HomeMy WebLinkAboutPASCAL & LUDWIG CONSTRUCTORS - 2001-02-20 •
J� ► City of Huntington Beach
P.O. Box 190 - 2000 Main Street
Huntington Beach, California 92648
HUNTINGTON BEACH www.ci.huntington-beach.ca.us
From the desk of: Connie Brockway, CIVIC
City Clerk
Telephone: (714) 536-5404
Fax: (714) 374-1557
rz �
7
Bond No. 6 21 3 9 4 8
�> Premium: $9, 822. 00
WARRANTY BOND
. ` PROVED
G vo io ,� f ��� C/;;� / ' TP Four:
FER M
KNOW ALL MEN BY THESE PRESENTS: �; ��!
h-Atta�,
That Pascal &Ludwig Constructors as Principal,hereinafter called Principal,and,as
Safe co Insurance Company of America Surety, hereinafter called Surety, are firmly bound
unto City of Huntington Beach hereinafter called obligee, in the
sum of Six Million Three Hundred Seventy Four Thousand and 00/100 Dollars
(Sg74,000.00), lawful money of the United States of America, to be paid to the said
Obligee or its successors or its successors or assigns to the payment of which sum well and truly
to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally,firmly by these presents.
WHEREAS,Principal entered into a oontract with the said Obligee dated 2/2 7/2 0 01 for
Design and Construct of the Peck Reservoir Expansion Project
(Springdale Reservoir) ("Project")
Project #CC-1102
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to
guarantee for the period of Three (3) years after approval of the final estimate on said job, by
the owner, against all defects in worlananship and materials which may become apparent during
said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any
defective materials or workmanship which become apparent during the aforesaid period, then
this obligation shall be void;otherwise to remain in full force and effect.
Signed and sealed this -.day o f Apr i 14 . 2 0 0 3
ATTEST:
Pascal& Ludwit[Constructors
Name of Principal
Gl By:
aac-"" LA��-
(Signature' JPrincipal
Safeco Insnyrance Com an of America Seal
Witness: Stir
. Judson, Attorney ir. Fact
STATE OF CALIFORNIA
COUNTY OF LOS ANGELFS
Bond No: 6213948
On April 8, 2003, before me, Carl C. Hossli, a Notary Public in and for the above county,
personally appeared Douglas H. Judson to me personally known, who, being by me duly
sworn, did state that he is the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of
WASHINGTON, that the seal affixed to the foregoing instrument is the corporate seal of
the said corporation, that the instrument was signed, sealed, and executed on behalf of said
corporation by authority of its Board of'Directors, and further acknowledged the said
instrument and the execution thereof to be the voluntary act and deed of said corporation
by him voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year first above written.
My Commission Expires: January 14, 2007
Notary Public
CARL C.HONU
Ccx.1.i a-,# 139G1e07
Notary RM -Cdf ff110
Loa Angeles County
10'MVCa=.E0%Jmi4.2007
IF
POWER SAFECO INSURANCE COMPANY OF AMERICA
S A F E C O` GENERAL INSURANCE COMPANY OF AMERICA
► OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 12861
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
..."DOUGLAS H.JUDSON;THERFSE M PECKINPAUGH;Pasadcna,Califonia•••••••••••••••••••••••••••••••••••••••••••••
Its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
Issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 21st day of February 2003
Vim• ,
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V, Section 13.- FIDELfTY AND SURETY BONDS ._.the President,any Vice President,the Secretary, and arty Assistant Yrce President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business_.. On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V.Section 13 of the By-Laws,and
(III) A copy of the powerof-attomey appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.'
I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that
the bregoing extracts of the By-laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true
and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 8th dayof April 2003
COA�p,�
COI IM
SEAL SEAL
195'► 1st
of of '� CHRISTINE MEAD,SECRETARY
S-09741SAEF 2101
O A registered trademark of SAFECO Corporation
03/04/2003 PDF
+� City of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: 4e--Thomas A. Rulla, Project Manager
DATE: July 30, 2003
SUBJECT: Retention Release Payment
Company Name: Pascal & Ludwig Constructors
Address: 2049 E. Francis St.
City, State and Zip Code: Ontario, CA 91761
Phone Number: (909) 947-4631
Business License Number:A 208332
Local Address: N/A
Notice of Completion Date:Pending
Contract Purpose: Retention Release for Cash Contract 1102, Peck Reservoir Expansion Project
(Springdale Reservoir)
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on the bject at thrl*A time.
Date Robert F. Beardsley, Public Works Director
I certify that there are no outstanding in oices Kie.
Date Sh i reidenrich, City Treasurer
I certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office.
<z�- 6 3
to Connie Brockway, City Cler
Rotontinn Release Memo.doC 7130i2003 4A7 PM
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Recorded in Official Records, County of OrarW
Tom Daly, Clerk-Recorder
lllllll I,II!IIIIINill111111111i1I1!11111ulla11lII xlN 1111Np FEE
AND WHEN RECORDED MAIL T0: ��;' '
200300096295011:0 EE
WHEN RECORDED MAIL TO: 119 92 N12 1 2am 08111/2
CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.
Attn: Thomas A. Rulla 00 0.00 0.00 0.00 0.00
P.O. Box 190— 2000 Main St.
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to Pascal & Ludwig Constructors who was the company thereon for doing the
following work to-wit:
PECK RESERVOIR EXPANSION PROJECT (SPRINGDALE RESERVOIR),CC-1102
That said work was completed April 8, 2003 by said company according to plans and specifications and to the satisfaction of
the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June
30, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002.
That upon said contract Safeco Insurance Company of America was surety for the bond given by the said company as
required by law. f
This document is solely for the official business of the City of Huntington Beach, as contemplatdd under Government Code
Section 6103 and should be recorded free of charge. 1
Dated at Huntington Beach, California, this July 30, 2003. 4)
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange )ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I deciare under penalty of perjury that the foregoing is true and correct, and that said NOTI OF COMPLETION was duly
and regularly ordered to be recorded in the Office of the County Recorder of Arange County
Dated at Huntington Beach, California,this July 30, 2003. `
Director of Public Works or City Engineer
City of Huntington Beach, California
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(additinnal recnrdina tee aonliesl
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Recorde-J in Official Records, County of Orange
'tom Daly, Clerk-Recorder
r
AND WHEN RECORDED MAIL T0: IIIIIIIIIfIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pill INOFEE'
WHEN RECORDED MAIL TO: 119 92 N,200300096295011:02am 08/1 i/03
CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Attn: Thomas A. Rulla
P.O. Box 190—2000 Main St.
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to Pascal& Ludwig Constructors who was the company thereon for doing the
following work to-wit:
PECK RESERVOIR EXPANSION PROJECT (SPRINGDALE RESERVOIR), CC-1102
That said work was completed April 8, 2003 by said company according to plans and specifications and to the satisfaction of
the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June
30, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002.
That upon said contract Safeco Insurance Company of America was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this July 30, 2003.
J
J
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange )ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTI OF COMPLETION was duly
and regularly ordered to be recorded in the Office of the County Recorder of range Countyr
Dated at Huntington Beach, California, this July 30, 2003, ! f
i
Director of Public Works or City Engineer
City of Huntington Beach, California
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED I3Y THE CITY COUNCIL/
REDEVEI.OPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: February 22, 2001
TO: Pascal & Ludwig Constructors ATTENTION: Alan Ludwig, Pres.
Name
2049 East Francis Street DEPARTMENT:
Street
Ontario, CA 91761 REGARDING: City Funded Design/
City,State,'Lip
Build Agreement - CC-1102
See Attached Action Agenda Item F-3 Date of Approval 2-20-01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x _ Bonds__ Insurance__x
RCA Deed Other
CC: R. Beardsley _ _DPW _ x x x
Name Department RCA Agreeancnt Insurance Other
T. Rulla DPW x x x
Name Department RCA Agreement Insurance Other
Name Department RCA Agrecnunt Insurance Other
Name Department RCA Agrcuncnt Insurance Other
C. Mendoza x x x
— ---- — ------ Risk Management Dept. Insurance
(Telephone: 714-536.5227)
CITY OF HUNTINGTON BEACH �\ - T MIA
MEETING DATE: February 0 2 , 2001 DEPARTMENT ID NUMBER: PW 01-14
Council/Agency Meeting Held: 26 - o)
Deferred/Continued to: �I
A proved ❑ Condition Ily Approved ❑ Den i Ci Cle s Signature
Council Meeting Date: February 20, 2001 Department ID Number: PW 01-14
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratorv'*' ;
4REPARED BY: ROBERT F. BEARDSLEY, Director of Public �101 �_
SUBJECT: AWARD DESIGN/BUILD CONTRACT FOR SPRINGDALE
RESERVOIR, CC-1102
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Springdale Reservoir Project is a major component to expand
storage as recommended in the Water Master Plan. Should the City award the Design/Build
contract for Springdale Reservoir to Pascal & Ludwig Constructors in accordance with City
Council Resolution No. 99-101 and the Request for Proposals (RFP) requirements?
