project, will demolish the existing structures and construct an approximately 9,700 square foot fire station and all appurtenances. The replacement will provide a new facility built to current essential services standards to allow for firefighters to rapidly respond to the growing needs of the community. In addition, the project includes remodeling an existing Vista Unified School District (VUSD) building, located at 1250 Arcadia Avenue, to temporary serve as the fire station during the fire station reconstruction. A separate License Agreement for temporary use of the VUSD facility is being processed.
On July 15, 2022, staff issued a Request for Proposals (RFP) for qualified design/build services for the project. The RFP was advertised on the City's website and electronic bidding system, ProcureNow. The following three firms responded to the RFP:
Firm
Barnhart -Reese Construction
Erickson -Hall Construction Co.
Wu & Associates
Office Location
San Diego, CA
Escondido, CA
San Diego, CA
Staff evaluated the proposals based upon predetermined criteria outlined in the RFP, including overall experience, experience of key personnel, rates and fees, proposed methods and plan to accomplish the work, and overall proposal.
ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-149.
Vote: 4-0 (Green absent)
Clerk/Sedretary
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MEETING DATE: October 11, 2022 PAGE 2
SUBJECT: CIP NO. 8331 FIRE STATION NO. 3 REPLACEMENT PROJECT — DESIGN/BUILD
AGREEMENT AWARD
Based on evaluation, staff recommends contracting with Erickson -Hall Construction Co (Erickson -Hall) for the design and construction of CIP No. 8331. The cost of the design phase of this contract is $808,850.
Following the design phase, Erickson -Hall will provide a Guaranteed Maximum Price for the construction phase of the project, and staff will bring it to the City Council for consideration as an amendment to this agreement.
FISCAL IMPACT: The cost of the contract with Erickson -Hall for the design phase is $808,850.44.
Sufficient funding is available in the Fiscal Years 2022/2023 and 2023/24 Capital Improvement Budget for CIP No. 8331 Fire Station No. 3 Replacement Project.
EXHIBITS:
1. City Council Resolution No. 2022- , approving an agreement with Erickson -Hall Construction Co. for design/build services for the Fire Stations No. 3 Replacement Project (CIP No. 8331)
2. Agreement with Erickson -Hall Construction Co.
3. Project Vicinity Map
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR DESIGN/BUILD SERVICES FOR THE FIRE STATION NO. 3 REPLACEMENT PROJECT (CIP NO. 8331)
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 3.08.075 of the Vista Municipal Code, a request for proposals (RFP) was issued on July 15, 2022 for design/build services for the Fire Station No. 3 Replacement Project (CIP No. 8331).
B. Three proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria in the RFP.
C. Staff recommends the selection of Erickson -Hall Construction Co. as the consultant to provide design/build services for the Fire Station No. 3 Replacement Project (CIP No. 8331).
2. Action.
A. The agreement between the City of Vista and Erickson -Hall Construction Co. for design/build services for the Fire Station No. 3 Replacement Project in the amount of $808,850.44 is approved, and the Mayor is authorized to execute the agreement.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 11, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK
By: By:
APPROVED
Walter C. Chung
20220929140117
000292137 EXHIBIT 1
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DESIGN / BUILD SERVICES FOR THE
FIRE STATION NO. 3 PROJECT
CIP NO. 8331
THIS AGREEMENT is made and entered into as of
between the CITY OF VISTA ("City"), a chartered
Construction Co. ("Design Builder or DB"). City and
as "Party" and collectively as "Parties".
(Contract Date) by and
municipal corporation, and Erickson -Hall
DB are sometimes individually referred to
RECITALS
1. On July 15, 2022, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the Fire Station No. 3 Project — CIP No. 8331; and
2. Three firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City could negotiate an agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed by DB
1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Fire Station No. 3 Project (Exhibit 1 attached hereto and incorporated herein), Fire Station No. 3 Project — CIP No. 8331 shall include, but not be limited to all components outlined and described in Exhibit 1.
1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.
1.3 The DB shall:
1.3.1 Perform design and pre -construction services (Phase 1) on a time and materials basis for an amount not -to -exceed $808,850, as specified in DB's Project Cost Estimate.
At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price (GMP) which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase II Project in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB's proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase 11 of the Project. Under the amendment, the DB fee shall be 6% of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self -performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.
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EXHIBIT 2
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1.3.2 Provide the proposed GMP to City by June 30, 2023, and complete the Phase I design services by May 31, 2023, including City approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.
Section 2: General Obligations of City
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is/are authorized to act on behalf of City with respect to the Project, except as to those decisions that require authorization by the Vista City Manager or Vista City Council.
2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB's services per the schedule in Exhibit 1.
2.1.3 At the request of DB, City will use its best efforts to provide DB with any available information about the Project Site (Exhibit 4) geotechnical soil conditions; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to DB the accuracy or completeness of any such information.
2.1.4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.
2.1.5 Make payments to DB in the amounts and in accordance with the terms set forth below.
2.1.6 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1.
2.1.7 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2.
2.2 City Review Process. City shall review the 90% and 100% Construction Drawings (CD's) including project specifications which shall allow construction of Project in conformity with the Program Document for the Project.
2.2.1 For each DB submission, City shall have ten (10) working days to review, approve, conditionally approve or deny said set of documents.
Section 3: General Obligations of DB
3.1 DB shall be obligated as follows:
3.1.1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.
3.1.2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.
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3.1.3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule (Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.
3.1.4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule (Exhibit 1).
3.1.5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.
3.1.6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals ("Design Consultants") as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.
3.1.7 Provide cost estimating, constructability review, and value engineering services that take into consideration long-range maintenance costs, energy efficiency, and the impact of the operation of the Project. Provide cost estimates to the City throughout the design process, with complete cost estimates to be provided at the completion of schematic design, at the completion of design development, and at the time the GMP is proposed (90% CD's or at an alternative time mutually agreed to by the City and DB.
3.1.8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.
3.1.9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.
3.1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
3.1.10.1 Not interfere with pedestrian and vehicular access.
3.1.10.2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is 00108790 1
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responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.
3.1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre - construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.
3.1.12 Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.
3.1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Greenbook") and the City of Vista.
3.1.14 Comply with all licensing requirements of the State of California and the City of Vista.
3.1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time.
DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.
3.1.16 Perform Quality Control ("QC"). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.
3.1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.
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3.1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions.
3.1.18.1 Unanticipated subsurface site conditions.
3.1.18.1.1 City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has
uncovered or revealed a condition which:
3.1.18.1.1.1 Differs materially form that indicated
in the geotechnical and geological reports.
3.1.18.1.1.2 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/Build Contract.
3.1.18.1.1.3 Upon receipt of a written notice, City
shall promptly investigate and if it determines
the conditions do materially differ, requiring a
change in the Work, City shall commence the
processing of a Change Order pursuant to
Section 14 of the Design/Build Contract. If
City determines there is no bona fide Work
scope change or is a minor change, which
does not impact GMP or Contract Time, City
shall notify DB within ten (10) calendar days.
3.1.18.1.1.4 DB shall not be entitled to an
adjustment in the GMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered as a result of DB's
obligations regarding geotechnical and
geological investigations and reports as
described in the RFP.
3.1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in this Agreement.
3.1.19.1 Contractor's License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor's State License Board as a Class A General Engineering Contractor. DB is to provide a list 00108790 1
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of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California and City of Vista.
3.1.19.2 Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
3.1.19.3 City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section 3.1.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
3.1.19.4 Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld.
3.1.20 DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.
3.1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.
3.1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, City of San Marcos and County of San Diego's respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the 00108790 1
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complete cleanup of all material that is discharged from the project in violation of the discharge rules.
Section 4: Work Restriction and Biddina Reauirement
4.1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB's own name, with the bidder who in DB's discretion best meets the monetary, time, and performance requirement of the Project. DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.
4.2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests.
Section 5: DB's Phase I Services and Obligations — Design Services
5.1 DB's services in Phase I shall include those specified in Section 5.1.1 of the RFP.
Section 6: DB's Phase II Services and Obligations — Construction Services
6.1 Contingent on City's approval during Phase 1 90% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, DB's services in Phase 11 shall include those specified in Section 5.1.2 of the RFP.
Section 7: DB's Phase III Services and Obligations: Operation/Startup Phase
7.1 DB's services in Phase III shall include those specified in Section 5.1.3 ofthe RFP.
Section 8: INTENTIONALLY LEFT BLANK
Section 9: Additional Services
9.1 City will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of 6% of the total additional labor, equipment, and material costs. This fee includes DB's profit. Bond and insurance costs will be paid in addition to the DB fee in accordance with the percentages in the Preliminary Cost Worksheet.
9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City shall negotiate the additional costs.
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9.4 If at any time DB contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that DB intends to seek additional compensation beyond the GMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City.
Section 10: Bonds
10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all DB's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the amount of 100% of the GMP amount.
10.2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City.
Section 11: Insurance
11.1 The insurance provisions shall meet the requirements of Exhibit 2 which shall not be construed to limit DB's indemnity obligations contained in this Agreement.
Section 12: Inspection
12.1 DB shall be responsible for all specialty inspection and material testing and inspections.
The City shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB's safety procedures and programs so that they may comply.
12.3 DB will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB' s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out 00108790 1
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and carried as a line item in the construction cost. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, DB shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re -inspection and re -testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction Documents. DB shall give City timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours' notice for inspections.
12.4 City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.
Section 13: DB GMP for Services and Reimbursements
13.1 DB shall submit to City 90% CD's for plan check. Upon the approval of the 90% CD's, DB shall, within twenty (20) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD's; provided that:
13.1.1 Said GMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.
13.1.2 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse DB for the exact amount of subcontract, self -performed work or invoice amount.
No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.
13.1.3 The GMP shall include a DB Contingency Fund which can be used by the DB with City approval. If the Parties mutually agree that there is a sufficient surplus, the DB Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to DB's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of DB or its Contractors/subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City approval.
13.1.4 DB shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP.
13.2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $808,850, as specified in DB's Project Cost Estimate. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase 11 Services under this Agreement, DB shall be compensated by the GMP sum to be determined at 90% construction documents. Said amounts for the Phase I and Phase II Services shall not be 00108790 1
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exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the GMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:
13.2.1 All Design Consultants.
13.2.2 Estimating, management of design consultants and value engineering.
13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located.
13.2.4 All on -site and off -site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities.
13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work.
13.2.5 All home -office and field overhead costs of any type including document control and retention.
13.2.6 All business license costs.
13.2.7 All profit DB intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by DB, except for those specifically identified in Section 9.
13.3 DB shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs:"
13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement.
13.4 DB agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing.
Section 14: Chanae in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs DB to perform Additional Services or City Changes as provided in Section 9.
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14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives rise to a Change Order, including any action, inaction, decision or direction by City or agent for the City, DB shall give the City notice of the same within five (5) calendar days. DB shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property as directed by the City Representative in writing.
14.2.2 If DB submits a request to change the GMP, DB shall: (1) inform City of any request to change the GMP or Contract Time at the next Project Team Meeting; (2) provide City with a list of recommended revisions which DB believes will bring Project within the GMP; and (3) assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded.
14.2.3 DB's notice to the City shall include a detailed and complete estimate of the cost and time impacts associated with the requested Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. DB shall provide complete and accurate pricing within ten (10) calendar days of the occurrence of the event that gives rise to a Change Order.
14.2.4 Upon submission of the detailed estimates by the DB, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the DB to proceed with the subject services and/or work, during which time the DB shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time.
14.2.5 In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, DB shall continue diligently prosecuting all such services and work.
14.2.6 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services.
14.3 All Change Orders, including zero dollar Change Orders which require the use of DB Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approvals, however City shall not unreasonably withhold approval for use of contingency funds for changes normally encountered due to unforeseen omissions in the work packages and minor clarifications of the drawings.
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Section 15: Pavment Terms
15.1 DB shall provide all Phase I Services for the Phase I Fee. DB shall submit certificate and application for payment to the City on a monthly basis for Phase I Services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 15.3.
15.2 DB shall provide all Phase 11 Services for the Phase 11 Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase 11 Services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay DB ninety five percent (95%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 5% as security for DB's full performance.
15.3 DB shall develop and maintain an accurate system for tracking all Reimbursable Costs.
Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City, DB shall provide all backup documentation supporting such Reimbursable Costs.
15.4 DB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during the previous month.
15.5 DB shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by DB. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety five percent (95%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 5% as security for DB's full performance.
15.6 Subject to Sections 15.8, City shall pay DB the five percent (5%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to DB. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of DB, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction 00108790 1
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Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work.
16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As -Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DB.
16.3 DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.
16.4 DB shall provide one set of City final record drawing documents at the end of construction and one copy in electronic format ("As -Built Drawings"). As -Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities.
16.5 DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the number of calendar days stated in Section 1 for DB to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones listed in the schedule.
17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14
17.4 Further, an extension in Contract Time will not be granted unless DB can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of DB, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite DB's reasonable and diligent actions to guard against those effects.
17.5 DB carries the burden of proving an entitlement to an increase in the Contract Time.
Delays attributable to and within the control of Design Support Consultants, or subcontractor or supplier shall be deemed to be delays within the control of DB. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that DB is due an increase in the GMP.
Section 18: Late Completion
18.1 City and DB recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and 00108790 1
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difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and DB agree that DB shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are "not unreasonable under the circumstances" as defined in California Civil Code §1671(b): $4000 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16.
Section 19: Right to Modify Work
19.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, DB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for Proposal to DB.
DB will be required to respond within the time indicated by City.
Section 20: INTENTIONALLY LEFT BLANK.
Section 21: Work By Others
21.1 City may perform other work related to the Project at the Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give DB reasonable notice of its intent to do such other work. DB's work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work and to allow City Contractor to proceed expeditiously.
21.2 If the proper execution or results of any part of DB's work depends upon the work by the City or City Contractor, DB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. DB's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City's work as fit and timely for integration with DB's Work except for latent defects and deficiencies in the City's work for which DB will not be responsible.
21.3 If DB or any person or entity working for DB causes damage to the City's or City Contractor's work, property, or person, or if any claim arising out of DB's performance of the Project by any other contractor is made against DB, by City, any other contractor, or any other person, DB shall promptly repair and/or resolve said claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided DB shall not be entitled to an extension in Contract Time or increase in GIVIP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.
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22.2 The warranty period shall commence when the Certificate of Final Completion is issued or at beneficial use by City prior to Final Completion, whichever occurs earlier, and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents.
22.3 DB is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filters.
22.4 DB is to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds.
22.5 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, DB shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or DB may have the defective work corrected or the defective work removed and replaced. In that event, DB shall not be allowed to recover any associated costs, and DB shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on DB's bond if DB has been paid in full.
22.6 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the DB shall:
22.6.1 Obtain all warranties that would be given in normal commercial practice and as required by the City;
22.6.2 Require all warranties to be executed, in writing, for the benefit of City;
22.6.3 Enforce all warranties for the benefit of City, if directed by City;
22.6.4 In the event DB's warranty under Section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty;
22.6.5 DB shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment to cover the limited warranty period to City at the expiration of the one year warranty.
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DB of any of its obligations under this Agreement. 00108790 1
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23.2 While City has such possession or use, DB shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to DB, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non -Assignability
24.1 This is a personal services Agreement and, therefore, DB shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement.
Section 25: Indemnification
25.1 To the fullest extent permitted by the law, DB shall indemnify, defend, protect and hold harmless City, their elected and appointed officers, agents, employees, consultants, (collectively herein the "Indemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from DB's performance of this Agreement, DB's breach of this Agreement, or the alleged negligent acts or omissions of DB, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the DB under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, DB shall have no further obligation for such loss.
25.2 DB's obligation to indemnify under Section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. DB's obligation to defend under Section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 DB shall ensure that any asbestos or hazardous or toxic substances encountered on the site is properly removed and disposed of in accordance with all state or federal statutes or regulations. DB's obligation regarding the removal or disposal of asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. The DB agrees to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the removal or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on the jobsite whether liability arises under breach of 00108790 1
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contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action.
Section 26: Right to Terminate and Suspend Work
26.1 Archaeological and Paleontological Discoveries: If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance.
26.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement.
26.2 Termination of Agreement by City for Cause: If, through any cause, DB shall fail to fulfill in a timely and proper manner DB's obligations under this Agreement, or if DB shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to DB of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports, electronic files, and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and DB shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by DB's breach.
26.2.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select.
26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, DB shall pay the excess amount to City.
26.2.3 Rights of City Preserved: Where DB's services have been so terminated by City, the termination will not affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention or payment of moneys due DB by City will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DB's performance bond surety.
26.3 Any dispute as to the amount due or owed to DB upon termination under this section shall be resolved in accordance with Section 26.
26.4 Termination for Convenience by City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to DB of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, DB shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. DB 00108790 1
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hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.
26.4.1 Records and Documents Relating to Termination: Unless otherwise provided in the Agreement or by statute, DB shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on DB's costs and expenses under this Agreement.
DB shall make these records and documents available to City, at DB's office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.
26.5 Upon receipt of the Notice of Termination, DB shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City has or may acquire an interest.
26.6 Payment to DB Due to Termination - DB and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made.
26.7 Failure to Agree on Payment - If DB and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay DB the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above:
26.7.1 The price for completed services accepted;
26.7.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed;
26.7.3 DB and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB;
26.7.4 Under no circumstances will DB be entitled to any consideration for lost profit or lost opportunity costs;
26.8 If DB does not agree that the amount determined by the City Manager is fair and reasonable and if DB gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 26.
26.9 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City.
26.10 Deductions -In arriving at the amount due DB under this section, there shall be deducted:
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26.10.1 Any claim which City has against DB under this Agreement; and
26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City.
26.11 Termination of Agreement by DB:
26.11.1 DB may terminate the Agreement upon ten (10) days written notice to City, whenever:
26.11.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or
26.11.1.2 City should fail to pay DB any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by DB of a request therefore, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based.
26.11.2 In the event of such termination, DB shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section.
Section 27: Independent Contractor
27.1 DB and any Design Consultant, Contractor, Subcontractor, agent or employee of DB, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for DB's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for DB. DB acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to DB and that City is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits.
Section 28: Independent Judgment
28.1 Unless otherwise directed in writing by City, DB shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29: Maintenance of Records and Accounting
29.1 DB shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed 00108790 1
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under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records.
Section 30: Ownership of Documents
30.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work under this Agreement shall be the property of City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB under this Agreement shall, upon request, be made available to City. City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files.
Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Agreement, or otherwise.
This covenant shall survive the termination of the Agreement.
30.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions.
Section 31: Force Majeure
31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 31.2. If an Event of Force Majeure set forth in Section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.
31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which DB is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, DB, in developing the GMP and Project 00108790 1
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Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; DB shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days.
31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure.
31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the DB as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund.
Section 32: Hazardous Materials
32.1 In the event the DB or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the DB's services, the DB may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations.
Section 33: Disputes
33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement.
33.2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City pursuant to Section 9. City shall make a determination on DB's request in writing within 7 days of receipt of request and all supporting data. Said request for approval of work beyond the scope of this Agreement shall be made in good faith and accurately reflect the adjustment in project fee or schedule for which DB believes City is liable, and covers all costs and delays to which DB believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in schedule shall include an analysis of the impact of the claimed work on specific activities on the schedule.
33.3 If DB disagrees with City's determination, DB shall file a claim in writing in accordance with the procedures set forth in Chapter 1.28 of the Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of the same.
33.4 Pending final resolution of any claim, including litigation, DB shall proceed diligently with performance of the Project, and comply with any direction of City.
Section 34: Notices
34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party:
00108790 1
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Design / Build Services Agreement
Project (CIP No. 8331)
To CITY:
Engineering Department
Attn: Greg Mayer
200 Civic Center Drive
Vista, CA 92084
1111114101
Erickson -Hall Construction Co.
Attn: David Erickson
500 Corporate Drive
Escondido, CA 92029
Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day.
Section 35: Miscellaneous Terms
35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party.
