ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C8
Prepared by:
Jeanette Bradshaw, Capital Projects Manager
Erin Adams, Administrative Programs Manager Meeting Date: August 12, 2025 Approved by:
Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: CIP NO S. 8375, 8376 & 8377 – THREE TRAFFIC SIGNALS PROJECT – FIRST AMENDMENT TO THE AGREEMENT WITH DBX, INC.
RE
COMMENDATION:
1. Adopt City Council Resolution No. 2025- , approving the first amendment to the agreement with DBX, I
nc. for design/build services for the Three Traffic Signals Project (CIP Nos. 8375, 8376 & 8377).
2. Adopt City Council Resolution No. 2025- , amending the Capital Project Budget for Fiscal Years 2024/25 and 2025/26.
CO
RRELATION TO CITY COUNCIL GOALS: Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
P
RIOR ACTION: On December 10, 2024 , adopted City Council Resolution No. 2024- 195, approving an agreement with DBX, Inc. for design/build services for the Three Traffic Signals Project (CIP Nos. 8375, 8376 & 8377) (Vote: 5-0).
A
comprehensive list of prior City Council actions is included as Exhibit 3.
S
TATEMENT ON THE SUBJECT: The City Council directed staff to proceed with the design and construction of traffic signals at three intersections as outlined in the Prior Actions in Exhibit 3. The Three Traffic Signals Project will construct traffic signals at the intersections of S. Melrose Drive and Dawson Drive (CIP 8375), N. Melrose Drive and Ascot Drive (CIP 8377), and E. Vista Way and Franklin Lane (CIP 8376).
The designs are cyclist and pedestrian friendly including ADA curb ramps, crosswalks, signing and striping, fiber-optic interconnect, CCTV cameras, and traffic signal timing.
Fi
rst Amendment to the Design-Build Agreement. On December 10, 2024, the City Council awarded the Design-Build Team (DBT) of DBX, Inc. (DBX) the design portion of the project. The DBT has completed the design, and staff has negotiated a Guaranteed Maximum Price (GMP) with the DBT and recommends approval of the first amendment to establish the GMP of $2,505,505. The proposed amendment to the agreement with D BX e stablishes the GMP and allows the DBT to begin Phase 2 construction, operation/startup services as specified in the original agreement (Exhibit 5).
FI
SCAL IMPACT: The cost of this amendment is $1,951,025, which covers construction costs for the project. Phase 1 design services were $554,480, which brings the new contract ceiling to $2,505,505 for DBX to provide design-build services for the design and construction of the Three Traffic Signals Project, AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
08/12/2025
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MEETING DATE: AUGUST 12, 2025 PAGE 2
SUBJECT: CIP NOS. 8375, 8376 & 8377 – THREE TRAFFIC SIGNALS PROJECT – FIRST AMENDMENT TO THE AGREEMENT WITH DBX, INC.
Phase 2. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in the following Source Appropriation Accounts:
• 1106595.
578999.8375
• 0026555.578999.8376
• 1106595.578999.8376
• 0026600.578999.8377
• 1106580.578999.8377
I
n order to use the most restrictive funding first, approval of this staff request will also amend the Capital Project Budget for Fiscal Years 2024/25 and 2025/26 by appropriating $149,991.61 in deferred street construction funds to CIPs 8375, 8376 and 8377.
E
XHIBITS:
1. City Council Resolution No. 2025- , approving the second amendment to the agreement with DBX, Inc. for design/build services for the Three Traffic Signals (CIP Nos. 8375, 8376 & 8377)
2. City Council Resolution No. 2025- , amending the Capital Project Budget for Fiscal Years 2024/25 and 2025/
26 3. List of Prior Council Actions
4. First Amendment with DBX, Inc.
5. Original Agreement with DBX, Inc.
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0 0029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DBX, INC. FOR DESIGN/BUILD SERVICES FOR THE THREE TRAFFIC SIGNALS PROJECT (CIP NOS. 8375, 8376 & 8377) The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On December 10, 2024 the City entered into an agreement with DMX, Inc. for design / build services for the Three Traffic Signals Project (CIP Nos. 8375, 8376 & 8377).
B. The City now desires to amend the agreement with DBX, Inc. to establish the Guaranteed Maximum Price (GMP) of $2,505,505.
2. Action.
A. The First Amendment to the agreement between the City of Vista and DBX, Inc. for design / build services for the Three Traffic Signals Project establish the Guaranteed Maximum Price (GMP) of $2,505,505 is approved, and the Mayor is authorized to execute the amendment.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 12, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250730152509
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
08/12/2025
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EXHIBIT 1
00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2024/25 AND 2025/26
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On June 11, 2024, the City Council adopted Resolution 2024-86 approving the Six-Year Capital Improvement Program, the Capital Project Budget for Fiscal Years 2024/25 and 2025/26, and authorizing appropriations for Fiscal Years 2024/25 and 2025/26 capital projects.
B. The City Council desires to amend the Capital Project Budget at this time to reflect changed circumstances.
2. Action.
A. The Capital Project Budget for Fiscal Years 2024/25 and 2025/26 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 12, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20240917152617
08/12/2025
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EXHIBIT 2
RESOLUTION NO. 2025-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1
EXHIBIT A
1. Account Number Account Description Increase Decrease 1280000.310410 Deferred Street Construction - Fund Balance 149,991.61$ 1286565.578999.8375 Source Appropriation 64,480.31$
1286565.578999.8376 67,311.07$
1286565.578999.8377 18,200.23$
Appropriations are hereby made to fund the Three Traffic Signals Project (CIP Nos. 8375, 8376 and 8377). 08/12/2025
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Exhibit 3
Prior City Council Actions
Three Traffic Signals Project
On June 11, 2024, adopt
ed City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).
On January 9, 2024, discussed the construction of a traffic signal at the intersection of N.
Melrose Drive and Ascot Drive and directed staff to move forward with design and bid process using funds from RTCIP and to create a temporary left turn lane in the interim. (Vote: 5-0) On October 24, 2023, discussed traffic operations at the intersection of N. Melrose Drive and Ascot Drive and directed staff to identify funding and move forward with construction of a raised median on N. Melrose Drive at Ascot Drive. (Vote: 5-0).
On October 10, 2023, discussed a proposal to install a new traffic signal at the intersection of E.
Vista Way and Franklin Lane and directed staff to look at artistic crosswalks, costs/concepts for a median break, traffic signal and crosswalk. (Vote: 5-0) On September 26, 2023, discussed the construction of a traffic signal at the intersection of S.
Melrose Drive and Dawson Drive and directed staff to identify funding and move the project forward. (Vote: 4-1, Mayor Franklin opposed)
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EXHIBIT 3
00098064 4
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND DBX, INC. FOR DESIGN / BUILD SERVICES FOR THE THREE TRAFFIC SIGNALS PROJECT (CIP NOS. 8375, 8376 & 8377)
THIS FIRST AMENDMENT (“First Amendment”) to the Contract between the City of Vista and DBX, Inc., dated December 10, 2024 (“Contract”), is made and entered into as of _______________________ (“First Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and DBX, Inc., a California corporation (“Contractor”).
Recitals: City and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. The Guaranteed Maximum Price (GMP) for construction of the Three Traffic Signals Project, is hereby established as $2,505,505, which includes $554,480 in preconstruction and design services for Phase I, in accordance with Section 1.3 of the Contract.
A breakdown of the GMP is included in Exhibit A.
2. The construction schedule is established and set forth in Exhibit B.
3. The City Engineer is directed to approve the 100% construction documents prior to Written Notice to Proceed with Construction Services pursuant to Vista Municipal Code Section 2.30.020.B.
4. All other conditions of the Contract not specifically amended or superseded by the terms herein shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Allegra Frost
20250722163636
DBX, INC., a California corporation
By:
NAME/Title
By:
NAME/Title
08/12/2025
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EXHIBIT 4
Contract Amendment
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
00098064 4
Contract Amendment
00098064 4
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
08/12/2025
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Three Traffic Signal Design
DBX Inc
7/22/2025
Item # Quantity Unit Unit Price Amount
1 1 LS
$25,000.00 $25,000.00
2 1 LS $35,000.00 $35,000.00
3 1 LS $15,000.00 $15,000.00
4 1 LS $8,000.00 $8,000.00
5 1 LS $10,000.00 $10,000.00
6 1 LS $112,900.00 $112,900.00
7 1 LS $75,830.00 $75,830.00
8 1 LS $201,968.00 $201,968.00
9 1 LS $442,180.00 $442,180.00
10 1 LS $359,744.00 $359,744.00
11 1 LS $463,551.00 $463,551.00
12 1 LS $14,283.00 $14,283.00
13 1 LS $27,044.00 $27,044.00
14 1 LS $20,000.00 $20,000.00
$1,810,500.00
$90,525.00
$50,000.00
$1,951,025.00
Mobilization
Traffic Control
Surveying
Water Pollution Control
Clearing and Grubbing / Site Demolition
90% ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Item Description
NOTE: This GMP includes full compensation for all costs incurred by DB including, but not limited to labor, equipment, material, overhead, profit, licenses, insurance and all other associated costs.Unless additional services are requested.
Traffic Signal Improvements
(Melrose Dr & Dawson Dr)
Traffic Signal Improvements
(Vista Way & Franklin Ln)
Civil Improvements
(Melrose Dr & Dawson Dr)
Signing and Striping Improvements
(Melrose Dr & Dawson Dr)
Total:
Traffic Signal Improvements
(Melrose Dr & Ascot Dr)
Signing and Striping Improvements
(Vista Way & Franklin Ln)
Sub Total:
Contingency (5%):
Signing and Striping Improvements
(Melrose Dr & Ascot Dr)
Civil Improvements
(Melrose Dr & Ascot Dr)
Civil Improvements
(Vista Way & Franklin Ln)
STC Construction Management
Exhibit A
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Melrose Dr & Dawson Dr
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 4 EA $13,750.00 $55,000.00
2 14 CY $275.00 $3,850.00
3 6 TON $825.00 $4,950.00
4 6 CY $440.00 $2,640.00
5 6 CY $660.00 $3,960.00
6 1 EA $38,500.00 $38,500.00
7 2 EA $2,000.00 $4,000.00
$112,900.00
Melrose Dr & Ascot Dr
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 1 EA $16,500.00 $16,500.00
2 2 CY $1,100.00 $2,200.00
3 1 TON $2,750.00 $2,750.00
4 1 CY $2,750.00 $2,750.00
5 2 EA $2,500.00 $5,000.00
6 1 EA $2,000.00 $2,000.00
7 1 LS $2,500.00 $2,500.00
8 38,300 SF $1.10 $42,130.00
$75,830.00
Construct Type C Curb Ramp with Yellow Truncated Domes per SDRSD Drawing No. G-29
90% ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Civil Improvements
Item Description
Unclassified Excavation
Construct 4” Min. AC Pavement
Construct 8" Min. AB
Backfill Excavated PCC Sidewalk with Native Soil and Mulch.
Construct Block Retaining Wall and Pad for TS Cabinet, BBS Cabinet, and Service Pedestal. (18' x 5')
Remove and Salvage Existing Street Light Pole. Break Down Foundation 3' Below Grade. Repair Surface in Kind.
Sub Total:
Project:
Prepared By:
Date:
Civil Improvements
Item Description
Construct Type C Curb Ramp with Yellow Truncated Domes per SDRSD Drawing No. G-29
Unclassified Excavation
Construct 4” Min. AC Pavement
Construct 8" Min. AB
Sub Total:
Install Pedestrian Barricade
Remove and Salvage Existing Street Light Pole. Break Down Foundation 3' Below Grade. Repair Surface in Kind.
Remove and Salvage Existing Bollards.
Type 2 Slurry Seal
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E. Vista Way & Franklin Lane
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 2 EA 16,500.00 33,000.00
2 1 EA 18,700.00 18,700.00
3 152 CY 138.00 20,976.00
4 58 TON 330.00 19,140.00
5 59 CY 138.00 8,142.00
6 5 CY 220.00 1,100.00
7 9 CY 220.00 1,980.00
8 14 CY 220.00 3,080.00
9 17 CY 825.00 14,025.00
10 8 CY 1,650.00 13,200.00
11 150 LF 50.00 7,500.00
12 5 CY 1,650.00 8,250.00
13 1 EA 2,000.00 2,000.00
14 18,750 SF 1.10 20,625.00
15 1 LS 550.00 550.00
16 1 LS 13,750.00 13,750.00
17 1 LS 10,450.00 10,450.00
18 1 LS 5,500.00 5,500.00
$201,968.00
Project:
Construct 4" Min. AB
Construct 6" Min. AB
Prepared By:
Date:
Civil Improvements
Item Description
Construct Type C Curb Ramp with Yellow Truncated Domes per SDRSD Drawing No. G-29
Construct 12" Min. AB
Sub Total:
Construct Type B-1 Curb Ramp with Yellow Truncated Domes per SDRSD Drawing No. G-28
Construct Alley Driveway per City of Vista Standard Drawing No.
SRF-05A.
Relocate Conflicting Landscaping and Irrigation Equipment in Raised Median.
Remove and Salvage Conflicting Boulders within Raised Median.
Construct PCC 8" Median Curb
Unclassified Excavation
Construct 4” Min. AC Pavement
Construct 8" Min. AB
Remove and Salvage Existing Street Light Pole. Break Down Foundation 3' Below Grade. Repair Surface in Kind.
Construct 4" Colored Stamped PCC Concrete per plans
Type 2 Slurry Seal
Adjust Existing Utility or Pullbox to Grade
Construct PCC Cross Gutter
Construct PCC Sidewalk
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Melrose Dr & Dawson Dr
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 1 LS $14,918.00 $14,918.00
2 1 EA $7,032.00 $7,032.00
3 36 EA $900.00 $32,400.00
4 2 EA $900.00 $1,800.00
5 1 EA $16,088.00 $16,088.00
6 1 LS $20,827.00 $20,827.00
7 4 EA $8,800.00 $35,200.00
8 900 LF $50.00 $45,000.00
9 380 LF $65.00 $24,700.00
10 320 LF $80.00 $25,600.00
11 92 LF $9.00 $828.00
12 1 EA $2,457.00 $2,457.00
13 1 EA $4,857.00 $4,857.00
Item Description
Furnish and Install ATC Controller Cabinet with Foundation Complete, Equipment per Plan.
Furnish and Install Type III-BF Service Pedestal with Foundation Complete.
Furnish and Install New 6' Vehicle Detection Loop
Furnish and Install Bike Loops
Furnish and Install Alpha Battery Backup System with Foundation Complete, Equipment pe Plan.
Furnish and Install GTT Emergency Vehicle Preemption detector assembly , 764 Phase Selector Card, and Cabling.
Furnish and Install Reflectorized Mast-Arm SNS
Furnish and Install 2" PVC Conduit
Furnish and Install 3" PVC Conduit
Furnish and Install 4" PVC Conduit
Furnish and Install 12-SMFOC
Furnish and Splice Closure. Splice 24-SMFOC with 12-SMFOC Dymec Layer 2 managed Ethernet switch, Model KY-3170EM4-Pbt (or City approved equal)
ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Traffic Signal Improvements
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14 1 EA $2,721.00 $2,721.00
15 1 EA $8,050.00 $8,050.00
16 1 LS $24,000.00 $24,000.00
17 1 EA $14,852.00 $14,852.00
18 2 EA $590.00 $1,180.00
19 2 EA $26,117.00 $52,234.00
20 2 EA $20,354.00 $40,708.00
21 4 EA $6,470.00 $25,880.00
22 8 EA $1,810.00 $14,480.00
23 4 EA $660.00 $2,640.00
24 8 EA $800.00 $6,400.00
25 1 EA $1,100.00 $1,100.00
26 1 LS $5,625.00 $5,625.00
27 1 LS $10,603.00 $10,603.00
$442,180.00
Furnish and Install Traffic Signal Cabling and Wiring
Sub Total:
Furnish and Install 1-A Pole (10' Ht.), Equipment per Plan.
Furnish and Install No. 5 Pull Box
Furnish and Install No. 6 Pull Box
Furnish and Install No. 6E Pull Box
Furnish and Install Type 2 Post (5'7" Ht.) with Foundation Complete and Equipment per Plan.
Furnish and Install 17-3-100 Pole (30' Ht.), 20' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install 29-5-100 Pole (30' Ht.), 55' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install APS Push Button Assembly System Complete.