Funding Source: The project is funded from the Water Master Plan Fund Account No.
50791002.82100. The fiscal year budget for this project was $7,500,000. Since this is a
multi-year project, a current year encumbrance of $7,499,000 will be within the approved
budget. This includes contract costs, supplementals and $1 million contingency. Additional
construction contingency, if necessary, and design/build management costs will be provided
for in the 2001/02 Water Master Plan budget.
Recommended Action: Motion to:
1. Accept the Design/Build proposal and clarifications submitted by Pascal & Ludwig
Constructors 2049 East Francis Street, Ontario, CA 91761; and authorize the Mayor and
City Clerk to execute the City-funded design/build agreement between the City of
Huntington Beach and Pascal and Ludwig Constructors for Peck Reservoir Expansion
Project (Springdale Reservoir), CC-1102;
2. Authorize the Director of Public Works to expend a total of $7,834,000, which includes the
contract cost of $6,299,000-1 extended warranty option of $75,000; estimated change
order contingency of $1,260,000; and $200,000 for supplemental costs.
j I
01-014 Feb 20 Rulla (Springdale Reservoir award) -2- 219/01 11:38 AM
1
REQUEST FOR ACTION
MEETING DATE: February 20, 2001 DEPARTMENT ID NUMBER: PW 01-14
Alternative Action(s):
1. Deny award of the contract to Pascal & Ludwig and direct staff on how to proceed.
Analysis:
Springdale Reservoir will be constructed on City owned property at 14561 Springdale Street
(Attachment 1). The project consists of designing and building a new 9 million-gallon storage
structure, modifications to the existing booster pumping station and related improvements.
On August 21, 2000, City Council authorized the Director of Public Works to request Design-
Build proposals and use of the name Springdale Reservoir without restricting use of the
name Peck Reservoir Expansion for contract and reference document purposes.
Formal proposals were received from the three short-listed pre-qualified design-builders on
November 13, 2000. The selection and evaluation was completed in accordance with City
Council Resolution No. 99-101 (Attachment 2) and the Request for Proposals (RFP)
requirements (Attachment 3). Based upon the evaluation formula included in the RFP, the
Pascal & Ludwig proposal received the highest evaluation score of 94.0 points (Attachment
4).
The City evaluation team recommends awarding the contract for Design-Build of Springdale
Reservoir to Pascal and Ludwig based upon the RFP selection criteria (Attachment 5). The
recommendation for award of this contract is not based solely upon lowest price; however,
price represents 65 percent of the overall selection evaluation score.
The Pascal & Ludwig cost proposal was the lowest of the three proposals with a cost of
$6,299,000. Their proposal also contained the lowest optional extended warranty cost of
$75,000. The three proposals received on November 13, 2000 were publicly opened by the
City Clerk and contained the following cost proposals-
Design-Build Extended Warranty Option
1. Pascal & Ludwig Constructors $6,299,000 $75,000
2. Kiewit Pacific Company $6,628,000 $150,000
3. Schuler Engineering Corporation $8,646,702 $86,000
The evaluation team conducted follow-up interviews and clarifications were provided by the
proposers in accordance with the RFP.
Each of the proposals was based on the RFP design criteria and performance requirements
that allowed flexibility and permitted innovative design approaches, as long as they meet the
key project goals. Goals include seismic safety, low maintenance, reliability, long-term
facility life, cost effectiveness and ease of operation. The proposal received from Pascal &
Ludwig complies with the RFP and clearly addressed the design criteria and performance
requirements.
01-014 Feb 20 Rulla (Springdale Reservoir award) -3- 219I01 11:38 AM
REQUEST FOR ACTION
MEETING DATE: February 20, 2001 DEPARTMENT ID NUMBER: PW 01-14
Because the nature of the Design-Build project includes significant grading and
modifications to the existing pumping station, staff is requesting that 20 percent be reserved
to cover change orders instead of the normal 10 percent limit set by Resolution No. 4896.
Examples of possible change orders include changes in field conditions, material changes
and improvements to existing facilities that evolve during the course of the project.
Public Works Commission Review
The Commission reviewed and supported staffs request to advertise for Design-Build
proposals on June 21, 2000 by a vote of 6-0 and one abstention.
Environmental Status: The scope of services for the Design-Builder includes compliance
and filing of appropriate documents in accordance with the California Environmental Quality
Act.
Attachment(s):
City Clerk's
Page Number No. Description
1. Location Map
2. Design-Build Resolution No. 99-101.
3. Request for Proposal (on file with the City Clerk)
4. Pascal & Ludwig Proposal dated November 13, 2000, including
Preliminary Geotechnical Report by Leighton and Associates
(on file with the City Clerk)
5. Design/Build Agreement, with approved insurance certificates
RCA Author: T.Rulla:jm
01-014 Feb 20 Rulla(Springdale Reservoir award) -4- 2/9/01 11:38 AM
ATTACHMENT # 1
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LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT #2
RESOLUTION N0.99-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIIGTON
BEACH AUTHORIZING USING THE DESIGN-BUILD PROCESS FOR THE PECK
RESERVOIR EXPANSION PROJECT
WHEREAS, the use of DESIGNT-BUILD methodologies have been shown to
materially decrease the cost of construction. minimize change orders, accelerate
completion, and improve project delivery; and
The process allows the financial risk between design and construction to be
shifted to the contracting entity, which creates added claim protection for the City; and
The Citv of Huntington Beach desires to obtain the best value for public
works projects; and
The State of California, tluough the Public Contract Code, has allowed the use
of DESIGN-BUILD construction under certain prescribed conditions; and
The Cite Charter Section 614 authorizes City Council to create an exception to
the public bidding process for projects for the extension, replacement or expansion of
the transmission or distribution system of any existing utility operated by the City; and
The Peck Reservoir Expansion Project(Project) is a part of the overall Water
System Master Plan to provide emergency storage that is now lacking, and will provide
additional operating storage to enhance operational flexibility.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Huntington Beach does hereby approve the use of the DESIGN-BUILD process for the
Project and authorizes the Director of Public Works to pursue design and construction
of the Project utilizing a single entity, meaning a partnership, corporation,joint venture,
or other legal entity that is able to provide appropriately licensed contracting;
architectural, and engineering services, as needed; and
BE IT FURTHER RESOLVED, that the City Council of the City of
Huntington Beach authorizes the Director of Public Works to develop the program
setting forth the scope of the project; its desired characteristics; performance
specifications for the materials, equipment, quality and workmanship; and other
attributes deemed necessary; and
The Public Works Department will develop the technical criteria and
methodology including price, to evaluate DESIGN-BUILD proposals utilizing pre-
qualification and short-listing of potential proposers to limit the field to three (3) to five
(5) of the most qualified DESIGN-BUILD entities; and
. I
Res . 99-101
The selection will be based on a competitive negotiation process considering the design
approach, experience and track record; life cycle cost of proposed project, quality, project
features and operating functions; and maintenance considerations to determine the best value and
final selection. As a minimum, the DESIGN-BUILD entity shall:
a. Possess all required licenses, registrations, and credentials in good standing that are
required to design and construct the project.
b. Submit evidence that establishes the DESIGN-BUILD entity members have completed
projects of similar size, scope or complexity, and that proposed key personnel have
sufficient experience and training to competently manage and complete the design and
construction of the project.
C. Submit a proposed project management plan that establishes that the DESIGN-BUILD
entity has the experience, competence, and capacity needed to effectively complete the
project.
d. Submit evidence that establishes the DESIGN-BUILD entity has the capacity to obtain all
required payment and performance bonds, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the City the DESIGN-BUILD
entity has the capacity to complete the project.
e. Submit information and a declaration providing details concerning, at least the following:
0 Any construction or design claim or litigation totaling more than S500,000 or
5 percent of the annual value of work performed in the past five(5) years.
• Serious violations of the Occupation Safety and Health Act, as provided in
Part 1 Division 5 of the Labor Code, settled or filed against any member of the
Design-Build entity.