35.2 Severability: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law.
35.3 Entire Agreement: This Agreement 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 Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.
35.4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion.
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Project (CIP No. 8331)
35.7 Effect of Headings: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto.
35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby.
35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts.
35.12 Exhibits: All Exhibits are incorporated herein by reference into this Agreement.
35.13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City and any third party.
35.14 Counterparts; Electronic Signatures; Electronic Delivery: This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
Section 36: Prevailing Wages; Labor Law Compliance
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. Design -Builder agrees to execute City's Agreement to Comply with California Labor Law Requirements (Exhibit 5) and to comply with the Labor Code to the extent that work under this Agreement is subject to those requirements. [Continued on page 24.]
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Design / Build Services Agreement
Project (CIP No. 8331)
Section 37: Execution
IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.
"City"
CITY OF VISTA, a chartered municipal
corporation
BY:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
BY:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
APPROVED
Amanda L. Guy
20220912150800
"Design Builder"
ERICKSON-HALL CONSTRUCTION CO., a
California corporation
Dave Erickson, Chief Executive Officer
Name/Ti le
BY:
.... J
Michael Hall, Chief Operating Officer
Name/Title
001087901
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Design / Build Services Agreement
Project (CIP No. 8331)
EXHIBIT LIST
1. Design/Build Services Proposal, Schedule of Rates, and Project Schedule
2. Insurance and Bonding Requirements
3. Request for Proposal (RFP)
4. Project Site
5. Agreement to Comply With California Labor Law Requirements 00108790 1
10/11 /2022 C6 28 of 213
City of Vista Project No. 8331
REQUEST FOR PROPOSAL (RFP) FOR
DESIGN O CONSTRUCTION OF
FIRE STATION NO. 3
IMP
d
Erickson -Hall Construction
An Employee Owned Company
pelf
AUGUST 25, 2022 1 2:00 PM
Cover Letter
August 25, 2022
CITY OF VISTA
Re: Design and Construction of Fire Station No. 3 for the City of Vista Selection Personnel,
Erickson -Hall Construction Co, in association with PBK Architects, is pleased to submit out Design -Build Team qualifications for the Design and Construction of the City of Vistas Fire Station No. 3.
We understand that the City's primary objective in utilizing the Progressive Design -Build approach is to bring the best available design and construction expertise togetherto collaborate in a team environmentwith the City of Vista and Vista Fire Department forthe successful delivery of Fire Station No. 3. In addition to Erickson-Hall's corporate resume of 45 California Essential Service projects, our design partner's resume includes the design of more than 100 Fire Stations. Erickson -Hall and PBK have worked together to successfully complete 14 Essential Service Facilities to date, eight of which were delivered via the design -build delivery process. Our most recent projects include the Rancho Santa Fe Fire Protection District Harmony Grove Fire Station No. 5, Anaheim Fire Station No. 5, and the notable California Highway Patrol Replacement Facility in San Diego. In addition, Erickson-Hall's team has worked on the last three Fire Stations built for the City of Vista. We will apply our past experience with Progressive -Design Build to deliverthe future Fire Station No. 3 to the Vista community.
Significantto oursuccess is ourfocus on providing responsive service to essential service clients throughout all phases of design and construction. Our local design -build team members continually demonstrate an ongoing commitment to use open-minded, creative thinking and innovative problem solving to foster a team environment, manage design activities, resolve issues and achieve project goals and objectives.
Thank you for considering the Erickson -Hall and PBK Design -Build Team. We are excited aboutthis opportunity and look forward to your positive response to our submission.
Our team is assembled and ready to go to work!
Sincerely,
Erickson -Hall Construction Co.
David Erickson
Chief Executive Officer
City A)W J 1 won No. 3 C6 build ,'�6 q4r2*&tation
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GENERAL INFORMATION
General Information
Erickson -Hall PBK Architects have worked together on 34 projects to date:
17 educational facilities, 3 churches, and 14 essential service facilities. Eight of the 34 projects were delivered using the design -build delivery method, including Progressive Design Build. Progressive Design Build (PDB) opens the door to an energized, collaborative effort between all project stakeholders, and we bring PDB experience. Our Design -Build Team (DBT) will focus on identifying and implementing the most cost-conscious approach as well as the best methods and materials to deliver a superior project, that meets or exceeds the City of Vistas goals. Our DBT works closely with designated representatives from the City and Fire Department during the design phase, ensuring our understanding of the City's goals are comprehensive and ultimately transferred to the final design solution. During construction, we will carefully monitor the level of quality and craftsmanship delivered by our subcontractor forces while ensuring the projectsite remains a good neighborto the surrounding community. Safety both on thejobsite and beyond the construction fence will remain a top priority.
A summary overview of ourapproach includes:
Building a Collaborative Team
As a progressive process, a thorough kick-off meeting will not only help us see the projectthrough the City's eyes, butwill also be the catalyst to developing our high performance team and custom project strategies. During this alignment session, key members of our DBTwill meetwith project stakeholders to getthe right picture of the City's objectives and goals for the project. We establish an agreed upon governance model to maintain accountability and clarity around roles, responsibilities and decision making protocols. This process will not only promote an efficient, collaborative environment early, it will also optimize value for the City within the parameters of the budget, schedule, and quality.
Design Phase
Setting -up the Project for Success
Erickson -Hall will manage design activities with PBK principal in charge, Kelley Needham. Progress meetings with designated City and Fire Department representatives will occur throughout the design process. Project goals and objectives will be discussed and verified while opportunities and constraints associated with the Project are addressed. Project priorities will be evaluated against the project budget and early procurement items can be identified upfront to mitigate schedule delays. If necessary, avalue engineering/ enhancement session will take place to maximize the project's budget. As the design progresses, milestone submittals of the construction documents will be reviewed by ourfull design - build team. Careful coordination of design disciplines along with constructability reviews will occurwith the submission and review of these interim submittals. Fire Department inputwill be solicited and team meetings will be conducted to communicate these items to all project stakeholders.
Procurement
ing the Right People & Products
Attracting and on -boarding qualified trade partners
requires an effective bidding phase that is aligned with the contract administration process. For trade partner
selection, the project will be publicly bid to maximize competitive pricing, achieve trade efficiency, eliminate scope gaps and attract the best partners. Trade partner award will be based upon best value selection. Our
bidding phase concludes with an open book not to exceed Guaranteed Maximum Price (GMP). Procurement starts
by sourcing appropriate materials at reasonable costs
and ensuring availability to meet the Project requirements and deadlines. Considering the volatile market, solving procurement challenges with creative solutions will play a key role in the project's success. Our experienced DBT is proficient in defining priority items, identifying long -lead items, and uncovering/mitigating challenges.
Construction Phase
Construction work will be performed and delivered in
accordance with the approved design documents and
contract. Our DBT will implement the following during
construction:
• Jobsite Safety, noise limits, minimizing disruptions
• Document Control/Submittal Review & Coordination
of Specialty Equipment
• Strict Material Guidelines
• Strict Material Testing & Special Inspections
Required for Essential Service Facilities
• Centralized Purchasing
• Cost, Quality, & Schedule Control
City A)W J 1 won No. 3 Ne 02 build ,'�8 q4r2*&tation
General Information
Erickson -Hall Construction Co. PBK Architects
General Contractor
500 Corporate Drive
Escondido, CA 92029
Office: 760.796.7700
Lic. No.: 751343
D I R: 1000000191
Sec. of State: C2038936
Type: Corporation
# of Employees: 82 (local)
Pocock Design Solutions*
Mechanical/Plumbing
14451 Chambers Rd., #210
Tustin, CA 92780
Office: 949A17.3903
Sec. of State: C3786668
Type: S Corp.
# of Employees: 25
* Plumbing Design Solutions, Inc.
dba Pocock Design Solutions
civTEC
Civil Engineer
999 Corporate Dr., Suite 100
Ladera Ranch, CA 92694
Office: 480.659A250
Type: Sole Proprietor
# of Employees: 5 (local office)
STC Traffic, Inc.
Traffic Engineer
5973 Avenida Encinas, Ste. 218
Carlsbad, CA 92008
Office: 760.602.4290
DIR:1000009329
Sec. of State: C2599032
Type: Corporation
# of Employees: 20
Project Architect
8163 Rochester Ave #100
Rancho Cucamonga, CA 91730
Office: 909.987.0909
Lic. No.:1023326
Sec. of State: 3889774
Type: Corporation
# of Employees:125
_ Cornerstone Studios
Landscape Architect
A&F Engineering Group, Inc.
i
Electrical Engineer
9320 Baseline Rd. Suite C
Rancho Cucamonga, CA 91701
Office: 909.941.3008
Sec. of State: C1778091
Type: Corporation
# of Employees: 8
R.M. BYRD/Miyamoto
Structural Engineer
1047 W 6th Street
Ontario, CA 91762
Office: 909.983.5599
Sec. of State: 0627639
Type: S. Corp.
# of Employees:10
Masek Consulting
Asbestos & Environmental
23478 Sandstone,
Mission Viejo, CA 92692
Office: 949.581.8503
Sec. of State:1875981
Type: Corporation
# of Employees: 5
Nicole Hurley, Marketing Director
Primary e. [email protected]
Contacts: o. 760.796.7700 // m.760.579.9796
106 W. 4th Street
Santa Ana, CA 92701
Office: 714.973.2200
DIR:1000030830
Sec. of State: C1778091
Type: S Corp.
# of Employees:15
DUEx (Dry Utility Experts)
Underground Consultant
17291 Irvine Blvd, Suite 264
Tustin, CA 92780
Office: 714.398.9162
Sec. of State: C3508032
Type: Corporation
# of Employees: 20
NOVA Services
Geotech. Engineer/Testing
4373 Viewridge Ave Suite B
San Diego, CA 92123
Office: 858.292.7575
Sec. of State: C3096533
Type: Corporation
# of Employees: 75+
Rawlings Electric
Electrical Subcontractor
3830 Oceanic Dr., Ste. 402
Oceanside, CA 92058
Office: 888.737.2869
License No.: 898203 C-10
D I R:1000011171
Type: Corporation
# of Employees:10
Nathan Complin, Project Executive/ DB Manager
e. [email protected]
o. 760.796.7700 // m. 760.801.4284
City IW1I on No.3 Ne 03 buildN giq$gutation
tArtmitnut a
TECHNICAL COMPETENCE
Erickson -Hall Construction
An Employee Owned Company
10/11 /2022 C6 35 of 213
Experience & Technical Competence
California Highway Patrol (CHP) Replacement Facility
5902 Kearny Villa Road, San Diego, CA 92123 // California Department of General Services Located in the Kearny Mesa Community, this 40,000 SF facility serves the California Highway Patrol operations. The single -story building houses administration, Special Duty Officers, Briefing, Report Writing, Intake locker rooms and training facilities.
There is also a 3,500 SF Auto Service Bay and radio communications tower. Interiors are low maintenance and include carpet tiles in office areas and exposed polished concrete in the shared spaces and corridors. A sustainable building, the project received LEED Gold Certification.
The Design -Build delivery of the CHP Replacement Facilitywas beneficial in resolving challenges in design and construction. For example, there were three different fire suppression systems on this project required by the program, and were designed by separate consultants independently as standalone systems. In a collaborative team environment, we arrived at a solution to redesign the activation of the pre -action riser mid project and utilized our trade partners to help with the design. This enabled our trade partners to take ownership of the solution, as they had the best understanding of their systems and knew what was required to integrate with the other systems.
Also, this allowed the designers to work with the trade partners directly to resolve any design modifications in real time.
PROJECT MANAGER/OWNER
Michael Siemering
Project Director
CA DGS - Real Estate Division
o. 916.376.1628
m. 916.996A226
e. [email protected]
PROJECTTYPE
Design -Build delivery of an Essential
Service Facility
TOTALVALUE
$26,715,469
CONTRACT DURATION
6/20/2017 - 9/20/2019
DELIVERYTEAM
Erickson -Hall, Contractor
- Nathan Complin, Proj. Executive
- Brandon Hamlett, Project Manager
PBK Architects, Architect
- Kelley Needham, Principal
Cityo )W1I f2g9ja2on No.3 Ne 04 build® girt*&tation
Experience & Technical Competence
Kbr harmony urove we Station iNo. 5
PROGRESSIVE
2604 Overlook Point Drive, Escondido, CA 92029 // Rancho Santa Fe Fire Protection District DESIGN -BUILD i
Rancho Sant Fe Fire Protection District Harmony Grove FS No.5 is a single -story, 8,313 SF fire station serving the Rancho Santa Fe and Harmony Grove areas. The facility includes three drive through apparatus bays, a training/community room, public accessible restrooms, a Captain's office, 4 crew dormitory rooms, 2 crew bathrooms, a Captain's dormitory room with adjacent bathroom, a dayroom, kitchen & dining room, a workout garage, janitor's closet/laundry, a telecommunications room, an electrical room, and an extractor/dryer room. There is also space allocated for additional functions, including a workshop, compressor, ice machine, medical supply storage, printer, decontamination, 20 turnout lockers, and hose storage.
Erickson-Hall's electrical subcontractor Rawlings Electric worked with the DBT early to review site conditions, space allocation and specifications forswitchgear, lightfixtures and an emergency generator. The subcontractor's input allowed a best value selection on the model of the generator, as well as a detailed design of the required diesel fuel connections from an above ground storage tank. Further, the subcontractor was able to provide a best value alternate equal light fixture package recommendation which was accepted by the owner resulting in a significant cost savings of over $100,000.
PROJECT MANAGER/OWNER
Bruce Sherwood,
Project Manager
Battalion Chief
RSF Fire Protection District
m. 760.533.7015
e. [email protected]
PROJECTTYPE
Progressive Design -Build delivery of
an Essential Service Facility
TOTALVALUE
$6,649,446
CONSTRUCTION DURATION
8/09/2019 - 10/08/2020
DELIVERYTEAM
Erickson -Hall, Contractor
- Nathan Complin, Proj. Executive
PBK Architects, Architect
- Kelley Needham, Principal
Rawlings Electric
-Adam Rawling
City A)W1 1 won No. 3 Ne 05 build ,'�-o gir2*&tation
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10/11 /2022 C6 38 of 213
Proposed Method to Accomplish the Work
The Erickson-Hall+PBK Design Build Team brings unparalleled experience with essential service facilities with a focus on de- signing and building Fire Stations. Erickson-Hall's experience building the last three fire stations forthe City of Vista gives our DBT an edge in understanding local regulations, permitting, and most importantly, collaborating with the City and Fire Depart- ment personnel.
PLAN TO VERIFY SITE CONDITIONS,
TOPOGRAPHY, AND FACILITY CONDITIONS
The site conditions at both the proposed temporary station and the new fire station will be carefully evaluated. To start, a Hazardous Material Assessment for the presence of asbestos and lead will be conducted at each site. If identified, our team will develop a plan for specific abatement. A review of the proposed temporary facility will be conducted and a set of as- builts developed. The review will focus on the interior layout of the facility, available utilities and any other issues which might impede the re -purposing of this structure as a temporary fire station. At the permanent site, both a Geotechnical Investigation and a Topographic Survey will be conducted along with an evaluation of the existing overhead utilities and the infrastructure for traffic signalization. Each of these items will be conducted early in the process and will be critical to the development of the overall project. An assessment of the existing fire station will be performed to determine if any existing components can be salvaged for reuse. Our verification of the existing conditions is a key component of our cost conscious approach to maximizing the City's budget.
CONSTRUCTABILITY REVIEW
Our DBT will perform a thorough review of the design progress plans and specifications. Our management team will conduct detailed field inspections of existing conditions and will solicit input from select trade contractors to mitigate potential conflicts between the plans and specifications. To enhance efficiency, we will utilize Bluebeam Studio as a collaboration platform between the Owner, Architect, Engineers and trade partners during our development of constructability reviews.
Bluebeam Studio offers a centralized cloud -based collaboration space, giving individuals the ability to simultaneously markup and review in real time, track changes, and can be integrated with our construction management software, Procore.
ESTIMATING
During the schematic design phase our DBT will produce a conceptual estimate to validate the City's program against the budget. Our conceptual estimate utilizes our historical cost database, as well as current market input from our trade partners, which enables our DBT to have confidence in our budget analysis. The conceptual estimate is our guide for making decisions that will impact the project and schedule.
As design documents advance, we will prepare cost estimate updates in conjunction with specific design milestones, typically during the Design Development phase, and the
Construction Document phase.
VALUE ENGINEERING
As our estimates take shape and we identify the cost drivers in detail, we will identify and quantify feasible value engineering items recommended for further review. Value engineering is our value -enhancing process that preserves the intent and function of the building and its systems by increasing function, decreasing cost, or doing both, for systems or portions of a project.
SCHEDULING
With boots on the ground experience, our team can build accurate schedules. Erickson -Hall uses industry leading CMP Scheduling Software to build our project schedules and keep deliverables on track. This leads to a more complete schedule, visualization of the building process, and money saved with strategic procurement and phasing. Considering the volatile market, solving procurement challenges with creative scheduling solutions will playa key role in the project's success. Our experienced DBT is proficient in defining priority items, identifying long -lead items, and uncovering/mitigating scheduling challenges.
Pull Planning - In order to fully utilize the effectiveness of our construction planning expertise, Erickson -Hall will implementthe use of Pull Planning, a collaborative project planning tool that uses detailed planning, look ahead,
weekly planning, daily huddles and stakeholder buy -in.
During construction holding Pull Planning Sessions with trade partners ensure all contractors are on target to
achieve milestone goals. Pull Planning is a commitment - based planning system where all team members
continuously concentrate on eliminating waste and
maximizing value by focusing on time. Every milestone
and construction operation activity, from groundbreaking through closeout,will be reviewed.Timecommitmentswill
be made by the trades. Commitments will be continually
updated and unforeseen impacts overcome, as the team
works toward the common goal of on time, on budget
completion forthe Project.
City A)W J 1 won No. 3 Ne 06 build ,'�8 q4r2*&tation
Proposed Method to Accomplish the Work
PHASING/ GMP DEVELOPMENT
We understand the City's expectation of a Guaranteed
Maximum Price proposal for this project. Our extensive
experience with projects of this nature have shown that the preferred point in time to produce the GMP is after the first round of plan -check comments are received from the City's Building Department. Timing the GMP in this mannerwill give us confidence in our design and fast -track the project to go to bid priorto permit finalization.
Because this project is phased due to the need to construct a temporary fire station prior to the permanent fire station, our team recommends the City consider multiple GMPs. The first being an early GMP for the temporary fire station, which will allow us to begin renovations in advance of the permanent station design being complete. The second GMP will be for the permanent station. Phasing the GMPs in this manner will match the phasing of construction and allow us an early start on the construction phase. When our GMPs are presented to the City they will be detailed, clear and complete including pricing and support documentation. Contingencies and/or allowances will be integrated into the GMP and communicated with the City. Key qualifications and/or assumptions will also be incorporated into the GMP.
Subcontractor/Procurement: Our subcontractor outreach
will encourage early participation from all major bidders, making this participation a value -add to their bid. Attracting and on -boarding of qualified trade partners requires an effective bidding phase. For trade partner selection, the project will be publicly bid to maximize competitive pricing, achieve trade efficiency, eliminate scope gaps and attract the best partners. Trade partner award will be based upon best value selection. Our process of sourcing appropriate materials at a reasonable cost and ensuring their availability to meet project requirements and deadlines is multi -faceted and starts early in preconstruction, when long lead items have been identified. Considering the volatile market, solving procurement challenges with creative solutions will play a key role in the project's success. Our experienced DBT is proficient in defining priority items, identifying long -lead items, and uncovering/mitigating challenges.
City A)W J 1 won No. 3 Ne 07 build,*8 giq$gutation
r.