Coordinate with SDG&E for Service Point Requirements and Install as Required.
Furnish and install SFPs at each Ethernet switch
Furnish new Corning closet connector housing (or City approved equal) as follows:
A. Corning Cassette Part Number CCH-CF.
B. Corning Panel, LC Adapters Part Number CCH-CP12-A9.
C. Corning Connector Housing Part Number CCH-01U.
D. LC single mode fiber pigtails.
Furnish and Install CCTV Camera. Equipment per Plan.
Furnish and Install Mast-Arm Mounted Sign.
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Melrose & Ascott
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 1 LS $14,918.00 $14,918.00
2 1 EA $7,032.00 $7,032.00
3 27 EA $900.00 $24,300.00
4 2 EA $900.00 $1,800.00
5 1 EA $16,088.00 $16,088.00
6 1 LS $20,827.00 $20,827.00
7 3 EA $8,800.00 $26,400.00
8 660 LF $50.00 $33,000.00
9 340 LF $65.00 $22,100.00
10 280 LF $80.00 $22,400.00
11 265 LF $9.00 $2,385.00
12 1 EA $2,457.00 $2,457.00
13 1 EA $4,857.00 $4,857.00
Furnish and Install 12-SMFOC
Furnish and Install Alpha Battery Backup System with Foundation Complete, Equipment pe Plan.
Furnish and Install Reflectorized Mast-Arm SNS
Dymec Layer 2 managed Ethernet switch, Model KY-3170EM4-Pbt (or City approved equal)
Furnish and Splice Closure. Splice 24-SMFOC with 12-SMFOC Furnish and Install 4" PVC Conduit
Furnish and Install Bike Loops
Furnish and Install 2" PVC Conduit
Furnish and Install GTT Emergency Vehicle Preemption detector assembly , 764 Phase Selector Card, and Cabling.
Furnish and Install 3" PVC Conduit
Item Description
Furnish and Install ATC Controller Cabinet with Foundation Complete, Equipment per Plan.
Furnish and Install Type III-BF Service Pedestal with Foundation Complete.
Furnish and Install New 6' Vehicle Detection Loop
ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Traffic Signal Improvements
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14 1 EA $2,721.00 $2,721.00
15 1 EA $8,050.00 $8,050.00
16 1 LS $22,000.00 $22,000.00
17 1 EA $14,852.00 $14,852.00
18 1 EA $590.00 $590.00
19 4 EA $590.00 $2,360.00
20 1 EA $26,117.00 $26,117.00
21 1 EA $24,156.00 $24,156.00
22 1 EA $20,542.00 $20,542.00
23 1 EA $9,354.00 $9,354.00
24 1 EA $6,470.00 $6,470.00
25 4 EA $660.00 $2,640.00
26 5 EA $800.00 $4,000.00
27 1 EA $1,100.00 $1,100.00
28 1 LS $5,625.00 $5,625.00
29 1 LS $10,603.00 $10,603.00
$359,744.00
Furnish new Corning closet connector housing (or City approved equal) as follows:
A. Corning Cassette Part Number CCH-CF.
B. Corning Panel, LC Adapters Part Number CCH-CP12-A9.
C. Corning Connector Housing Part Number CCH-01U.
D. LC single mode fiber pigtails.
Furnish and Install Pole Mounted Sign with Saddle Bracket.
Furnish and Install Mast-Arm Mounted Sign.
Furnish and Install CCTV Camera. Equipment per Plan.
Furnish and Install Traffic Signal Cabling and Wiring
Furnish and install SFPs at each Ethernet switch
Furnish and Install 29-5-100 Pole (30' Ht.), 50' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install 28-5-100 Pole (17' Ht.), 50' Sig MA,Equipment per Plan.
Furnish and Install 15-TS Pole (30' Ht.) with Foundation Complete and Equipment per Plan.
Furnish and Install Type 1-A Pole (10' Ht.) with Foundation Complete and Equipment per Plan.
Furnish and Install No. 5 Pull Box
Furnish and Install 19-4-100 Pole (30' Ht.), 25' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install No. 6 Pull Box
Furnish and Install No. 6E Pull Box
Furnish and Install APS Push Button Assembly System Complete.
Coordinate with SDG&E for Service Point Requirements and Install as Required.
Sub Total:
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E. Vista Way & Franklin Lane
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 1 LS $14,918.00 $14,918.00
2 1 EA $7,032.00 $7,032.00
3 29 EA $900.00 $26,100.00
4 2 EA $900.00 $1,800.00
5 1 EA $16,088.00 $16,088.00
6 2 EA $18,115.00 $36,230.00
7 4 EA $8,800.00 $35,200.00
8 1,370 LF $50.00 $68,500.00
9 690 LF $65.00 $44,850.00
10 50 LF $80.00 $4,000.00
11 180 LF $9.00 $1,620.00
12 1 EA $2,457.00 $2,457.00
13 1 EA $4,857.00 $4,857.00
Furnish and Install GTT Emergency Vehicle Preemption detector assembly , 764 Phase Selector Card, and Cabling.
Furnish and Install 12-SMFOC
Furnish and Splice Closure. Splice 24-SMFOC with 12-SMFOC Dymec Layer 2 managed Ethernet switch, Model KY-3170EM4-Pbt (or City approved equal)
ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Traffic Signal Improvements
Item Description
Furnish and Install ATC Controller Cabinet with Foundation Complete, Equipment per Plan.
Furnish and Install Type III-BF Service Pedestal with Foundation Complete.
Furnish and Install New 6' Vehicle Detection Loop
Furnish and Install Bike Loops
Furnish and Install Alpha Battery Backup System with Foundation Complete, Equipment pe Plan.
Furnish and Install Reflectorized Mast-Arm SNS
Furnish and Install 2" PVC Conduit
Furnish and Install 3" PVC Conduit
Furnish and Install 4" PVC Conduit
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14 1 EA $2,721.00 $2,721.00
15 1 EA $8,050.00 $8,050.00
16 1 LS $24,000.00 $24,000.00
17 1 EA $14,852.00 $14,852.00
18 1 EA $20,655.00 $20,655.00
19 3 EA $590.00 $1,770.00
20 4 EA $590.00 $2,360.00
21 2 EA $22,115.00 $44,230.00
22 2 EA $20,542.00 $41,084.00
23 2 EA $6,470.00 $12,940.00
24 1 EA $1,810.00 $1,810.00
25 5 EA $660.00 $3,300.00
26 6 EA $800.00 $4,800.00
27 1 EA $1,100.00 $1,100.00
28 1 LS $5,625.00 $5,625.00
29 1 LS $10,602.00 $10,602.00
$463,551.00
Furnish and Install No. 6 Pull Box
Furnish and Install No. 6E Pull Box
Furnish and Install APS Push Button Assembly System Complete.
Coordinate with SDG&E for Service Point Requirements and Install as Required.
Sub Total:
Furnish and Install 19-4-100 Pole (30' Ht.), 25' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install Type 1-A Pole (10' Ht.) with Foundation Complete and Equipment per Plan.
Furnish and Install No. 5 Pull Box
Furnish and Install Type 2 Post (5'7" Ht.) with Foundation Complete and Equipment per Plan.
Furnish and Install Traffic Signal Cabling and Wiring
Furnish and Install CCTV Camera. Equipment per Plan.
Furnish and Install Mast-Arm Mounted Sign.
Furnish and Install Pole Mounted Sign with Saddle Bracket.
Furnish and Install 26-4-100 Pole (30' Ht.), 45' Sig MA, 15' Lum MA w/ LED Fixture, Equipment per Plan.
Furnish and Install Video Detection Camera. Equipment per Plan.
Furnish and install SFPs at each Ethernet switch
Furnish new Corning closet connector housing (or City approved equal) as follows:
A. Corning Cassette Part Number CCH-CF.
B. Corning Panel, LC Adapters Part Number CCH-CP12-A9.
C. Corning Connector Housing Part Number CCH-01U.
D. LC single mode fiber pigtails.
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Melrose Dr & Dawson Dr
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 660 LF $5.00 $3,300.00
2 157 LF $5.00 $785.00
3 130 LF $2.50 $325.00
4 6 EA $495.00 $2,970.00
5 6 EA $413.00 $2,478.00
6 15 LF $5.00 $75.00
7 6 EA $462.00 $2,772.00
8 8 EA $99.00 $792.00
9 2 EA $198.00 $396.00
10 130 LF $3.00 $390.00
$14,283.00
ENGINEER'S COST ESTIMATE
Project:
Prepared By:
Date:
Signing and Striping Improvements (Dawson and Melrose)
Item Description
Apply 12" White Thermoplastic Crosswalk per Caltrans Standard Plan A24F.
Apply Double Yellow No Passing Zone Line per Caltrans Standard Plan A20A, Detail 22.
Apply White "SIGNAL" Pavement Marking Word per Caltrans Standard Plan A24D
Apply White "AHEAD" Pavement Marking Word per Caltrans
Standard Plan A24D
Furnish and Install New Sign on New Sign Post.
Apply 12" White Thermoplastic Limit Line per Caltrans Standard Plan A24G.
Apply Yellow Paint to Median Nose.
Remove Existing Sign and Post
Remove Existing Conflicting Pavement Markings
Remove Existing Conflicting Striping
Sub Total:
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Melrose Dr & Ascot
DBX Inc
7/16/2025
Item # Quantity Unit Unit Price Amount
1 670 LF $2.00 $1,340.00
2 235 LF $2.20 $517.00
3 351 LF $2.00 $702.00
4 826 SF $4.75 $3,923.50
5 105 LF $4.80 $504.00
6 350 LF $2.50 $875.00
7 280 LF $2.50 $700.00
8 1,170 LF $2.00 $2,340.00
9 100 LF $2.00 $200.00
10 667 SF $14.00 $9,338.00
11 6 EA $138.00 $828.00
12 3 EA $138.00 $414.00
13 1 EA $192.50 $192.50
14 545 LF $2.00 $1,090.00
15 3 EA $465.00 $1,395.00
16 664 LF $3.00 $1,992.00
17 7 EA $99.00 $693.00
$27,044.00
Apply 12" White Thermoplastic Limit Line per Caltrans Standard Plan A24G.
Apply 6" White Bike Lane Line per Caltrans Standard Plan A20D, Detail 39.
Apply 6" White Bike Lane Intersection Line Caltrans Standard Plan A20D, Detail 39A.
Sub Total:
Remove Existing Sign and Post
Apply Red Curb Paint
Apply Green PPG 985206 Green Standard Fast Dry Waterborne 1952 1/2 Traffic Paint, Product Code 183, Product Color Green (34108) with Reflective Glass Beads.
Project:
Prepared By:
Date:
Signing and Striping Improvements (Ascot and Melrose)
Item Description
Apply 24" Yellow Thermoplastic Ladder Crosswalk per Caltrans Standard Plan A24F.
Apply Double Yellow No Passing Zone Line per Caltrans Standard Plan A20A, Detail 22.
Apply 6" White Lane Line per Caltrans Standard Plan A20A, Detail 9.
Remove Existing Conflicting Striping
Apply 6" White Lead-In/Lead-Out Line
Apply White Thermoplastic Pavement Marking IV Arrow per Caltrans Standard Plan A24A, Arrow Type per Plan.
Apply White Thermoplastic Helmeted Bicyclist Symbol Pavement Marking Symbol and Arrow per Caltrans Standard Plan A24A and A24C.
Apply White Thermoplastic Pavement Marking VI Arrow per Caltrans Standard Plan A24A.
Furnish and Install New Sign on New Sign Post.
Apply Double Yellow Median Island Striping per Detail 29 Apply 8" White Channelizing Line per Caltrans Standard Plan A20D, Detail 38.
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E. Vista Way & Franklin Lane
DBX Inc.
7/16/2025
Item # Quantity Unit Unit Price Amount
1 263 LF $2.50 $657.50
2 112 LF $2.50 $280.00
3 130 LF $5.00 $650.00
4 878 SF $5.00 $4,390.00
5 6L F $ 5 $30.00
6 150 LF $2.00 $300.00
7 6 EA $140.00 $840.00
8 1 EA $140.00 $140.00
9 2 EA $176.00 $352.00
10 215 LF $2.00 $430.00
11 500 SF $13.75 $6,875.00
12 60 LF $2.00 $120.00
13 2 EA $462.00 $924.00
14 3 EA $99.00 $297.00
15 3 EA $198.00 $594.00
16 63 LF $3.00 $189.00
$20,000.00
Apply White Thermoplastic Pavement Marking IV Arrow per Caltrans Standard Plan A24A.
Apply White Thermoplastic Pavement Marking I Arrow per Caltrans Standard Plan A24A.
Apply Yellow Paint to Median Nose.
Apply 6" White Lead-In/Lead-Out Line
Apply Red Curb Paint
Apply 6" White Lane Line, Detail 9.
Apply Green PPG 985206 Green Standard Fast Dry Waterborne 1952 1/2 Traffic Paint, Product Code 183, Product Color Green (34108) with Reflective Glass Beads.
Remove Existing Conflicting Pavement Markings
Remove Existing Conflicting Striping (LF)
Sub Total:
Apply 8" White Channelizing Line per Caltrans Standard Plan A20D, Detail 38.
Apply Double Yellow No Passing Zone Line per Caltrans Standard Plan A20A, Detail 22.
Apply 12" White Thermoplastic Limit Line per Caltrans Standard Plan A24G.
Apply 24" Yellow Thermoplastic Ladder Crosswalk per Caltrans Standard Plan A24F.
Apply White Thermoplastic Pavement Marking VII Arrow per Caltrans Standard Plan A24A.
Furnish and Install New Sign on New Sign Post.
Remove Existing Sign and Post
Project:
Prepared By:
Date:
Signing and Striping Improvements
Item Description
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SD-235 City of Vista 3 Intersection
DBX Inc 90 WD 1/28/2026
Start: Mon 5/19/2025 Display: Daily
End: Tue 1/27/2026 Week: 1
Today: Tue 7/15/2025 0% Show Overdue: No
1 1 Material Lead Times 5/19/2025 10/17/2025 K Mon 5/19/25 Fri 10/17/25 106 2 1.1 Signal Pole Poles - ESD 5/19/2025 10/15/2025 0% Mon 5/19/25 Wed 10/15/25 104 2 1.2 Controller - ESD 5/19/2025 10/17/2025 0% Mon 5/19/25 Fri 10/17/25 106 2 1.3 Meter Pedestal - ESD 5/19/2025 9/3/2025 0% Mon 5/19/25 Wed 9/03/25 75 2 1.4 Signal Heads - ESD 5/19/2025 9/3/2025 Mon 5/19/25 Wed 9/03/25 75 2 1.5 Battery Back Up - ESD 5/19/2025 10/17/2025 Mon 5/19/25 Fri 10/17/25 106 1 2 Construction - Melrose / Dawson 9/15/2025 1/15/2026 K Mon 9/15/25 Thu 1/15/26 83 2 2.1 Install Conduit 9/15/2025 10 G Mon 9/15/25 Fri 9/26/25 10 2 2.2 Install Signal Pole Foundations 10/28/2025 5 G Tue 10/28/25 Mon 11/03/25 5 2 2.3 Install Pull Boxes 11/4/2025 5 G Tue 11/04/25 Mon 11/10/25 5 2 2.4 Civil Work 11/11/2025 10 G Tue 11/11/25 Tue 11/25/25 10 2 2.5 Loops 12/15/2025 1 G Mon 12/15/25 Mon 12/15/25 1
2 2.6 Install Poles 11/20/2025 2 G Thu 11/20/25 Fri 11/21/25 2 2 2.7 Cable / Hook Up / Overhead 12/22/2025 6 G Mon 12/22/25 Tue 12/30/25 6 2 2.8 Signing / Striping 1/14/2026 2 G Wed 1/14/26 Thu 1/15/26 2 2 2.9 Turn On 1/15/2026 1 G Thu 1/15/26 Thu 1/15/26 1
1 3 Construction - Melrose / Ascot 9/29/2025 15 1/21/2026 K Mon 9/29/25 Wed 1/21/26 76 2 3.1 Install Conduit 9/29/2025 10 X Mon 9/29/25 Fri 10/10/25 10 2 3.2 Install Signal Pole Foundations 11/4/2025 5 X Tue 11/04/25 Mon 11/10/25 5 2 3.3 Install Pull Boxes 11/12/2025 5 X Wed 11/12/25 Tue 11/18/25 5 2 3.4 Civil Work 11/26/2025 5 X Wed 11/26/25 Thu 12/04/25 5 2 3.5 Loops 12/16/2025 1 X Tue 12/16/25 Tue 12/16/25 1
2 3.6 Install Poles 12/1/2025 2 X Mon 12/01/25 Tue 12/02/25 2 2 3.7 Cable / Hook Up / Overhead 12/31/2025 6 X Wed 12/31/25 Thu 1/08/26 6 2 3.8 Signing / Striping 1/20/2026 2 X Tue 1/20/26 Wed 1/21/26 2 2 3.9 Turn On 1/21/2026 1 X Wed 1/21/26 Wed 1/21/26 1
1 4 Construction - E Vista Way / Franklin Ln 10/14/2025 1/27/2026 K Tue 10/14/25 Tue 1/27/26 70 2 4.1 Install Conduit 10/14/2025 10 O Tue 10/14/25 Mon 10/27/25 10 2 4.2 Install Signal Pole Foundations 11/12/2025 5 O Wed 11/12/25 Tue 11/18/25 5 2 4.3 Install Pull Boxes 11/19/2025 5 O Wed 11/19/25 Tue 11/25/25 5 2 4.4 Civil Work 12/5/2025 17 O Fri 12/05/25 Tue 12/30/25 17 2 4.5 Loops 12/17/2025 1 O Wed 12/17/25 Wed 12/17/25 1
2 4.6 Install Poles 12/18/2025 2 O Thu 12/18/25 Fri 12/19/25 2 2 4.7 Cable / Hook Up / Overhead 1/9/2026 6 O Fri 1/09/26 Fri 1/16/26 6 2 4.8 Signing / Striping 1/26/2026 2 O Mon 1/26/26 Tue 1/27/26 2 2 4.9 Turn On 1/27/2026 1 O Tue 1/27/26 Tue 1/27/26 1
- - - -
Insert new rows above this one. - - -
Task Start Task Duration
Prior
ity
Work
DaysStart End%
Done
Colo
r
WBS
Level
End
Date
Work
DaysWBS Task Assign To
B
u
d
Start
Date
Predec
essors
Cal.