Violations of federal or state law, including, but not limited to, those laws
governing the payment of wages, benefits, or personal income tax withholding
or a Federal Insurance Contribution Act (FICA) withholding requirements,
State Disability Insurance withholding or Unemployment Insurance payment
requirements, settled or filed against any member of the Design-Build entity
over the past five (5) years.
• Information required by Section 10162 of the Public Contracts Code.
2
Res . 99-10
• Violation of the Contractor State License Law(Chapter 9)
coirunencing with Section 7000 (a Division 3 of the Business and
Professions Code),excluding alleged violations or complaints.
• Any criminal conviction or finding of liability or settlement in a civil
action involving any member of the Design-Build entity of submitting
a false, fraudulent claim to a public agency over the past five (5) years.
• A declaration that the Design-Build entity will comply v.-ith all other
provisions of law applicable to the project.
The City Council of the City of Huntington Beach recognizes that because a
DESIGN-BUILD contract will be awarded prior to the completion of a design, it is
impractical for the DESIGN-BUILD entity to list all subcontractors at the time of the
award.
BE IT FURTHER RESOLVED THAT THE City Council of the City of
Huntington Beach requires DESIGN-BUILD proposers to identify the types of
subcontractors, or subcontractor license classifications deemed essential for proper
completion of the project. All subcontracts or subcontractors not identified in the
proposal shall be selected by the entity based on a competitive bid procedure as set
forth by the department in the DESIGN-BUILD package that maintains protection for
subcontractors; and
Any DESIGN-BUILD entity that is selected to design and build the project
shall possess or obtain sufficient bonding as required by law. Nothing in this resolution
shall prohibit a general or engineering contractor from being designated as lead entity
for the purposes of purchasing necessary bonding to cover the activities of the
DESIGN-BUILD entity.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 15th N v , 1999.
ATTEST: Mayor
City Clerk APPROVED AS TO FORM:
REVIEVTD AND APPROVED: , City Attomey
,,, INITIATED AND APPROVED: 7
Citf Administrator
Director of Public Works
3
Res. No. 99-101
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNMGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at a
regular meeting thereof held on the 15th day of November, 1999 by the following
vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
Request for Proposal
(on file with the City Clerk)
ATTACHMENT #3
CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
Peck Reservoir Expansion Project
Design-Builder
CC No. 1102
:September 6, 2000
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (Proposal) are to be
submitted to:
Office of the City Clerk
Second Floor
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. INI. on November 13, 2000. Four copies of the Proposal shall be
submitted in a sealed envelope and marked: "Proposal for Peck Reservoir Expansion."
Proposals received after the specified time will not be accepted and will be returned
unopened. Proposal Bids will be publicly opened in the City Council chambers,
unless otherwise posted. A mandatory pre-proposal meeting will be held at the Water
Operations conference room located at 19001 Huntington Street at 2:00 P.M. on
September 20, 2000.
INDEX
SECTION PAGE
I. Introduction 2
rl. Project Description 2
III. Schedule of Events 3
Iv. Instructions for Proposers ' 4
V. Proposal Submittal 4
vl. Proposal Evaluation and Award of Contract 6
vn. Payment 7
vm. General Requirements 9.
0M FILE W 9EV10 IN �t'(�i GLERtZ'y Ot%Ft(�
Pascal & Ludwig Proposal dated Nov. 13, 2000,
including Preliminary Geotechnical Report by
Leighton and Associates
(on file with the City Clerk)
ATTACHMENT #4
Leighton and Associates
GEOTECHNICALCONSULTANTS
PRELIMINARY (PRE-BID) GEOTECHNICAL
REPORT FOR THE PROPOSED SPRINGDALE
RESERVOIR, CITY OF HUNTINGTON BEACH,
CALIFORNIA
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A GTG Company
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Submitted by. Submitted'to
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CONSULTING ENGINES November 13, 2000
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ATTACHMENT #5
CITY FUNDED DESIGNBUILD AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
PASCAL AND LUDWIG CONSTRUCTORS FOR THE
PECK RESERVOIR EXPANSION PROJECT (SPRINGDALE RESERVOIR) CC-1102
TABLE OF CONTENTS
Page(s)
ARTICLE1 WORK STATEMENT............................................................................................ 1
ARTICLE 2 CONTRACT DOCUMENTS .................................................................................2
i ARTICLE 3 CITY'S DUTIES AND RESPONSIBILITIES ....................................................... 3
ARTICLE 4 TIME OF PERFORMANCE..................................................................................4
ARTICLE5 CONTRACT PRICE............................................................................................... 5
ARTICLE 6 PAYMENT AND COMPLETION......................................................................... 5
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ARTICLE7 PROJECT DOCUMENTS...................................................................................... 8
ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES............ 9
ARTICLE 9 DESIGN PHASE SERVICES .............................................................................. I 1
ARTICLE 10 CONSTRUCTION PHASE SERVICES.............................................................. 13
ARTICLE 11 START-UP AND TESTING ............................................................................... 14
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS......................................... 15
ARTICLE13 BONDS................................................................................................................. 16
ARTICLE 14 INDEMNIFICATION....:...................................................................................... 16
ARTICLE15 INSURANCE......................................................................................................... 17
ARTICLE 16 PATENT FEES AND ROYALTIES.................................................................... 19
ARTICLE17 PERMITS.............................................................................................................. 19
ARTICLE 18 LAWS AND REGULATIONS.............................................................................20
ARTICLE19 TAXES.................................................................................................................. 20
ARTICLE 20 USE OF SITE AND OTHER AREAS .................................................................20
ARTICLE 21 SAFETY AND PROTECTION............................................................................21
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS...................................................22
ARTICLE23 EMERGENCIES...................................................................................................22
ARTICLE24 SUBMITTALS......................................................................................................22
ARTICLE 25 CONTINUING THE WORK................................................................................23
ARTICLE 26 DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE...........23
ARTICLE27 PREVAILNG WAGE........................................................................................... 26
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ARTICLE 28 CHANGES IN THE WORK AND CLAIMS.......................................................25
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION,REMOVAL..............................26
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGNBUILDER................................................................. 30
ARTICLE 31 TERMINATION OF AGREEMENT...................................................................30
ARTICLE32 DISPUTE RESOLUTION.................................................................................... 31
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING...................................................... 31
ARTICLE34 COPYRIGHTS/PATENTS................................................................................... 31
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS.............................................................. 31
ARTICLE36 NOTICES..............................................................................................................31
ARTICLE37 CAPTIONS...........................................................................................................32
ARTICLE38 IMMIGRATION...................................................................................................32
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ............................... 32
ARTICLE40 ATTORNEY'S FEES .......................................................................................... 32
ARTICLE41 SEVERABILITY.................................................................................................. 32
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED .............................33
ii
CITY FUNDED DESIGNBUILD AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
PASCAL AND LUDWIG CONSTRUCTORS FOR THE
PECK RESERVOIR EXPANSION PROJECT(SPRINGDALE RESERVOIR) CC-1102
THIS DESIGNBUILD AGREEMENT (the"Agreement"), made and entered into this
20th day of February , 2001, (the "effective date")by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to
as "CITY", and PASCAL AND LUDWIG CONSTRUCTORS, a California corporation,hereinafter
referred to as "DESIGNBUILDER."
Hereinafter,the CITY and the DESIGNBUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, and construction of the Peck
Reservoir Expansion Project (Springdale Reservoir) ("Project");
WHEREAS,the CITY issued a Request For Proposals for the Project on September 6, 2000
("RFP"); and
WHEREAS,DESIGNBUILDER submitted a proposal to CITY in response to the RFP on
November 13, 2000 ("Proposal"),
WHEREAS,based upon the evaluation criteria and competitive selection procedure set forth
in the RFP,DESIGNBUILDER has been selected to perform,both directly and through any
subcontracts it may enter into, the design, engineering and construction services set forth in this
Agreement and the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The"Work"is the scope of services to be performed and/or provided by
DESIGNBUILDER pursuant to and as required by all Contract Documents including,but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGNBUILDER shall design, engineer,procure materials and supplies,
construct, cause to be constructed, deliver, erect, commission, start-up, test complete and warranty
the Project, consisting of all necessary materials, labor, supervision,machinery, equipment, cranes,
facilities, tools, supplies and structures including those reasonably inferable from the Contract
Documents and necessary to produce the stated result even though no mention thereof is made in
the Contract Documents.