Project Organization & Key Personnel
DESIGN -BUILD TEAM
Organizational Chart CITY OF VISTA
Kelley Needham
Principal in Charge
PBK
Shih-JingYen Bernhard Wassink
Project Manager Sustainability Coordinator
PBK PBK
Design Consultants
Stephen Masek
Jeff Kim
Asbestos/Environmental
Landscape Designer
Masek Consulting
Cornerstone Studios
' Tim Pocock
I
Chris Flores
Mechanical/Plumbing
Electrical Engineer
I Pocock Design Solutions
I
A & F Engineering Group I
I
Thomas Carcelli
Rick Byrd
Civil Engineer
Structural Engineer
civTEC
R.M. Byrd/Miyamoto
I
Matt Guhit
I
Tom Canady
Dry Utility Consultant
Principal Engineer
DUEx
NOVA Services
Christian Lambarth
Traffic Engineer
STC Traffic Inc.
0 R
N I A
Mat Gates
Nathan Complin
Alex Alon
President
Design -Build Manager
_ _ _ _ _ _ _ _
Project Executive
Erickson -Hall
Erickson -Hall
Erickson -Hall
Erickson -Hall
Support Services
Brandon Hamlett
Steve Flemming
Mike Riley
Project Manager
Superintendent
VP of Estimating
Erickson -Hall
Erickson -Hall
Marie Helkenn-Cole
Subcontractor
Safety Manager
Workforce Partners
Adam Rawlings
Additional in-house support include
Electrical Subcontractor
Accounting, Precon/Estimating, BIM,
Rawlings Electrical
Admin., and Marketing/PR
Your Local, Available, and Committed Team:
The delivery of Fire Station No. 3 will be facilitated by our proposed design build team.
Key participants include Nathan Complin, who delivered the last 3 fire stations for the City of Vista, providing leadership as the Design -Build Manager. Alex Alon as the Project Executive, who brings Progressive Design -Build Experience. Brandon Hamlett is the Project Manager, a key point of contact for the City and team leader. Steve Flemming is the project Superintendent and responsible for the jobsite, safety, and quality control.
The design team is led by Kelly Needham, Principal in Charge and Project ManagerShih- Jing Yen. PBK will be supported by our experienced design consultants. The identified team will remain with the projectthrough completion.
Design Build Team resumes are available in the Appendix. 10/11 /2022 C6 42 of 213
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The Erickson -Hall +PBK Team is not a Joint Venture,
therefore content for this Tab has been omitted.
10/11 /2022 C6 43 of 213
9FAG6
ii
Erickson -Hall Construction
An Employee Owned Company
10/11 /2022 C6 44 of 213
Minimum Contractor Qualifications
Erickson -Hall, the project's contractor, is licensed in California to perform the scope of work required in the RFP. Evidence of our financial capacity can be found in the Appendix pages. The Erickson -Hall + PBK DBT can and will meet the insurance and bonding requirements for projects over $10 M.
Erickson -Hall + PBK Design Build Team:
Erickson -Hall Construction Co., General Contractor
PBK Architects Architect
Cornerstone Studios, Inc Landscape Architect
Pocock Design Mechanical/Plumbing Engineer
A&F Engineering Group Electrical Engineer
DUEx Underground Consultant
civTECH Civil Engineer
R.M. Byrd/Miyamoto Structural Engineer
NOVA Services Geotechnical Engineer
STC Traffic, Inc. , Traffic Engineer
Masek Consulting // Asbestos and Environmental
Rawlings Electric // Electrical Subcontractor
License Details
Erickson -Hall Construction Co.
License No. 751343
This license has never been suspended or revoked
Classifications: A -General Engineering
B -General Building
Certifications HAZ - Hazardous Substances Removal
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Relevant Design Build Project Experience over the Last 5 Years A,
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CHP, Anaheim Fire Station No. 5, Sendero Ranch Flre Station No. 56, Malibu Fire Station No.71, & Stanton Fire Station No.46 All design -build and completed by Erickson -Hall with PBK.
PROJECT
CONTRACTORTEAM
ARCHITECT
& OWNER
ROLE PROJECT
California Highway Patrol
Nathan Complin, PX
Kelley Needham
Replacement Facility
Brandon Hamlett, PM
PBK Architects
State of California DGS
RSF Harmony Grove Fire
Station No.5
Nathan Complin, PX
Kelley Needham
Rancho Santa Fe Fire
PBK Architects
Protection District
Anaheim Fire Station No.5
Nathan Complin, PX
Kelley Needham
City of Anaheim
PBK Architects
East Valley Public Safety
Nathan Complin,
Training Center
Design Build Manager
Kelley Needham
San Bernardino Community
Alex Alon, PX
PBK Architects
College District
Brandon Hamlett, PM
In addition to the projects listed above, yet outside the 5 year limitation, Erickson-Hall's Design -Build Manager Nathan Complin has completed -fety buildings
alongside Kelley Needham with PBK, using design -build.
City A)W1 1 won No. 3 C6 build,*Ij q&2*autation
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. Dom: � * � • z • ` `�� ' - � ft � ' +iy
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Preliminary Costs
APPENDIX D
Preliminary Cost Worksheet
Pre -Construction Services
Subtotals
Totals
Design Team (Architect and Subconsultants)
Schematic Design
$123,163
Design Development
$175,947
Construction Documents
$299,110
Subtotal
$598,220
Note: Do not include design team construction administration services in the pre -construction budget
Geotechnical Services Needed for Pre -Construction
$20,500
$20,500
Design Builder (DB)
DB Cost for Pre -Construction Services
$95,130
Proposed DB Pre -Construction Contingency
$50,000
Proposed DB Fee for all Pre -Construction Services
$45,000
Subtotal
$190,130
Total Pre -Construction Services Budget
$808,850
Construction Services
General Conditions/General Requirements (provide monthly breakdown on separate sheet, identify staffing levels and hours) $99g,750
Proposed DB Construction Contingency (percentage)
5.0%
Proposed DB Fee for Construction Services (percentage)
6.0%
Proposed DB Fee for Change Orders (percentage)
6.0%
Bonds and Insurance (percentages)
Payment/Performance Bonds (_%)
1.0%
Liability Insurance (_%)
1.0%
Builder's Risk (_%)
1.0%
Yes, we believe that a fire station can be built for the City's budget of $9.9 million dollars; however, at this point there are a number of unknowns that must be defined in order to determine how much scope will fit inside the City's budget. The City's approach forthis project, utilizing the Progressive Design -Build delivery method, is perfect. Progressive Design -Build will allow the entire team City, Architect and Contractor, to thoughtfully considerthe financial implications of each design decision and weigh the project wants verses needs. Ourteam's Fire Station Design -Build experience is unmatched in Southern California.
Erickson -Hall and PBK Architects are ready to roll -up our sleeves, review the City's Basis of Design and Building Program in more detail, and use our extensive experience to help the City make informed design decisions, timely procurements, and value material selections allowing the City's budget to stretch further.
CityA)WJ 1won No. 3 C6 build#0 q&2*&tation
General Conditions
CONFIDENTIAL
Erickson -Hall Construction
Standard Estimate Report
Vista Fire Station #3
812512022
Total
Description
Takeoff Qty.
Unit Cost
Amount
General Conditions & General Requirements
General Conditions
Field Telephone
17.00 mnth
450.00
/mnth
7,650
Project Fuel
17.00 mnth
3,000.00
/mnth
51,000
Vehicle Maintenance
17.00 mnth
180.00
/mnth
3,060
Safety Inspections
17.00 mnth
800.00
/mnth
13,600
Superintendent
74.00 wk
4,680.00
/wk
346,320
Field Clerk 1/2 Time
74.00 wk
740.00
/wk
54,760
Project Executive 1/3 Time
74.00 wk
2,000.00
/wk
148,000
Project Manager 1/2 Time
74.00 wk
2,020.00
/wk
149,480
Project Engineer 1/2 Time
74.00 wk
1,480.00
/wk
109,520
Superintendent's Vehicle
17.00 mnth
550.00
/mnth
9,350
Project Manager's Vehicle
17.00 mnth
550.00
/mnth
9,350
IT Support
17.00 mnth
2,240.00
/mnth
38,080
Labor Compliance
17.00 mnth
425.00
/mnth
7,225
General Conditions
947,395
General Requirements
Field Office
17.00 mnth
625.00
/mnth
10,625
Field Office MOB & DeMOB
2.00 ea
1,250.00
/ea
2,500
Field Office Supply
17.00 mnth
540.00
/mnth
9,180
Portable Toilets (2 ea for Office Use Only)
17.00 mnth
200.00
/mnth
3,400
Internet Hookup
1.00 ea
975.00
/ea
975
Temporary Electric Utility Hookup
1.00 ea
8,500.00
/ea
8,500
Temporary Dry Utility Usage
17.00 mnth
750.00
/mnth
12,750
Jobsite Sign
1.00 ea
450.00
/ea
450
Safety Equipment
17.00 mnth
175.00
/mnth
2,975
General Requirements
51,355
General Conditions & General Requirements 998,750
City A)W, J 1 won No. 3 C6 build,*8 Q#r2*&tation
Llr.��
Preliminary Design & Construction Schedule
D ITask Name
CITY OF VISTA- FIRE STATION NO.3 REPLACEMENT PROJECT
PROJECT MILESTONES
NOTICE OF AWARD
DESIGN COMPLETE & ALL PERMITS ISSUED
OWNER MOVE -IN TO TEMPORARY STATION
PROJECT FINAL COMPLETION
TEMPORARY FIRE STATION - RENOVATIONS
TEMP FS - DESIGN & PRECONSTRUCTION
TEMP FS - BIDDING & GMP PROCESS (1 OF 2)
TEMP FS - SUBCONTRACTING & PROCUREMENT
TEMP FS-CONSTRUCTION (3 MONTHS)
MOBILIZATION & SELECTIVE DEMOLITION
INTERIOR RENOVATIONS
SITE IMPROVEMENTS
EQUIPMENT START-UP, TESTING & PUNCH WORK
FINAL INSPECTIONS & CERTIFICATE OF OCCUPANCY
RELOCATE FF&E AND APPLIANCES FROM OLD STATION
FIRE STATION NO.3 - REPLACEMENT
DESIGN & PRECONSTRUCTION
SCHEMATIC DESIGN
DESIGN DEVELOPMENT PHASE
50%CONSTRUCTION DOCUMENTS
75%CONSTRUCTION DOCUMENTS
90%CONSTRUCTION DOCUMENTS
1ST PLAN CHECK AND CORRECTIONS
BACK CHECK & FINAL APPROVAL
PERMITS ISSUED
BIDDING & GMP PROCESS (2 OF 2)
SUB OUTREACH & BID DOCUMENT PREPARATION
PUBLIC BIDDING (2 OF 2)
PREPARE FINAL GMP (2 OF 2)
GMP REVIEW & STAFF REPORT PREPARATION (2 OF 2)
CONTRACT AMENDMENT (2 OF 2) - BOARD APPROVAL
NOTICE TO PROCEED (2 OF 2) ISSUED
CONSTRUCTION (14 MONTHS)
MOBILIZATION
SUBCONTRACTING
BEGIN PROCUREMENT OF LONG LEAD ITEMS
SALVAGE ITEMS FOR REUSE
ABATEMENT & DEMOLITION
SITE GRADING
BUILDING CONSTRUCTION ACTIVITIES
SITE PAVING AND IMPROVEMENTS
IRRIGATION AND LANDSCAPE
OFF -SITE IMPROVEMENTS
UNDERGROUNDING OH ELECTRICAL
TRAFFIC SIGNAL
STREET IMPROVEMENTS - OLD TAYLOR STREET
STREET IMPROVEMENTS- E. VISTA WAY
CLOSEOUT
EQUIPMENT START-UP, TESTING & FINAL INSPECTIONS
PUNCH LIST - PUNCH WORK & CERT OF OCCUPANCY
SUBSTANTIAL COMPLETION
Project Start: Tue 10/1822
ProjeCt Finish: Tue 9/2424
489 days
489 days
0 days
0 days
0 days
0 days
201 days
65 days
56 days
15 days
65 days
7 days
45 days
8 days
3 days
2 days
468 days
150 days
25 days
35 days
25 days
20 days
15 days
25 days
5 days
0 days
74 days
25 days
24 days
8 days
15 days
1 day
0 days
294 days
7 days
20 days
0 days
5 days
20 days
20 days
217 days
35 days
28 days
120 days
40 days
30 days
20 days
30 days
25 days
10 days
15 days
Toe 10/18/22 Toe 9/24/24
Toe 10/18/22 Toe 9/24/24
Tue 10/18/22 Tue 10/18/22
Tue 5/23/23 Tue 5/23/23
Fri 8/4/23 Fri 8/4/23
Tue 9/24/24 Tue 9/24/24
Wed 10/19/22 Fri 8/4/23
Wed 10/19/22 Mon 1/23/23
Tue 1/24/23 Wed 4/12/23
Thu 4/13/23 Wed 5/3/23
Thu 5/4/23 Fri 8/4/23
Thu 5/4/23 Fri 5/12/23
Mon 5/15/23 Tue 7/18/23
Wed 6/28/23 Tue 7/18/23
Wed 7/19/23 Fri 7/28/23
Mon 7/31/23 Wed 8/2/23
Thu 8/3/23 Fri 8/4/23
Wed 10/19/22 Tue 9/24/24
Wed 10/19/22 Tue 5/23/23
Wed 10/19/22 Wed 11/23/22
Mon 11/28/22 Mon 1/16/23
Tue 1/17/23 Tue 2/21/23
Wed 2/22/23 Tue 3/21/23
Wed 3/22/23 Tue 4/11/23
Wed 4/12/23 Tue 5/16/23
Wed 5/17/23 Tue 5/23/23
Tue 5/23/23 Tue 5/23/23
Wed 4/12/23 Wed 7/26/23
Wed 4/12/23 Tue 5/16/23
Wed 5/17/23 Tue 6/20/23
Wed 6/21/23 Fri 6/30/23
Mon 7/3/23 Mon 7/24/23
Tue 7/25/23 Tue 7/25/23
Wed 7/26/23 Wed 7/26/23
Thu 7/27/23 Tue 9/24/24
Thu 7/27/23 Fri 8/4/23
Thu 7/27/23 Wed 8/23/23
Thu 8/24/23 Thu 8/24/23
Mon 8/7/23 Fri 8/11/23
Mon 8/14/23 Mon 9/11/23
Tue 9/12/23 Mon 10/9/23
Tue 10/10/23 Mon 8/19/24
Wed 6/5/24 Wed 7/24/24
Thu 12/14/23 Tue 6/4/24
Thu 12/14/23 Fri 2/9/24
Mon 2/12/24 Mon 3/25/24
Tue 3/26/24 Mon 4/22/24
Tue 4/23/24 Tue 6/4/24
Tue 8/20/24 Tue 9/24/24
Tue 8/20/24 Tue 9/3/24
Wed 9/4/24 Tue 9/24/24
CITY OF VISTA
FIRE STATION NO. 3 REPLACEMENT (CIP 8331)
PRELIMINARY DESIGN & CONSTRUCTION SCHEDULE
PROJECT MILESTONES 9/24
NOTICEOFAW RD 10/18
DESIGN CO PLETE & ALL PERMITS ISSUED 5/23
OW10N
ER MOVE -IN TO TEMPORARY STATION 8/4
PROJECT FINAL COMPLETION et 9/24
TEMPORARY FIRE STATION - RENOVAS 8/4
TEMP FS - DESIGN & PRECONSTRUCTION �� 1/23
TEMP FS - BIDDING & GMP PROCESS (1 OF 2) 11 4/12
TEMP FS- SUBCONTRACTING & PROCUREMENT I"I 5/3
TEMP FS - CONSTRUCTION (3 MONTHS) r----1 8/4
5/4 . MOBILIZATION & SELECTIVE DEMOLITION
5/15 — INTERIOR RENOVATIONS
6/28 — SITE IMPROVEMENTS
7/19 • EQUIPMENT START-UP, TESTING & PUNCH WO
7/31 FINAL INSPECTIONS & CERTIFICATE OF OCCUPA CY
813 RELOCATE FF&E AND APPLIANCES FROM OLD ST TION
FIRE STATION N0.3 - REPLACEMENT
DESIGN & PRECONSTRUC rION 5/23
0/19 SCHEMATIC DESIGN
1 /28 — DESIGN DEVELOPMENT PHASE
1/17 . 50%CONSTRUCTION DOCUMENTS
2/22 — 75%CONSTRUCTION DOCUMENTS
3/22 — 90%CONSTRUCTION DOCUMENTS
4/12 1ST PLAN CHECK AND CORRECTIONS
• BACK CHECK & FINAL APPROVAL
PERMITS ISSUED 5/23
BIDDING & GMP PROCESS (2 OF 2) 7/26
4/12 SUB OUTREACH & BID DOCUMENT PREPARATION
5/17 PUBLIC BIDDING (2 OF 2)
6/21 PREPARE FINAL GMP (2 OF 2)
7/3 GMP REVIEW & STAFF REPORT PREPARATION (2 C
7/25 CONTRACT AMENDMENT (2 OF 2) - BOARD APPRI
NOTICE TO PROCEED (2 OF 2) ISSUED 7/26
CONSTRUCTION (14 MONTHS)
7/27 MOBILIZATION
7/27 SUBCONTRACTING
BEGIN PROCUREMENT OF LONG LEAD ITEMS 0 8/24
8/7 SALVAGE ITEMS FOR REUSE
8/14 ABATEMENT & DEMOLITION
9/12 SITE GRADING
9/24
9/24
tV
C17y/\ OF VI�sTA
10/10 BUILDING CONSTRUCTION ACTIVITIES
6/5 — SITE PAVING AND IMPROVEMENTS
7/25 — IRRIGATION AND LANDSCAPE
OFF -SITE IMPROVEMENTS I— — — — -- 1 6/4
12/14 — UNDERGROUNDING OHELECTRICAL
2/12 — TRAFFIC SIGNAL
3/26 — STREET IMPROVEMENTS -OLD TAYLOR STREET
4/23 — STREET IMP tOVEMENTS - E. VISTA WAY
CLOSEOUT 9/24
8/2 0
7JEUENIPMT START-UP, TESTING & FINAL INSP
/4PLSPUNCH WORK & CERT OF OCC
SUBSTANTIAL COMPLETION9/24
Data Date: Thu 8/25/22 Page 1 of 1
Run Date: Thu 8/25/22
!1 Y/'n22concerns regarding our ability to meet the target �4dule dates for Fire Station No. 3 50 of 213
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9 EXCEPTIONS TO THE
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Erickson -Hall Construction
An Employee Owned Company
10/11 /2022 C6 51 of 213
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Additional Information
INSURANCE COVERAGE
Erickson -Hall meets the insurance and bonding requirements. A copy of our Insurance Coverage can be found in the Appendix.
SELF -PERFORMED WORK& UNION SIGNATORY AGREEMENTs
Erickson -Hall does not intend to self -perform any of the work and has no union signatory agreements.
Safety on the Job
As of August 25, 2022 (due date for this RFP response), Erickson -Hall has operated for 13 years, 7 months and 19 days without a lost time accident. Achieving this record is a monumental accomplishment. To avoid complacency and
ensure ourteams' focus remains on safe project execution, we operate a "Back to Basics' approach, concentrating on basic fundamentals of safety. Our safety record was not established on "luck" but by strategic execution of our safety program, starting with executive management. Erickson -Hall has been recognized with regional and national First Place Construction Safety Excellence Awards.
We will implement our Injury and Illness Prevention Program that complies with 8 CCR § 1509, and a Safety Program
that meets CAL/OSHA requirements. With dedicated safety personnel assigned to Fire Station No. 3, we can provide continuous training in risk identification and mitigation. As a firm committed to safety on and beyond ourjobsites, leadership will also perform periodic safety audits on active sites ensuring project teams remain vigilant in the implementation of our safety program.
RISK IDENTIFICATION & ANALYSIS
Identifying and correctly analyzing potential risk is critical to ensuring construction is executed safely. Plans and
specifications are reviewed for safety hazards associated with work scopes, i.e., fall protection, scaffolding, impacts to public safety, abatement, confined spaces, crane/heavy equipment requirements, etc. For all high -risk projects our safety personnel, along with outside subject matter experts, participate in risk identification/analysis to ensure all challenges to safe execution are addressed properly. Once safe work methods are determined and refined throughout development of the construction execution plan, they are enforced during construction through weekly progress
meetings, daily huddles and weekly tailgates. If a project presents unique, complex construction components, we
incorporate mock-ups in planning activities and consult with appropriate experts to review, confirm and validate our construction plan can be executed safely.