Days
Exhibit B
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Gantt Chart Template Pro © 2006-2022 by Vertex42.com.
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M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S
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4-Aug-2025
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22-Sep-2025
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19-Jan-2026
Week 37
26-Jan-2026
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Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E
DESIGN / BUILD SERVICES FOR THE
THREE TRAFFIC SIGNALS PROJECT
CIP Nos. 8375, 8376 & 8377
THIS AGREEMENT is made and entered into as of _ ontract Date) by and between the CITY OF VISTA (" City"), a chartered municipal corporation, and DBX, Inc., a California corporation (" Design Builder or DB"). City and DB are sometimes individually referred to as " Party" and collectively as " Parties".
RECITALS
1. On September 6, 2024, a Request for Proposal ( RFP) ( Exhibit 3) was issued for design/ build services for the THREE TRAFFIC SIGNALS Project — CIP Nos. 8375, 8376 & 8377; and
2. One firm 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 ScoDe 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 Three Traffic Signals Project ( Exhibit 1 attached hereto and incorporated herein), THREE TRAFFIC SIGNALS Project — CIP Nos. 8375, 8376 & 8377 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 $ 554, 480 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 II of the Project. Under the amendment, the DB fee shall be 10% 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.
1. 3. 2 Provide the proposed GMP to City by February 28, 2025, complete the Phase I City approval of 100% construction drawing package by May 22, 2025, and complete the 00105692 1
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EXHIBIT 5
Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
Phase 1 design services by August 22, 2025, including Traffic Signal Timing Plans and Bench Testing, 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.
00105692 14876- 0197- 2474, v. 2
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Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
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 INTENTIONALLY LEFT BLANK
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 Greenbook"). 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 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 00105692 14876- 0197- 2474, v. 2
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Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
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.
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.
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Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
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 C10 Electrical 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 and City of Vista. 00105692 14876- 0197- 2474, v. 2
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Docusign Envelope ID: 25E21 E23- 53A6- 4734- B501 - DFC4D465228E Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
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 complete cleanup of all material that is discharged from the project in violation of the discharge rules.
Section 4: Work Restriction and Bidding Requirement
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, 00105692 14876- 0197- 2474, v. 2
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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 of the RFP.
Section 6: DB' s Phase II Services and Obligations — Construction Services
6. 1 Contingent on City' s approval during Phase 190% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, DB' s services in Phase II shall include those specified in Section 5. 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 15% of the total additional labor, equipment, and material costs. This fee includes DB' s office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor' s total costs. City will also pay any additional Subcontractor' s insurance or bonding costs.
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.
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 00105692 14876- 0197- 2474, v. 2
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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 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. 00105692 14876- 0197- 2474, v. 2
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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 $ 554, 480, 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 II 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 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.
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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: Change 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.
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 00105692 14876- 0197- 2474, v. 2
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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.
Section 15: Payment 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 11Services for the Phase 11Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase II Services. The monthly payment 00105692 14876- 0197- 2474, v. 2
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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 ComDletion
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 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.
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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 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): $ 500 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16. 00105692 14876- 0197- 2474, v. 2
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Section 19: Riaht to Modifv 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 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.
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 INTENTIONALLY LEFT BLANK.
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22. 4 INTENTIONALLY LEFT BLANK.
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 ComDletion
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.
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
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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 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.
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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 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.
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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:
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:
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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: Indeoendent 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 Accountina
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 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 00105692 14876- 0197- 2474, v. 2
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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 Maieure
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 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. 00105692 14876- 0197- 2474, v. 2
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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:
To CITY:
Engineering Department
Attn: Jeanette Bradshaw
200 Civic Center Drive
Vista, CA 92084
DBX, Inc.
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42024 Avenida Alvarado, Suite A
Temecula, CA 92590
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.
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.
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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.
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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: C—
f' JOHN B. FRANKLIN, AYOR
ATTEST:
KATHY VEALLDEZ, CITY CLERK
BY: ( ' k
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
BY
DCLuClynetl by:
In aPw C
96tn2B+ E39445D
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
Sip. d by:
BY°'""`°^
APPROVED
Amanda L. Guy
20241115100254
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Design Builder"
DBX, Inc., a California corporation
sio. ee by.
ByLVA..aS. C lruyyll
e Care Ee! leeMee
James C. Perry president/ Secretary/ Treasurer
Name/ Title
Sipnetl by'
By C P y
eBOF9EC147EE46fi
James C. Perry Secretary/ Treasurer
Name/ Title
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Design / Build Services Agreement
Three Traffic Signals Project ( CIP Nos. 8375, 8376 & 8377)
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
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EXHIBIT 1
Design/ Build Services Proposal, Schedule of Rates, and Project Schedule 08/ 27/ 2024 C3 46 f 147
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Submitted By:
DBX, Inc.
Mailing and Business Address:
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
Principal Contact: Charles Perry, President
P- ( 951) 296- 9909
CITY OF VISTA
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A. Calder Letter
October 3, 2024
Attn: Jeanette Bradshaw
Capital Projects Manager
CITY OF VISTA
City of Vista
200 Civic Center Drive, Vista CA 92084
RE: Request for Proposals - Three Traffic Signals Project CIP 8375, 837E & 8377 The Design -Build Team (DBT) of DBXand STCis very pleased to be considered for the installation of three traffic signals for this project (CIP8375, 8376, & 8377). The services include preparation of construction documents and a Guaranteed Maximum Price (GMP) submittal for the permitting and complete construction of the project improvements.
Our respective firms are well known to the City of Vista. STCis the City's go -to Traffic Engineering consultant and has designed and integrated the City's fiber optic traffic signal interconnect system, DBXis also well known to the City and hasconstructed numerous traffic signal system projects in Vista. The BXTeamhasgainedthe City'sconfidencethrough our demonstrated expertise and proven commitment to the City to deliver excellent projects.
This partnership is borne out of our firms' history of work together designing and building similarprojectsthroughout the County. Werecognizeeachother, asdoesthe industry, as leadersin municipal public workstraffic signalengineeringand construction. Overthepast 12 years, DBXhas built numerous traffic system projects designed by STC. Our construction projects have also been managed and/ or inspected by STC, Asrequiredunder SectionS.H, of the City'sRFP, the DBXTeamcertifiesthat we take no exceptions to the project information, including the Sample Standard Agreement included in Attachment F. Should you have any questions or require additional information, pleasedo not hesitate to contact me at ( 951) 296- 9909,
Sincerely, Legal fume: DBX, Inc.
Address: 42024 Avenida Alvarado,
Suite A, Temecula, CA 92590
Jones C. Perry Phone: ( 951) 296- 9909
President, DBX, In . Email: tim( b dbxinc. com
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A. Cover Letter.................................................................................................................. 1 B. Statement of Qualifications.....................................................................................3 C, Scope of Work..............................................................................................................4 D. ProjectUnderstanding & Workplan...................................................................... 4 E. Staffing Structure.....................................................................................................12 F. Project Schedule......................................................,................................................ 14 G. Project Cost Estimate............................................................................................... 15 H. Exceptions to Project Information ....................................................................... 17 B. Statement of Qualifications
Mi
DBX
DBX, Inc., ( DBX) was established in
INC- F 1964asan ElectricalContracting
companyspecializingin de5ignand installationof
traffic signals, streetand runwaylighting. DBXquickly
becameasuccessfulcontracting businessin Southern
California. By 1994, DBXrecognized the importance
of moving into rapidly expandingworld of ITSand
a technologysuchasfiber optics, wireless, andTMCs.
With over 50yearsof experience, the transition was
easy. DBXis a leader in Southern California ITS
construction with a focus on the future of traffic
technology.
STC Traffic, Inc., ( STC) is a full - service
T traffic engineering, transportation
planning, and ITSconsultingfirm, founded
in 2007, STC is recognized in San Diego
County as the regional leader in municipal ITSand
Systemsengineeringand integration, and isuniquely
qualified to plan, design, and manageconstruction
for design -build deliveryof traffic signals.
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B. Statement of Qualifications
The table below lists several similar contracts with references performed by the DBX-STC Design - Build Team. We encourage you to reach out to our references to learn about our performance, quality of work, and individual attention given to each client and project.
Agency Firm Contract Period Reference
DBX /
Design/ 13AIdfor Fire Station
2020-
STr
Fiber Interconnect Project
C:IP 8326
Sam Hasenin, PE, fE
Traffic Signal Interconnect &
Opgrade ( North) CIP 483091
2016 — C.,ity iraff r ngine r
J i, IPL- 5382( 037)
2020 760) u43- 5411
C.omolidated Traffic Signal
SK Operations at Olive St and 2022
North Santa Fe Ave
Abraham Bandegan, PE, TI
D8X / Fiber Optic Interconnect 2014 - City TrafficEngineer FC Projects 1 & 2 16 760) 633- 2705
ir'I11['1iCLirlii lt' 1[ ' I h;.
Traffic: Signal
Stephen Manganielio, 7E
D8X / Director of Public Works
Tr.
r SlJpgr;7ri, Communications2i119 608)
469- 11 b9Project
rl :
II I.:.;r Illll, p+ylI,iIIUIbil: i' . Iraffic
Signal UpgradesRaul
ArmentaAssociate
Traffic EngineerDBX
Washington/Chase A18 619) /
441- 166 5 Corridors
H.
IlrIIr:iI.:..• i,. 11I . I. Imran
54eed Coronado
Flay BridgeFiber 2018 _ Senior
ElectricalEngineer Specialist)
Opt!(
Project 2019 916)
227- 8533 II
llrin.5 1{'Pi1{ct1C1(ll.{ a.[] C1VHighland
Avenue Traffic Stephen
Manganiello, TE Safety
Enhancements2021-
Director of PublicWorks Des1gn)
2022
608) 469- 1169 5n'!,'
I11,::Ir1itIIow) 11,11inn,"iIcIryL'I. cLoy CaminoDeLos
Coshes andNestorIMangohig, PE, TE STC MaverickWay
Traffic Signal 2021- SeniorEngineer
Modification (Design) 2022
760) 602-
750 1 IIP:' tillll. Ir11111111111Uuih
illwls.ui4 I, IUI+ DBX, Inc. and
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C. Scope of Work
The DBX Team Scope of Work begins with a Project Understanding and flows directly into the approach for delivering the detailed Scope of Services. DBXTeam partner STCwill deliver the PhaseI Scope of Work according to the Tasksand Project Schedule presented in the RFP.
D. Project Understanding & Workplan
The City of Vista will install new traffic and west side of Melrose Drive. There are signals at three ( 3) intersections that no marked crosswalksfor any of the currently only have stop control on the crossings and all ped ramps are non-ADA minor street approach. The three locations compliant. During preparation of this are S_ Melrose Drive & Dawson Drive; N. proposal, STChasidentifiedthe following Melrose Drive & Ascot Drive; and E. Vista issuesthat will require attention during the Way & Franklin Lane. Civil improvements on Phase l Design:
a per location basis, per details in the RFP, 1. Existing infrastructure- Large trees include pedestrians ramps, medians,
and existing storm drains at theirrigation relocation, and 2" grind and corners will need to be identified in asphalt overlay, order to place the traffic signal poles in Due to the constrained timing for the the most optimum locations.
Project. 2. Curb Ramps - Existing curb ramps do
Potholing will occur following
not meet the latest ADA requirements.
completion of Conceptual Design.
Designed ramps will need account for
current standards and slopes located at
o
Lead items, such astraffic poles and the back of each corner. controllers, will be purchased 3. Street Lighting - Existing safety immediately following successful lighting near the intersection islimited. exploration of underground STC' 5 design will Include additional
conditions. The timeframe depends
overhead lighting and removal of
on the results of the potholing and conflicting lights. what is able to be confirmed. t'..
Bicycle lanes - Existing bicycle lanes
Project Location 1, S. Melrose Drive and on Melrose will need to be maintained Dawson Drive is a four- way intersection with proper intersection treatments between the neighborhood street of providedto ensurethe safetyof Dawson Drive and the 6-lane prime arterial, bicyclists. Coordination with proposed 5, Melrose Drive. Melrose Drive is a main projects installing delineators will need connection of south Vista and Carlsbad to to occur to ensure proper approach to North Vista, Dawson Drive serves single signalized intersections is maintained. family residential areason both the east
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Project Location 2. N. Melrose Drive &
Ascot Drive is a T- intersection between the
6- lane urban major collector with a
residential Ascot Drive. There is a church
located on the southwest corner and a
nursing facility on the northwest corner. On
the east side of the intersection are
residential houses. STC has identified the
following issuesthat will require attention
during the PhaseI Design:
i . Existing Infrastructure - Existing
overhead electrical lines are present on
the west side of the intersection that
will create conflicts with traffic signal
poles. STCengineers will take care to
locate pole foundations away from
storm drains/ other underground
utilities and specify vacuum potholing
as needed.
2. Lane Reduction - Northbound
Melrose has three lanes that transition
to two through the intersection, The
lane reduction will need to occur over a
greater distance than what will be
available between Copper Dr. and
Ascot Dr, an Melrose Dr., lane
reduction will need to occur before
Copper Dr. where there is plenty of
room to accommodate the reduction,
Field measurements will be taken at
key locations to confirm any new lane
widths. If the City requires survey to
account for lane reduction, this can be
provided as an additional option.
3. Sidewalk Width - Sidewalk space on
the eastside of the intersection does
not provide adequate room for ADA
pedestrian clearance and the existing
signs/ street light posts. Existing ROW
will need to be examined to relocate
existing infrastructure and the
proposed traffic signal poles,
Additional bulb outs on the east side of
the intersection may bean option to
provide adequate space for the new
poles and reduce the crossing distance
for pedestrians.
4. Interconnect - The Project will be
connecting to existing fiber optic.
Traffic Signal Interconnect Plans for
Emerald Drive, Poinsettia Avenue and
N. Melrose Drive DWG- 4684 are
designed, approved, and planned to be
completed under a separate project.
Communication plans will still be
required to integrate the new signal
with the City's existing network.
Project Location 3. E. Vista Way & Franklin
Lane is a four- way intersection between
Franklin Lane, which is a two- lane road with
parking providing residential access, a
private commercial driveway on the east,
and E. Vista Way, which is afour -lane major
collector that provides connection between
northeast Vista and highway 78. Theeast
side of E. Vista Way has a private
commercial driveway. The northeast corner
has a commercial building and the
southwest corner has an auto repair shop.