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1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include,but are not limited to, the following tasks:
A. Preparation of conceptual plans;
B. Preparation of documents for CEQA compliance and Design Review Board approval;
C. Securing of all applicable permits and approvals required by any federal, state, county or
local agency, including CITY;
D. Preparation of Construction Documents;
E. Construction of the Project; and
F. Start up and testing.
1.03 DESIGNBUILDER hereby designates Alan G. Ludwig, an individual, who shall
represent DESIGNBUILDER and be its sole contact and agent in all consultations with CITY
during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The"Contract Documents" shall consist of the following documents, all of which are
either attached hereto as Exhibits or are incorporated into this Agreement by this reference, with the
same force and effect as if the same were set forth at length herein:
A. This Agreement, as signed by the Parties and effective as of the effective date of this
Agreement. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part of this Agreement as follows:
1. That certain one-page letter, dated December 13, 2000,to Mr. Tom Rulla, of
CITY, from Mr. Alan G. Ludwig, of DESIGNBUILDER, entitled"Peck
Reservoir Expansion/Clarification of Extended Warranty Provision;" and
2. That certain one-page letter, dated December 18, 2000, to Mr. Tom Rulla, of
CITY, from Messrs. Alan G. Ludwig and Steve Tedesco, of DESIGNBUILDER,
entitled"Peck Reservoir Expansion Project/Clarification to Questions;"
3. That certain three-page undated document, entitled"Questions Regarding Pascal
and Ludwig Constructors Proposal for Design/Build of Springdale Reservoir."
The originals of these three documents are on file in CITY's Department of Public Works.
B. The RFP, including design criteria and performance requirements, attached hereto as
Exhibit A;
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C. The DESIGNBUILDER's Proposal, attached hereto as Exhibit B;
D. The Faithful Performance Bond to be attached hereto as Exhibit C;
E. The Payment Bond to be attached hereto as Exhibit D;
F. The Warranty Bond to be attached hereto as Exhibit E;
G. Construction Documents,upon approval by CITY in accordance with Article 9 herein.
2.02 Should there be any conflict between the terms of this Agreement and the proposal
of DESIGNBUILDER, then this Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said Proposal which is in conflict herewith.
2.03 This Agreement, together with all other Contract Documents constitutes the entire
Agreement between the Parties hereto and all other representations or statements heretofore made,
verbal or written, are merged herein. This Agreement may be amended only by written
modification executed by duly authorized representatives of the Parties hereto or according to the
Change Order procedure set forth herein.
ARTICLE 3
CITY'S DUTIES AND RESPONSIBILITIES
3.01 CITY's Designation of Authorized Representative. The CITY shall designate, from
time to time, in writing directed to DESIGNBUILDER, one or more representatives authorized to
act on the CITY's behalf with respect to the Project.
3.02 CITY's Right To Award Separate Contracts. The CITY reserves the right to perform
Work or operations related to the Project,with the CITY's own forces, and to award separate
contracts in connection with the Project. The consent or permission of DESIGNBUILDER shall
not be needed or required in this regard.
3.03 CITY's R ight To Stop The Work. If the DESIGNBUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance with the
Contract Documents, the CITY may, in its sole discretion, elect to order the DESIGNBUILDER to
stop the Work, or any portion thereof until the CITY reasonably determines that the cause for such
stop order has been eliminated. The CITY's right to stop the Work is in addition to the CITY's
right to terminate set forth herein.
3.04 CITY's Right To Cam Out The Work. If the DESIGNBUILDER defaults and
neglects to carry out the Work in accordance with the Contract Documents or fails to perform any
of its obligations under the Contract Documents, the CITY may, after forty-eight (48)hours written
notice to the DESIGNBUILDER, and without prejudice to any other remedy the CITY may have,
at its own cost and expense, make good on such deficiencies. In such case, an appropriate Change
Order shall be issued deducting from the payments then or thereafter due the DESIGNBUILDER
the cost of correcting such deficiencies. If the payments then or thereafter due the
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DESIGNBUILDER are not sufficient to cover such amount, the DESIGNBUILDER shall pay the
difference to the CITY within thirty(30) days of written demand from the CITY.
ARTICLE 4
TIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNBUILDER confirms that the Contract Time(as hereinafter defined) is a
reasonable period for performing the Work. DESIGNBUILDER agrees to commence Work
immediately upon receipt of a written Notice to Proceed issued by'the CITY,to continue
performance of the Work in a diligent and workmanlike manner, to achieve Substantial Completion
of the Work within 840 calendar days after the date of issuance of the Notice to Proceed and to
achieve Final Completion of the Work within the time fixed by the City in its Certificate of
Substantial Completion (the "Contract Time'). The Contract Time may be extended only with the
written permission of the CITY. Substantial Completion, as used in this Agreement,means
completion of construction and start-up testing.
4.02 Schedules. The planning, design, construction and completion of the Project shall be
undertaken and completed in accordance with the baseline Project Schedule to be provided to the
CITY within thirty(30) days after issuance of the Notice to Proceed. The Project Schedule shall
define major design and construction activities, their sequences and elapsed completion time from
the date of the Notice to Proceed. The Project Schedule shall be updated throughout the
performance of the Work. The Project Schedule maybe amended to benefit the Project if mutually
agreed by the CITY and DESIGNBUILDER in writing.
4.03 Delays and Extensions of Time.
A. If the DESIGNBUILDER is delayed in the progress of the Work by acts or neglect
of the CITY, CITY's employees, separate contractors employed by the CITY;
changes ordered in the Work not caused by the fault of DESIGNBUILDER, fire,
unusual delay in transportation, adverse weather conditions not reasonably
anticipated, unavoidable casualties, or other causes beyond the
DESIGNBUILDER's control,then the Date of Substantial Completion shall be
extended for a period equal to the length of such delay if,within ten (10) calendar
days after the beginning of any such delay, the DESIGNBUILDER delivers to the
CITY a request for extension for such delay and such request is approved by the
CITY. CITY's approval of such request shall not be unreasonably withheld.
B. An extension of time shall be the DESIGNBUILDER's sole remedy for any such
delay unless the same shall have been caused by acts constituting intentional
interference by the CITY with the DESIGNBUILDER's performance of the Work
where such acts continue after the DESIGNBUILDER's written notice to the CITY
of such interference. In the event the DESIGNBUMDER's work has been delayed
by acts constituting intentional interference by the CITY, the DESIGNBUILDER
shall be entitled to reimbursement for its reasonable additional costs resulting from
such delays but not for any additional profit or overhead.
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4.04 Liquidated Damages. DESIGNBUILDER and CITY recognize that time is of the
essence of this Agreement and that CITY will suffer substantial economic damage if the Work is
not completed within the times specified hereinabove,plus any extensions thereof allowed in
accordance with this Agreement. The Parties also recognize the extent of such damages shall be
incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this
Agreement,the amount of liquidated damages set forth below represents a good faith estimate as to
the actual potential damages that the CITY would incur as a result of late Substantial Completion of
the Project. The amount of the liquidated damages calculated hereunder dues not include any
penalty.
4.05 Amount of Liquidated Damages. If the DESIGNBUILDER fails to achieve
Substantial Completion of the Work on or before the date specified hereinabove,
DESIGNBUILDER and its surety shall pay to the CITY liquidated damages in the amount of One
Thousand Five Hundred Dollars ($1,500.00)per day for each day the date of Substantial
Completion is delayed beyond the date set forth in this Agreement. It is further mutually understood
and agreed between CITY and DESIGNBUILDER that the sums of liquidated damages set forth
above are additive for each and every day of delay in the event that Substantial Completion is so
exceeded. It is further understood and agreed upon by and between CITY and DESIGNBUILDER
that liquidated damages may be assessed against progress payments or retainage and that CITY will
issue a deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining,unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages,DESIGNBUILDER or its surety shall pay the difference to
CITY on demand. This paragraph shall not limit the CITY's ability to seek and obtain additional
legal remedies or damages that result from breaches of the Contract Documents by the
DESIGNBUILDER, other than those caused by delay in achieving Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGNBUILDER's performance of the Work described
herein,including the optional five (5)year extended warranty period, CITY agrees to pay
DESIGNBUILDER the Lump Sum Contract Price of: Six Million Three Hundred Seventy-Four
Thousand Dollars ($6,374,000.00) in accordance with the payment procedures set forth in Article 6
herein. The Contract Price of$6,374,000.00 consists of the following two (2) components: (1) Six
Million Two Hundred Ninety-Nine Thousand Dollars ($6,299,000.00) for the Project, including a
three(3) year warranty bond; and(2) Seventy-Five Thousand Dollars($75,000.00) for the optional
five (5)year extended warranty period. Except as otherwise provided in the Contract Documents,
the Contract Price will fully compensate DESIGNBUILDER for all Work performed by it, as
required by the Contract Documents and this Agreement.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and within
ten(10) calendar days after CITY's issuance of the Notice to Proceed,the DESIGNBUILDER
shall submit to the CITY for review a Schedule of Values, setting forth quantities and prices of
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4.04 Liquidated Damages. DESIGNBUILDER and CITY recognize that time is of the
essence of this Agreement and that CITY will suffer substantial economic damage if the Work is
not completed within the times specified hereinabove,plus any extensions thereof allowed in
accordance with this Agreement. The Parties also recognize the extent of such damages shall be
incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this
Agreement,the amount of liquidated damages set forth below represents a good faith estimate as to
the actual potential damages that the CITY would incur as a result of late Substantial Completion of
the Project. The amount of the liquidated damages calculated hereunder dues not include any
penalty.