SAFETY MEETINGS, TOUCH -POINTS, AND AUDITS
Preconstruction Safety Meetings - Preconstruction
meetings are to review safety protocol with all project stakeholders. Prior to subcontractors mobilizing onsite, we hold pre -coordination meetings to discuss overall
work scopes, and throughout the course of construction, we hold additional pre -task meetings to revise/accept
subcontractor's Activity Hazard Analysis (AHA).
• Weekly Safety Meetings- Our Superintendent Steve
Flemming holds weekly safety meetings to address
hazards and reinforce safety requirements. Weekly safety meetings provide an excellent platform to consistently
address safe work practices with the workforce.
• SafetyAudits- Ouronsitesuperintendent,executive
leadership, and safety personnel perform scheduled and
unscheduled audits.
WORKER ENGAGEMENT & PARTICIPATION
Every individual must accept ownership of a safe site. During initial preconstruction meetings held with subcontractors, this point is emphasized. Our "daily huddle' provides the forum for project supervisors to reiterate that each person is accountable forsafety regardless ofjob role. Atthese meetings project supervisors remind all jobsite personnel that they are empowered to stop unsafe work and are expected to alert a supervisor if they have safety concerns.
SUBCONTRACTOR MANAGEMENT
Subcontractor safety management begins priorto mobilization with review of subcontractors'jobsite-specific IIPP, as well as the requirement for their participation in pre -coordination meetings, AHA submissions, pre -task meetings, and
verification of employee training certifications.
Safety Resumes are provided in the Appendix.
Gage 14
City A)W1 1 won No. 3 build N q&2* utation
�.h� ■� ii;°
is
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Resumes .Emsoo:Hao..aomoo.
GENERAL CONTRACTOR
EDUCATION
Alex A I O Cl LEED AP
A.S. Electro-Mechanical CAD
Drafting, Pennco Tech, Bristol
Project Executive
Executive Leadership Program
Babson College
Alex Alon joined Erickson -Hall in 2021; his construction industry career spans 30 years and has been concentrated in managing California public works and higher education
TRAINING
projects. He is responsible for leading project teams to achieve client goals and for . OSHA 30-Hour
producing functional, financially viable projects within established cost and schedule . LEED Accredited Professional
parameters.
. AQMD Certification
• CPR I AED l First Aid
As Project Executive, Alex ensures every team member has a clear vision of the mission, . Asbestos Awareness
budget and time constraints associated with every project, as well as the resources . SCAQMD
and support required for a successful project delivery. Experienced in maximizing the • SWPPP
management tools available through a broad range of alternative delivery processes, Alex • Heat Illness
is well -versed in fostering a team environment that promotes creative thinking, innovative problem solving and issue resolution. He will work closely with the Design -Build Manager,
REFERENCES
PBK Architects and the design -build team to manage design activities to ensure project Robert Rauscher
details are completed, accurate, and coordinated between disciplines.
Former Associate Bond Program
Manager
Relevant Ex erlence (A Partial List)
College of the Desert
916.749.0879
East Valley Public Safety Training Center Chris Miller
San Bernardino Community College District - $8 Million Director of Facilities Palomar Community College
Scope of work includes design and develop 2 new specialized fire training structures on site at District the Crafton Hills College. These structures are designed specifically to accommodate the fire 760.744.1150, Ext. 3333 academy requirements for cadets seeking their certification as a fire fighter. Completed with PBK. Design -Build Mac McGinnis
Vice President
Magnolia Elementary School Modernization Project MAAS Companies, Inc.
Carlsbad USD - $18.7 Million 909.919.9577
modernization of the admin/ library building, multi -purpose building, three classroom building and installation of 4 relocatable classroom buildings on grade with concrete foundations.
The following projects were completed with a Previous Firm Learning Resource Center (LEED Gold)
Palomar Community College District - $48 Million
Preconstruction and construction phase services for a new 85,000 SF, 4-story building housing a library, tutoring center, academic computer center, office and classroom spaces and featuring a 4-story atrium with cantilevered stairway.
COD Applied Sciences Building
College of the Desert - $12.2 Million (LEED Gold)
Construction management over new 19,500 SF classroom building housing HVAC Tech and Architectural Design & CAD programs.
City A)W J 1 won No. 3 C6 build 9® gir2*&tation
Resumes
GENERAL CONTRACTOR
EDUCATION
Nathan Co m I � n
p
B.S. Construction Engineering &
Management
Design Build Manager
CSU Long Beach
Nathan Complin joined Erickson -Hall in 1999 and has more than 25 years of experience
TRAINING
in the construction industry;17 of those years as a senior manager utilizing Design -Build . Asbestos Awareness
and Progressive Design -Build to deliver essential service facilities throughout Southern • Fall Protection Awareness
California.
• Hazardous Communication
• OSHA 10-Hour
Having built the last three Fire Stations for the City of Vista, Nathan is well prepared to • OSHA LEAD Awareness
provide thorough collaboration, feedback, and direction to the project and team. As the • Defensive Driver
Design -Build Manager, Nathan will work hand -in -hand with Kelley Needham from PBK Harassment Preventative Training
and the design consultant team to determine optimal design solutions. Since our DBT has Leadership Development
completed so many similarfire station projects together, we can assure the Citythatwork is delivered on time, in the ordered quality, and within the budget.
REFERENCES
Michael Siemering, Proj. Director
Relevant Experience (A Partial List)
State of CA DGS
m.916.996.4226
Bruce Sherwood, Battalion Chief
Projects Completed for the City of Vista:
RSF Fire Protection District
o. 858.756.6004
Vista Fire Station No. 5 - $6.4 Million
13,628SFfire station with four -vehicle apparatus bay, administrative offices, kitchen, dining room, day room, training/meeting room, exercise room and nine crew quarters. Design -Build
Vista Fire Station No. 6 - $5.6 Million
New 11,300 SF fire station with three -apparatus bays,
administrative offices, kitchen, dining room, day room, training room, laundry, and nine crew quarters. Design -Build
Vista Fire Station No.1 Remodel - $3.8 Million
Remodel of an existing two story Fire Station including new living quarters featuring ten dorm rooms and accommodating up to four shifts per dorm, new administrative office spaces, fitness room, day room, kitchen facility with custom BBQ on patio, new elevator, and a state of the art IT/Comm Room featuring a Clean Agent Fire Suppression System.
Rancho Santa Fe Fire Station No. 5 Harmony Grove
Rancho Santa Fe Fire Protection District - $6.6 Million Rancho Santa Fe Fire Station No. 5 in Harmony Grove Village is a 8,313 SF, single -story structure on a partially developed 2.6-acre site. Completed with PBK. Progressive Design -Build
California Highway Patrol Replacement Facility
State of California Department of General Services - $26.7 Million Construction of the 39,600 CHP San Diego Replacement Facility.
The single structure is arranged in an 1" shaped configuration with two wings bisected by double -loaded corridors. Completed with PBK. Design -Build
Lido Fire Station No. 2
City of Newport Beach, CA - $6.7 Million
Site demolition of an existing parking lot and construction of a new 2-story,11,649 SF fire station, a 144 SF trash enclosure building and a 148 SF public restroom building.
East Valley Public Safety Training Center
San Bernardino Community College District - $8 Million
Scope of work includes design and develop 2 new specialized fire training structures on site at the Crafton Hills College. These structures are designed specifically to accommodate the fire academy requirements for cadets seeking their certification as a fire fighter. Completed with PBK. Progressive Design -Build All -Risk Training Center
City of Rancho Cucamonga, CA - $26.4 Million
New construction of a Fire Training Center encompassing six new buildings including a training tower, training house, warehouse, administration, locker and data buildings, as well as underground trench rescue training prop and associated site work.
Public Safety Facility
City of Rancho Cucamonga, CA - $13.5 Million
Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County
Sheriff Department Sub -Station.
City A)W J 1 won No. 3 C6 build 9�11 q4r2*&tation
Resumes
GENERAL CONTRACTOR
Brandon Hamlett
Project Manager
Brandon Hamlettjoined Erickson -Hall in 2015; his construction industry experience spans over 15 years and encompasses a broad range of public works projects, with a focus on essential service facilities and education. His background includes field experience as a Superintendent, as well as concentrated experience in fire station project management.
This gives him heightened attention to safety, quality, and project details.
Asthe ProjectManager, Brandonwill leadtheteam through preconstruction,construction, and post -construction tasks such as budget validation, value engineering, field orders and surveying as -built conditions, as well as assisting in assurance of contract compliance, timely submission of shop drawings, submittals and product data.
Brandon has completed several projects alongside our key DBT members, including PBK, using the Design -Build delivery method. He will manage weekly owner construction meetings, oversee site construction meetings, establish and update the project budget, review changes to the budget and project scope, and approve subcontractor's monthly progress payments. During construction, he will monitor execution of the project schedule and assist with design schedules for project milestones.
Relevant Experience (A Partial List)
California Highway Patrol Replacement Facility
State of California Department of General Services - $26.7 Million Construction of the 39,600 CHP San Diego Replacement Facility.
The single structure is arranged in an "L" shaped configuration with two wings bisected by double -loaded corridors. Completed with PBK.
Lido Fire Station No. 2
City of Newport Beach, CA - $6.8 Million
Site demolition of an existing parking lot and construction of a new 2-story,11,649 SF fire station, a 144 SF trash enclosure building and a 148 SF public restroom building.
Public Safety Facility
City of Rancho Cucamonga, CA - $13.5 Million
Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County
Sheriff Department Sub -Station.
EDUCATION
B.S. Construction Engineering
San Diego State University, 2013
A.A. Science & Mathematics
Palomar Community College,
Fire Tech - Public Fire Service
Certification, Santa Ana
Community College,
TRAINING
• OSHA 10-Hour
. OSHA 30-Hour
• CPR / AED I First Aid
• Concrete & Masonry
• Confined Space Awareness
• OSHA Lead Awareness
• Defensive Driver Training
. Fall Protection Awareness
• Asbestos Awareness
• CS -Silica Hazards
• Leadership Development Training
• Building Inspector CBC
• Building Plans Examiner CBC
• PlumbinglnspectorCPC
• Mechanical Inspector CMC
• Fire Technology Certification
REFERENCE
Michael Siemering, Proj. Director
State of CA DGS
m. 916.996.4226
East Valley Public Safety Training Center
San Bernardino Community College District - $8 Million
Scope of work includes design and develop 2 new specialized fire training structures on site at the Crafton Hills College. These structures are designed specifically to accommodate the fire academy requirements for cadets seeking their certification as a fire fighter. Completed with PBK. Progressive Design -Build All -Risk Training Center
City of Rancho Cucamonga, CA - $26.4 Million
New construction of a Fire Training Center encompassing six new buildings including a training tower, training house, warehouse, administration, locker and data buildings, as well as underground trench rescue training prop and associated site work.
City A)W J 1 won No. 3 C6 build 98 q4r2*&tation
Resumes
GENERAL CONTRACTOR
Steve Fleming, ciSEc, QSP, cQM
Superintendent
Steve Fleming has over 25 years of construction industry experience completing various commercial, industrial and public works projects ranging from $1.3 million to $50 million.
As Superintendent, Steve is responsible for the project schedule execution, coordination of trade contractors, as well as overseeing alljobsite activities. He will also assistthe team with constructability reviews. Throughout the construction process, Steve will manage the jobsite, implement the timely execution of the construction schedule, ensure site security, and enforce Erickson-Hall's quality control and national award winning safety programs. Other construction phase responsibilities include conducting construction safety and subcontractor coordination meetings throughoutthe duration of each project.
During closeout, Steve will take the lead on creating the punch list, final inspections and the commissioning of facilities.
Relevant Experience (A Partial List)
Vista Fire Station No. 6
City of Vista - $5.6 Million
New 11,300 SF fi re station with three -apparatus bays, administrative offices, kitchen, dining room, day room, training room, laundry, and nine crew quarters. esign-Build
Chula Vista Fire Station No. 2
City of Chula Vista -$1.3 Million
Replacement of an existing metal shed building with new two- story masonry apparatus and maintenance facility. Project also includes replacement of existing site paving and exterior and kitchen renovation of the existing firehouse. esign-Build Chula Vista Fire Station No. 6
City of Chula Vista - $2.3 Million
6,493 SF Fire station includes a two -engine apparatus bay with a vehicle exhaust system, kitchen, dorm rooms, day room, exercise room, offices and support facilities.
La Mesa Fire Station No.11
La Mesa, CA - $6.5 Million
Construction of a new 20,446 SF, two-story fire station that includes an emergency operations center, training room, four - engine apparatus bay, administrative offices, crew quarters, fitness room, kitchen, dining area and day room.
San Diego Fire Station No. 5
City of San Diego - $6.5 Million
Demolition of existing fire station and construction of a new two-story, 10,597 SF fire station with various site improvements.
The station will house a crew of eight and 1 battalion chief and accommodate 1 enRine,1 aerial truck and 1 battalion chief vehicle.
El Cajon Fire Station No 8
City of El Cajon - $3.6 Million
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TRAINING & CERTIFICATIONS
• NAVFAC/Army Corps of Engineers
• AGC Supervisory Program
• Construction Quality Management
(CQM)
• Certified Inspector Sediment&
Erosion Control (CISEC)
• Qualified SWPPP Practitioner (QSP)
AGC Superintendent Courses:
• Asbestos Awareness
• Contractor Liability Awareness
• CPR & First Aid
• EM385
• Excavation and Trenching
• Hazardous Communication
• OSHA 30-Hour
• Planning and Scheduling
• Project Management
• Scaffolding Competent Person
• Storm Water Pollution Prevention
The work included the construction of a wood framed building of approximately 9,369 square feet and incidental related site work.
The stucco and metal roof building consists of a two and one half drive through apparatus bays, administrative area, maintenance work room, and living quarters with site paving designed for fire vehicles, flatwork for outdoor walks and patios, masonry screen walls and landscape areas. Total site is approximately 39,842 square feet. Project included demo of existing old site parking lot elements such as asphalt paving, light poles, dilapidated landscaping and asphalt berms.
ICOE West Building E & Training Center
Imperial County Office of Education - $9.2M
The Event Center includes an attached prep kitchen/catering room for events, architectural cloud ceilings, a lounge area with charging stations, a separate storage room for Event Center supplies and materials, and glass doors that lead to an outdoor seating area/ patio. The facility also includes a designated security room and gym/exercise room with lockers.
Santa Fe Springs Library Renovation
Santa Fe Springs, CA -$1.9 Million
Demolish existing interior and construct new tenant improvement, including new ceilings and interior finishes, redesign of the HVAC system, update of electrical and plumbing systems, and renovation of Cafe Kitchen facilities.
City A)WI 1 won No. 3 C6 build,98 q0r2*&tation
Resumes
GENERAL CONTRACTOR
1 Z - T\ T\ _
• CPR I AED I First Aid
• Scaffolding Competent
• EM-385
• Defensive Driver Training
• Fall Protection Competent
• Harassment Preventative Training
• Confined space Competent
• UCSD - Occupational Safety &
Health with Specializations in
General Industry & Construction
• CHST - Construction Health &
Safety Technician
• EM 385 -1 -1 40 Hour
• CQM-C Construction Quality
Management for Contractors
• OSHA 500 - Trainer Course
(Authorized OSHA 10 & 30 -Hour
Instructor for Construction Industry)
• OSHA 501 -Trainer Course
(Authorized OSHA 10 & 30 -Hour
Instructor for General Industry)
• OSHA 510 - OSHA Standards for
the Construction Industry
• OSHA 511 - OSHA Standards for
General Industry
• OSHA 3010 - Trench & Excavation
• OSHA 2225 - Respiratory
Protection
• DOT - Hazardous Material
Regulation
• OSHA 3095 - Electrical Low
Voltage Standards (Federal)
• OSHA 2250 - Principles of
Ergonomics
• UCSD 3200 - Scaffolding Training
• UCSD 4000 - Safety Inspection
Techniques
• OSHA IIPP & Partnership Training
• Mobile Ladder Safety Training
• Single & Extension Ladder Safety
Training
• American Heart Association - First
Aid, CPR, & AED Trainer
• CA Directory of Staff Development
• California - LVN (Licensed)
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MARIE HELKENN COLE
Safety Manager
Marie Helkenn Cole joined Erickson -Hall in 2019 and has almost 2 decades of experience in safety management and health -related fields. As Safety Manager, Marie is charged with monitoring policies, procedures, programs, standards and design criteria affecting construction safety. She will assist the Safety Director in the management and administration of company -wide safety training and safety assessments, conducts safety inspections, performs safety investigations and attends OSHA inspections. Marie will conduct emergency response drills, educate construction teams on proper safety protocol, and ensure all site workers are wearing the correct safety gear. She will be charged with coordinating reports from and respond to orders by Department of Labor Inspectors, arrange for OSHA -mandated testing and/or evaluations, coordinate registration and removal of hazardous waste, and verify that injury reports are submitted to related government agencies. Marie is committed to ensuring a safe, healthy and accident -free work environment on every Erickson -Hall jobsite.
EXPERIENCE HIGHLIGHTS (A PARTIAL LIST)
ESSENTIAL SERVICES FACILITIES • Solana Vista ES Reconstruction Solana Beach, CA - $32.8 M.
• California Highway Patrol San Diego
Replacement Center
San Diego, CA - $26.7 Million
• Anaheim Fire Station No. 5
Anaheim, CA - $5.4 Million
• Rancho Santa Fe Fire Station No. 5
Harmony Grove, CA - $6.6 Million
• Public Safety Facility, City of Rancho
Cucamonga, CA- $13.5 Million
• Lido Fire Station No. 2
Newport Beach, CA - $9.5 Million
CALIFORNIA K-12 PROJECT
EXPERIENCE
• Macy Elementary School
La Habra, CA - $5 Million
• Emory Elementary School
Imperial Beach, CA- $11.9 Million
• Rancho Verde High School
Moreno Valley, CA - $26.3 Million
• Las Brisas Early Learning Center TI
Murrieta, CA - $2.8 Million
• Innovative Horizons Charter School
Perris, CA- $22 Million
• Griffiths Middle School Modernization
Downey, CA- $39.4 Million
• Doty Middle School Modernization
Downey, CA - $35 Million
• Pacific Sky School
San Diego, CA - $53.6 Million
• Hermosa Vista School
Hermosa Beach, CA - $24.6 M.
• Hermosa View School
Hermosa Beach, CA - $23.3 M.
• Monroe Elementary School
Riverside, CA- $16 Million
• Menifee Middle School #4
Menifee, CA - $49 Million
• Hamilton Middle School Mod
Long Beach, CA- $16.2 Million
• America's Finest Charter
San Diego, CA - $27.5 Million
• Little Lake ES Modernization
Hemet, CA - $26.7 Million
• Agua Caliente ES
Cathedral Clty, CA- $39 Million
• La Costa Meadows ES
Carlsbad, CA- $29 Million
• Alberhill Elementary School
Lake Elsinore, CA - $27 Million
VIP Village Preschool
Imperial Beach, CA- $11.4 M
ICOE W. Bldg E & Training C
El Centro, CA - $9.2 Million
• Los Alamitos HS STEM Bldg
Los Alamitos, CA - $52 Million
• K-8 STEAM Aademy Temecula,
CA - $26.8 M
CityA)W11won No. 3 C6 build®6 Q&2*&tation
Resumes
GENERAL CONTRACTOR
Mike Riley
Vice President, Estimating
Mike Riley has been an integral part of Erickson-Hall's estimating team since 2001 and has over 20 years of construction industry experience, encompassing a broad range of projects including the modernization and new construction of essential service facilities. Mike is experienced in all facets of estimating including conceptual cost analysis, negotiated, firm -fixed pricing, subcontract solicitation, and bid analysis. As Chief Estimator, Mike produces budgets and cost estimates and procures general/prime contractors for each project. His responsibilities include estimating deliverables such as cost estimating, bid management and bid packaging, value engineering, constructability, and complete oversight of Erickson-Hall's estimating database. He will assist with contract negotiations and the preparation of detailed cost estimates at various stages of design and construction.