During preparation of this proposal, STC
identified the following issuesthat will
require attention during the PhaseI Design:
1. Curb Ramps - Existing curb ramps do
not meet the latest ADA requirements.
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Ramps will need to be designed to
account for current standards and
account for the retaining wall located
at the back of the northwest corner
and the fence at the southeast corner.
2. Median Location - The existing
median openings will need to be
reconfigured to better match a typical
intersection layout. This will require
pulling back the median on either side
to provide an adequate turn pocket
length. Existing irrigation and median
objects will need to be addressed.
3. Driveway - The driveway on the east
side of the intersection will need to be
redesigned to provide proper slopes
for pedestrian and ADA access.
Phase I. Project Design
Task 1.0 Project Management/ Schedule
STC' s Project Manager, Christian Lambarth,
PE, TE, PTDE, will coordinate the day-to-
day activities for PhaseI Project Design.
Following the NTP, Mr. Lambarth will
schedule a project kick-off meeting with
City staff to discuss the project objectives,
schedule, scope, and Citypoliciesand
procedures. He will also coordinate
progress meetings to discuss design
development, staff comments on
submittals, and action items.
Task 1. Deliverables:
Meeting Agendas, Meeting Minutes,
and invoices.
Phase ! Project Schedule Completed
Within 720 Calendar Days.
Toensurethe Cityreceivesthe bestvalue
for its money, STCwill evaluate the existing
conditions of the intersection and
summarize deficiencies and improvements
along with anticipated costs in a Basis of
esign Memorandum. The Basis of Design
Memo will aid the City in determining
which improvement options will carry
through to final design and construction.
Included with the Basis of Design will be
concept plans showing the proposed
improvements at each location. New traffic
signal poles and equipment, new ADA
ramps, communication plans, and striping
will be included at each intersection.
Median improvements will be included
with E. Vista Way and others as needed.
Task2.0 Existing Conditions
STCwill obtain available as -built plans
from the City. STCwill conduct a detailed
field review with the concept plansto
confirm the proposed locations of traffic
signal, lighting and communications
infrastructure intersection/ roadway
geometries, traffic signage/ striping, curb
markings and pavement conditions.
Locations and type of proposed signal
equipment will also be a key consideration
during this review, including signal poles
and assemblies, vehicle signal heads,
pedestrian signal heads/ push-buttons,
pull -boxes, conduit, cables, street name
signs, controller cabinet/ controller type,
detection, and intersection safety lighting.
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STCwill also review existing traffic
operations and general roadway
conditions including posted speed limits,
pedestrian and bicycle facilities, and traffic
patterns.
The Design - Build team will handle all
coordination with utility companies,
including existing utility locations, conflict
checks, and applying and obtaining service
point from SDGE. Design plans will be
submitted to other utilities for conflict
review. Design will be done to limit
conflicts with other utilities, and if utility
conflicts exist, design will be modified as
needed. STC will conduct a detailed field
review with any available as -built
information to verify the location of
existing utilities to the greatest extent
possible.
Task.. Deliverables:
Review of TypelLocation of Proposed
Improvements.
Field Notes and Photos ( As Requested).
Utility Coordinction.
Task3.0 Topographic Survey
The DBXTeam will engage a professional
surveying firm to horizontally and
vertically perform topography and
supplemental survey for ADA
improvements, intersection features,
drainage facilities needing replacement
such asconcrete cross gutters and
spandrels, and locate: (1) the public right of
way for the intersections, (2) the existing
overhead wires that may be in conflict with
traffic signal/ luminaire poles and mast
arms, and (3) any vegetation or large trees
that maybe in conflict with trafficsignal/
luminaire poles and mast arms.
Task3. KeyDeliverables;
0 SurveyCADfilesin AutoCAOFormat.
Task 4. 0 Conceptual Design
Following field review and receipt of
survey information, STCwill develop a
Basis of Design Memo and conceptual
design exhibits for each intersection.
Design related items to be summarized in
the Memo include: left - turn storage
lengths; applicability of protected/
permissiveleft -turn phasing (following
FHWAcriteria); and existing site constraints
utility conflicts, right- of-way constraints,
ADA compliance issues, roadway paving,
etc,). STCwill produce concepts with the
Basis of Design Memo to illustrate the
proposedimprovementswith anticipated
costs. The purpose of the Basisof Design
Memo and concepts are to aid the City in
identifying the improvements that will be
carried though to final design.
Task4. KeyDeliverables
Basis of Design Memo and Conceptual
Design Exhibits with Anticipated Costs
Digital Copies).
Task5.0 Potholing
To limit design changes and delays, the
DBXTeam will perform potholing of
existing utilities that could affect long lead
items (i.e., traffic signal poles, locations,
and arm lengths) following the conceptual
design stage. Other long lead items ( i.e.,
controllers) will also need to be purchased
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following conceptualdesignreview per
the Project Understanding.
Task S. Kf '— ye rables:
Potholing of ExistingUtilities for Long
Lead Item Conflicts ( i.e., Troffr'c Signal
Poles) Following the ConceptualDesign
Stage.
Task 6.0 Design Plants (90%)
STCwill develop design plans for the
improvements identified and approved by
the City in the Conceptual Design. The
design plans will be developed using
AutoCad following City of Vista and other
applicable design standards. The design
plan set will include a title sheet, general
notes sheet, and detail sheets as necessary
to accomplish each element of the design.
Plans will be submitted at the 90% level of
completeness for City review. The
following subsectionssummarizethe plans
that will be included in the design set:
C.
Street Improvement Plans ( Including
ADA Curb Ramps Schematically
Shown, Raised Median
Reconfiguration, Irrigation
Relocation, and Utility Conflicts)
Signing and Striping Plans
Traffic Signal Plans ( Including CCTV,
and Existing Utilities)
Communications Plans (Including
Fiber Optic Splice Diagrams)
Erosion Control Plans
TaskG. Ke.-y Deliverables:
Design Plan Submittals at 90%
Complete Level.
4 Updated Project Schedule.
Enhancements: Over the shoulder in -
personor virtual review meetingsto
present thedesign to Cityreviewstaff
and obtain comments in real- time. This
will serve to advance the 720 Calendar
Day schedule.
Task 7. project Estimate ( 90%)
STCwill provide a preliminary cost
estimate at the conceptual design, and an
itemized engineer' s cost estimate at the
90% level of design for all proposed
improvements. The estimates will be
detailed with unit prices and quantities for
individual line items of work and specified
equipment based on the historical cost
index.
Cost estimate details ( items and
descriptions) will be consistent with bid
items and specification sections.
Task 7. Key -Deliverables:
Detailed Itemized Cost Estimate in Excel
Form With Measured Quantities Per
90% Design Contractor and
Manufacturer Pricing.
Task S. Project Specifications ( 901/%)
STCwill prepare project specifications
utilizing the City' s most current boilerplate
special provisions, and the latest edition of
the Green book for Public Works
Construction, The project specifications
will be prepared via Microsoft Word and
remain in the City's boilerplate font and
format and all additions or changes to the
boilerplateshallbe highlighted inyellow
for each respective first plan check
submittal.
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The project specifications will include the
detailed project description, special
provisions, technicalspecifications, and
specification detail sheets or standard
plans, as needed.
Task 8. Ke Deliverables:
4 The 90% Project Specifications will be
Delivered in Word Format to Include
the Detailed Project Description,
Special Provisions, Technical
Specifications, and Specification
Detail Sheets or Standard Plans, As
Needed.
Important Note: The 90% P5& E will
provide the DBXTeam and City a detailed
plan for pricing of project construction.
The DBX Team will prepare and submit a
Guaranteed Maximum Price ( GMP)
proposal. The GIMPproposal shall include a
breakdown of the DBX estimated costs for
all elements in the design. The DBX Team is
very detailed in our scopes, estimates, and
worts. We look forward to providing clear
construction costs and make sure all
costs are covered and the City receives
an affordable price for the Project.
Task 9. PS& E ( 100° ra)
STCwill address all City comments on the
90% Project Construction Documents and
provide i 00% Construction Documents
signed and stamped by the engineering
consultant as the engineer of work.
STC will work with the DB to determine
that the plans are 100% complete and
clear to cause all the Project components
to be constructed per the Scopeof Work.
liv rables:
Final PS&EIncluding TwoBondOriginal
Sets, an ElectronicPDFCopy, and the
Electronic CARD Files in the Latest
AutoCAD Release.
Task 10. Traffic Signal Timing
STCwill develop and test a complete signal
timing plan to properly operate eachtraffic
signal. STC will use Q- Free signal
controllers with MaxTime signal timing
software to develop the traffic signal
timing. The timing plans will include
coordination timing with the adjacent
traffic signal intersections along their
respective corridors.
Task 70. Key Deliverables:
Is
STCwill PrepareUpdated SignalTiming
Plans to Reflect the New Phasing Plan
for Each Intersection.
i
Bench rest Traffic Signal Timing
Program.
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Phase II. Project Construction
The DBX Team Project Schedule including
design and construction is provided in
Section F.
Bonds and Permits ( RFP 5. 2. 113, C, D)
DBXwill obtain the following bonds and
permits as required per the RFP: Faithful
Performance Bond and Payment Bond, City
of Vista Stormwater Permit and Storm
Water Pollution Prevention Plan ( SWPPP);
No -fee City Encroachment Permit.
Waste Management Plan ( RFP 5. 2. E)
DBX will submit a Waste Management Plan
per City requirements.
Traffic Control Plans ( RFP 5. 2. 17)
DBXwill provide traffic control plans
prepared by a California licensed traffic
control services consultant ( C31
Contractor' s License - Construction Zone
traffic Control Contractor), and not by a
California registered CivillTraffic Engineer.
Traffic Control, Potholing, and
Construction ( RFP 5. 2. G, H, 1)
DBX will implement traffic control as
approved in the traffic control plans and
perform utility potholing. To limit design
changes and delays, the DBX Team will
perform potholing for long lead items (i.e.,
traffic signal poles) following the
conceptual design stage. Costs for these
construction services as shown in Phase I.
Traffic Signal Turn - Ors ( RFP 5. 2. J)
The DBX Team will provide a qualified
signal technician from McCain, Inc. and all
necessaryDBtechnical staff for a proper
traffic signal turn on and to implement at
the respective intersections the signal
timing plans developed and tested during
the Design Phase.
The signal timing plans developed and
testedduring the designphasewillbe
implemented. The D/ B team will observe
the successful operation and
communications of the traffic signals per
the SOW/ Construction Documents. The
field observations will include observations
of all coordination timing plans for the
three intersections and modifying the
timing as needed for the proper
synchronization of the three intersections
to the satisfaction of the City.
As - Built Drawings ( RFP 5. 2. K)
DBXand STCwill Keepa record of all
documented and undocumented
construction changes throughout the
course of the project. Upon completion of
construction, STCwill produce electronic
as -built plans incorporating construction
changes and the City inspector and
contractor redlined plans. STCshall submit
to the City a final set of as -built plans
signed by the Engineer of Work and
electronic copies of all project files. The
DBX will construct the improvements in DBXTeam as-builts shall comply with RFP the project construction documents. Section 11 " Project Completion".
Construction staking will be provided
through a professional surveying firm.
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Construction Management ( RFP 5. 21)
The DBX Team will perform construction
management and administration services
during the construction phase of the
Project. This includes preparing submittals,
progress meetings to review project status
and construction schedule, record daily
logs of contractor activities, ensure the
work site is orderly, hours, equipment,
workers, and the site is clean when done
for the day. The manager- will
communicate with the contractor and City
inspector regularly.
It will be the design build teams
responsibility to call for, coordinate,
and schedule all project inspections
by City.
Required special inspections will be
the responsibility of the design build
team.
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E. Staffing Structure
The Design - Build Team of DBX and STCwill be led by DBX project manager Timothy Searnan, IMSA II, Mr. Seaman hasover 3Syears of experience serving as Construction Project Manager and/ or Foreman/ Superintendent on similar projects, with experience in design, estimating, installation, and programming in the fields of ITSconstruction and implementation. He will be supported by JesusHernandez, Construction Superintendent, and Collin Perry and Junior Hernandez asforemen. Oversight will be provided by CharlesPerry, President, who has served over 40 years in the construction industry.
CITY OF VISTA
Consrnrcrion Super+ ntenderu
n8x
Brett Hansen, IMSA I (STC)
Construcrion Manager
Kevin Stone, IMSA 11(STCi
Sr. Coastructiort foglneer inapecror
Junior Hernandez IDSX)
Foreman
Leadingthe designeffort, STCoffersa provenproject managerin Christian L.ambarth, PE, TE, PT'OL, who will serveasthe lead point of contact for design, having day-to-day insight into progressand needs. Christianhasextensiveexperiencemanagingavarietyof traffic engineering projects, ranging from traffic signal modifications to fiber optic expansion. Jason Stack, TE, PTOE, owner and founder of STC, will serve as principal -in -charge, providing senior oversightand qualityassuranceandquality control. Jasonhasa high degreeof credibilityfor hisexpertisein highly specializedtraffic signaloperationsand ITSdesignandintegration.
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Should Christian become unavailable, Jason will substitute on his behalf. Brett Hansen, IMSA 1, ( certified in Corning Fiber Installation) will serve asConstruction Manager. Brett is an experienced construction manager, playing an integral role in various traffic engineering and electrical projects throughout the Southern California region. STCdesign support staff include Brandon Schlueter, EIT, and Cianluca Pesaresi, EIT, who have worked with Christian on several complex traffic signal design projects, and Kevin Stone, IMSA II, STC's construction inspector who has nearly 30 years of experience. Nearly all members of the design team have served on the City' s previous traffic signal and fiber optic interconnect projects.
Additional resumes are available upon request - qualificationsandresumesfor keystaffhave been kept to a minimum to accommodate the proposal page requirements.
TIMOTHY SEAMAN, IMSA II ( DBX)
DcsiGV1Barr1JPtyArrMANAorr3
Mr. Seaman, with nearly 35 years of
experience, has been working as a traffic
signal electrician/ project manager for DBX
since 2020. He is responsible for
scheduling of field personnel, equipment,
overseeing field personnel for all projects
assigned, including wiring and installation
for various signal and lighting projects. He
also served as foreman/ superintendent
from 2015- 2020 with responsibilities
including traffic control, job training,
project scheduling, and more. Education;
Ann Arbor Public School, Ann Arbor, MI
0982), Licenses: IMSA Level II Certification.
Similar Project Experience: Refer to DBX
projects listed in the table in Section B.
CHRISTIAN LAMBARTH, PE, TE, PTOE ( STC}
Pnoj. c. r MANA(& I - Pii0 J c l DI: S16N
Mr. Lambarth has over 15years of
experience leading the development of
PS& E for Southern California traffic
engineering projects. He hasextensive
experience with traffic signal design and
traffic system deployments through
numerous projects and on -call tasks.
Education: Michigan State University, East
Lansing, B.S., Civil Engineering ( 2009).
Licenses: P.E. ( Civil), CA, # 86675, P.E.
traffic), CA # 2927.
Similar Project EMpgrrience: Traffic Signal
Interconnect and Upgrade Projects ( Vista);
Design/ Build for Fire Station Fiber
Interconnect Project CIP 8326 ( Vista); As -
Needed Traffic Engineering ( Vista); Traffic
Signal Designs for Carlsbad, Encinitas,
Escondido, and others.
BRETT HANSEN, IMSA I { STC)
CONSrRUCDON MANAGER - CM SERVICES
With over 14years of experience, Mr.
Hansen is an experienced design engineer
and construction manager, playing an
integral role in various traffic engineering
and electrical projects throughout the
Southern California region. Education:
California State University, Chico, B.S., Civil
Engineering ( 2011). Licenses: IMSA Level I,
Corning Fiber Installation ( CFI).
Similar Project Experience: Traffic Signal
Interconnect and Upgrade Projects ( Vista);
Design/ Build for Fire Station Fiber
Interconnect Project CIP 8326 ( Vista); As -
Needed Traffic Engineering ( Vista).
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Fee Proposal - Phase I. Project Design
DBX and STC Design - Build Team
Employee Name
StackJason LanrbmiChristianSchlueter, Fireman Giant.. TrOsmar dam Al. l.