4.05 Amount of Liquidated Damages. If the DESIGNBUILDER fails to achieve
Substantial Completion of the Work on or before the date specified hereinabove,
DESIGNBUILDER and its surety shall pay to the CITY liquidated damages in the amount of One
Thousand Five Hundred Dollars ($1,500.00)per day for each day the date of Substantial
Completion is delayed beyond the date set forth in this Agreement. It is further mutually understood
and agreed between CITY and DESIGNBUILDER that the sums of liquidated damages set forth
above are additive for each and every day of delay in the event that Substantial Completion is so
exceeded. It is further understood and agreed upon by and between CITY and DESIGNBUILDER
that liquidated damages may be assessed against progress payments or retainage and that CITY will
issue a deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining,unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages,DESIGNBUILDER or its surety shall pay the difference to
j CITY on demand. This paragraph shall not limit the CITY's ability to seek and obtain additional
j legal remedies or damages that result from breaches of the Contract Documents by the
DESIGNBUILDER, other than those caused by delay in achieving Substantial Completion.
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ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGNBUILDER's performance of the Work described
herein, including the optional five(5)year extended warranty period, CITY agrees to pay
DESIGNBUILDER the Lump Sum Contract Price of. Six Million Three Hundred Seventy-Four
Thousand Dollars ($6,374,000.00) in accordance with the payment procedures set forth in Article 6
herein. The Contract Price of$6,374,000.00 consists of the following two (2) components: (1) Six
Million Two Hundred Ninety-Nine Thousand Dollars ($6,299,000.00) for the Project, including a
three (3)year warranty bond; and(2) Seventy-Five Thousand Dollars ($75,000.00) for the optional
five (5)year extended warranty period. Except as otherwise provided in the Contract Documents,
the Contract Price will fully compensate DESIGNBUILDER for all Work performed by it, as
required by the Contract Documents and this Agreement.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and within
ten(10) calendar days after CITY's issuance of the Notice to Proceed, the DESIGNBUILDER
shall submit to the CITY for review a Schedule of Values, setting forth quantities and prices of
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items aggregating the Contract Price and will subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments during performance of the Work. Such prices will
include all overhead and profit applicable to each item of Work. The Schedule of Values, as agreed
to by the CITY, shall be used as a basis for payment.
6.02 Application For Pa nMent.
A. The DESIGNBUILDER shall deliver to the CITY on the tenth (10) day of each
month, an Application for Payment covering the Work performed during the
preceding month. The first application for payment should be delivered to CITY by
DESIGNBUILDER's completion of Milestone#1 of the Milestone Payment
Schedule. Thereafter, the DESIGNBUILDER shall deliver monthly applications for
payment to CITY as provided for immediately above. Each Application for Payment
shall constitute a representation by the DESIGNBUILDER to the CITY that,the
design and construction have progressed to the point indicated, the quality of the
Work covered by the Application is in accordance with the Contract Documents, and
the DESIGNBUILDER is entitled to payment in the amount requested.
B. In submitting each Application For Payment;DESIGNBUILDER warrants that title
to all Work covered by each Application for'Payment shall pass to the CITY no later
than the time of payment. The DESIGNBUILDER further warrants that all Work
covered by the previous Application for Payment is free and clear of all liens, claims,
security interests or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the DESIGNBUILDER that
the Work has been performed in accordance with the provisions of this
Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all persons
eligible to file stop notices in connection with the Work covering the
payment requested; and
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8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering the
payment received by DESIGNBUILDER for the previous Application for
Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGNBUILDER is making satisfactory progress toward completion of Work in
accordance with this Agreement, CITY shall promptly approve the Application, in which
event payment shall be made within thirty(30) days of receipt of the Application by
CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve
an Application for Payment, CITY shall notify DESIGNBUILDER in writing of the
reasons for non-approval,within seven (7) calendar days of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGNBUILDER for the percentage of Work completed through the period covered
by the Application for Payment less 10%retainage.
C. The DESIGNBUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGNBUILDER's performance under
the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or because of
subsequently discovered evidence or observations, shall nullify the whole or any part of any
payment previously issued, to such extent as may be necessary to protect the CITY from loss
because of:
A. Defective work not remedied;
B. Third parties claims filed which constitute reasonable evidence indicating probable
filing of such claims;
C. Failure of DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor,materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGNBUILDER to the
extent not covered by insurance; or
J
E. Reasonable evidence that the work cannot be completed within the Contract Time.
6.05 Substantial Completion. When the DESIGNBUILDER considers that the Work is
Substantially Complete, the DESIGNBUILDER shall prepare and submit to the CITY a request for
issuance of a Certificate of Substantial Completion and a comprehensive list of items to be
completed. The DESIGNBUILDER shall proceed promptly to complete and correct the items.
Failure to include an item on the DESIGNBUILDER's list does not alter the responsibility of the
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DESIGNBUILDER to complete all Work in accordance with the Contract Documents. Upon
receipt of the DESIGNBUILDER's request for issuance of a Certificate of Substantial Completion,
the CITY will make an inspection to determine whether Substantial Completion has occurred. The
CITY may either reject the DESIGNBUILDER's request for issuance of a Certificate of
Substantial Completion or issue a Certificate of Substantial Completion with the punchlist items of
Work to be completed or corrected ("Punchlist") and fixing the time within which
DESIGNBUILDER shall complete the Punchlist items and achieve Final Completion.
6.06 Final Completion and Final Payment.
A. When the DESIGNBUILDER considers that the Work is finally complete, the
DESIGNBUILDER shall so notify the CITY. The CITY will inspect the Work and
will either reject the request or accept the Work as evidenced by the recordation of a
Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGNBUILDER until ninety(90) days following CITY's recordation of a Notice
of Completion and the DESIGNBUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any way
be responsible,have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligations such as receipts,
releases and waivers from all persons or entities legally eligible to file stop
notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGNBUILDER shall
constitute a waiver of affirmative claims by the DESIGNBUILDER, except those previously made
in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCUMENTS
7.01 Use of and Title to Materials. DESIGNBUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices, calculations,
maps and other documents, shall be turned over to CITY upon termination of this Agreement or
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upon Final Completion of the Project, whichever occurs first. In the event this Agreement is
terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise
sees fit. Title to said materials shall pass to the CITY upon payment of amounts determined by
CITY to be earned by DESIGNBUILDER to the point of termination or partial completion or total
completion of the PROJECT, whichever is applicable. DESIGNBUILDER shall be entitled to
retain copies of all data prepared hereunder.
7.02 Delivery of Work Product. A copy of every technical memorandum and report
prepared by DESIGNBUILDER shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such work product, CITY
shall identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGNBUILDER shall maintain in a safe place at the Project
Site one record copy of all drawings, specifications, addenda, written amendments, change orders,
field orders and work change directives, in good order and annotated to show all changes made
during construction("Record Documents"). These Record Documents, together with all approved
submittals,will be available to CITY for reference. Upon completion of the Work,these Record
Documents and submittals, including a reproducible set of Record Drawings,will be delivered to
CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGNBBUILDER represents that it has
taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has
investigated and satisfied itself as to the general and local conditions which may affect cost,
progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor,water,power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the Project Site;
E. The surface conditions of the ground at the Project Site; and
F. character of the equipment and facilities needed prior to and during the performance of
the Work.
8.02 Review of Contract Documents and Field Conditions.
A. DESIGNBUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGNBUILDER shall perform the Work in accordance with the
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Contract Documents and submittals approved in accordance with the procedures set
forth herein.
B. DESIGNBUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site
which have been identified or made available by CITY.
C. The DESIGNBUILDER shall take field measurement and verify field conditions and
shall carefully compare such field conditions and other information known to the
DESIGNBUILDER with the Contractor Documents before commencing the Work.