Relevant Experience (A Partial List)
La Mesa Fire Station No.11
City of La Mesa, CA - $6.5 Million
Construction of a new 20,446 SF, two-story fire station that includes an emergency operations center, training room, four -engine apparatus bay, administrative offices, crew quarters, fitness room, kitchen, dining area and day room.
Malibu Fire Station No. 71
County of Los Angeles - $5.3 Million
Replacement of an existing fire station with a new 5,800 SF facility that includes a 300 SF independent storage building. The new fire station features an apparatus bay which accommodates a squad, truck and engine. It contains new office space, kitchen/dinning room, dayroom, two full restrooms, six individual dormitories and storage. Design build with I -Di
Public Safety Facility
City of Rancho Cucamonga, CA - $13.5 Million
Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County Sheriff Department Sub -Station.
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EDUCATION
Mesa Community College,1994
Santa Clara University,1997
San Diego State University,1999
TRAINING
• CPR I AED I First Aid
• Defensive Driver Training
• OSHA 10-Hour
• Leadership Development
Training
• Emergency Action Planning
Awareness
• Fire Prevention Awareness
• Ladder Safety Awareness
San Diego Fire Station No. 31
City of San Diego
San Diego Fire Station No.12
City of San Diego
San Diego Fire Station No.5
City of San Diego
West San Jacinto Fire Station
City of San Jacinto
Stanton Fire Station No. 46
City of Stanton
Escondido Fire Station No. 4
City of Escondido (Design Build)
Tustin Legacy Fire Station No. 37
City of Tustin
Anaheim Fire Station No. 5
City of Anaheim (Design -Build)
CityA)W11won No. 3 C6 build®* q&2* utation
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ARCHITECT
M
IL
Mr. Needham joined WLC Architects,
Inc. in April 1986. He has brought to
the firm a wide variety of experience
and expertise in project design and
construction document preparation.
His architectural education was taught
with a strong emphasis on human
needs and how to integrate them into
the built environment. This emphasis
was combined with a methodical and
logical design process geared toward
the achievement of appropriate
design solutions. He has experience in
a wide variety of project types but has
specialized in the design of both public
and essential service facilities.
EDUCATION
California Polytechnic University, Pomona
Bachelor of Architecture, 1985
REGISTRATION
Architect, California - 19064
PROFESSIONAL AFFILIATIONS
Los Angeles Chapter
American Institute of Architects
Kelley Needham, AIA Architect, Principal
FIRE STATIONS
• Newport Beach Fire Station 5
Houston Fire Station 8
• Eastvale Fire Station 2
San Marcos Fire Station 4
• Sendero Ranch Fire Station 56
Lake Forest Fire Station 19
• Fontana Fire Station 73
Fremont Fire Station 8
• Los Angeles Fire Station 15
Chino Fire Station 63
• Malibu Fire Station 71
Dana Point Fire Station 29
• Carlsbad Fire Station 3
Fairbanks Headquarters Fire Station
• Los Angeles Fire Station 7
San Marcos Fire Station 2
• Los Angeles Fire Station 39
Rancho Cucamonga FS 173
• San Diego Fire Station 45
San Bernardino Fire Station 232
• Bonsall Fire Station 5
Norco Fire Station 22
• Ontario Fire Station 9
Temescal Public Safety Facility
• Vernon Fire Station 4
Santa Monica Fire Station 2
• Fontana Fire Station 71
La Quinta Fire Station 93
• Rialto Fire Station 2
Rancho Cucamonga Fire Station 176
• Scottsdale Fire Station 1
Anchorage Headquarters Fire Station 1
• Scottsdale Fire Station 8
Fontana Fire Station 78
• Stanton Fire Station 46
San Marcos Fire Station 1
• Mecca Fire Station 40
Chino Hills Fire Station 62
• Fremont Fire Station 11
Burbank Fire and Police Facility
• Simi Valley Fire Station 47
Temecula Fire Station 84
• Cypress Fire Station 17
Riverside Fire Station 12
• Chino Fire Station 7
Fontana Fire Station 77
• Hesperia Fire Station 301
Fontana Fire Station 74
• Hesperia Fire Station 305
• Fremont Fire Station 2
ARFF STATIONS
• Escondido Fire and Police
• Indio Fire Station 5
LAX - ARFF Station 80
• Culver City Fire Station 3
John Wayne Airport - ARFF Station 33
• Fremont Fire Station 6
Portland International Airport - ARFF 89
• Escondido Fire Station 7
• Escondido Fire Station 6
TRAINING FACILITIES
• Yucaipa Fire Station 3
• Cabazon Fire Station 24
Fremont Tactical Training Center
• Escondido Fire Station 3
Chino Training Facility/Fire Station 1
• Carlsbad Fire Station 6
Los Angeles Valley Recruit Training Center
City OVINII f on No.3 C6 r ' build®JR giq$gutation
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ARCHITECT
Sh i h-J i ng Yen Architect, Project Manager
Shih-Jing Yen joined WLC in 2005. In his
FIRE STATIONS
role as a Project Architect, Mr. Yen is
responsible for the complete delivery
Eastvale Fire Station 2
of the project from Concept through
Fontana Fire Station 73
Occupancy. WLC's Project Architects
Bonsall Fire Station 5
are intimately involved in all stages of
Ontario Fire Station 9
project delivery and actively participate
Sendero Ranch Fire Station 56
with both the WLC Project Team and
Tustin Fire Station 37
the consulting engineers. The Project
Hesperia Fire Station 301
Architect reports directly to the Principal-
Hesperia Fire Station 305
in -Charge and works in close coordination
Chino Fire Station 1 and Training Center
with the Project Manager and Design
Chino Fire Station 7
Team members on a daily basis. Mr. Yen
Fontana Fire Station 71
is also responsible for overseeing and
Rialto Fire Station 202
updating the Project Budget, Schedule,
Mecca Fire Station 40
and Scope. Our Project Architects can
Hesperia Fire Station 304
often be the first line of communication
Malibu Fire Station 71
between our Client and the firm.
Carlsbad Fire Station 3
EDUCATION
National Taiwan University, Taipei, Taiwan
Master of Science
University of Michigan, Ann Arbor, Michigan
Master of Architecture
REGISTRATION
LEED'm AP BD+C
REFERENCES
Mr. Noel Castillo
City of Fontana
(909) 350-7632
[email protected]
Mr. Chris DeCoursey, Construction Manager
Orange County Fire Authority
(714) 573-6473
[email protected]
Mr. Michael A. Kolling, Project Manager
City of Chino
(909) 334-3412
[email protected]
City OVIVII f on No.3 C6 build®8 giq*gutation
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ARCHITECT
Mr. Wassink joined WLC Architects in 2000
as our Sustainable Design Coordinator.
He has been involved in a variety of
projects focusing on project design,
design development and construction
documents. Mr. Wassink has managed
a number of LEED projects and is
responsible for LEED training within the
firm. His knowledge of LEED is grounded
in practical experience that has given
him the ability to accurately evaluate a
project's potential, establish sustainability
goals, fulfill and document program
requirements, manage other members
of the design team, and guide a LEED
application through the process until final
certification.
EDUCATION
Taylor University Upland, IN
Bachelor of Science, Business Systems,
Concentrations in Finance & Art, 1998
California Polytechnic University,
Pomona, CA
Master of Architecture
Concentration Historic Preservation
2004
PROFESSIONAL AFFILIATIONS
LEED AP
Bernhard Wass i n k LEED AP, Sustainability Coordinator
FIRE STATIONS
TRAINING FACILITIES
• Eastvale Fire Station 2
Dinuba Public Safety Training Facility
• Fontana Fire Station 73
Fremont Tactical Training Center
• Tustin Fire Station 37
Chino Training Facility
• Sendero Ranch Fire Station 56
Roy Wilson Training Center
• Los Angeles Fire Station 81
Los Angeles Valley Recruit Training Center
• Los Angeles Fire Station 89
Poway Fire Training Facility
• Ontario Fire Station 9
South Central Recruit Training Center
• Cabazon Fire Station 24
• Yucaipa Fire Station 9
REFERENCES
• Escondido Fire Station 3
• Escondido Fire Station 6
Mr. Greg Woolf, Division Chief (Retired)
• Escondido Fire Station 7
San Marcos Fire Department
• Houston Fire Station 1
(760) 594-4705
• Anaheim Fire Station 11
[email protected]
• San Diego Fire Station 45
• San Marcos Fire Station 4
Ms. Kathryn Ferrell, CEQA Coordinator
• Culver City Fire Station 3
San Diego Unified School District
• Fremont Fire Station 6
(760) 622-6193
• Carlsbad Fire Station 6
[email protected]
• Lake Forest Fire Station 19
• Dana Point Fire Station 29
Mr. Terry Welsh, Division Chief (Retired)
• Fairbanks Headquarters FS
San Bernardino County Fire Department
• San Marcos Fire Station 2
(760) 954-7779
• Norco Fire Station 22
[email protected]
• La Quinta Fire Station 93
ARFF STATIONS
• LAX ARFF Station No. 80
City OVINI I f on No.3 C6 buildl@4 q#q*gutation
RP_r111 ac
LANDSCAPE ARCHITECT
EDUCATION
University of California, Berkeley, CA
Bachelor of Landscape
PROFESSIONAL AFFILIATIONS
Licensed Landscape Architect #1746
CLARB Registration
ierican Society of Landscape Architects
(ASLA), Member
■■■
■■■ CORNERSTONE STuDCS
Don Wilson Principal, Cornerstone Studios
Mr. Wilson is skilled in coordination of multi -disciplinary teams of technical consultants toward completion of project designs. He has over 40 years experience in the Feld of landscape architecture and planning and on a variety of projects with extensive experience in design and alteration of new and existing facilities.
His responsibilities encompass the initial fieldwork, data gathering, site analysis and documentation, design, and construction observation. He has prepared master plans, visual studies, water conservation studies, and guidelines for parks, schools, and housing communities. He has been responsible for the preparation of landscape architectural designs that emphasize lower maintenance, compatible plant associations, accessibility for all, and re -use of sites and materials.
SUMMARY OF RELATED EXPERIENCE
Fire Station No. 45 - San Diego
Mr. Wilson was Principal -in -Charge responsible for coordination of CSI staff in desigr of a new fire station adjacent to Qualcomm Stadium. He was also responsible for presentations to the City and Architect. Mr. Wilson directed and reviewed schematic and final design, construction documents, specifications, and cost estimates and was responsible for reviewing design submittals for quality control to assure that all of the requirements were met.
Fire Station No. 39 - Los Angeles
Mr. Wilson was Principal -in -Charge responsible for coordination of CSI staff in design of a new City of Los Angeles fire station in located in Van Nuys. He directed the schematic design, design development, and constructions documents and coordinated with the Architect throughout the project. He directed the preparatioi of graphics for submittal to Cultural Affairs. He provided internal QA/QC review, responded to RFI's during the construction period and provided review of materials submittals.
PUBLIC SAFETY FACILITIES
Los Angeles Fire Station No. 7
Los Angeles Fire Station No. 15
Los Angeles Fire Station No. 81 and Recruit Training Center Los Angeles Fire Station No. 4
Los Angeles Fire Station No. 33
Los Angeles Fire Station No. 43
Los Angeles Fire Station No. 78
Los Angeles Fire Station No. 94
LAPD Metro Division Facility
LAPD Rampart Station Renovation
Los Angeles Emergency Operations Center
Long Beach Emergency Operations Center
City OVINII f on No.3 C6 build®5 q#q*gutation
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MECHANICAL/PLUMBING ENGINEER
EDUCATION
ersity of California Los Angeles, Extension
alifornia Sequential Program in Plumbing
System Design
REGISTRATIONS
ersity of California Los Angeles, Extension
alifornia Sequential Program in Plumbing
System Design Certification
PROFESSIONAL AFFILIATIONS
American Society of Plumbing Engineers
itional Fire Protection Association (NFPA)
I D:J T- 2,1
Pocock Design utionsl—
Tim Pocock Principal, Pocock Design Solutions
Mr. Pocock has over 29 years of experience in the design of a wide variety of proje types including educational, institutional, industrial, municipal, parking structures, and healthcare facilities. With a construction oriented background, Mr. Pocock is well versed in all aspects of project delivery.
As managing principal of Pocock Design Solutions, Mr. Pocock is responsible for the overall operations of the company. Mr. Pocock will be involved with all aspect! of the project, from the schematic design phase through construction phase and closeout.
FIRE STATIONS
Costa Mesa Fire Station 1
Newport Beach Fire Station 5
Eastvale Fire Station 31
Sendero Ranch Fire Station 56
Malibu Fire Station 71
Airport Fire Station No. 5
Anaheim Fire Station No. 11
Atwater Fire Station No. 2
Bonsall Fire Station No. 5
Butterfield Fire Station
Carlsbad Fire Station No. 6
Chino Fire Station No. 1
Chino Fire Station No. 7
Chino Valley Fire Station No. 63
Chula Vista Fire Station No. 2
Chula Vista Fire Station No. 4
City of San Jose Fire Station No. 2
Culver City Fire Station No. 3
Erringer Fire Station No. 47
Norco Fire Station No. 22
Fontana Fire Station No. 78
Fremont Fire Station No. 1 1
Fremont Fire Station No. 2
Fullerton Fire Station No. 41
Gilroy Fire Station No. 3
Hollister Fire Station No. 1
Merced Fire Station No. 55
Nervino Fire Station
Norco Fire Station No. 21
Norco Fire Station No. 3
REFERENCES
Kasey Shay, Senior Project Manager
Bomel Construction Company, Inc.
(714)279-3252
[email protected]
Ken Jones Jr., M.O.T. Supervisor
Cucamonga School District
(909) 987-8942
[email protected] 2.ca.us
Ronald A. Kuehl, COO
Neff Construction, Inc.
(909)947-3768
[email protected]
City OVINII f on No.3 C6 build®® q#q*gutation
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ELECTRICAL ENGINEER
EDUCATION
B.S., Electrical Engineering,
;alifornia State University, Long Beach
REGISTRATIONS
California License El7229
Arizona License E48795
PROFESSIONAL AFFILIATIONS
ional Society of Professional Engineers
(NSPE)
Dmia Society of Professional Engineers
(CSPE)
of Electrical and Electronic Engineers
(IEEE)
Rolando E. Sotelo Principal, A&F Engineering Group
As a principal of the firm, Mr. Sotelo serves as the Chief Engineer for A&F Engineering Group, Inc. ventures. Mr. Sotelo has over twenty years of experience and has completed projects throughout Southern California. His expertise has been an integral part of large and small projects that include civic centers, educational facilities, medical centers, office buildings, commercial centers and industrial plants.
Institutional projects form a major part of Mr. Sotelo's experience. These projects include new construction and remodel of fire and police stations; new construction and modernization of high schools, middle schools and elementary schools; building additions and remodel of university and college campuses; and medical facility remodels.
FIRE STATIONS
• Costa Mesa Fire Station 1
• Newport Beach Fire Station 5
• Eastvale Fire Station 31
• Sendero Ranch Fire Station 56
• Malibu Fire Station 71
• Ontario Fire Station 4
• Yucaipa Fire Station 3
• Culver City Fire Station 3
• San Jose Fire Station 2
• Avalon City Hall and Fire Station
• Tema Lago Fire Station 5
• Simi Valley Fire Station 47
• Fremont Fire Station 2
• Pomona Fire Station 183
• El Cajon Fire Station 7
• Hesperia Fire Station 304
• Anaheim Fire Station 8
• Hesperia Fire Station 305
• Hesperia Fire Station 301
• Chino Fire Station 7
• Chino Training Facility
• Mecca Fire Station 40
REFERENCES
Steve Stanton, Project Manager
City of Montclair
(909)625-9444
[email protected]
Eric DeMott, AIA
Haynes + Oakley Architects
(626) 836-5820
[email protected]
Aaron Mayoral, Owner
Fulmin Electrical Corporation
(909)218-4528
[email protected]
City OVINII onNo. 3 C6 build®10 giq$gutation
5 Resumes 0UEz
UNDERGROUND CONSULTANT
Ian Sanchez Founder, DUEx
it—
c;- Ian has been in the industry for over 17 years. He is best known by the DUEx family for his continuous kindness and support toward employees. As a forward thinker, Ian is always striving to better the company, break new ground, and support his squad. Ian is a thought out and industry leader in a very niche, but extremely important market. He has an abundant amount of knowledge of construction and design standards to aid in the management of plans between the development team and utility agencies.
Ian started DUEx with co founder Alvin Alvarez, who holds more than 15 years in the business. He is a premium resource for design knowledge and utility processes. Both of whom manage the firm, with a team of project managers who tackle design coordination with L.A. Department of Water and Power, Southern California Edison and San Diego Gas and Electric.
RELEVANT EXPERIENCE
• Jamison Properties (Wilshire Development) - Mixed -use residential, consisted of dry utility design and management.
• Trammell Crow Company (North Hollywood Metro) - Mixed -use residential, consisted of master plan management.
• Michaels Development (Jordon Downs) - Design, dry utility management, and line extension
• Bond Companies (Upscale Condo Complex) - Mixed -use residential, undergrounding, line extension, distribution design and dry utility management
• Carmel Partners (Apartment Complex) - Distribution design and dry utility management
CityA)W11won No. 3 C6 build®8 Q&2* utation
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CIVIL ENGINEER
EDUCATION
California State Polytechnic University,
Pomona
Master of Architecture
University of California, Irvine
Bachelor of Science in Civil Engineering
REGISTRATIONS
Licensed Professional Engineer - CA
RCE #81640
Qualified SWPPP Developer (QSD) -
C-81640
PROFESSIONAL AFFILIATIONS
ASCE - Member
Thomas Edward C a rce l l i Principal, civTEC
Tom Carcelli has over 25 years of experience in the civil engineering field with a particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design.
RELEVANT EXPERIENCE
• Costa Mesa Fire Station 2
• Bacchus Business Park
• Mission Viejo Lexus Car Dealership
• Poway Mossy Nissan Car Dealership
• First American Financial Corporate Headquarters
• GIA Corporate Headquarters Parking Lot Expansion
• Bowers Museum - Kennedy Wing
• Santa Clarita Central Park
• Encinitas Community Park
• Esencia Sports Park
• Bommer Canyon Cattle Camp
• Yorba Linda Adventure Play Area
• Portola Park
• JARPD Recreation Center
• Norman P. Murray Center Expansion
• Oasis Senior Center
• Muirlands Boulevard Median Renovation
• Nexus Twin Towers
• Hector G. Godinez Fundamental High School
• Rancho Santiago Community College District Office, ADA Compliance City OVINII f on No.3 C6 build®8 q#q*0utation
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STRUCTURAL ENGINEER
Richard M. Byrd President, R.M. Byrd and Associates
R.M. Byrd and Associates, Inc. was founded in 1992 on fundamental principles designed to provide quality consulting engineering services. The Principals, .r Associates, and employees of R.M. Byrd and Associates, Inc. recognize that in a service oriented industry, commitment to specific principles provides clear distinction between mediocrity and excellence. The primary dedication of their firm begins with the understanding that they are to protect the interests, property, and safety of the general public. R.M Byrd and Associates maintains the highest level of professional integrity. It is the goal of their firm to obtain creative solutions to difficult problems and strive to implement creativity without sacrificing project economy.