O[ M1erCosts
Prinelpal- in- Principal Project Project Project s, S" terr, S" Ons, Topographic Charge Manager Manager I Engineer 11 Engineer Engineer Engineer rvyfurnisM1ingLong-
StondordBillingRole Leatl Items
Tri
Task Task Description
Task 1. 0 Project Management/ Schedule 4 6 8 6
at East
Hours
24 $ 5, 280. 00
Task 2.0 Enhance Cendhlons 2 4 20 40 66 10, 120. 00
Task 3.0 Topographic Survey 20, 600. OD 20, 600. 00
Task 4. 0 Conceptual Design 4 8 16 24 40 92 15, 880A0
Task5.0 Potholing(HeldWorkcoordination& 2 4 10 16 24 404, 500. 00 56 9, 540. 00 Furnishing Lome -Lead Items)
Task 6. 0 Deaden Plans( 90%) 4 10 20 80 120 234 37, 360. 00 Task 7. 0 Pmjeer Estimate( 90%) 2 4 8 10 8 32 5, 940. 00 Task 8. 0 Pealed Specifications( 90%) 2 4
61 20
e1-
40 7, 140. 00
Task 9. 0 PS& E( NO%) 2 10 16 40 60 128 21, 180. 00
Task 10.0 Traffic Signal Timing 2 38 40 Be 16, 940. 00
Total Hours 22 48 88 216 300 3g 00 752
Subtotal Labor 6,380. 00 12A80. 00 17, 600. 0D 34, 590. 00 MOOO. OD 8, 360. 00 8, 000. 00 425, 10D. 00 lanel 80. Oo Doc: other Dinner Costs
Phase 1. Project Design - Total Cost 149, 980. 00
construction Costs During Phase 1 404,500. 00
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Fee Proposal - Phase H. Project Construction
DBX and STC Design - Build Team
Item r• During
Also Shown on Phase L Project r Other Costs)
QW. Unit Price Item Total
Underground Exploratory Work Potholin& Long LeadItems Only) L5 1 10, 000. 00I 10, 000. 00 Traffic Signal Pales ( Procurement) LS 1 285, 000. 00 285,000. 00 Controller Cabinet and 13135Cabinet ( Procurement Only) LS i 90, 000. 00 90, 000. 00 Service Cabinet Procurement Only) LS 1 19, 500. 00 19, 500. 00 Phase I Construction Subtotal: 404, 500. 00
Item M MY. Unit Price Item Total
Underground Exploratory Work L5 1 5, 000. 00 1 5, 000. 00 Conduit, Pull Boxes, and Foundations L5 1 639, 000. 00 639, 000. 00 Traffic Signal Poles L5 1 300, 000. 00 300, 000. 00
Signal5, Ped, Push Buttons, EVPE, and R5N5 & Reg. Signs LS 1 162, 000. 00 162, 000. 00 Controller Cabinet and 1385 Cabinet L5 1 15, 000. 00 15, 000. 00 Service Cabinet L5 11 3, 000. 00 3, 000. 00
Cabling, Wire, and Loop Detection LS 1 105, 000, 00 105, 000. 00 Fiber Optic Cabling ( Cabling, FOU, Splice Closure) L5 1 70, 000. 00 70, 000. 00 Communication Equipment (CCTV & switch) LS 1 75, 000- 00 75, 000- 00 Testing and Documentation LS 1 13, 5DO. 00 13, 500, 00
Civil Improvements ( Pedestian Ramps) LS 1 360, 000, 00 360, 000. 00 Signing and Striping LS 1 63, 000. 00 63, 000. 00
Phase II Construction Subtotahl 1, 310. 500, 00
Phase I + Phase II Construction Subtotal: i 2, 215, 000. 00 EstimatedSummaryof Construction
9% Sales Tax 1 104, 400. 00
Estimated Labor Total 490, 000. 00
Subtotal ( Material & Labor) 1, 749, 400. 00
15% Overhead 262, 410. 00
SUBTOTAL 2, 011, 810. 00
10% Profit 201, 181. 00
DBXJConstruction Cost with Overhead and Profit Total: 2, 212, 991. 00 Construction Management Description Uni t • t Y. Unit Price Item Total Construction Management Estimate ( STC Traffic) I LS 1 50, 000. 00 1 50, 000. 00 STC] CM Total: 50, 000. 00
Total Construction Cost [ DBX+ STCJ: 2, 262, 991. 00
Cost of Work Multipliers: 15°l overhead, 10% profit
Payment & Performance Bond Rates: 1% ( 22, 693. 16)
Change Order Mark- ups:
1) Labor: 2096 Actual cost for wages of workers, plus employer payments of payroll taxes, workers compensatlon, Insurance, liability insurance, health & welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws plus 20% labor ratesberforemark-up: EmployeeWage, plusemployerpaymentsof payrolltaxes, workerscompensation, insurance, liabilityinsurance, health & welfare, pension, vacation, apprenticeshipfunds, andother directcostsresultingfrom Federal, Stateor locallaws) 2) Materials and Equipment: 15%
3) Subcontractor: 5%
Note: The GMP (CD90%) will include a 5% construction contingency. The contingency shall be a percentage of the costs of construction defined as total sum of the trade contracts ( subcontractors), materials ( purchase orders), equipment, self -performed work, and general conditions.
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H. Exceptions to Project Information
The DB certifies that it takes no exceptions to the Project information including the Sample Agreement included in Attachment F.
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Insurance and Bonding Requirements
08/ 27/ 2024 C3 67 f 147
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INSURANCE AND BONDING REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract, and for one year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. 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 2,000, 000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/ location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance 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.
4. Surety Bonds as described below.
Contractor shall also provide the additional coverages checked below and at least as broad as:
5. Contractors' 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.
6. Builder' 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.
7. ® Professional Liability ( if Design/ Build), with limits no less than $ 1,000, 000 per occurrence or claim, and $ 2,000, 000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Deductibles and Self - insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such 000439971 1 of 4
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deductibles or self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance ( at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with iL
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Builder' s Risk ( Course of Construction) Insurance
Contractor may submit evidence of Builder' s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City' s site.
Claims Made Policies
If any coverage required is written on a claims -made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of Contract work.
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3. If coverage is canceled or non - renewed, and not replaced with another claims - made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five 5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identificationlremediation, the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identificationlremediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor' s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds if checked:
1. Bid Bond.
2. ® Payment Bond and Performance Bond.
3. Maintenance Bond.
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The Payment Bond and the Performance Bond shall be in an amount equal to the Contract Ceiling Price. If the Performance Bond provides for a one- year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract price is required.
Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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. 000439971 4 of 4
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V11:11:111111K3
Request for Proposal ( RFP)
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DESIGN/ BUILD SERVICES
REQUEST FOR PROPOSALS ( RFP)
FOR
THREE TRAFFIC SIGNALS PROJECT
CIP 8375, CIP 8376 & CIP 8377
Engineering Department
Jeanette Bradshaw, Capital Projects Manager
200 Civic Center Drive
Vista, CA 92084
760) 643- 5428
Submittal Deadline: Thursday, October 3, 2024, at 4: 00 PM 08/12/2025
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Table of Contents
1. INTRODUCTION.............................................................................................................................. 2
2. PREVAILING WAGES...................................................................................................................... 2
3. RFP AND CONTRACT SCHEDULE AND SUBMITTAL INSTRUCTIONS............................................... 3
4. DESCRIPTION OF THE DESIGN - BUILD PROCESS........................................................................... 4
5. PROJECT DESCRIPTION AND SCOPE OF WORK............................................................................. 4
6. PROPOSAL CONTENT..................................................................................................................... 7
7. CITY RESPONSIBILITIES................................................................................................................. 8
8. GENERAL OBLIGATIONS OF DB..................................................................................................... 8
9. INSURANCE REQUIREMENTS..................................................................................................... 12
10. INSPECTION ................................................................................................................................ 12
11. CHANGE IN GMP AND CONTRACT TIME...................................................................................... 12
12. PROJECT COMPLETION............................................................................................................... 12
13. WARRANTIES AND GUARANTEES............................................................................................... 13
14. MAINTENANCE OF RECORDS AND ACCOUNTING....................................................................... 13
15. OWNERSHIP OF DOCUMENTS.................................................................................................... 14
16. PUBLIC DISCLOSURE.................................................................................................................. 14
17. PROPOSAL SELECTION PROCESS............................................................................................... 14
18. PROPOSAL EVALUATION CRITERIA............................................................................................. 15
19. CONTRACT TERMS AND CONDITIONS........................................................................................ 15 ATTACHMENTS:
ATTACHMENT A - Project Location Vicinity Maps and Site Pictures ATTACHMENT B - City of Vista Pedestrian Ramp Checklist
ATTACHMENT C - City of Vista Stormwater Permit
ATTACHMENT D - City of Vista Encroachment Permit
ATTACHMENT E - Waste Managment Plan
ATTACHMENT F - Sample City of Vista Standard Agreement
EXHIBIT 2 Insurance and Bonding Requirements
EXHIBIT 5 Agreement to Comply with California Labor Law Requirements 08/12/2025
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DESIGN/ BUILD SERVICES REQUEST FOR PROPOSALS
THREE TRAFFIC SIGNALS PROJECT - CIP 8375, 8376 & 8377
1. INTRODUCTION
The City of Vista ( City or Agency) is soliciting proposals from qualified design - builder entities ( DB) forthe THREE TRAFFIC SIGNALS PROJECT - CIP 8375, 8376 & 8377 ( Project). The firsttraffic signal project is located at the intersection of S. Melrose Drive & Dawson Drive ( CIP 8375). The second traffic signal project is located at the intersection of N. Melrose Drive & Ascot Drive ( CIP 8377). The third traffic signal project is located atthe intersection of E. Vista Way and Franklin Lane ( CIP 8376).
The three traffic signals constitute the Project, and every requirement and provision in this RFP always apply to the three traffic signals, which are to be completed as one project. The selected design - build team ( DB) will provide the City with project management, engineering design, construction and construction management services for the Project. This Request for Proposals RFP) includes a description of the Project, scope of services, proposal requirements, criteria for selection and other relevant information.
The selected DB must provide a team for the Project comprised of a prime electrical construction contractor ( Contractor), a professional traffic engineering consulting firm ( Engineer) as a subcontractor, and other subcontractors to perform construction that the Contractor is not licensed to perform or choses to subcontract. All DB entities must be licensed/ registered in the State of California under their respective professions.
Interested DBs shall review and utilize existing data, previous relevant work and additional resources during the proposal phase, including studies and field investigations to determine the necessary level of effort required for the Project and for the Engineer to complete, sign and stamp the Project plans, specifications, and estimate, hereinafter referred as the Construction Documents.
As detailed in Sections 17 and 18 of this RFP, the award will be based on best value ( i. e., experience, expertise, and fees), not lowest responsible respondent. Section 6 details the contents required in proposals submitted in response to this RFP.
2. PREVAILING WAGES
This Project is funded with local funds and does not require any special project reporting or procedures. However, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq is required for this Project.
It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors under the Contractor, to pay not less than the general prevailing rates of wages to all workers employed in the execution of this Contract in accordance with the provisions of the California Labor Code and general law. Certified payroll on an approved compliance format is required for all work underthis Contact and shall be submitted directly to the Labor Commissioner' s Office as required by law.
In accordance with the requirements of Section 1726 of the Labor Code, the Agency will ensure that public works contractors pay prevailing wages and are in compliance with public works laws and will report any suspected violations to the Labor Commissioner. 2 08/12/2025
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In accordance with the requirements of Section 1727 ( a) of the Labor Code, the Agency will withhold and retain all amounts required to satisfy any Civil Wage and Penalty Assessment.
Information on the current prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, ( 415) 703- 4774 or from the California Department of Industrial Relations' internet website at http:// www. dir. ca. gov.
3. RFP AND CONTRACT SCHEDULE AND SUBMITTAL INSTRUCTIONS The City' s schedule for the RFP selection process and Project completion is as follows:
Milestone Completion Date
City Issues RFP September 6, 2024
Deadline for questions September 26, 2024 at 4: 00 PM
Proposals Due October 3, 2024 at 4: 00 PM
Phase I Design Contract Award December 10, 2024 ( tentative) Phase I Design Begin December 11, 2024
Phase I Construction Documents ( 90%) & GMP May 22, 2025 Phase 11Construction Contract Award June 24, 2025 ( tentative) Notice to Proceed with Construction July 8, 2025
Construction Completion November 28, 2025
All dates are subject to change, and the City reserves the right to extend the date by which proposals are due.
All DB teams must create an account on the City' s Electronic Bidding System, OpenGov Procurement to submit a proposal and receive addenda. Consultants can register using the ` Sign Up' link at the top of the page at:
https:// secure. procurenow. com/ portal/ cityofvista
Once registered proposers may obtain bid materials and view submission procedures for this solicitation through the OpenGov Procurement website.
No hard copy proposals will be accepted. Once registered, DB teams must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a " Prospective Bidder." DB teams that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their Proposal will be considered non - responsive. If a DB is unable to register or download the RFP from OpenGov Procurement, a DB representative should contact OpenGov Procurement to troubleshoot the problem.
All proposal documents must be uploaded using OpenGov Procurement prior to the Proposal Due Date as instructed in this solicitation. Once file( s) have been uploaded and the Submission Status shows as " Submitted" the submission is complete.
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 Procurement. All questions must be submitted by the Question Submission Deadline.
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To be considered, proposals shall be submitted through OpenGov Procurement no later than 4: 00 PM on Thursday, October 3, 2024. The OpenGov Procurement clock shall be the official time keeping clock.
4. DESCRIPTION OF THE DESIGN - BUILD PROCESS
The services to be provided by the selected DB are to be performed in two phases. Phase I is for the engineering design of the Project and Phase 11is for construction. The selected DB shall provide a Project Cost Estimate with their proposal as detailed in Section 6. G below.
Phase I - Design of the Project shall begin on the working day following the date that the Phase I contract is awarded by the City ( Contract Date).
At 90% Phase I Construction Documents completion, a Guaranteed Maximum Price ( GMP) will be established for Phase II Construction based on the Project Cost Estimate, which will include, but not be limited to, the cost for all labor, equipment, and materials to construct the Project in accordance with the Construction Documents ( scope in Section 5 below), all applicable rules, regulations and laws. After the City formally approves the 100% Phase I Construction Documents, GMP, and the amendment to the Phase I Contract needed to add the Phase II work, City shall issue to DB a written Notice to Proceed with Phase II Services ( NTP).
The DB shall provide line items for bonding, insurance and 5% DB contingency in the Project Cost Estimate. The 5% DB contingency 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 contingency shall not be applied to bonds or contingency amounts. Any costs incurred by the 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 the City. The total cost for Phases I and II shall not exceed DB' s Project Cost Estimate as described in Section 6. G below.
5. PROJECT DESCRIPTION AND SCOPE OF WORK
The DB will design and construct three traffic signals, safety luminaires, fiber optic interconnect, raised median reconfiguration, ADA curb ramps, intersection asphalt repaving, signing & striping and temporary erosion control at three intersections. The first location is the intersection of S.
Melrose Drive & Dawson Drive, which is a four- way intersection. The second location is the intersection at N. Melrose Drive & Ascot Drive, which is a three- way intersection. The third location is the intersection of E. Vista Way & Franklin Lane, which is a four- way intersection, with one of the legs of the intersection being a private commercial driveway. Please see detailed scope of work below.
5. 1 Phase I - Design Scope of Work and Deliverables
Phase I will result in the production of Construction Documents by the DB, signed and stamped by the engineering consultant for the Project. Phase I tasks are to include, but not be limited to, the following:
A. Provide a Phase I Project schedule per Section 6. F below. All items in Phase I must be completed within 120 calendar days of the Contract Date.
B. Perform a record search with the City and utility companies and show all existing utilities on the traffic signal design plans.
C. Retain a professional surveying firm to horizontally and vertically perform site survey 12 08/12/2025
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topography and supplemental survey for ADA improvements, intersection features, drainage facility needing replacement such as concrete cross gutters and spandrels, and locate ( 1) the public right of way for the intersections, ( 2) the existing overhead wires that may be in conflict with traffic signal/ luminaire poles and mast arms, and ( 3) any vegetation or large trees that may be in conflict with traffic signal/ luminaire poles and mast arms.