D. DESIGNBUILDER has correlated the information known to DESIGNBUILDER,
information and observations obtained from visits to the Project Site,reports and
drawings identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
E. DESIGNBUILDER has given CITY written notice of all conflicts, errors, ambiguities
or discrepancies that DESIGNBUILDER has discovered in the Contract Documents and
the written resolution thereof by CITY is acceptable to DESIGNBUILDER, and the
Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the work.
F. DESIGNBUILDER is aware of the general nature of work to be performed by CITY
and others at the Project Site that relates to the Work as indicated in the Contract
Documents.
8.03 Legal Requirements. DESIGNBUILDER represents to the CITY that it is familiar
with and is satisfied as to all federal, state, county and local laws and regulations that may affect
cost,progress,performance or furnishing of the Work. The DESIGNBUILDER shall comply with
all applicable laws and shall give applicable notices pertaining thereto. The DESIGNBUILDER
shall prepare and file with the CITY all such documents required to obtain the necessary approvals
of governmental authorities having jurisdiction over the Work and/or the Project and shall secure
and pay for all permits and governmental fees, licensees and inspections necessary for the proper
execution of the Work and completion of the Project.
8.04 Before Starting Work.
A. The DESIGNBUILDER shall furnish the necessary bonds to CITY within thirty
(30) days from award of this Agreement and prior to the issuance of the Notice of
Proceed.
B. DESIGNBUILDER shall submit the following for review within thirty(30) calendar
days after issuance of the Notice to Proceed:
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1. A preliminary Project Schedule indicating the times (numbers of days or dates)
for starting and completing the various stages of the Work including each
Milestone specified in the Contract Documents;
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2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal; and
3. A preliminary Schedule of Values and Cash Flow Projection.
8.05 Initial Conference. Within thirty(30) calendar days after the issuance of the Notice
to Proceed, a conference attended by CITY and DESIGNBUILDER and others as appropriate will
be held to establish a working understanding among the Parties as to the Work and to discuss the
design concepts, schedules,procedures for handling submittals,processing Applications for
Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten(10) days before submission of the first Application for Payment, a
conference attended by DESIGNBUILDER, CITY and others as appropriate, will be
held to review for acceptability the required submittals. DESIGNBUILDER shall have
an additional ten(10) calendar days to make corrections and adjustments and to
complete and resubmit the documents. No progress payment shall be made to
DESIGNBUILDER until the submittals are acceptable to CITY as provided below.
B. The Project Schedule will be acceptable to CITY as providing an orderly progression of
the Work to completion within any specified Milestones and the Contract Time,but such
acceptance will neither impose on CITY responsibility for the sequencing, scheduling or
progress of the Work nor interfere with nor relieve DESIGNBUILDER from
DESIGNBUILDER's full responsibility therefor. The format and structure of the
Project Schedule will be as set forth in the Contract Documents and approved by CITY.
CITY's acceptance shall not be deemed to confirm that the schedule is a reasonable plan
for performing the Work. DESIGNBUILDER's Schedule of Submittals will be
acceptable to CITY as providing a workable arrangement for reviewing and processing
the required Submittals.
C. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be acceptable
to CITY as to form and substance.
ARTICLE 9
DESIGN PHASE SERVICES
9.01 Standard of Care. All design services to be performed by DESIGNBUILDER and its
employees, agents and subcontractors shall be performed in an expeditious and professional manner
using architects, engineers and other professionals properly licensed and duly qualified in the
jurisdiction in which the Project is located. The professional obligations of such persons shall be
undertaken and performed in the interest of the DESIGNBUILDER. All design services performed
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pursuant to this Agreement shall be provided with the standard of judgment, care,knowledge and
skill which prevails among design professionals engaged in practice within Southern California
under the same or similar circumstances,including the design and construction of an improvement
such as this Project in compliance with the CITY's requirements and performance criteria.Nothing
in this article shall create, or be deeded to create, a contractual relationship between such persons or
entities and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within the times
set forth in the Project Schedule accepted by CITY, DESIGNBUILDER shall:
A. Consult with CITY to discuss CITY's requirements for the Project and review
available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports, data or services and assist CITY in obtaining such reports, data, or
services;
C. Identify and analyze requirements of governmental authorities having jurisdiction
over the Project in order to approve the portions of the Project designed or specified
by DESIGNBUILDER with whom consultation is to be undertaken in connection
with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of Project
components, outline the nature and structural exterior and three dimensional scale of
the Project and which shall fix and describe in detail the configuration and character
of the Project;
E. Upon approval of the Conceptual Plans,prepare Preliminary Design Documents
consisting of final design criteria,preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the size,
quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and thereafter review them with CITY
for approval within the time indicated in the approved Project Schedule.
DESIGNBUILDER shall not proceed with the Final Design Phase until it receives
written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary Design,
Documents DESIGNBUILDER shall:
A. On the basis of the accepted Preliminary Design Documents,prepare final
Construction Documents showing the scope, extent, and character of the construction
to be performed and furnished by DESIGNBUILDER including technical drawings,
schedules, diagrams and specifications (which will be prepared,where appropriate,
in general conformance with the sixteen division format of the Construction
Specifications Institute) setting forth in sufficient detail for the requirements for
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construction of the Work which shall provide information customarily necessary for
the use of those in building trades.
B. Provide technical criteria, written descriptions and design data required for obtaining
approvals of such governmental authorities as have jurisdiction to review or approve
the final design of the Project, and assist CITY in consultations with these approving
governmental authorities.
C. Furnish the above documents, drawings and specifications to and review them with
CITY for approval within the time indicated in the approved Project Schedule.
DESIGNBUILDER shall not proceed with the Construction Phase unless and until it
receives written authorization from CITY to do so.
ARTICLE 10
CONSTRUCTION PHASE SERVICES
10.01 General.
A. Construction services shall be performed by DESIGNBUILDER and/or by qualified
and licensed contractors, subcontractors and suppliers who are selected,paid and acting
in the interest of the DESIGNBUILDER. DESIGNBUILDER shall provide or cause to
be provided and shall pay for design services, labor, materials, equipment, tools,
construction equipment and machinery, water, heat, utilities, transportation and other
facilities and services necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
B. The DESIGNBUILDER shall be responsible for and shall coordinate all construction
means,methods, techniques, sequences and procedures.
C. The DESIGNBUILDER shall keep the CITY informed of the progress and quality of
the Work.
D. The DESIGNBUILDER shall keep the Project Site free from accumulation of waste
materials or rubbish caused by the DESIGNBUILDER's operations. At the completion
of construction of the Work,the DESIGNBUILDER shall remove from and about the
Project Site the DESIGNBUILDER's tools, construction equipment,machinery, surplus
materials, waste materials and rubbish.
10.02 Supervision and Superintendent of Construction.
A. DESIGNBUILDER shall supervise, inspect and direct the construction competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may
be necessary to provide the construction in accordance with the Contract Documents.
DESIGNBUILDER shall be solely responsible to see that the completed construction
complies accurately with the Contract Documents and shall keep CITY advised as to the
quality and progress of the Work.
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B. DESIGNBUILDER shall keep on the Site at all times during construction a competent
resident superintendent,who shall not be replaced without written notice to CITY except
under extraordinary circumstances. The CITY shall have the right, at any time,to direct
a change in the DESIGNBUILDER's key personnel if performance is unsatisfactory, as
determined by CITY in its sole discretion. The superintendent will be
DESIGNBUILDER's representative at the Project Site and shall have authority to act
on behalf of DESIGNBUILDER. All communications to the superintendent shall be as
binding as if given to DESIGNBUILDER.
10.03 Labor, Materials and Equipment.
A. DESIGNBUILDER shall provide competent, suitably qualified personnel to survey
and lay out the construction and perform construction as required by the Contract
Documents. DESIGNBUILDER shall at all times maintain good discipline and
order at the Site. Except as otherwise required for the safety or protection of persons
or the Work or property at the Site or adjacent thereto, and except as otherwise
indicated in the Contract Documents, all construction at the Site shall be performed
during regular working hours, and DESIGNBUILDER will not permit overtime
work or the performance of construction of Saturday, Sunday or any legal holiday
without CITY's written consent, which will not be unreasonably withheld.
B. Unless otherwise specified in the Contract,Documents, DESIGNBUILDER shall
furnish or cause to be furnished and assume full responsibility for materials,
equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel,power, light,heat, telephone,water, sanitary facilities, temporary
facilities and all other facilities and incidentals necessary for the furnishing,
performance,testing, start-up and completion of the Work. DESIGNBUILDER, in
the presence of CITY's personnel,will direct the checkout of utilities and operations
of systems and equipment.