FIRE STATIONS
ARFF STATIONS
• Carlsbad Fire Station 6
LAX - ARFF Station 80
EDUCATION
Escondido Police and Fire Facility
California Polytechnic State University
San Marcos Fire Station 4
TRAINING FACILITIES
San Luis Obispo
College Park Fire Station
Bachelor of Science, Architectural
Rancho Santa Fe Fire Station
Dinuba Public Safety Training Facility
Engineering, 1984
Rancho Cielo Fire Station
Fremont Tactical Training Center
REGISTRATIONS
Indio Fire Station 5
Chino Training Facility
California Civil Engineer No. CE41857
Upland Fire Station
Roy Wilson Training Center
California Structural Engineer No. SE3350
Hesperia Fire Station 301
Los Angeles Valley Recruit Training Center
Alaska Professional Engineer No. 1 1952
Hesperia Fire Station 305
Poway Fire Training Facility
Arizona Professional Engineer No. 29251
San Marcos Fire Station 2
San Marcos Emergency Training Facility
Colorado Professional Engineer No. 34824
Chino Fire Station 63
South Central Recruit Training Center
Florida Professional Engineer No. 53077
Santa Monica Fire Station 2
Georgia Professional Engineer No. 26484
San Marcos Fire Station 1
REFERENCES
Illinois Professional Engineer No. 062-052532
Towngate Fire Station
Indiana Professional Engineer No. 10000055
Menifee Fire Station
Mr. Dave Atchley
Minnesota Professional Engineer No. 40451
Winchester Fire Station
Environmental Systems Research Institute
North Carolina Professional Engineer
North Bermuda Dunes Fire Station
(951) 538-9921
No. 024194
Lakeland Village Fire Station
[email protected]
Texas Professional Engineer No. 84360
Elsinore Fire Station
Virginia Professional Engineer No. 0402 035429
Moreno Valley Fire Station
Mr. Dale Etter
Washington Professional Engineer No. 33441
Mesa Fire Station
Victor Elementary School District
PROFESSIONAL AFFILIATIONS
Redlands Fire Station
(760) 245-1691
Structural Engineers Association of California
Cathedral City Fire Station 411
[email protected]
Consulting Engineers Association of California
Fontana Fire Station 71
International Conference of Building Officials
Rialto Fire Station 202
Mr. Jim Christl
American Institute of Steel Construction
Rubidoux Fire Station
Azusa Pacific University
Office of Emergency Services - Disaster
Temecula Roripaugh Fire Station
(626) 815-4591
Preparedness Program
[email protected]
City OVINII f on No.3 C6 � ' build-8 eiaOutation
Resumes
GEOTECHNICAL ENGINEER
N
Tom is a registered professional engineer
with over 30 years of experience. He has
extensive experience in geotechnical
consulting, and materials testing
and special inspection services for
public and private schools, public
infrastructure including bridges, roads,
storm drains, water and sewer systems,
military projects, and residential
developments. Tom manages these
projects on strict budget constraints
and careful consideration for accurate
invoicing. Tom's duties include project
management, review of construction
plans and specifications, attending
jobsite meetings, selection and
supervision of project staff, overseeing
implementation of Quality Assurance
programs, and reviewing test results.
EDUCATION
BS, Civil Engineering,
Brigham Young University
REGISTRATION
State of California Professional Engineer
#50057
ACI Certification Examiner of Record
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers
(ASCE)
San Diego Transportation Development
Association
American Public Works Association
(APWA)
m
1 NOVA
Tom Ca n a dy Principal Engineer, NOVA
RELEVANT EXPERIENCE
North Torrey Pines Road Proposed Fire Station, La Jolla, CA: Senior Engineer during a geotechnical investigation for a proposed $11 million, 10,500 SF fire station with four drive -through fire apparatus vehicle bays, administrative offices, kitchen and dining areas, day room, reception/watch room, training room, exercise room, and crew quarters. Exterior features would include an emergency generator, parking, and drought tolerant landscaping. The station would comply with City of San Diego Fire Station and UCSD Construction Standards.
Fire Station No. 35, Newbury Park, CA: Project Manager during a geotechnical investigation for a $5 million, 11,233 SF two-story fire station with associated improvements. The station will include three pull -through engine bays, office and training areas, and living quarters for nine fire fighting personnel. The new station will be designed to meet current building codes, essential service, and operational requirements.
Fire Station No. 27, Fillmore, CA: Project Manager during a geotechnical investigation for a 15,069 SF single story fire station, located on 2.65 acres, including three pass -through engine bays, office and training areas, living quarters to house nine fire fighters, and a garage. The new station will be constructed to meet current building codes, essential service, and operational requirements.
Fire Station No. 33, Thousand Oaks, CA: Project Manager during a geotechnical investigation for the proposed demolition of an existing fire station and construction of a $6.9 million, 8,500 SF fire station.
Yosemite Fire Station No. 43, Simi Valley, CA: Project Engineer during a geotechnical investigation for a proposed high bay single -story fire station along with a single -story Red Cross building, a small covered parking area, and site improvements.
City OVINII on No.3 C6 build -AO edaOutation
Resumes
TRAFFIC ENGINEER
EDUCATION
Michigan State University, East Lansing
B.S., Civil Engineering
REGISTRATIONS
Professional Engineer (Civil) California,
#86675
Professional Engineer [Traffic)
California, #2927
Professional Traffic Operations
Engineer, #5180
Christian Lambarth Project Manager, STC Traffic
Mr. Lambarth has over 13 years of experience in the management of traffic engineering projects in San Diego and throughout Southern California. He specializes in traffic signal design, signing and striping, traffic control, traffic operational analysis, street lighting, and traffic signal interconnect. He pulls from his years of experience in the transportation industry to develop PS&E that focuses on constructability.
RELEVANT EXPERIENCE
City of Vista, Design/Build Services for Fire Station Fiber Interconnect Project I Vista, CA
STC is responsible for assisting with design/build services for the fire station fiber interconnect project, providing fiber communications to three fire stations.
The services include preparation of construction documents and a Guaranteed Maximum Price (GMP) submittal for the permitting and complete construction of the project improvements. As Project Manager, Mr. Lambarth was responsible for developing 100% PS&E for the construction of fiber optic conduit and cable installation along the three streets adjacent to the fire stations. He also oversaw research of as -bunts, field reviews to verify existing utility and street infrastructure conditions, and the development of the technical design memo.
City of Carlsbad, Fire Station No. 2 Traffic Signal Design and Operations Project I Carlsbad, CA
Mr. Lambarth was responsible for providing traffic signal modification design for the remodel and site and circulation design for Carlsbad Fire Station No.
2. The site was reconfigured to provide emergency vehicles egress onto the City's busiest north -south arterial roadway, El Camino Real. The design plans accounted for the needs assessed by the City's Fire Chief and STC's evaluation of the existing number of trips per day and the future trips per day based on proposed changes to the site. He also evaluated alternative signal design and operation concepts for presentation to the City's project working group.
City of Vista, Traffic Signal Interconnect & Upgrade I Vista, CA STC is responsible for designing ethernet communications upgrades for 61 existing traffic signals in the northern part of the City of Vista. The design includes installation of fiber optic cable, wireless radios, ethernet switches, and modern traffic signal controllers. Mr. Lambarth designed the improvements to consolidate traffic signal operations on Vista Village Drive at Olive Avenue and N. Santa Fe Avenue near the Vista Transit Center Station. The improvements designed by Mr. Lambarth consolidate the operations of both intersections onto a single traffic signal controller and cabinet.
City OVINII on No.3 C6 W ' build-fiJR giq$gutation
Resumes
ENVIRONMENTAL & ABATEMENT
EDUCATION
Washington University, St. Louis, MO
B.S.B.A
REGISTRATIONS
CA Certified Asbestos Consultant #92-
0822
CA Lead Inspector / Risk Assessor /
Project Monitor #751
NV Asbestos Consultant License
IJPM06757
PROFESSIONAL AFFILIATIONS
ASTM International
Mil/
Stephen Masek President, Masek Consulting
Mr. Masek has 29 years of experience and has conducted environmental surveys, assessments, and inspections of thousands of properties of all types. He was an asbestos and lead consultant before the beginning of the respective California certification programs in 1992 and 1993. He has designed, monitored, and documented numerous asbestos, mold, lead, and other remediation projects. He also provides expert and expert witness services. He is President of Masek Consulting Services, Inc., founded in 1992.
RELEVANT EXPERIENCE
• Costa Mesa Fire Station 1
• Manhattan Beach Fire Station 2
• Ontario Training Center
• Orange Fire Station 2
• Newport Beach Fire Station 5
• Monterey Park Fire Station 61
• Irvine Great Park
• Newport Beach Police Facility
City OVINII on No.3 C6 build-fi8 q#q*0utation
Resumes
ELECTRICAL SUBCONTRACTOR
ADAM RAWLINGS
Principal
0 EIVal C, INC
FIRE STATION EXPERIENCE
Vista Fire Station #1 Remodel 2009-2010
Complete building and square footage addition remodel including all new electrical installation and generator system.
$450,000
City of Stanton OCFA Temporary Fire Station #46 2010
Installed all electrical systems for a functional operating fire station while new station was under design and construction.
$45,000
City of Stanton OCFA Fire Station #46 2010-2011
Complete electrical installation of a new Fire Station including the generator system $530,000
Escondido Fire Station #4 2011-2013
Assist in early stage design for the electrical installation of a complete fire station remodel including a new generator system.
$400,000
Malibu Temporary Fire Station #71 2013-2014
Installed all electrical systems for a complete functional operating fire station while the new fire station was under design and construction.
$35,000
OCFA Fire Station #56 2014-2015
Provide design assist and substantial value engineering for the electrical installation of a brand new fire station including the generator system.
$450,000
Rawlings Electric, Inc. I License No. 898203
Mailing: 3460 Marron Rd. #103-368 1 Oceanside, CA 92056 Phone: (888) 737-2869 1 Fax: (888) 737-2869
City A)Wj 1 won No. 3 C6 build M gira*&tation
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California Highway Patrol
Design -Build
State of California
September-
$26,715,469
Single story, 39,600 SF building arranged in an " U' shaped configuration. The San Diego Replacement Facility
DGS
2019
2 wings that form the plan are narrow sections bisected by double -loaded 5902 Kearny Villa Road
Michael Siemering
corridors allowing an efficient circulation arrangement within the building.
San Diego, CA 92123
916.376.1628
Lido Fire Station No. 2
CM -Agency
Newport Beach Fire Dpt.
October-
$9,500,000
Site demolition and new construction of the 2-story,11,500 SF Lido Fire Station 2807 Newport Boulevard
Justin Carr
2021
No. 2 housing an apparatus bay with 3 doors, medical storage room,12 dorm Newport Beach, CA 92663
949.644.3309
rooms, kitchen, day room and fitness areas.
Harmony Grove Fire Station No. 5
Design -Build
Rancho Santa Fe Fire
September-
$6,678,927
Single story, 9,900 SF, 3 double deep apparatus bays, 4 crew dorms, Captain's 2604 Overlook Point Drive
Protection District
2020
dorm room, kitchen, dining room, training, and fitness rooms.
Escondido, CA 92029
Bruce Sherwood,
858.756.6004
Anaheim Fire Station No. 5
Design -Build
City of Anaheim
August-
$5,400,000
New 9,437 SF fire station housing a three vehicle apparatus bay, 8 dorm rooms, 2540 E. La Palma Avenue
Anaheim Fire & Rescue
2018
4 crew bathrooms,1 public ADA restroom, office and work spaces, kitchen, day Anaheim, CA 92806
Tim O'Hara
room, dining room and exercise room.
714.765.4014
Fire Station 56 - Sendero Ranch
Design -Build
Orange County Fire Authority
July - 2015
$5,070,133
New 9,568 SF fire station with three vehicle apparatus bay, office space, Sendero Rd. Antonio Parkway
Chris DeCoursey
kitchen, dining room, dayroom, eight dorm rooms and above ground fuel tank.
County of Orange, CA
714.720.6066
Malibu Fire Station No. 71
Design -Build
County of Los Angeles
October-
$5,147,000
New 5,800 SF fire station with three vehicle apparatus bay, new office space, 28722 W. Pacific Coast Highway
Renolds Cairncross
2014
kitchen, dining room, dayroom, six dorm rooms, two restrooms, and 300 SF Malibu, CA 90625
213.494.5958
independent storage building.
Stanton Fire Station No. 46
Design -Build
City of Stanton Advisor
October-
$4,295,439
New 9,500 SF fire station with two -engine apparatus bay, kitchen, crew 7871 Pacific Street
Steve Chambers
2011
quarters, day room, workout room and offices.
Stanton, CA 90680
714.720.4499
Terra Lago Fire Station No. 5
Design -Build
City of Indio
April - 2009
$3,578,694
7,200 SF fire station, two -engine apparatus bay, medical supply room, full 42900 Golf Center Parkway
Grant Eklund
service kitchen, dining room, day room, exercise rooms, crew quarter's and Indio, CA 92203
760.391.4018
captain's office.
Los Angeles Fire Station No.15
Design -Assist
University of Southern
June - 2015
$12,335,270
16,960 SF two-story fire station, 6-engine in two apparatus bays, offices, fitness 3000 S. Hoover Street
California
room, kitchen, offices, crew quarters, showers, 4,000-ga fuel storage tank, Los Angeles, CA 90007
Joe McIntyre
emergency generator, hose tower, site improvements.
213.740.7080
Anaheim Fire Station No.11
Design -Bid-
City of Anaheim
April - 2007
$3,598,985
8,181 SF fire station, two apparatus bays, administrative offices, restrooms/ 3100 W. Orange Avenue
Build
Richard Aguirre
showers, training room, day room, dining room, kitchen,10-crew quarters, Anaheim, CA 92804
714.765.5052
fueling system, emergency generator.
Escondido Fire Station No. 6
Design -Bid-
City of Escondido
December-
$4,192,143
New 7,359 SF fire station with three -engine apparatus bay, kitchen, dining room, 1735 Del Dios Road
Build
Russ Knowles
2008
crew quarters, day room, and landscaping.
Escondido, CA 92029
760.839.4691
Escondido Fire Station No. 7
Design -Bid-
City of Escondido
November-
$4,416,685
New 8,950 SF fire station with three -engine apparatus bay, kitchen, dining 1220 N. Ash Street
Build
Russ Knowles
2008
room, crew quarters, day room, lockers and casework.
Escondido, CA 92027
760.839.4691
Tustin Legacy Fire Station No. 37
Design -Bid-
City of Tustin
February -
$4,192,000
9,700 SF fire station with three apparatus bays, eight dorm rooms, kitchen, 15011 Kensington Park Drive
Build
Jon Draugelis
2014
exercise room, workshop, emergency generator, 2,000-ga fuel storage tank.
Tustin, CA 92780
714.573.3164
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Insurance
0ERTIFICATE OF LIABILITY INSURANCE
E (MM/DD/YYYY)
78/27/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Susan Koelle
Alliant Insurance Services, Inc.
PHONE FAX
701 B Street, 6th floor
IC No Ext : 619-541-4851 A/c No):
E-MSan
ADDRESS: Susan. Koelle alliant.com
Diego CA 92101
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: National Union Fire Insurance
19445
License#: OC36861
INSURED ERICCON-01
INSURER B:Continental Insurance Company
35289
Erickson -Hall Construction Company
500 Corporate Drive
INSURERC: Allied World Assurance Company
19489
INSURER D:
Escondido CA 92029-1353
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:667268667 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
IN
SUBR
D
POLICYNUMBER
POLICY EFF
IMIDDIYYYY
POLICY EXP
MM/DDIYYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
5856940
9/1/2021
9/1/2022
EACH OCCURRENCE
$1,000,000
FkIOCCUR
$ 500,000
_7CLAIMS-MADE
A AGE To
PREM SES Ea occu ENTEsnce
MED EXP (Any one person)
$ 25,000
PERSONAL &ADV INJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$2,000,000
POLICY IX I JET LOG
PRODUCTS - COMP/OP AGG
$2,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
5717908
9/1/2021
9/1/2022
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
X
ANY AUTO
X
OWNED X SCHEDULED
AUTOS ONLY AUTOS
$
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per accident
X
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
$
Comp. Deductible
$ 250
C
X
UMBRELLALIAB
X
OCCUR
0311-4829
9/1/2021
9/1/2022
EACH OCCURRENCE
$10,000,000
AGGREGATE
$ 10,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X I RETENTION $ 1 n nnn
PRODUCTS COMP. OP AGG
$ 10,000,000
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
014195849
9/1/2021
9/1/2022
X PER OTH-
STATUTE I JER
E.L. EACH ACCIDENT
$ 1,000,000
OFFICERIMEMBER EXCLUDED? ❑
N/A
E.L. DISEASE - EA EMPLOYEE
(Mandatory in NH)
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
B
Excess Liability - 2nd Layer
6081631144
9/1/2021
9/1/2022
Each Incident
$10,000,000
Self Insured Retention $0
Aggregate
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage: Builders Risk -All Risk (Flood and Earthquake excluded) Carrier: Illinois Union Insurance Company
Policy Number: 121058671 011
Policy Period: 9/1/2021 - 9/1/2022
Limit Per Occurrence: $40,100,000
Deductible Per Occurrence: $10,000
Coverage: Contractor's Professional & Pollution Liability See Attached...
CERTIFICATE HOLDER CANCELLATION
Proof of Insurance
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City OVINII on No.3 C6 build ji® giq$gutation
Bonding Capacity
TRAVELERS)
RE: Erickson -Hall Construction Co.
To Whom It May Concern:
Local Office:
Travelers Bond
21688 Gateway Center Drive
Diamond Bar, CA 91765
One Tower Square
Hartford, CT 06183
Travelers Casualty and Surety Company of America, has issued surety bonds to Erickson -Hall Construction Co. since 2000, during this time we have favorably considered projects up to $150,000,000 on a single basis and $400,000,000 on an aggregate basis. Our experience with Erickson -Hall Construction Co. has been excellent, and we highly recommend them to you.
Travelers Casualty and Surety Company of America is listed in the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with an underwriting limitation of $209,103,000 and carries an A.M. Best rating of "A++ XIV". Travelers Casualty and Surety Company of America is authorized to issue bonds in the State of California.
As surety for Erickson -Hall Construction Co., Travelers will favorably consider providing a 100% Performance Bond and a 100% Payment Bond for the above captioned project, provided a contract is awarded to, and executed by Erickson -Hall Construction Co.
Please understand that any arrangement for any bonds is a matter between Erickson -Hall Construction Co. and Travelers Casualty and Surety Company of America and we assume no liability to third parties or you if, for any reason, we do not issue the requested bonds.
Travelers Casualty and Surety Company of America expressly reserves the right to review the terms and condition of the contract, contract amount and bond form, evaluate pertinent underwriting data, and verify the adequacy of project financing prior to the issuance of bonds for the referenced project.
Sincerely,
Travnfdmrs Casualty and Surety Company of America
La nce F. McMahon
Attorney -in -Fact
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City A)W J 1 won No. 3 C6 build Jfi�l q4r2*&tation
CITY OF VISTA
INSURANCE AND BONDING REQUIREMENTS
Minimum Scope and Limit of Insurance
Commercial General Liability ("CGL"): Insurance Work 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 $5,000,000 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 Work 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.
The following special endorsements are also required if checked:
4. dcontractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if Project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. [ uilder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.
6. Ca` Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
Surety Bonds
Contractor shall provide the following Surety Bonds if checked:
1. ❑ Bid Bond.
2. V 4ment Bond and Performance Bond.
3. ❑ Maintenance Bond.
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. 000219171
10/11 /2022 C6 79 of 213
Bond No.
Premium: $
Effective Date:
PAYMENT BOND
(LABOR AND MATERIALS)
LD; GP; DWG
APN
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista ("City") has awarded a contract (the "Contract") to ThePrincipal ("Principal") as follows:
Contract Title,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt, full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract ("Claimants"), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
In case suit is brought upon this bond to enforce or interpret this bond's terms, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract.
In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth CITY OF VISTA Page 1 of 2 THEPRINCIPAL
00065304 5 [00065304 31 PAYMENT BOND (LABOR & MATERIALS) 10/11 /2022 C6 80 of 213
below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "'Surety"
THEPRINCIPAL
By:
Signature
Name and Title By:
By:
Signature
Name and Title
(Seal)
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached.
CITY OF VISTA
00065304 5 [00065304 31
10/11 /2022
C6
THEPRINCIPAL
PAYMENT BOND (LABOR & MATERIALS)
81 of 213
Bond No.
Premium: $
Effective Date:
PERFORMANCE BOND
LD; GP; DWG
APN
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista ("City") has awarded a contract (the "Contract") with ThePrincipal ("Principal") as follows:
Contract Title,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.
NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal's liability for City's damages (including direct and consequential damages incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal's delays, as well as Principal's liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
(b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents' terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; (c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors — acceptable to City — to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the CITY OF VISTA Page 1 of 3 THEPRINCIPAL
00065305 5 [00065305 31 PERFORMANCE BOND (FAITHFUL PERFORMANCE) 10/11 /2022 C6 82 of 213
balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor's default; (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
(i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or (ii) Deny liability in whole or in part and notify City, citing the reasons for denial.
If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 3.]
CITY OF VISTA Page 2 of 3 THEPRINCIPAL
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IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
THEPRINCIPAL
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
"'Surety"
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached.
CITY OF VISTA Page 3 of 3 THEPRINCIPAL
00065305 5 [00065305 31 PERFORMANCE BOND (FAITHFUL PERFORMANCE) 10/11 /2022 C6 84 of 213
(?A
CITY OF VISTA
PROJECT NO. 8331
REQUEST FOR PROPOSALS (RFP)
for
DESIGN AND CONSTRUCTION OF FIRE
STATION NO. 3
Submittal Deadline: August 25, 2022 by 2:00PM
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Design / Build RFP
Fire Station No. 3 Replacement (CIP No. 8331)
Table of Contents
1.0 INTRODUCTION...........................................................................................................................
2.0 RESPONSE DATE........................................................................................................................
3.0 PROJECT DESCRIPTION............................................................................................................
4.0 GENERAL OBLIGATIONS OF DB...............................................................................................
5.0 SCOPE OF WORK.......................................................................................................................
6.0 INSURANCE REQUIREMENTS...................................................................................................
7.0 INSPECTION................................................................................................................................
8.0 CHANGE IN GMP AND CONTRACT TIME..................................................................................
9.0 PROJECT COMPLETION.............................................................................................................
10.0 WARRANTIES AND GUARANTEES..........................................................................................
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING...............................................................
12.0 OWNERSHIP OF DOCUMENTS................................................................................................
13.0 PROPOSAL RESPONSE REQUIREMENTS.............................................................................
13.1 Format, Due Date, Quantities.............................................................................................
13.2 General Response Requirements.......................................................................................
13.3 Contents..............................................................................................................................
13.3.1 General Information..................................................................................................
13.3.2 Experience and Technical Competence..................................................................
13.3.3 Proposed Method to Accomplish the Work..............................................................
13.3.4 Project Organization and Key Personnel.................................................................
13.3.5 Financial Arrangements for DBT Members..............................................................
13.3.6 Minimum Contractor Qualifications..........................................................................
13.3.7 Preliminary Costs.....................................................................................................
13.3.8 Preliminary Design and Construction Schedule.......................................................
13.3.9 Exceptions to Project Information.............................................................................
13.3.10 Additional Information.............................................................................................
14.0 PUBLIC DISCLOSURE...............................................................................................................
15.0 PROPOSAL SCHEDULE............................................................................................................
16.0 PROPOSAL SELECTION PROCESS........................................................................................
17.0 PROPSAL EVALUATION CRITERIA.........................................................................................
18.0 CONTRACT TERMS AND CONDITIONS.................................................................................. ..1
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APPENDICES:
APPENDIX A
— Design/Build Standard Contract
APPENDIX B
— Project Vicinity Map
APPENDIX C
— Insurance and Bonding Requirements
APPENDIX D
— Preliminary Cost Worksheet
APPENDIX E
— Building Program
APPENDIX F
— Basis of Design
APPENDIX G
— Images of Fire Department Design Solutions
APPENDIX H
— Building Plans for 1996/1997 Remodel of Fire Station No. 3
APPENDIX I
— Vista Development Code Civic Activity Zone Regulations 10/11 /2022 C6 87 of 213
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Fire Station No. 3 Replacement (CIP No. 8331)
DESIGN/BUILD SERVICES REQUEST FOR PROPOSALS
FIRE STATION NO. 3 REPLACEMENT (CIP 8331)
1.0 INTRODUCTION
1.1 The City of Vista (City), is soliciting proposals from qualified design/build entities (DB) for the Fire Station No. 3 Replacement Project (CIP 8331). The selected DB will provide the City with design and construction services for the project. This Request for Proposals (RFP) includes a description of the project, proposal requirements, criteria for selection, and scope of services to be provided by prospective DBs.
The selected DB must provide a design/build team (DBT) for the Project comprised of professional architects and engineers, sub -consultants and sub -contractors. All DBT members must be licensed/registered in the State of California under their respective professions.
Interested DBs shall review and utilize the data provided in this RFP and Appendices, previous relevant work, and additional resources during the proposal phase, to determine the necessary level of effort required for the Project.
This project will use the "Progressive" design/build delivery method. The project will be delivered in two distinct phases, design and pre -construction (Phase 1) and construction (Phase 2). The Guaranteed Maximum Price (GMP) and schedule will be established after the project has been sufficiently designed, working in collaboration with the City, to meet the project's goals. The City shall maintain control over design definition. The contract will be established on a cost plus fee basis, with a GMP. The contract will require full transparency into the DB's cost, including an ability to be involved in subcontractor procurement and best value selection of subcontractors. The contract will be structured so that all savings are returned to the City.
2.0 RESPONSE DATE
2.1 Proposals for this solicitation must be submitted electronically through the City's Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted.
Proposers must create a free account with OpenGov at:
https://secure.procurenow.com/signup .
Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City's Open Gov portal at:
https://secure.procurenow.com/portal/cityofvista
Proposers must also download this solicitation in order 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 by August 25, 2022 at 2 P.M. (on the dot).
OpenGov 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 on the Proposal Due Date, as described above, will not be considered.
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3.0 PROJECT DESCRIPTION
3.1 The Vista Fire Station No. 3 project site is a .66 acre parcel located at the northwest corner of E. Vista Way and Old Taylor Street (1070 Old Taylor Street, APN 171-231-08) in the City of Vista. The site is currently occupied by an approximately 5,000 square foot fire station. Vista's design/build project includes demolition of the existing facility and construction of a new fire station. Appendix H includes building plans from a 1996/1997 remodel of Fire Station No. 3, which provides information about the site for the new fire station and the existing buildings, which are planned for demolition.
The Fire Station No. 3 site is located in the Civic Activity Zone. The Vista Development Code regulations for the Civic Activity Zone are included in Appendix I. The Architectural and Site Plan reviewing authority for the new fire station is the City's Zoning Administrator.
Vista Fire Station No. 3 will consist of a two-story structure under 10,000 square feet.
The new Fire Station No. 3 will include: three double -deep, drive -through, apparatus bays, with a vehicle exhaust system; a "dirty" restroom and a decontamination shower located near the apparatus bay; an EMS storage room; a turnout/locker room; an extractor/dryer room with crew laundry area; a Captain's office with a desk and guest seating area; a larger Crew office with multiple workstations; seven crew dormitory rooms; three crew restrooms; a kitchen/dining room; a day room to accommodate seven crew members; an exercise room; and, a public lobby and restroom. The fire station will include an elevator, stairs and possibly slide pole(s) or slide(s). Appendix E provides the Building Program in tabular form. The floor plan shall be designed to minimize response time.
In addition, the project will include: boundary walls/fencing to separate public space from private space, with automated gates; a secured parking area for 14 vehicles; visitor parking located outside the secured parking area; two covered outdoor patio areas, one adjacent to the gym and the other to provide an outdoor dining area; outdoor lighting; a lighted flagpole; a covered trash enclosure; a truck wash area; an illuminated building sign, a monument sign, a dedication plaque, safe surrender signage, directional site signage; and, landscape and hardscape.
Further, the project will include: a stationary emergency diesel generator meeting current APCD and EPA regulations, and capable of carrying the full load of all site/station circuits. In addition, the project will include a photovoltaic system designed to provide 100 percent of the energy requirements of the project. The project design and materials will be durable, functional and compatible with the character of the surrounding community. Appendix F includes the Basis of Design document and Appendix G includes Images of Fire Department Design Solutions. The purpose of these appendices is to provide the DB with information on key design components and quality expectations.
Additional items to be addressed in the design and construction of the new fire station include: site design (and grading) to accommodate exiting of emergency vehicles directly to E. Vista Way; a new traffic signal for emergency vehicles exiting to E. Vista Way; and, a return driveway from Old Taylor Street. Following demolition of the existing fire station, grading will be needed to increase the elevation of the site. Increasing the elevation of the site will allow for improved site drainage. An existing VID above -ground regional water facility is located on the site's E. Vista Way frontage. The VID facility will need to be retained in its current location. In addition, the project includes street improvements, curb, gutter and sidewalk, on the E. Vista Way and Old Taylor Street frontages. Further, 4 10/11 /2022 C6 89 of 213
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the project includes undergrounding of the overhead dry utilities along the site's E. Vista Way frontage.
While the new Fire Station No. 3 is under construction, temporary facilities are required to accommodate a five member crew. The renovation of an existing building, located at 1250 Arcadia Avenue, to accommodate temporary use by the Fire Department is an additional component of the project. The temporary fire station remodel work must be designed and constructed prior to commencing demolition of the existing fire station.
The Temporary Fire Station No. 3 component includes renovating an existing residential structure to accommodate five crew members. The site and infrastructure work include:
pavement rehabilitation in the parking area; installation (possibly relocation from the existing Fire Station No. 3 site) of a motorized gate, restriping the secured parking lot to provide 10 vehicle spaces and spaces for a fire truck and an ambulance; minor repair work to the exterior deck to make it safe; upgrading communication systems for internet access and alerting; upgrading the HVAC system; and, upgrading the electrical service panel. In addition, interior renovations will be required, including: reworking two existing restrooms to include shower facilities; reconfiguring the kitchen/dining room area to make the space functional; relocating kitchen appliances, miscellaneous appliances, furniture and electronics from the fire station to be demolished for use at the temporary fire station; creating dorm space from an open room; and, reworking paint and floor coverings, as necessary.
The project budget of $9.9 million includes design and construction of all of the work included in the project description.
4.0 GENERAL OBLIGATIONS OF DB
4.1 The services to be provided by the selected DB are generally to be performed in two "Phases": Design and Pre -construction Services (Phase 1) and Construction Services (Phase 2). The services to be provided in each Phase are specified below in Section 5.0 (Scope of Work). The selected DB shall:
Perform all services, work and obligations as described herein for Phase 1 for a not to exceed price as specified in DB's Preliminary Cost Worksheet (Appendix D). During Phase 1, when the construction documents are approximately 90 percent complete, or at a time mutually agreed upon between the City and the DB, a Guaranteed Maximum Price (GMP) will be established for the Project, which will include, but not be limited to the cost for all labor, equipment, and material to design and construct a fully functional new fire station and a temporary fire station, including: demolition, site work, permitting, and on and off - site improvements in accordance with all applicable rules, regulations, and laws and insurance and bonding. The DB shall provide line items for bonding, insurance and DB contingency in the GMP. The DB fee shall be a percentage of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self -performed work and general conditions. The DB fee shall not be applied to bonds or insurance amounts. Any costs incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings at the end of the Project will be deducted from the GMP and returned to 3 10/11 /2022 C6 90 of 213
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the City. The total cost for Phases 1 and 2 shall not exceed the City's budget of $9.9 million.
4.2 The selected DB shall be obligated as follows:
1. Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.
2. At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this RFP and the Design/Build Contract.
3. Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in the Design/Build Contract.
4. Perform all services as expeditiously as is consistent with reasonable skill and care and complete the services within each and all of the time periods set forth in the Project Schedule.
5. Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency.
6. Perform or subcontract all design services for the Project utilizing qualified, licensed and experienced architects, engineers, and other professionals ("Design Consultants") as included in the DB proposal. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or the Design/Build Contract.
7. Review all technical reports relating to the Project Site; and determine and advise City if any additional studies are warranted prior to execution of the Phase 1 Design/Build Contract.
8. Ensure that DB personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.
9. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.
10. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
a. Not interfere with pedestrian and vehicular access.
Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the 4 10/11 /2022 C6 91 of 213
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Standard Specifications for Public Works Construction and most recent Supplement (" Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures (if required) in accordance with all applicable laws and regulations.
11. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of the Design/Build Contract. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a notice to construct. If, after the date of the Design/Build Contract, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre -construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the effective date of the Design/Build Contract.
12. Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.
13. Adhere to the provisions of all permits and rules and regulations, including those from the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Greenbook"), latest California Building Standards Code (Cal. Code Regs., Title 24) and the City of Vista.
14. Comply with all licensing requirements of the State of California, County of San Diego, and the City of Vista.
15. Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project site. If DB causes damage to any of this property, DB shall replace, or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.
16. Perform Quality Control ("QC"). Review the drawings and specifications in order to identify and correct errors and omissions. Include a detailed review of drawings and designs relative to applicable laws.
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17. Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 4.2.19 by DB or DB's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.
18. DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under the Design/Build Contract. DB shall verify actual site conditions, topography, and facility conditions.
Unanticipated subsurface site conditions.
City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has uncovered or revealed a condition which:
Is of an unusual nature and differs materially from
conditions ordinarily encountered and generally
recognized as inherent in the work required by this RFP and the Design/Build Contract.
Upon receipt of a written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a Change Order as provided in the Design/Build Contract. If City determines there is no bona fide Work scope change or is a minor change, which does not impact GMP or Contract Time, City shall notify DB within ten (10) calendar days.
iii. DB shall not be entitled to an adjustment in the GMP or Contract Time if DB knew or should have known of the existence of such conditions at the time DB submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of DB's obligations pursuant to Sections 5.1 (4) and 5.2 (1).
19. DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in the Design/Build Contract.
Contractor's License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor's State License Board as Class B, General Building Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California, County of San Diego, and City of Vista.
X
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Project Manager and Architect. Throughout all phases of the Project hereunder, the individual project manager, and architect shall be committed to the Project. So long as the Project Manager and Architect remain in the employ of the General Contractor and/or Architect, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
C. City Right to Remove Project Manager, and Architect. Notwithstanding the foregoing provisions of Section 4.2.19, if the Project Manager or Architect, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
Replacement Selection of Project Manager and/or Architect. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Project Manager and/or Architect, or promptly following the discovery by the Design Build Team that any Project Manager or Architect is leaving the employ of the DB or Architect, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld.
20. DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time, unless necessary to protect public health, safety or property.
21. DB shall fully cooperate with City Representative and any of its agents assigned to this project.
22. The DB shall remain in compliance with the City of Vista stormwater protection program and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules.
23. Payment of prevailing wages is required for this project. The DB shall satisfy this requirement by reviewing the State of California schedule of general prevailing wage determination made by the Director of Industrial Relations.
24. All DBT members must have a valid business license with the City of Vista prior to the Design/Build Contract being awarded to the selected DB. 7 10/11 /2022 C6 94 of 213
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5.0 SCOPE OF WORK
5.1 Services required of the DB include those during Design and Pre -Construction and Construction of the Project. The GMP will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program. The scope of work includes the design and construction. Proposals shall confirm that the scope of work identified in this RFP can be accomplished within the City's maximum budget of $9.9 million for all Phases of the Project. The Work consists of, but is not limited, to the following:
Architectural and engineering design services, including structural, civil, stormwater, mechanical, electrical, plumbing, landscape, fire sprinkler, and fire alarm systems
2. Design and construction to renovate the residential structure at 1250 Arcadia Avenue to provide a temporary fire station, including modifications to accommodate five crew members.
The site and infrastructure work include: pavement rehabilitation in the parking area; installation (possibly relocation from the existing Fire Station No. 3 site) of a motorized gate, restriping the secured parking lot to provide 10 vehicle spaces and spaces for a fire truck and an ambulance; minor repair work to the exterior deck to make it safe; upgrading communication systems for internet access and alerting; upgrading the HVAC system; and, upgrading the electrical service panel.
Interior renovations are also required, including, but not limited to:
reworking two existing restrooms to include shower facilities; reconfiguring the kitchen/dining room area to make the space functional; relocating kitchen appliances, miscellaneous appliances, furniture and electronics from the fire station to be demolished for use at the temporary fire station; creating dorm space from an open room; and, reworking paint and floor coverings, as necessary.
3. Abatement and demolition of the existing Fire Station No. 3 and surrounding ancillary facilities, including: removal, implementing material recycling/diversion program for the demolition debris, and proper disposal of demolition debris.
4. Geotechnical Engineering, testing, investigation, and observation.
5. Material testing and special inspection services.
6. Survey, layout, and staking.
7. Submittals and approvals from all agencies having jurisdiction.
8. Design and construction of street improvements on Old Taylor Street and E. Vista Way.
9. Design and construction of a traffic signal to facilitate emergency vehicles exiting directly onto E. Vista Way.
10. Design and construction of dry utility undergrounding on the project's E. Vista Way frontage.
11. Fire Station No. 3 design, engineering and project management. n.
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12. Supervision, safety program, quality assurance/quality control, and site security.
13. Construction, materials, equipment, labor and supplies.
14. Soil import/export, on -site grading, and off -site grading as required. Construction and coordination with utilities regarding communication loops and connections, for complete and operating systems.
15. Startup of systems and equipment and commissioning.
16. Coordination and scheduling of work.
17. Insurance and bonding.
18. Facilities and services required for construction of the Project including, but not limited to: temporary office facilities, signage, fencing for site control, etc.
19. Design and installation of communications, alerting, and alarm, including both backbone and secondary distribution to equipment. The DB will coordinate with the City representative who will specify, purchase and install computer systems in coordination with the DB. The DB will be responsible for designing the alerting system and providing the alerting system equipment for the Temporary Fire Station and the Fire Station. The alerting system used by the City is ComTech.
20. Design, purchase and install furniture, fixtures and equipment (FF&E). During Phase 1, work with the team to evaluate whether some FF&E items are suitable for reuse in the new fire station and provide interior design sufficient to identify recommended FF&E items. Provide a detailed list of FF&E items for review by the City. Include the purchase and installation of the items approved by the City in the GMP. Purchase and install all FF&E items in Phase 2.
21. Meetings, reporting, and documentation including preparation and proper submittal of certified payroll.
22. Coordination, scheduling and conducting of progress meetings with City representatives and the Architect as required and directed by the City.
23. Compliance of the design and construction with all applicable codes, ordinances, regulations, and requirements of agencies having jurisdiction over the Project.
24. Operation and start-up tasks and delivery of As -Built Drawings and warranties.
5.2 The process and requirements for implementing The Work consists of, but is not limited to, the following:
The City and the DB shall work together to agree on the Phase 1 not -to -exceed cost and scope for design and pre -construction work, including any supplemental field investigations to support the design and pre -construction. DB will work collaboratively with City staff on development of the design. The basis of design, scope of services, project schedule and budget shall all be important factors in project design. Cost estimates will be progressively developed and refined, allowing the City to modify priorities and requirements, if necessary, based on overall budget. Constructability review and value engineering process will be ongoing throughout the pre -construction phase.
2. The DB shall develop its cost estimate in a transparent and open -book manner concurrent with design development to create an acceptable cost (including 9 10/11 /2022 C6 96 of 213
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contingency) to which the DB's proposed fee and other fixed allocations or allowances will be added to establish a mutually agreed -upon GMP. Subcontract bid packages shall be bid to open market and subcontractors shall be selected, in consultation with City Representative, on the basis of best value. The GMP shall be established at a point in the progression of project design mutually agreed upon between the DB and City representative. An amendment to the contract between the DB and City shall be processed to establish the GMP.
3. Design and construction shall be consistent with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement(s) ("Green book"), the latest California Building Standards Code (Cal. Code Regs., Title 24), the current edition of the Vista Standard Special Provisions, the current Edition of the Regional Standard Drawings, and, the current edition of the Vista Construction Standards.
4. The Construction Phase encompasses all scope performed by the DB beyond the work included in Phase 1. After the execution of the Contract Amendment to establish the GMP, some Phase 1 and Phase 2 work may be undertaken concurrently.
5. Construction Work shall be performed in strict accordance with the approved design documents and the Contract.
6. All Construction Work shall be subject to prevailing wages and shall represent the complete and total cost to furnish, deliver to the site, and install the materials, equipment, labor, and services defined as Construction Work.