D. Provide a conceptual, schematic 8. 5" X 11" exhibit showing proposed signal phasing and signal indication layout. The intersection of S. Melrose Drive & Dawson Drive is a four- way intersection. The intersection of N. Melrose Drive & Ascot Drive is a three- way intersection.
The intersection of E. Vista Way & Franklin Lane is a four- way intersection, with one of the legs of the intersection being a private commercial driveway. Traffic Signals to be constructed in that order if possible. Attachment A includes an aerial image of each intersection and pictures of the areas for reference.
E. Provide 90% design plans for the construction of the new traffic signals, connecting to existing fiber optic interconnect, ADA curb ramps including any retaining wall modifications or utility relocations required or relocation/ removal of obstructions, raised median reconfiguration, signing & striping and temporary erosion control. Each traffic signal design plan will be separate and will have its own DWG number assigned by the City. Each design plan set will include:
Traffic Signal and Signing & Striping Title Sheets: The City will provide AutoCAD templates for traffic signal design and signing & striping title sheets, which include border & title, and traffic signal and signing & striping notes.
Traffic Signal Design Sheet: The traffic signal design sheet will show all pertinent aspects of the signal design including existing utilities ( including overhead), signal hardware, new conduits by directional boring, loop detection, phasing diagram, signal mast arm -mounted signs, streetlights as needed, tables and schedules, construction notes, etc.
The base map showing existing improvements ( curb & gutter, sidewalk, curb ramps, striping, signing, etc.) may be obtained from aerial imagery and field review. A survey is only necessary for verification of the public right of way and is not necessary for the other existing improvements as part of this task.
The signal pole foundation and base plates are to be shown to scale in the exact location where they are to be built to ensure that they meet Caltrans standards and are within public right of way and not in conflict with existing utilities, curb ramps and other physical constraints.
The signal plan is to be drawn at 20 scale. Attachment A includes an aerial image of each intersection and pictures of the areas for reference.
iii. Fiber - Optic Interconnect Design Sheet: This sheet will show fiber- optic interconnect equipment, design and construction notes to connect to the new traffic signal into the existing fiber- optic network. The City has the as -built drawings needed to complete this task.
iv. CCTV: Include one CCTV camera at each location.
V. ADA Curb Ramps: New ADA curb ramps, existing curb ramps in need of upgrade to current ADA standards, complete intersection 2- inch grind and asphalt overlay, existing driveways and street entrances in need of upgrade to current ADA standards, may be schematically shown and called out on the signal design sheet. However, as part of the construction staking for the Project ( part of Phase II Construction), a professional surveying firm is to produce cut sheets showing the horizontal and vertical design of the curb ramps. The cut sheets are to be adequate for the proper construction of the curb ramps to meet ADA standards and in accordance with design guidelines in 5 08/12/2025
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the City' s Pedestrian Ramp Checklist in Attachment B.
vi. Raised Median Reconfiguration Sheet: The existing raised median at the intersection of E.
Vista Way & Franklin Lane will need reconfiguration to create a standard, signalized four - legged intersection. This sheet will include a horizontal layout plan showing the work needed to reconfigure the existing raised median, including decorative elements, landscaping, and irrigation, along with the needed construction notes. vii. Signing & Striping: A signing and striping design sheet at 20 scale. viii. Erosion Control Sheets: Erosion control sheets using City AutoCAD templates.
F. Traffic Signal Timing: Develop and test a complete signal timing plan to properly operate each traffic signal. The City uses Q-Free signal controllers with MaxTime signal timing software. The timing plan is to include coordination timing with the adjacent traffic signal intersections along the respective corridors.
G. Provide 90% Project construction engineer' s estimate per Section 6.G below.
H. Provide 90% Project specifications based on the City' s latest template. This is NOT a federally or state funded project.
I. Propose a Phase II Construction GMP. The City and DB will negotiate a final GMP before entering into a Contract amendment for the Phase II Construction Services.
I Address all City comments on the 90% Project Construction Documents and provide 100% Construction Documents signed and stamped by the engineering consultant as the engineer of work. The Construction Documents are considered 100% when the DB determines that their contents are complete and clear to cause all the Project components to be constructed per the Scope of Work.
K. Provide project management, administration, and coordination through the design phase of the Project.
L. The City estimates that the Phase I Design, including overhead wire surveying, contract will not exceed $ 150, 000.
5. 2 Phase II - Construction Scope of Work and Deliverables A. Provide a construction schedule per Section 6. F below. All items in Phase II Construction must be completed within 100 working days ( Contract Time) of the date that the City issues an NTP.
This includes the DB submitting a Certificate of Completion and record drawings per Section 12 below. Traffic signals to be constructed in this order, if possible ( 1) intersection of S. Melrose Drive & Dawson Drive, ( 2) intersection of N. Melrose Drive & Ascot Drive, and ( 3) intersection of E. Vista Way & Franklin Lane.
B. Obtain a Faithful Performance Bond and a Payment Bond each covering 100% of the total cost stated in the approved final GMP.
C. Provide a City of Vista Stormwater Permit ( Attachment Q.
D. Obtain a no -fee City Encroachment Permit ( Attachment D).
E. Submit a Waste Management Plan ( Attachment Q.
F. Provide traffic control plans prepared by a California licensed Traffic Control Services Consultant ( C31 Contractor' s License - Construction Zone traffic Control Contractor), NOT by a California registered Civil or Traffic Engineer.
G. Implement traffic control as approved in the traffic control plans and perform utility potholing. 9 08/12/2025
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H. Provide construction staking through the professional surveying firm retained in Phase I.
Implement traffic control as approved in the traffic control plans and construct the improvements in the Project Construction Documents.
Turn on each traffic signal: Provide a qualified signal technician from McCain, Inc. and all necessary DB technical staff for a proper traffic signal turn on and to implement at the respective intersections the signal timing plans developed and tested during the Design Phase.
DB team shall observe the successful operation and communications of the traffic signals per the Scope of Work and Construction Documents. The field observations are to include observations of all coordination timing plans for the three intersections and modifying the timing as needed for the proper synchronization of the three intersections to the satisfaction of the City.
K. Provide as - built drawings ( see Section 12 below).
L. Perform construction management and administration services throughout the construction of the Project.
6. PROPOSAL CONTENT
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, section dividers, front and back cover, cover letter, etc. Font size should be 12- point on 8. 5" X 11" pages with 1" margins. Proposal shall be limited to 15- pages, excluding section dividers and front and back covers.
Proposals submitted in response to this Project RFP shall be in the following order and shall include:
A. A brief cover letter not to exceed one single- spaced page.
B. Statement of qualifications to include a synopsis of qualifications; a list of similar contracts; a brief description and time period of the services; and at least one reference for each contract for the prime and subcontractor ( design consultant).
C. Scope of work.
D. Approach, methodology, or work plan to be used to accomplish the scope of work.
E. Staffing structure/ chart and resumes for key staff ( including subs).
F. Project Schedule. Include all Project deliverables with the timeline for each task and sub - task based on the scope of work for both the design and construction phases.
All items in Phase I Design must be completed within 120 calendar days of the Contract Date.
All items in Phase II Construction must be completed within 100 working days of the date that the City issues an NTP. This includes the DB submitting a Certificate of Completion and record drawings per Section 12 below.
G. Project Cost Estimate
Provide a comprehensive cost estimate including all related costs for the Project. ii. Include cost breakdowns by Project Phase ( i.e., Design and Construction) as follows:
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long lead items.
Construction Phase II: Provide all supervision, labor, equipment, technical expertise, safety equipment and measures, traffic control, storm water pollution prevention measures, bonds, construction staking, material submittal review, construction management and all other labor and material needed to result in the complete construction of the Project and produce three fully operational traffic signals and radio communications per the Scope of Work and Construction Documents.
iii. The Project Cost Estimate will be used to establish a GMP once 90% Construction Documents are completed during Phase I Design.
iv. Clearly note all assumptions that were used to create the estimate and clearly note areas of concern.
v. Cost of Work Multipliers ( Fee): Based on the scope and size of the Project, propose an overhead and profit percentage rate and any other multipliers such as liability insurance to be applied to the cost of work. This rate would apply to each major phase of the Project as it is released and subsequently bid to subcontractors.
vi. Change Orders: Indicate an overhead and profit percentage rate to be used on subsequent changes to the major phases of the Project. The negotiated rate shall also apply to deductive changes.
vii. Payment Bond, Performance Bond, and Insurance.
H. Exceptions to Project Information
The DB shall certify that it takes no exceptions to the Project information including the Sample Agreement included in Attachment F. 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.
7. CITY RESPONSIBILITIES
The City will be responsible for the following:
A. Furnish all reasonably available records and information, including as -built drawings.
B. Provide staff support.
C. Return of Project document reviews within 10 working days, shown as milestones on DB' s Project Schedule.
8. GENERAL OBLIGATIONS OF DB
The selected DB shall be obligated as follows:
A. Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.
B. 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.
C. 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. DB shall M
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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.
D. 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.
E. Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board and any other required agency.
F. Perform or subcontract the design services for the Project utilizing qualified, licensed, and sufficiently experienced traffic engineering firm (" Design Consultants") as identified in the 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.
G. Ensure that DB team personnel always conduct themselves in a professional manner.
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.
H. 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.
I. Take all reasonable steps duringthe course of the Project so as notto interfere with the ongoing operation of streets and the adjacent residences, businesses, and facilities, including but not limited to the following:
Not interfere with pedestrian and vehicular access and provide reasonable accommodation when necessary if impeded by Project work.
Take all reasonable steps during the course of construction and ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DB team 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 in accordance with all applicable laws and regulations.
J. 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 Contract Date. 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 the Contract Date or issuance of the NTP. If, after the Contract Date or issuance of the NTP, 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 9 08/12/2025
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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 and/ or construct the Project in compliance with Governmental Requirements applicable as of the Contract Date.
K. Obtain all permits necessary to complete the Project. The 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.
L. Adhere to the provisions of all permits and rules and regulations, including but not limited to those from the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (" Greenbook") and from the City of Vista.
M. Comply with all licensing requirements of the State of California and the City of Vista.
N. 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 all fines, penalties, liabilities, cost imposed upon City, its officers, employees, and agents as a result of this Project.
0. Perform Quality Control (" QC"). Review the Construction Documents to identify and correct errors and omissions and reduce the quantity of Change Orders during construction. Include a detailed review of drawings and designs relative to applicable laws and standards.
P. Be fully responsible for damages and liabilities resulting from errors or omissions below the standard of care defined in subsection ` R' below 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.
Q. DB agrees to fully assume all risks and costs associated with performing the services and meeting the obligations under the Design/ Build Contract. DB shall verify actual site conditions, topography, and facility conditions.
R. 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 a Class C10 Electrical 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 and City of Vista.
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 10 08/12/2025
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in the Project Schedule. 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.
iii. City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions, 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 persons shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
iv. 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 Contractor 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) shall be submitted 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.
S. The 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.
T. 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.
U. DB shall fully cooperate with City Representative and any of its agents assigned to this project.
V. The DB shall remain in compliance with the City of Vista Water Quality Protection Program and shall exercise every reasonable precaution to prevent the discharge of any material which is not 11 08/12/2025
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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. Please visit. https:// www. cityofvista. com/ stormwater for information.
W. Payment of prevailing wages is required for the Project per Section 2 above.
X. All DB team members must have a valid business license with the City of Vista prior to the Design/ Build Contract being awarded to the selected DB.
9. INSURANCE REQUIREMENTS
The DB shall comply with the insurance and bond provisions set forth in Exhibit 2 of Attachment F.
10. INSPECTION
It shall be the responsibility of DB to call for, coordinate and schedule all Project inspections by the City. Any required special inspections shall be the responsibility of the DB.
City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Projectsite 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.
The DB is responsible for establishing, maintaining, and correcting all Project site conditions to comply with all applicable permit conditions and regulatory requirements. City staff will conduct routine site inspections, provide inspections reports and corrective actions to the DB, as necessary, to ensure the City maintains compliance for all stormwater requirements, monitoring and reporting.
11. CHANGE IN G M P AND CONTRACT TIME
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.
For reasons expressly provided elsewhere in the Design/ Build Contract. 1-2. PROJECT COMPLETION
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 thatthe City may fully utilize the 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 and normal Final Completion Punchlist Work.
Final Completion shall be deemed to occur on the last of the following events:
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A. Acceptance of the Project by the City.
B. Submission of all documents required to be supplied by DB to the City as outlined in the Design/ Build contract, including but not limited to record drawing documents ( As - Built Drawings), scope deliverables, and warranties.
C. Recordation of a Notice of Completion for the Project 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.
The DB shall provide Project files to the City at the end of construction in the following forms:
A. One hard copy paper set of the Project As -Built design plans produced in AutoCAD and signed by the Engineer of Work.
B. One USB drive with all electronic unsigned AutoCAD, Word, and Excel files of the Project Construction Documents.
C. One signed PDF file of the Project As -Built design plans on the same USB drive in `B' above.
As -Built Drawings are to be accurate and legible records showing all components of the Project and their locations.
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.
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. This copy is in addition to those provided duringthe course of construction for comment.
13. WARRANTIES AND GUARANTEES
The DB warrants and guarantees to the City that materials and equipment incorporated into the Project will be new 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, will be rejected, by the City and must be corrected by the DB. 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 and correction of said work. Defective work may be rejected even if approved by prior inspection.
The warranty period shall commence when the Certificate of Completion is issued ( irrespective of beneficial use by City prior to Final Completion) and extend one 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. The Design/ Build contract will contain provisions addressing this issue and steps to correct defective work.
14. MAINTENANCE OF RECORDS AND ACCOUNTING
The DB shall maintain, during the Project implementation time and for a period of three years after 13 08/12/2025
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completion of the Project, accurate and organized records of all costs of any type and all services performed for the Project. The City will have the right at anytime including during the performance of all Phases of the Project to audit and copy all such records.
15. OWNERSHIP OF DOCUMENTS
Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB while 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 the 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 the 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.
16. PUBLIC DISCLOSURE
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 in the custody or control of a public entity generally must 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.
Note, City maybe legally obligated to disclose the 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.
17. PROPOSAL SELECTION PROCESS
Award will be based on best value per evaluation criteria listed in Section 18, not lowest responsible respondent. Design and construction expertise, relevant team experience, experience in similar projects, rates, and fees, will be significant factors. The 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.
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. 14 08/12/2025
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However, at its sole discretion, the City may waive any such failure to meet a requirement of this RFP that is immaterial.
18. PROPOSAL EVALUATION CRITERIA
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 significant factors and relative weights of importance:
25%- Overall experience and technical competence of the firm( s) ( including principal firm, 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.
20% - The strength and experience with projects of a similar nature of key personnel who will be dedicated to the Project.
iii. 20% - Rates and Fees including Cost of Work Multipliers, Preliminary Cost Estimate, Change Order rates, Payment and Performance Bond rates.
iv. 20% - Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner, including Project Schedule.
V. 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.
All evaluation criteria are subject to change via an addendum to this RFP.
19. CONTRACT TERMS AND CONDITIONS
Issuance of this Project Information does not commit City to award a contract nor to pay any costs incurred in the preparation of a response to this request. The 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.
Each submittal shall be valid for not less than one hundred and twenty ( 120) days from the date of receipt.