C. All materials, supplies and equipment incorporated into the Work shall be of good
quality and new, except as otherwise provided in the Contract Documents. All
warranties and guarantees specifically called for by the Contract Documents shall
expressly run and enure to the benefit of CITY. If required by CITY,
DESIGNBUILDER shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials, supplies and equipment. All
materials, supplies and equipment shall be applied,installed, connected, erected,
used, cleaned and conditioned in accordance with instructions of the applicable
supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
START-UP-AND TESTING
11.01 During the start-up and testing phase,DESIGNBUILDER shall:
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A. Provide assistance in connection with the start-up, testing,refining and adjusting of
any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation and
maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGNBUILDER shall not employ any subcontractor, engineer, supplier or other
individual or entity against whom CITY may have reasonable objection. DESIGNBUILDER shall
not be required to employ any subcontractor, engineer, supplier or other individual or entity to
furnish or perform any of the Work against whom DESIGNBUILDER has reasonable objection.
12.02 DESIGNBUILDER shall be fully responsible to CITY for all acts and omissions of
the subcontractors, engineers, suppliers and other individuals or entities performing or furnishing
any of the Work under a direct or indirect contract with DESIGNBUILDER. Nothing in the
Contract Documents shall create for the benefit of any such subcontractor, engineer, supplier or
other individual or entity any contractual relationship between CITY and any such subcontractor,
i engineer, supplier or other individual or entity,nor shall it create any obligation on the part of CITY
to pay any subcontractor, engineer, supplier or other individual or entity except as may otherwise be
I required by laws and regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing any
of the work under direct or indirect contract with DESIGNBUILDER. DESIGNBUILDER shall
require all subcontractors, engineers, suppliers and such other individuals and entities performing or
furnishing any of the Work to communicate with the CITY through DESIGNBUILDER.
12.04 All services performed or provided to and all materials and equipment supplied to
DESIGNBUILDER by a subcontractor or supplier will be pursuant to an appropriate design sub-
agreement or construction sub-agreement between DESIGNBUILDER and the subcontractor,
engineer or supplier which specifically binds the subcontractor, engineer or supplier to the terms
and conditions of the Contract Documents for the benefit of CITY. Whenever any such agreement
is with a subcontractor, engineer or supplier who is listed as an additional insured on the property
insurance provided for herein,the agreement between the DESIGNBUILDER and the
subcontractor, engineer or supplier will contain provisions whereby the subcontractor, engineer or
supplier waives all rights against CITY, CITY's consultants and all other additional insureds for all
losses and damages caused by any of the perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the insurers on any such policies require
separate waiver forms to be signed by any subcontractor, engineer or supplier, DESIGNBUILDER
will obtain the same.
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ARTICLE 13
BONDS
13.01 DESIGNBUILDER shall,no later than thirty(30) days after award of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGNBUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to warrant
such performance for a period of three (3)years after CITY's acceptance thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or better in
Best's Insurance Guide. If a Best's Insurance Guide rating is not available,the proposed surety
must meet comparable standards of another rating service satisfactory to CITY. Bonds issued by a
surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed
to be acceptable unless specifically rejected by CITY. Bonds from sureties not listed in Treasury
Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil
Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work to be
performed thereunder shall in any way affect its obligations and shall waive notice of any such
change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14
INDEMNIFICATION
14.01 To the fullest extent permitted by law, the DESIGNBUILDER hereby assumes
liability for and agrees to indemnify, defend and hold harmless, the CITY, its officers, officials,
agents, employees, and re representatives hereinafter referred to as Indemnities from and against
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any and all claims, demands, defense costs, actions, suits, expenses of any kind whatsoever, arising
out of or encountered in connection with this Agreement or the prosecution of the Work under it
(including but not limited to errors or omissions in design or design-build work for which
DESIGNBUILDER and/or its subcontractor(s) are responsible),whether such claims, demands,
actions, suits or liabilities are caused by DESIGNBUILDER, DESIGNBUILDER's
subcontractors, agents or employees or products installed on the Project by DESIGNBUILDER or
its subcontractors, regardless of whether caused in part by a party indemnified hereunder, excepting
only such injury, death, or damages as may be caused solely and exclusively by the negligence or
willful misconduct of the Indemnitees, as determined by a court of competent jurisdiction. Such
indemnification shall extend to all claims, demands, actions, suits, defense costs, or liabilities for
injuries, death, or damages occurring after completion of the Project as well as during the Work's
progress. DESIGNBUILDER further agrees that it shall, at its own cost, expense, and risk, defend
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Indemnitees in any and all claims, demands, actions, suits, or other legal proceedings (including
arbitration and mediation)which may be brought or instituted against Indemnitees. CITY shall
approve the defense counsel selected by DESIGNBUILDER to defend any such action, suit or
legal proceeding; approval shall not be unreasonably withheld.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees may
have under the law or under the Contract Documents. In the event of any claim or demand made
against any party which is entitled to be indemnified hereunder, the CITY may, in its sole
discretion, reserve, retain or apply any monies due to the DESIGNBUILDER under the Agreement
for the purpose of resolving such claims or demands;provided,however, that the CITY may release
such funds if the DESIGNBUILDER provides the CITY with reasonable assurance of protection of
the Indemnitees' interest concerning any such claim or demand. The CITY shall in its sole
discretion determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation Insurance.
A. Pursuant to California Labor Code section 1861, DESIGNBUILDER acknowledges
its awareness of section 3700 et seq. of said Code,which requires every employer to
be insured against liability for workers compensation. DESIGNBUILDER
covenants that it will comply with such provisions prior to commencing performance
of the Work hereunder.
B. DESIGNBUILDER shall maintain workers compensation insurance in an amount of
not less than:
1. One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars ($100,000)bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars($250,000)bodily injury by disease,
aggregate policy limit.
C. DESIGNBUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees; and shall furnish
proof to CITY of such subcontractors'workers compensation insurance coverage
before any such subcontractor commences work on the Project. DESIGNBUILDER
shall furnish to CITY a certificate of waiver of subrogation under the terms of the
workers compensation insurance and DESIGNBUILDER shall similarly require all
subcontractors to waive subrogation.
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15.02 General Liability Insurance. DESIGNBUILDER shall obtain and furnish to CITY,
a policy of general public liability insurance, including motor vehicle coverage covering the
PROJECT. Said policy shall indemnify DESIGNBUILDER, its officers, agents and employees,
while acting within the scope of their duties, against any and all claims arising out of or in
connection with the PROJECT, and shall provide coverage in not less than the following amounts:
A. Combined single limit bodily injury and property damage, including products/completed
operations liability and blanket contractual liability, of$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, employees and agents as
Additional Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the Project shall be deemed excess coverage and that DESIGNBUILDER's insurance
shall be primary.
15.03 Professional Liability Insurance. DESIGNBUILDER shall furnish a professional
liability insurance policy covering the design work required by the Contract Document. Said policy
shall provide coverage for Consultant's professional liability in an amount not less than$1,000,000
per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further
provides that:
A. The policy's retroactive date coincides with or precedes the DESIGNBUILDER's
start of the Work(including subsequent policies purchased as renewals or
replacements).
B. DESIGNBUILDER will make every effort to maintain similar insurance during the
required extended period of coverage following Project completion, including the
requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGNBUILDER agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising from
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work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing performance of
the Work hereunder,DESIGNBUILDER shall furnish to CITY certificates of insurance, subject to
approval of the City Attorney, evidencing the foregoing insurance coverages required by this
Agreement; said certificates and endorsements shall:
A. Name the CITY, its officers, employees and agents, as additional insureds with the
sole exception of professional liability insurance;
B. Provide the name,policy number and term of insurance coverage of each carrier and
policy;
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C. State that the policy is currently in force; and
D. Promise that such policies shall not be suspended, voided or canceled by either party,
reduced in coverage or in limits except after thirty days prior written notice to the
CITY;however,ten days prior written notice in the event of cancellation for
nonpayment of premium.
15.05 DESIGNBUILDER shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY. The requirement for
carrying the foregoing insurance coverages shall not derogate from the provisions for
indemnification of CITY by DESIGNBUILDER under Article 14 of the Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies of
insurance. DESIGNBUILDER shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGNBUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design,process, product or device which is the subject of patent rights or copyrights held
by others. To the fullest extent permitted by laws and regulations. DESIGNBUILDER shall
defend, indemnify and hold harmless CITY and its agents, employees and officers, from and against
all claims, costs, losses and damages (including bug not limited to all fees and charges of engineers,
architects, attorneys and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or pertaining, in any manner, to any actual or alleged infringement of patent
rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,process,product or device not specified in the
Contract Documents.