6.0 INSURANCE REQUIREMENTS
6.1 The DB shall comply with the insurance and bond provisions set forth in Appendix C.
7.0 INSPECTION
7.1 It shall be the responsibility of DB to call for, coordinate and schedule all Project inspections by the City. Further, all required special inspections shall be the responsibility of the DB.
7.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Project site at reasonable times for this observation, inspecting and testing. The DB shall provide them proper and safe conditions for such access and advise them of DB's safety procedures and programs for compliance.
8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order using the procedures provided in the Design/Build Contract. Change Orders shall be issued only under the following circumstances:
The City directs DB to perform Additional Services or City Changes.
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9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City may fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion Punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City as outlined in the Design/Build Contract, including but not limited to As -Built Drawings, and warranties; (5) and delivery to City of a Certificate of Completion duly verified by DB.
9.3 The DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.
9.4 The DB shall provide final record drawing documents ("As -Built Drawings") to the City at the end of construction in the form of one (1) set of reproducible mylar plans and one (1) electronic copy (format to be mutually agreed upon). As -Built Drawings are to be accurate and legible records showing all components of the Project and their exact locations.
9.5 The DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB's filing protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of the Project. All information shall be assembled in such a fashion to fit into a standard file drawer and organized by CSI codes; furnish one (1) hardcopy and an electronic copy on data disk. This copy is in addition to those provided during the course of construction for comment.
10.0 WARRANTIES AND GAURANTEES
10.1 The DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as directed by City. DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.
10.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction 11 10/11 /2022 C6 98 of 213
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Documents. The Design/Build Contract will contain provisions addressing this issue and steps to correct defective work.
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING
11.1 The DB shall maintain, during the Project implementation time and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed for the Project. City will have the right at any time including during the performance of all Phases of the Project to audit and copy all such records.
12.0 OWNERSHIP OF DOCUMENTS
12.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work required by this Project Information shall be the property of the City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, and documents to the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB shall, upon request, be made available to The City. The City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files. Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Design/Build Contract, or otherwise. This covenant shall survive the termination of the Design/Build Contract.
12.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that the City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold the City harmless of any loss, claim or liability in any way related to a claim that the City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. If DB has reason to believe the use of a required design, process or product is an infringement of a patent, DB shall be responsible for such loss unless such information is promptly given to the City in writing.
13.0 PROPOSAL RESPONSE REQUIREMENTS
13.1 Format, Due Date, Quantities:
IN
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Proposals for this solicitation must be submitted electronically through the City's Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted.
Proposers must create a free account with OpenGov at:
https://secure.procurenow.com/signup
Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City's OpenGov portal at:
https://secure.procurenow.com/portal/cityofvista
Proposers must also download this solicitation in order 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 by August 25, 2022 at 2 P.M. (on the dot).
OpenGov 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 on the Proposal Due Date, as described above, will not be considered.
13.2 General Response Requirements:
1. The City desires to receive proposals from qualified and experienced DBs who demonstrate significant knowledge of fire station design and construction management, and experience and successful performance on public sector projects of comparable magnitude involving a GMP incorporating both design and construction.
2. The proposal should be concise, well organized and demonstrate the DB's qualifications and experience applicable to the Project. The proposal shall be inclusive of resumes, graphics, forms, pictures, photographs, cover letter, etc.
Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and word processing. Proposal shall be limited to 15-pages excluding dividers, resumes, forms, defined attachments, cover letter, and front and back covers.
13.3 Contents:
Proposals submitted in response to this Project Information shall be in the following order and shall include:
13.3.1 General Information
1. Executive Summary.
2. Include a one to two -page overview that highlights DB approach and DB's commitment to meet or exceed the City's objectives and ensure a successful project built on time and within budget.
3. Identification of each DBT member and relationship to the contracting entity. Provide Secretary of State Entity Number and California Department of Industrial Relations Number for each DBT member.
4. Legal name and address.
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Legal form of company (partnership, corporation, joint venture, etc.). If joint venture identify the members of the joint venture and provide all information required under this section for each member.
If company is wholly owned subsidiary of a "parent company," identify the "parent company."
Addresses of offices located in San Diego County, if any. Number of employees in San Diego County.
Name, title, address and telephone number of person(s) to contact concerning the proposal.
13.3.2 Experience and Technical Competence
Describe DB's experience in completing similar public design/build projects. Include two (2) recent (within the last 5 years) successfully completed design/build municipal and/or Essential Facilities projects working with the proposed Architect. Provide the name of the Public Agency's Project Manager, phone number, email address, project type and description and the total value of completed construction. Projects currently in process may be submitted for consideration.
13.3.3. Proposed Method to Accomplish the Work
Discuss the DB's understanding of the project, and any suggestions or special concerns that the City and the DB should address for a successful project. Provide a narrative rendition of the technical and management approach proposed for the project and detailed scope of work. Discuss lines of communication necessary to maintain inspection, design, construction and delivery schedules.
Propose plan to verify actual site conditions, topography, and facility conditions.
Describe how the DBT will participate together in design review, constructability review, estimating, value engineering, scheduling and phasing, and construction methods.
4. The DB shall describe method to develop GMP including, but not limited to, the following:
a. Estimating approach
b. Procurement of Equipment and Material provided by Vendors c. Subcontractors
d. Other Direct and Indirect Costs
13.3.4 Project Organization and Key Personnel
Provide an organizational chart and brief explanation of project team organization, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime consultant and all sub -consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc. Indicate extent of commitment of key personnel (i.e., Project Manager, Architect) for duration of Project and 14 10/11 /2022 C6 101 of 213
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furnish resumes of key personnel. Provide indication of staffing level for the Project. Two -Page Resumes shall be included in the appendix of the proposal and will not count toward the page limit.
DB's evaluation will consider its entire team, therefore no changes in team composition will be allowed without prior written approval of the City. Describe DB's capacity to perform the work within the time limitations, considering DB's current and planned workload and DBT's workforce.
13.3.5 Financial Arrangements for DBT Members
If the DBT is a Joint Venture Team, the DB shall address the proposed financial arrangements between the Joint Venture members as they relate to liability to the City for work to be performed. DB shall submit a team members' list indicating scope of work, and approximate percentage of contract. Team members must be named on said list if they are anticipated to receive more than $20,000 or more than one-half of one percent (1 %), whichever is less.
13.3.6 Minimum Contractor Qualifications
1. DB submitting qualifications must include a contractor who possesses the applicable California Contractor's license. DB must also submit evidence of financial capability to be bonded for such projects. DB must also include architectural/engineering entity (individual(s) or firm(s)) and sub -consultants with appropriate licenses in the State of California for the complete anticipated scope of work.
2. DB shall have completed a minimum of two design/build projects within last five years.
3. Project Manager and Architect shall each have completed two design/build projects in last five years.
4. Minimum bonding capacity shall be $10 million.
13.3.7 Preliminary Costs
Complete Preliminary Cost Worksheet in format detailed in Appendix D.
The Preliminary Cost Worksheet requests costs for design and pre - construction. The DB's Fee percentage for construction and change orders and costs for General Conditions/General Requirements are also requested. In addition, percentages for payment and performance bonds, liability insurance and builder's risk insurance are requested. a. The Preliminary Cost Worksheet will be used to negotiate the cost for Phase 1 (Pre -construction and Design services). b. The Preliminary Cost Worksheet will be used to negotiate the Phase 2 costs for General Conditions and General
Requirements, Design Builder Fee for Construction Services and change orders and Design Builder Construction Contingency during GMP discussions.
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C. Clearly note all assumptions that were used to complete the Preliminary Cost Worksheet.
d. Note that Special Inspections and soil compaction and materials testing shall be included in the DB's scope of work.
2. Project General Conditions/General Requirements: Provide an additional detailed spreadsheet that completely outlines the Project's general conditions/requirements, including staffing, quantities, units, unit costs and totals.
3. Change Orders: Provide a proposed DB Fee for change orders.
4. Provide Payment, Performance Bond, and Insurance Rates.
5. Provide brief analysis regarding whether DB believes the project can be completed for the City's $9.9 million budget.
13.3.8 Preliminary Design and Construction Schedule
Provide Preliminary Design and Construction Schedule. This schedule should reflect all major design and construction activities. The City's target date for completion of design and permitting is June 2023.
September 24, 2024, is the City's target date for final completion of construction. Outline any concerns regarding the DB's ability to meet these target dates.
13.3.9 Exceptions to the Project Information
The DB shall certify that it takes no exceptions to the Project Information including the Design/Build Standard Contract included in Appendix A. If the DB does take exception(s) to any portion of the document, the specific portion to which exception is taken shall be identified and explained.
13.3.10 Additional Information
This section shall contain all the other pertinent information that is required to be submitted with the proposal in the following order:
Description of insurance coverage for prime respondent and co -venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims).
Provide description of your company's safety policy and how it would be implemented on this job.
Indicate if contractor proposes to self -perform any work, and if so, what trades. Also indicate if contractor has any union signatory agreements.
Provide approximate self -performance value based on scope of work.
14.0 PUBLIC DISCLOSURE
14.1 All proposals submitted in response to this Project Information become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records 16 10/11 /2022 C6 103 of 213
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in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DB believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DB considers such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure
15.0 PROPOSAL SCHEDULE
15.1 The solicitation receipt and evaluation of proposals and the selection of the DB will conform to the following schedule (Note: Dates are subject to change):
■ RFP release by the City — July 15, 2022
■ Deadline for questions — July 28, 2022
■ Addendum(s) release — August 4, 2022
■ Proposals due —August 25, 2022, at 2:00 PM
■ DB shortlist & interview (if needed) — August 29- September 2, 2022 ■ Notice of DB selection — September 6, 2022
■ Complete negotiation of contract— September 20, 2022
■ Council award — October 18, 2022
Any interviews (if needed) will include presentations followed by questions and answers.
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, OpenGov.
All questions must be submitted by the Question Submission Deadline listed in OpenGov.
16.0 PROPOSAL SELECTION PROCESS
16.1 Award will be based on best value not lowest responsible respondent. Design and construction expertise, relevant team experience, experience in similar projects, rates and fees, will be significant factors. City reserves the right to discuss and negotiate scope, costs, and schedule as needed. At any time prior to the City of Vista executing a Design/Build Contract with the selected firm, if that DB cannot meet any of the RFP conditions, the City of Vista has the option of selecting another DB. Contracts will be awarded in accordance with the Vista Municipal Code.
16.2 Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non -responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP that is immaterial.
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17.0 PROPOSAL EVALUATION CRITERIA
17.1 Selection of the DB will be based on best value, not on lowest responsible respondent.
Proposals shall be evaluated and ranked based on best value as determined by the following evaluation criteria and relative weights of importance:
25% - 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. Experience as a team is an important consideration.
20% - The experience of key DB and Architect personnel working on municipal and/or Essential Facilities projects together. Fire station projects with a design/build delivery method will be evaluated most positively.
20% - Costs, including pre -construction costs, General Conditions/General Requirement costs, DB Fees, and payment and performance bond and insurance rates. Also, the appropriateness of staffing levels as indicated in the DB costs for Pre -Construction Services and General Conditions/General Requirements, as summarized on the Preliminary Cost Worksheet (Appendix D), and presented in more detail in back-up provided by the DB.
4. 20% - Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner, including Design and Construction Schedule. Demonstration of understanding of the role of teamwork for a successful progressive design/build project.
5. 15% - Combination of the following factors:
a. Conformance to the specified Project Information
requirements and format.
b. Organization, presentation, and content of the submittal.
C. Knowledge and understanding of the State and local
environment and a local presence for interfacing with the City.
d. Financial resources and stability of the principal
consultant and/or DBT.
Ability to meet the insurance requirements unless City, at its sole discretion, decides to modify or waive the
insurance requirements or elects to provide project
insurance.
All evaluation criteria are subject to change via an addendum to this RFP.
W.
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18.0 CONRACT TERMS AND CONDITIONS
18.1 Issuance of this Project Information does not commit City to award a contract, or to pay any costs incurred in the preparation of a response to this request. City retains the right to reject any or all submittals. Selection is dependent upon the negotiation of a mutually acceptable contract with the selected DB. No modifications to the standard contract language will be granted.
18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt.
18.3 All insurance shall be provided at the sole cost and expense of the selected DB, unless the requirement is modified or waived by the City. City reserves the right to modify the insurance limits or to substitute project insurance during contract negotiations. 19 10/11 /2022 C6 106 of 213
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Appendix A
Design/Build Standard Contract
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DESIGN / BUILD SERVICES FOR THE
FIRE STATION NO. 3 PROJECT
CIP NO. 8331
THIS AGREEMENT is made and entered into as of (Contract Date) by and between the CITY OF VISTA ("City"), a chartered municipal corporation, and XXX ("Design Builder or DB"). City and DB are sometimes individually referred to as "Party" and collectively as "Parties".
RECITALS
1. On XXX, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the Fire Station No. 3 Project —CIP No. 8331; and
2. XXX firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, costs, and financial resources and with whom City could negotiate an agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed by DB
1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Fire Station No.3 Project (Exhibit 1 attached hereto and incorporated herein), Fire Station No. 3 Project — CIP No. 8331 shall include, but not be limited to all components outlined and described in Exhibit 1.
1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.
1.3 The DB shall:
1.3.1 Perform design and pre -construction services (Phase 1) on a fixed fee basis for an amount not -to -exceed $XX, as specified in DB's Preliminary Cost Worksheet. At 90% complete construction documents, or at an alternative time mutually agreed upon between the City and DB, the DB shall propose a Guaranteed Maximum Price (GMP) which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase II Project in accordance with all applicable rules, regulations, and laws.
If the Parties agree to DB's proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase II of the Project. Under the amendment, the DB fee shall be XX% of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self -performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City. 00105692 11
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1.3.2 Provide the proposed GMP to City by XXX, 20XX, and complete the Phase I design services by XXX, 20XX, including City approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.
Section 2: General Obligations of City
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is/are authorized to act on behalf of City with respect to the Project, except as to those decisions that require authorization by the Vista City Manager or Vista City Council.
2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB's services per the schedule in Exhibit 1.
2.1.3 At the request of DB, City will use its best efforts to provide DB with any available information about the Project Site, including the information contained in the RFP Appendices; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to DB the accuracy or completeness of any such information.
2.1.4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.
2.1.5 Make payments to DB in the amounts and in accordance with the terms set forth below.
2.1.6 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1.
2.1.7 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2.
2.2 City Review Process. City shall review the Schematic Design, Design Development, and 90% and 100% Construction Drawings (CD's), including project specifications, which shall allow construction of Project in conformity with the RFP (including Appendices).
2.2.1 For each DB submission, City shall have ten (10) working days to review, approve, conditionally approve or deny said set of documents.
Section 3: General Obligations of DB
3.1 DB shall be obligated as follows:
3.1.1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.
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3.1.2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.
3.1.3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule (Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide monthly progress billings during Phase 1 and Phase 2 in forms approved by the City.
3.1.4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule (Exhibit 1).
3.1.5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.
3.1.6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced architects, engineers, and other professionals ("Design Consultants") as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.
3.1.7 Provide cost estimating, constructability review, and value engineering services that take into consideration long-range maintenance costs, energy efficiency, and the impact of the operation of the Project. Provide cost estimating to the City throughout the design process, with complete cost estimates to be provided at the completion of schematic design, at the completion of design development, and at the time the GMP is proposed (90% CD' s or at an alternative time mutually agreed to by the City and DB).
3.1.8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.
3.1.9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.
3.1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
3.1.10.1 Not interfere with pedestrian and vehicular access.
3.1.10.2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all 00105692 1
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DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures, if required, in accordance with all applicable laws and regulations.
3.1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre - construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.
3.1.12 Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.
3.1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Greenbook") and the City of Vista.
3.1.14 Comply with all licensing requirements of the State of California and the City of Vista.
3.1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time.
DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.
3.1.16 Perform Quality Control ("QC"). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.
3.1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB's agents, employees, design consultants and contractors; such costs, damages and 00105692 1
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liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.
3.1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions.
3.1.18.1 Unanticipated subsurface site conditions.
3.1.18.1.1 City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has
uncovered or revealed a condition which:
3.1.18.1.1.1 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/Build Contract.
3.1.18.1.1.2 Upon receipt of a written notice, City
shall promptly investigate and if it determines
the conditions do materially differ, requiring a
change in the Work, City shall commence the
processing of a Change Order pursuant to
Section 14 of the Design/Build Contract. If
City determines there is no bona fide Work
scope change or is a minor change, which
does not impact GMP or Contract Time, City
shall notify DB within ten (10) calendar days.
3.1.18.1.1.3 DB shall not be entitled to an
adjustment in the GMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered.
3.1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in this Agreement.
3.1.19.1 Contractor's License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor's State License Board as a Class B General Building Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish "key personnel" who shall remain on the Project until Final Completion. If any 00105692 1
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such "key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California and City of Vista.
3.1.19.2 Project Manager and Project Architect. Throughout all phases of the Project hereunder, the individual project manager, and project architect shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Architect Engineer remain in the employ of the General Contractor and/or Architect, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
3.1.19.3 City Right to Remove Project Manager, and Project Architect.
Notwithstanding the foregoing provisions of Section 3.1.19, if the Individual Project Manager or Project Architect, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
3.1.19.4 Replacement Selection of Project Manager and/or Project Architect. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Architect, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Architect is leaving the employ of the DB or Architect, as the case may be, the
replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld.
3.1.20 DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.
3.1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.
3.1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, the County of San Diego's stormwater protection program, and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules. 00105692 1
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Section 4: Work Restriction and Biddina Reauirement
4.1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB's own name, with the bidder who in DB's discretion, in consultation with the City Representative, best meets the monetary, time, and performance requirement of the Project.
DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.
4.2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests.
Section 5: DB's Phase I Services and Obligations — Design Services
5.1 DB's services in Phase I shall include those specified in Section 5.1.1 of the RFP.
Section 6: DB's Phase II Services and Obligations — Construction Services
6.1 Contingent on City's approvals during Phase I and a Contract Amendment to include the Construction Schedule, GMP, and other applicable provisions, DB's services in Phase II shall include those specified in Section 5.1.2 of the RFP.
Section 7: INTENTIONALLY LEFT BLANK
Section 8: INTENTIONALLY LEFT BLANK
Section 9: Additional Services
9.1 City will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of _% of the total additional labor, equipment, and material costs. This fee includes DB's profit. Bond and insurance costs will be paid in addition to the DB fee in accordance with the percentages in the Preliminary Cost Worksheet.
9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City shall negotiate the additional costs.
9.4 If at any time DB contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that DB intends to seek additional compensation beyond the GMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City. 00105692 1
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Section 10: Bonds
10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all DB's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the amount of 100% of the GMP amount
10.2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City.
Section 11: Insurance
11.1 The insurance provisions shall meet the requirements of Exhibit 2 which shall not be construed to limit DB's indemnity obligations contained in this Agreement.
Section 12: Inspection
12.1 DB shall be responsible for all specialty inspection and material testing and inspections.
The City shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB's safety procedures and programs so that they may comply.
12.3 DB will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB' s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out and carried as a line item in the construction cost. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, DB shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re -inspection and re -testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction 00105692 1
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Documents. DB shall give City timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours' notice for inspections.
12.4 City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.
Section 13: DB GMP for Services and Reimbursements
13.1 DB shall submit to City 90% CD's for plan check. Upon the approval of the 90% CD's (or at an alternative time agreed upon by the City and DB), DB shall, within twenty (20) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD's; provided that:
13.1.1 Said GMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.
13.1.2 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse DB for the exact amount of subcontract, self -performed work or invoice amount.
No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.
13.1.3 The GMP shall include a DB Contingency Fund which can be used by the DB with City approval. If the Parties mutually agree that there is a sufficient surplus, the DB Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to DB's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of DB or its Contractors/subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City approval.
13.1.4 DB shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP.
13.2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $XXX, as specified in DB's Preliminary Cost Worksheet. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Services under this Agreement, DB shall be compensated by the GMP sum to be determined at 90% construction documents (or at an alternative time agreed upon by the City and DB). Said amounts for the Phase I and Phase II Services shall not be exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the GMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:
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