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 in writing. City reserves the right to modify the insurance limits or to substitute project insurance during contract negotiations. 15 08/12/2025
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ATTACHMENT A
Project Location Vicinity Maps and Site Pictures
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ATTACHMENT B
City of Vista Pedestrian Ramp Checklist
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Pedestrian Ramp Checklist
For Construction of Curb Ramps in the City of Vista
When Curb and Gutter is being formed and placed, check the following:
No obstructions or objects like poles or pullboxes allowed in the ramp or landing areas, and avoid them in side slope areas;
Clear width of the ramp depression in the curb >= 48", ( preferred width >= 60", per Caltrans); Depressedcurb shall be flush with gutter flow line at bottom of the ramp (0" curb height and 0" lip); Slope along the curb depression ( ramp cross -slope) <= 1: 48 ( 2. 08%), (<= 1. 50% preferred); For mid -block ramps, slope along the curb depressionmay match the slope of the adjacent street; Counter slope of gutters adjoining ramps <= 1: 20 ( 5. 00%, gutter hike -up is 3/4" instead of 1- 1/ 2") ( 24" gutter at 0. 00% required if gradebreak at flowline of gutter > 13. 3% (> 11. 00% preferred); For perpendicular ramps, slope of sides of curb ramp ( flares) <= 1: 10 ( 10. 00%) and >= 1: 48 ( 2. 08%) (<_
8. 33% preferred) (canbe 1:10relative to the streetgrade); For parallel ramps, slope of ramps on both sides <= 1: 12 ( 8. 33%) and >= 1: 48 ( 2. 08%) (<= 6. 70% preferred, 15.0' long max. ramp length if slope not achievable); Transition both sides of depressed gutter from flattened gutter to standard gutter to match curb height transitions;
When Sidewalk and Ramp is being formed and placed, check the following:
All curb and gutter specifications were followed, and finish of curb and gutter is acceptable; No obstructions allowed in the ramp or landing areas, and avoid them in side slope areas; Clear width of ramp >= 48" ( sidewalk clear width >= 48" behind curb, preferred width >= 60", per Caltrans);
Slope of ramp runs <= 1: 12 ( 8. 33%) (<= 6. 70% preferred); Crossslope of the ramp <= 1: 48 ( 2. 08%), (<= 1. 50% preferred); 48" SquareLanding at top of ramp, with slope <= 1: 48 ( 2. 08%) in any direction, (<= 1. 50% preferred); For mid -block ramps or at intersections without Yield or Stop controls, crossslope of ramp and landing may match the slope of the adjacent street;
No changesin level on ramp runs, keep warping to a minimum; Height differential acrossjoints in concrete <= 1/4";
12" wide grooved band on flat areaon top of ramp and side slopes (flares) (No longer required); Sidewalk cross slope <= 1: 48 ( 2. 08%) for 48" minimum behind the back of curb (<= 1. 50% preferred); After Sidewalk and Ramp is completed, check the following:
All sidewalk and ramp specifications were followed, and finish of sidewalk and ramp is acceptable; Yellow truncated dome pad with squaregrid pattern, 36" min. depth for full width of ramp (48" min.), installed on bottom of ramp behind curb per mfr' s recommendationsusing anchorbolts; Spacesbetween domesto line up parallel with direction of travel on ramp; Edge of truncated dome pad <= 8" from curb line and <= 2" gap on eachside of pad; When Asphalt Concrete is being placed, check the following:
Counter slope of asphalt concrete adjoining flattened gutters <= 1: 20 ( 5. 00%) for > 48" from curb line; Height differential acrossjoints at gutter lip <= 1/4"; When Crosswalks are being striped, check the following:
All specifications listed above for asphalt concrete were followed, and finish of asphalt concrete is acceptable;
Crosswalk width >= 96", with a 48" x48" area at bottom of curb ramps inside the crosswalk striping and outside parallel vehicle traveled way.
O:\ Engineering\ Department Only\ CIP\ MASTERS\ CITY OF VISTA\ MASTER CIP SPECIFICATIONS TEMPLATE\ Appendices\ Pedestrian Ramp Check List. doc Last Updated 9- 9- 20
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ATTACH M ENT C
City of Vista Stormwater Permit
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CITY OF VISTA
STORMWATER MANAGEMENT PERMIT INSTRUCTIONS
In order to comply with the federal Clean Water Act, the state Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuanceof any grading and/or building permit( s). The purpose of a Stormwater Management Permit is to document Best Management Practices (BMPs) that will be implemented to prevent pollutants ( including sediment) from entering stormwater conveyances and receiving waters. The Stormwater Management Permit becomes a part of the grading and/or building permit( s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:
SECTION 1: REOUIRED INFORMATION — This section is used to provide the City with the basic information necessaryto evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not required to have a Waste Discharge Identification Number WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board ( SWRCB). Those additional requirements include filing a Notice of Intent NOI) and preparation of a Stormwater Pollution Prevention Plan ( SWPPP). Please note that watercourses and waterbodies include ephemeraldrainages (i.e. those that aredry during part of the year).
SECTION 2: BEST MANAGEMENT PRACTICES — Best Management Practices ( BMPs) must be selected and implemented to prevent erosion and construction -related materials, sediment, wastes and spills from entering stormwater conveyance system and receiving waters.
NOTE: It is the responsibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista' s Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City, RWQCB or others.
At a minimum, the City requires that the BMPs designated as required in Table 1 ( attached) be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project' s scope, potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/ or contractor must complete Table 2 ( attached) indicating which BMPs will be used.
SECTION 3: CERTIFICATION — The property owner and/or contractor must sign this section certifying that they understand the City of Vista' s minimum requirements for stormwater managementof construction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness.
BMP manuals can be found at the City of Vista' spermit counter. Thesemanuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks. The entire manuals may also be ordered directly from the following sources:
Caltrans Manuals California Stormwater BMP Handbook
Caltrans Publications unit Municipal, Development/ Redevelopment, Construction 916) 445- 3520 & Industrial/ Commercial
916) 324- 8997 fax ( 510) 444- 6771
Revis
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2003
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CITY OF VISTA
STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/ or building permit application( s).
SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number: Project Name:
Name of Project Contact Person: Project Address or Location:
Title: Phone #:
Grading Start Date: Grading Finish Date:
Project Start Date: Project Finish Date: APN NO.
Estimated amount of disturbed acreage: ( If equal to or greater than 1 acre, you must also provide a WDID number from the SWRCB) WDID
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? YES NO Does the project site have or propose slopes higher than 25 feet or steeperthan 1: 1? YES NO Does the soil type have high erosion potential ( fine grain soil like sand, silt, fine disintegrated granite)? YES NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Management Practices ( BMPs). There are five categories of BMPs: 1) Erosion control practices, and; 2) Velocity reduction, and; 3) Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to prevent pollutants ( including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determine the types of BMPs that will be used, as well as the levels of application necessaryto comply with the City of Vista' s Stormwater and Grading Ordinances.
Best Management Practice Table
Table 1 (attached) must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum, the City requires that the BMPs designated as required in Table 1 be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present, then Storm Drain Inlet Protection ( BMP SC10) would not be applicable. Table 2 attached) must be completed by the project proponent to indicate which BMPs will be used.
Grading and/ or Building Plan( s) Best Management Practice Checklist The following applicable information shall be shown on the grading, building and/or erosion control plans:
Project boundaries
Footprint of any existing structures and facilities.
Footprint of all structures and facilities to be constructed.
Limits of grading.
Site entrances and exits.
Areas of soil disturbance, cut and/ or fill.
Vegetative areas to remain undisturbed.
Designated materials storage areas.
Existing and proposed grades of the site, along with any intermediate gradesthat will significantly affect site drainage patterns.
Location( s) where runoff from the site may enter storm drain( s), channel(s), and/or receiving waters.
Pleasenote that each of the items identified by a check () in Table 1 must be included on the plans, and labeled with the designation found in the tables ( for example, SS- 7).
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SECTION 3. CERTIFICATION
Thefollowing certification must be signed before a Grading and/or Building Permit( s) will be issuer I have read and understand that the City of Vista has adopted minimum requirements for stormwater management of construction activities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the potentially negative impacts of this project' s construction activities on stormwater quality. I further agree to install monitor, maintain or revise the selected BMPs to ensure their effectiveness.
I also understand that non-compliance with the City of Vista' s Stormwater and Grading Ordinances may result in enforcement by the City, including fines, citation, stop -work orders, ceaseand desist orders or other actions.
Property Owner/ Contractor Date
08/12/2025
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Table 1. 0 Minimum Construction Best Management Practices ( BMPs) Category of Activity
Roadways, BMP
Storm Water Best Management Practices Identification Daily Site Construction or Relocation Construction of
Walkways and Planting and
BMP) Number WorkPreparationand
of Below Ground Structures Above Ground
Parking
Earthwork Waterways
LandscapingEarthmoving and/ or Utilities Structures
Lots
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GENERAL SITE MANAGEMENT
Employee & Subcontractor Training CA40 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Materials Management
select all applicable to site activities)
Material Delivery / Storage WM- 1 CA10 x x x x x x x x x x x x x x x x x x Material Use WM- 2 CA11 x x x x x x x x x x x x x x x x x x Spill Prevention and Control WM- 4 CA12 x x x x
Waste Management
Solid Waste Mgmt WM- 5 CA20 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Sanitary / Septic Waste Mgmt WM- 9 CA24 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Concrete Waste Mgmt WM- 8 CA23 x x x x x x x x x x x
Hazardous Waste Mgmt WM- 6 CA21 x x x x
Contaminated Soil Mgmt WM- 7 CA22 x x x x x x x x x x x x x
OFFSITE SEDIMENT TRACKING
CONTROL
must select 1 or more)
Entrance/ Exit Inspection, Cleaning x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Stabilized Construction Entrance/ Exit TC- 1 ESC24 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Construction Road Stabilization TC- 2 ESC23 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Entrance/ Exit Tire Wash TC- 3 x x x x x x x I x x x x x x x x x x I x I x x x x x x x x x x I x I x Vehicle & Equipment Management
Vehicle & Equipment CleaningINS- 8 CA30 x x x x x x x x x x x x x x x x x x Vehicle & Equipment Fueling INS-9 CA31 x x x x x x x x x x x x x x x x x x Vehicle & Equipment MaintenanceINS- 10 CA32 x x x x x x x x x x x x x x x x x x Construction Practices
select all applicable to site activities)
Water Conservation NS- 1 x x x x x x x x x x x x x x x x x x x Structure Construction & Painting WM- 6 CA03 I x x x x x x x x x Paving Operations NS- 3 CA02 x x x x x x
Dewatering Operations NS- 2 CA01 x x x x x x x x x x
VELOCITY REDUCTION
select all applicable to site)
Outlet Protection SS- 10 ESC40 x x x x x x x x x x x x
Check Dams SC- 4 ESC41 x x x x x x x x x x x
Flared Culvert End Sections SS- 10 x x x x x x x x x x x Slope Roughering & Terracing NA ESC42 x x x x x x x x x x x 08/12/2025
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EROSION CONTROL
Site Planning Considerations
Scheduling SS- 1 ESC01 x x x x x x x x x x x x x x x x x x x x x x x x x x x Preservation of Exist Vegetation SS- 2 ESCO2 x x x x x x x x x x x x x x x x x Vegetation Stabilization
must select 1 or more)
Temp Seeding and Planting SS- 4 ESC10 x x x x x x x x x x Temp Mulching SS3, 6, 8 ESC11 x x x x x x x x x x
Hydroseeding SS- 4 x x x x x x x x x x
Vegetation Buffer Strips NA x x x x x x x x x x
Physical Stabilization
must select 1 or more)
Dust Control ESC21 x x x x x x x x x x x x x x x x x x x x x x x x Geotextiles, Mats, and Fiber Rolls SS- 7 ESC20 x x x x x x x x x x Bonded Fiber Matrix SS- 5 x x x x x x x x x x
Soil Stabilizers SS- 5 x x x x x x x x x x
Temp Stream Crossing NS- 4 ESC22 x x x x x x x x x x x x x x x x x x x x x x x Diversion of Runoff
Earth Dikes SS- 9 ESC30 x x x x x x x x x x x x x x x
Ditches and Berms SS- 9 x x x x x x x x x x x x x
Temp Drains and Swales SS- 9 ESC31 x x x x x x x x x x x x Slope Drains SS- 11 ESC32 x x x x x x x x x x
SEDIMENT CONTROL
must select 1 or more)
Silt Fence SC- 1 ESC50 x x x xx x x x x x x x
Straw Bale Barrier SC- 9 ESC51 x x x xx x x x x x x x
Sand Bag/ Gravel Bag Barrier SC- 6, S ESC52 x x x xx
gx
x x x x x x x
Brush or Rock Filter NA ESC53 x x x xx x x x x x x x
Storm Drain Inlet Protection SC- 10 ESC54 x x x xx x x x x x x x Straw Wattles SC- 5 x x x xx x x x x x x x
Sediment Trap SC- 3 ESC55 x xxxxxxxxx x x
Sediment Basin ( sized for 10-yr storm) SC- 2 ESC56 x x x xx x x x x x x x 08/12/2025
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Table 2. 0 Selected Construction Best Management Practices ( BMPs) Storm Water Best Management Practices
BMP)
BMP Identification
Number
BMP Selected
Implementation Date Maintence Schedule Other Notes
Shown
on
plans?
If not shown on plans, why?
m
orA
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T
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J
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m
c O
o3o
iEE -
0O O
0co2U GENERAL
SITE
MANAGEMENTEmployee & Subcontractor
Training CA40 Materials Management
select all
applicable to site activities) MaterialDelivery /
Storage WM- 1 CA10 Material Use
WM- 2 CA11 Spill Prevention
and Control WM- 4 CA12 Waste Management
Solid Waste
Mgmt WM- 5 CA20 Sanitary / Septic
Waste Mgmt WM- 9 CA24 Concrete Waste
Mgmt WM- 8 CA23 Hazardous Waste
Mgmt WM- 6 CA21 ContaminatedSoil
Mgmt WM- 7 CA22 OFFSITE SEDIMENT
TRACKING CONTROL must select
1 or more) Entrance/Exit
Inspection, CleaningStabilized Construction
Entrance/ Exit TC- 1 ESC24ConstructionRoad
Stabilization TC- 2 ESC23Entrance/Exit
Tire Wash TC- 3 Vehicle & Equipment
Management Vehicle & Equipment
Cleaning NS- 8 CA30Vehicle & Equipment
Fueling NS- 9 CA31Vehicle & Equipment
Maintenance NS- 10 CA32 Construction Practices
select all
applicable to site activities) Water Conservation
NS- 1 StructureConstruction &
Painting WM- 6 CA03 Paving Operations
NS- 3 CA02DewateringOperations
NS- 2 CA01VELOCITYREDUCTION
select all
applicable to site) OutletProtection
SS- 10 ESC40Check Dams
SC- 4 ESC41Flared Culvert
End Sections SS- 10 SlopeRoughering &
TerracingNA ESC42 EROSION CONTROL
Site Planning
ConsiderationsSchedulingSS-
1 ESC01Preservationof
Exist VegetationSS- 2 ESCO2
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EROSION CONTROL ( continued)
Vegetation Stabilization
must select 1 or more)
Temp Seeding and Planting SS- 4 ESC10
Temp Mulching SS3, 6, 8 ESC11
Hydroseeding SS- 4
Vegetation Buffer Strips NA
Physical Stabilization
must select 1 or more)
Dust Control ESC21
Geotextiles, Mats, and Fiber Rolls SS- 7 ESC20
Bonded Fiber Matrix SS- 5
Soil Stabilizers SS- 5
Temp Stream Crossing NS- 4 ESC22
Diversion of Runoff
Earth Dikes SS- 9 ESC30
Ditches and Berms SS- 9
Temp Drains and Swales SS- 9 ESC31
Slope Drains SS- 11 ESC32
SEDIMENT CONTROL
must select 1 or more)
Silt Fence SCA ESC50
Straw Bale Barrier SC- 9 ESC51
Sand Bag/ Gravel Bag Barrier SC- 6, SC- 8 ESC52
Brush or Rock Filter NA ESC53
Storm Drain Inlet Protection SC- 10 ESC54
Straw Wattles SC- 5
Sediment Trap SC- 3 ESC55
Sediment Basin ( sized for 10-yr storm) SC- 2 ESC56
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ATTACHMENT D
City of Vista Encroachment Permit
08/12/2025
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ENCROACHMENT PERMIT APPLICATION FORM
CITY OF VISTA
C A L I F 0 R N I A
Please print required information
NOTE: 36" MINIMUMCOVERFORUTILITIESENGINEERING00CIVICC CENTER DR.
INRIGNT-OF-WA VISTA, CA 92084
760) 639- 6111
JOB AND OR DRAWING NUMBER: ISSUED BY. DATE:
JOB SITE ADDRESS OR DESCRIPTION: PERMIT tl: PERMIT EXPIRATION DATE:
48 HOUR NOTICE REQUIRED FOR
ASSESSOR' S PARCEL NUMBER ( API):
INSPECTION AND PRIOR TO START OF WORK
CALL ( 760) 639- 6113
CONTRACTOR:
YOU MUST CALL UNDERGROUND SERVICE ALERT AT
1- 800d 4133) CONTRACTOR' S MAILING ADDRESS:
2) WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO.
THIS PERMIT IS INVALID WITHOUT THIS NUMBERCITY ZIP
EMAIL ADDRESS:
A CASH SECURITY is required for trench excavation or any work not covered by construction bonds. CASH SECURITY shall be a minimumPHONED FAX#:
of $ 500 or equal to Onecost of the proposed improvements within the City' a rightof- way. CASH SECURITY may be returned as follows. ForSTATE LICENSE NUMBER BUSINESSLICENSENUMBERdepositamountsgreaterthan $500, ninetyPercent (90%) oftheCASH SECURITY may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining tenDESCRIPTION OF WORK percent ( 10%) or a minimum of $ 500 will be retained for a Period of ( 1) year after the dam that the work is completed CASH SECURITY will be forfeited and used to correct defects, unacceptable work, trench failures or subsidence if corrective work is not completed within ( 5) working days after notification.
I agree to save, keep and hold harmless the CITY OF VISTA, itsJOB SITE CONTACT: officers and agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damagesCELL PHONE # to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or STARTDATE omission by the contractor, or any of the contractor s employees, or any sub - contractor. The CITY OF VISTA will not be liable for any ESTIMATEDCOMPLETIONDATE accident, loss or damage to the work prior to its completion and acceptance.
TH E FOLLOWING MUST BE INCLUDED OR EMAILED
WITH PERMIT APPLICATION: I am aware of the provisions of Section 3700 of the Labor Code TRAFFIC CONTROL PUNS( 1 COPY) which requires every employer to be insured against liability, for workman' s compensation or to undertake self-insurance in SITE PLAN I VICINITY MAP( 1 COPY)
accordance with the provisions of said Labor Code and l will CONSTRUCTION PLANS ( I COPY) comply with such provisions before commencing the performance LIABILITY INSURANCE ( 1 COPY) of the work of this contract.
WORKMAN' S COMP INSURANCE ( I COPY)
I hereby acknowledge that l have read this application and certify CITY OF VISTA BUSINESS LICENSE ( I COPY) that the information given is correct. I agree to comply with all CALOSHA PERMIT ( 1 COPY) applicable city ordinances, state laws and with the requirements of this permit.
PLEASESEND EMAIL SUBMISSIONS TO THE
FOLLOWING EMAIL ADDRESS.
SIGNATURE
encroachmentpermit@ci. vista. ca. us PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT- CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON Version Date July 2023
08/12/2025
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CI.f1/ F VI5A
CITY OF VISTA
r t , , „ „ „ , , Requirements for Encroachment Permits
1. Most have State Contractor' s License.
2. Required License Types: For trenching, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for SurfaceImprovements
3. Stateof California Occupational Safetyand Health Permit (CALOSHA).
4. Most submit applicable Underground Service Alert Number, if applicable.
5. Most have valid City of Vista BusinessLicense.
6. Most have Workers Compensation Insurancewith the City of Vista asCertificate Holder.
7. Most have Liability Insurancewith the City of Vista listed asthe Certificate Holder and as Additional Insured.
If working in a street or easement, liability amount must be at least $ 1,000, 000.00 For surface improvements - sidewalks or driveways amount must be $ 500,000. 00
8. Most have $11000,000.00 of pollution liability insuranceif doing any work on or within public sewer manholes or public sewer mains.
9. Most adhereto the attachedCity Notices for Traffic Control, Materials, and Stormwater standards.
PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance Endorsements must cover Ongoing and Completed Operations *****
10. Permit Fee & Required CashTrust Deposit: Minimum cost of permit is $1,669.85plus a minimum cash trust deposit of $ 500. 00 or an amount equal to the cost of the improvementsbeing donewithin the City' sright-of-way. Minimum permit fee covers3 hours of inspection time and 30 minutes for preconstruction meetings. Additional fees will be due if more than 3 hours of inspection time is required.
Trust Deposit may bereturned asfollows.
Ninety percent (90%) of CashDeposit may be returnedupon completion andapproval of the improvements by the City Engineer or his designee.
The remaining ten percent (10%) or a minimum of $500.00 will be held for aperiod of oneyear after the completion and final approval of the work andmay be returned if the funds are not required to correct improvement defects, unacceptable surface work and trench failure or subsidencewhich is not correctedwithin ( 5) working days after notification.
APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.
TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.
200 Civic Center Drive • Vista, CA 9208, 1 • Ph 760- 639- 6111 • Fu 760- 639- 6112 08/12/2025
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CITY OF VISTA
v - ap z°
4'cu .remua¢
Y
The following General Traffic Control Conditions shall be considered a part of the City of Vista Encroachment Permit Traffic Control and Standards
1. Telephone Engineering Inspection at 760- 639- 6113, 48 hours prior to any work in the City right- of-way.
2. The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant ( C31 Contractor' s License — Construction Zone Traffic Control Contractor) or be a California registered Traffic or Civil Engineer.
3. The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.
4. The Encroachment Permit shall be kept on the worksite during all ongoing work with the City -approved traffic control plan.
5. Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations. Minimum lane width is 11 feet.
6. No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.
7. Pedestrian walkway shall be left open or detoured using a minimum four -foot - wide safe passageway pursuant to a City approved traffic control plan.
8. Normal working hours are 7:00 a. m. — 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.
9. Work in the public right- of- way shall be Monday through Friday only. No work is allowed on Saturday, Sunday, or City Holidays without prior City approval.
10. Upon permit expiration, all work ceases until a new permit application is submitted and approved. Existing permit time extension requests must be submitted prior to expiration date of permit.
11. No construction vehicles shall be parked upon public sidewalks. VCC
10. 24. 040.
12. It is the permittee' s responsibility to protect against any dirt or debris from being deposited within the City storm drain system. See attached stormwater pollution prevention requirements.
13. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud, or other site nuisance. 200 Civic Center Drive ` Vista, CA 92084 ' 760- 639- 6111 ` Fax 760- 639- 6112 08/12/2025
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2 9
10 11
12 CITY OF VISTA - Notice
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards
The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.
No trenches shall be left open overnight. Trenches shall either be plated with recessed non- skid trench plates and all edges sealed with temporary AC seal, or backfilled and paved with a minimum of 2" of compacted 3/ 4" B2 PG 64- 10 hot mix. Temporary AC Cold Mix is not allowed unless authorized by the City Engineer. For trenches wider than 4-feet, a paving machine is required.
Curb, gutter, sidewalk, driveways, and curb ramps shall be sawcut to an even line and be removed joint to joint per SDRSD G- 11.
Curb and gutter and cross gutter shall be removed as directed by the City Inspector. Concrete removal will require a 1' minimum section of asphalt sawcut and repave.
Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF- 08A & 08B. Two- inch 2") grind and cap is required for all trenches and shall extend a minimum of 4 feet wide or 12- inches from the outside edge of the trench whichever is greater. AC shall be placed using a spreader box or a paving machine. Cap with 1/2" Med. C2- PG 64- 10 RAP unless otherwise noted. Streets paved with rubberized asphalt shall be capped with the same material.
All damaged roadway striping shall be replaced in kind.
All concrete placed shall be transit mix, unless waived by the City Inspector.
Two -sack slurry backfill is required when tunneling under curb and gutter.
All subgrade ( 12" depth) and basegrade material shall be compacted to 95 percent density.
Sidewalk sub/ base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.
No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.
Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/ rock etc. without this permit may subject this haul to an immediate Stop Work Notice.
Approved City materials for construction include:
a. Asphalt: Surface course -'/ 2" Med. C2- PG 64- 10 RAP, Min. . 10 thick Base course - 1/4" Med. B- PG 64- 10 RAP
Berm — D2- AR- 8000
Performance Grade ( PG) asphalt binder may be substituted for AR- 8000 asphalt binder in AC Berm]
b. Concrete for structures — 6- sack 3250 PSI min.
C. Concrete for curb and gutters, sidewalks, driveways — 520- C- 2500 min. d. Base material for curb ramps — 6" Class II/ Caltrans 26- 1. 02B e. Street base material — Class II
f. Sidewalk base material — 6" Class II
g. Curing compound on all concrete — Type I SSPWC 303- 5. 6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee' s responsibility to understand and implement all Standards, Codes and other applicable requirements. 200 Civic Center Drive * Vista, CA 92084 * 760- 639- 6111 * Fax 760- 639- 6112 08/12/2025
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CITY OF VISTA — NOTICE
The following Stormwater Pollution Prevention Requirements shall be considered part of the City of Vista Encroachment Permit Stormwater Pollution Prevention Requirements
Project Activity Required Pollution Prevention
Trash& Waste Generation Permittee shall inform anyo" iteemployees of these pollution prevention requirements.
REQUIREDFORALL Within or adjacent to the encroachment area, permittee shall:
PROJECTS"
Collect and contain all construction trash, waste, and debris Promptly contain and clean any spill on site
Routinely inspectsite, remove loose trash, and prevent spills Properly dispose of any hazardous materials
Not wash down surfaces unless water is collected and removed or directed to landscape
Close lids in trash collection areas when not in use
DiggingofDin —excavation, Withinoradjacenttotheencroachmentarea, permitteeshall:
trenching, demolition of Prevent dirt from migrating into street, sidewalk, or storm drain structures or grading
Protect nearby storm drain inlets with perimeter controls and/or filter fabric Install and maintain effective erosion and sediment controls Cover exposed soils using mulch, tarps, or erosion control devices Securetarps over dirt and debris piles
Routinely sweep site to remove and properly dispose of dirt generated by work Driveway or Sidewalk Within or adjacent to the encroachment area, permittee shall:
Direct surface runoff to landscape areas, where feasible Follow Required Pollution Prevention Requirementsfor" Diggingof Dirt" Follow Required Pollution Prevention Requirements for" Concrete, Paint, Mortar, or Stucco Work"
Concrete, Paint, Mortar, or Within or adjacent to the encroachment area, permittee shall:
Stucco Work Contain wet mixing areas within confined area Prevent concrete,paint, mortar or stuccomaterial from migrating into street, sidewalkor storm drain
Properly dispose of waste material generated by work
Temporary Storage of Within or adjacent to the encroachment area, permittee shall:
Materials Outside Elevatework materials off ground where possible, such ason pallets Secure tarps over work materials stored outside
Washing of Material, Within or adjacent to the encroachment area, permittee shall:
Equ ipment, or Surface Not wash down surfaces unless water is collected and removed or directed to landscape
Landscapingand Irrigation Within or adjacent to the encroachment area, permittee shall:
Systems Not store landscape materials in street
Prevent dirt from migrating into street, sidewalk, or storm drain Securetarps over piles of mulch or soil
Routinely sweep site to remove and properly disposeof dirt generated by work Not wash down surfaces unless water is collected and removed or directed to landscape
Test irrigation system, preventingoverspay and runoff from hardsurfaces 08/12/2025
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ATTACHMENT E
Waste Management Plan
08/12/2025
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CITY OF VISTA
C A L 1 F 6 R R I A
Owner:
Job Add
Permit #
Waste Management Plan
for residential additions, projects w/valuation greater than or equal to $ 75, 000, and all Demo permits)
Contractor:
Phone Number:
Estimated Cost of Project: $.
Type of Project: New Construction Remodel or T. I. Residential Commercial Demolition Check all that apply)
Cal Green 65% Non - Cal Green 50% Other
Non -hazardous construction waste generated during the course of this project shall be recycled and/ or salvaged for re -use at a minimum of 65% per CALGreen Sec. 5. 408. 1. Failure to comply may result in a penalty fee up to $ 1, 000. For projects which consist of mainly equipment and/ or racking, that have a combined weight of new construction disposal that does not exceed 2 lbs. per square foot of building area affected by this permit, may be deemed to meet the 65% minimum requirement upon approval of Building Department.
Commercial additions less than 1, 000 sci t.. and interior remodels with valuations from $ 75, 000 to $ 200, 000 shall recycle not less than 50% per VMC 13. 17.
ALTERNATIVE FORMS OF COMPLIANCE: ( If selected, do not complete Tables 1 & 2 below) Construction waste shall not exceed 2 lbs. per s.f. of area. All receipts shall be provided to the Building Official prior to final. ( This option not applicable for most construction projects.)
Square feet of construction area X 2 lbs. = lbs. of allowable waste.
I plan on using an EDCOroll -off bin. All receipts shall be provided to the Building Official prior to final.
Table 1 - Estimated Waste ( Tobefilledoutpriorto permitissuance - referto exampleonPage2.)
MATERIALS
lbs. of waste to betaken to
LANDFILL
lbs. of waste to be
RE -USED or RECYCLED Waste Hauling Company or Re Use Method Asphalt / Concrete
Brick / Masonry
Cardboard
Drywall
Landscape Debris
Lumber/ Wood
Metals
Mixed Waste
Trash Garbage
Other:
TOTAL Ibs.:
Estimated Percentage to be Re -Used or Recycled %
I certify that the information provided herein, to the best of my knowledge, is true and correct.
Contractor or Owner ( print name)
Contractor or Owner ( signature) Date
Official Use Only
Plan Approved Plan Deniec Project Valuation Approved
Reviewed / Approved by:
200 Civic Center Drive * Vista, CA 92084 * ( 760) 639- 6105 * Fax ( 760) 639- 6101 Updated 05/ 2018)
08/12/2025
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Table 2 - Actual Waste ( Tobecompletedafter construction) MATERIALS Ibs_ Of waste takento
LANDFILL
lbs. Of waste
REUSEDOrRECYCLEDWaste
Hauling CompanyOr R UseMontrealcomplete
Only if differentthan Table1) Asphalt/
Concrete Brick /
MasonryCardboard
Drywall
Landscape
Debris Lumber /
WOOd Metals
Mkeal
Waste Trash
Gurtrager Other:
TOTAL
for Actual
PercentageRe - Usedor Recycled % Official
Use Only65%
Goal Achieved 50% Goal Achieved Alternative Compliance Achieved Penally Paid $ 65% Not Achieved 50% Not AchievedReviewed /
Approved EXAMPLE:
Use the followingexampleas a guideto completingthis form. MATERIALS Ibs
of wageto he tokento LANDFILL
Ibs.
of wageto be RE -
USEDor RECYCLEDWaste Hoding Companyor Re -UseMethodAsphalt/ Concrete 0 2000 HQI, t[ LK0c0. Brick /
Masonry 100 450 15DW / Re - usedPWW2Ow- stte Cardboard
0 150 ttlt co. Drywall
0 50 F ltdtc0. Landscape
Debra 0 1. 20mulched 9 Re-ttsMG) rStteLumber/
Woad O 500 EACH Metals
100 400 EDCO / FtQIAU CO. Mined
waste 1000 500 ERGO Trash/
Garbage 300 0 EACA Gtber:
pool Clttvateo goo used as eyHsheolBase OwstteTOTAL
Ibs: L500 5070 Percentage
to be Re -Usedor Recycled77 % Formula:
TotalRefusedor RecycledX 100 = % R" sed Or Recycledtotal CombinedWaste) 5070
X 100 = 77% Re UsedOr Recycled1500+
5070) Since
77% exceedsthe minimumrequirementOf 65%, this plan complies. Page 2 of 2
08/12/2025
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ATTACHMENT F
Sample City of Vista Standard Agreement
08/12/2025
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DESIGN / BUILD SERVICES FOR THE
THREE TRAFFIC SIGNALS PROJECT
CIP NO' s. 8375, 8376 & 8377
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 THREE TRAFFIC SIGNALS Project — CIP No' s. 8375, 8376 & 8377; 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, 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 ScoDe 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 Interconnect Project ( Exhibit 1 attached hereto and incorporated herein), THREE TRAFFIC SIGNALS Project — CIP No' s. 8375, 8376 & 8377 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 $ XX, 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 11Project 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 11of 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.
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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 ( 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 INTENTIONALLY LEFT BLANK
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 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 00105692 1
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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.
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.
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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 C10 Electrical 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 00105692 1
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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 complete cleanup of all material that is discharged from the project in violation of the discharge rules.
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Section 4: Work Restriction and Bidding Requirement
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 190% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, 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 15% of the total additional labor, equipment, and material costs. This fee includes DB's office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor' s total costs. City will also pay any additional Subcontractor' s insurance or bonding costs.
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 00105692 1
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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 $ XXX, 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 II 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 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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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: Change 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.
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:
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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.
Section 15: Payment 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 00105692 1
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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 II Services for the Phase II Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase II 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: Project 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 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. 00105692 1
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