16.02 The DESIGNBUILDER offers and agrees to assign to the CITY all rights, title and
interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code of the State of California), arising from purchases
of goods, services or materials pursuant to performance of the Work. This assignment will be made
and becomes effective at the time CITY tenders final payment to DESIGNBUILDER, without
further acknowledgement by the Parties.
ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGNBUILDER shall
directly or through one or more of its subcontractors obtain and pay for all necessary.permits and
licenses. CITY shall assist DESIGNBUILDER,when necessary, in obtaining such permits and
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licenses. DESIGNBUILDER shall pay all governmental charges and inspection fees necessary for
the prosecution of the construction, which are applicable on the last day for receipt of proposals for
the Project.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGNBUILDER shall give all notices and comply with all laws and regulations
of the place of the Project which are applicable to furnishing and performance of the Work. Except
where otherwise expressly required by applicable laws and regulations, CITY shall not be
responsible for monitoring DESIGNBUILDER's compliance with any laws or regulations.
18.02 If DESIGNBUILDER performs any work knowing or having reason to know that it
is contrary to laws or regulations,DESIGNBUILDER shall bear all costs arising therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt of
proposals having an effect on the cost or time of performance maybe the subject of a claim as
provided for herein.
ARTICLE 19
TAXES
19.01 DESIGNBUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNBUILDER in accordance with the laws and
regulations of the place of the Project which are applicable during the performance of the Work.
ARTICLE 20
USE OF SITE AND OTHER AREAS
20.01 DESIGNBUILDER shall confine construction equipment,the storage of materials
and equipment and the operations of construction workers to those lands and areas permitted by the
CITY and other land and areas permitted by laws and regulations,rights-of-way,permits and
easements, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment. DESIGNBUILDER shall assume full responsibility for any damage to any
such land or area, or to the CITY or occupant thereof or of any adjacent land or areas,resulting
from the performance of the Work. DESIGNBUILDER shall,to the fullest extent permitted by
laws and regulations, indemnify and hold harmless CITY, CITY's consultants and anyone directly
or indirectly employed by any of them from and against all claims, costs, losses and damages
(including,but not limited to, fees of engineers; architects, attorneys and other professionals and
court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or
action, legal or equitable,brought by any such CITY or occupant against CITY, or any other party
indemnified hereunder to the extent caused by or based upon DESIGNBUILDER's performance of
the construction.
20.02 During the performance of the construction, DESIGNBUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from the
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construction. At the completion of the construction DESIGNBUILDER shall remove all waste
materials,rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment, temporary construction and machinery and surplus materials.
DESIGNBUILDER shall leave the Site clean and ready for occupancy by CITY at substantial
completion. DESIGNBUILDER shall restore to original condition all property not designated for
alteration by the Contract Documents.
20.03 DESIGNBUILDER shall not load nor permit any part of any structure to be loaded
in any manner that will endanger or damage the structure, nor shall DESIGNBUILDER subject any
part of the Work or adjacent property to stresses or pressures that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGNBUILDER shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the construction.
DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Project Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein,whether in storage
on or off the Project Site; and
C. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns,
walks,pavements,roadways, structures,utilities and underground facilities not
designated for removal,relocation or replacement in the course of construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any public
body having jurisdiction for the safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
DESIGNBUILDER shall notify owners of adjacent property and of underground facilities and
utility owners when prosecution of the Work may affect them, and shall cooperate with them in the
protection,removal,relocation and replacement of their property. All damage, injury or loss to any
property caused, directly or indirectly, in whole or in part, by DESIGNBUILDER, any
subcontractor, supplier or any other individual or entity directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
shall be remedied by DESIGNBUILDER. DESIGNBUILDER's duties and responsibilities for
safety and for protection of the Project Site shall continue until such time as all the Work is
completed and CITY has issued a notice to DESIGNBUILDER in accordance with Section 6.06
that the work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
21.03 Safety Representative. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Project Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and programs.
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ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGNBUILDER shall be responsible for coordinating any exchange of material
safety data sheets or other hazard communication information required to be made available to or
exchanged between or among employers at the Site in accordance with all applicable laws or
regulations.
ARTICLE 23
EMERGENCIES
23.01 In case of emergencies affecting the safety or protection of persons or the
construction or property at the Project Site or adjacent thereto, DESIGNBUILDER,without special
instruction or authorization from CITY, is obligated to act to prevent threatened damage, injury or
loss. DESIGNBUILDER shall give CITY prompt written notice if DESIGNBUILDER believes
that any significant changes in the construction or variations from the Contract Documents have
been caused thereby. If a change in the Contract Documents is required because of the action taken
by DESIGNBUILDER in response to such an emergency, a work change directive or change order
will be issued to document the consequences of such action.
ARTICLE 24
SUBMITTALS
24.01 CITY will review and approve all submittals(as this term is defined in the RFP).
CITY's review and approval will be only to determine if the items covered by the submittals will,
after installation or incorporation into the construction, conform to the information given in the
Contract Documents and be compatible with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will not
extend to means,methods, techniques, sequences or procedures of construction(except where a
particular means,method,technique, sequence or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item, as such,will not indicate approval of the
assembly in which the item functions or is installed. DESIGNBUILDER shall make all corrections
required by CITY, and shall return the required number of corrected copies of the required
submittal for review and approval. DESIGNBUILDER shall direct specific attention in writing to
revisions other than the corrections called for by CITY on previous submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGNBUILDER from responsibility for any variation from the requirements of the Contract
Documents unless DESIGNBUILDER has in writing called CITY's attention to each such
variation at the time of submission and CITY has given written approval of each such variation by
specific written notation incorporated into or accompanying the submittal.
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ARTICLE 25
CONTINUING THE WORK
25.01 DESIGNBUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as DESIGNBUILDER and CITY may
otherwise agree in writing.
ARTICLE 26
DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE
26.01 DESIGNBUILDER hereby unconditionally warrants and guarantees the CITY that
the Work (including all services, labor and materials provided by Subcontractors, sub-
subcontractors of any tier, vendors and material suppliers) shall strictly comply with the provisions
of the Contract Documents, including all Drawings and Specifications, and that the Work shall be
first-class in every particular and free from defects in construction and workmanship. The
DESIGNBUILDER further guarantees that all materials, equipment and supplies furnished by the
DESIGNBUILDER or by its Subcontractors, sub-subcontractors of any tier, vendors or material
suppliers for the Work shall be new, of merchantable quality, and of the most suitable kind and fit
for their intended purposes. Work not conforming to these requirements, including substitutions not
properly approved and authorized, shall be considered defective. Approval of any material or Work
at any time or stage of construction will not prevent its subsequent rejection for cause. The
DESIGNBUILDER shall jointly assign all its rights and interests in warranties of vendors and
material suppliers to the CITY upon Substantial Completion in a fashion that meets the
specifications of this Section. The terms "warranty" and"guarantee"are used interchangeably in
this Article and in this Agreement.
26.02 DESIGNBUILDER's obligation to perform and complete the Work in accordance
with the Contract Documents shall be absolute. None of the following will constitute an acceptance
of the Work that is not in accordance with the Contract Documents or a release of
DESIGNBUILDER's obligation to perform the Work in accordance with the Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a notification of Substantial Compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
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The DESIGNBUILDER's guarantees as set forth in this Article shall extend for a period of
thirty-six (36)months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Agreement. The CITY shall provide all
notices of defects in writing promptly after discovery of defective conditions. The establishment of
the time period of thirty-six (36)months after the Date of Final Completion or such longer period of
time as may be prescribed by law or by the terms of any longer warranty required by the Contract
Documents relates only to the specific obligation of the DESIGNBUILDER to correct the work.
Nothing contained in this Article shall be construed to establish a period of limitation with respect
to any other liabilities which the DESIGNBUILDER remains subject to under the Contract
Documents. Vendor and material supplier warranties are to have duration periods as set forth in the
Specifications,but in no event less than the period specified under this Section 26.02.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in the
Work, in violation of the guarantees set forth above, arises within thirty-six (36)months after the
Date of Final Completion, the DESIGNBUILDER and its sureties shall,upon the receipt of written
notice of such defect and demand to correct any such defective Work, at no cost to the CITY, shall
within three (3) days of receipt of notice of said defective Work(unless a longer period is agreed to
in writing by the CITY), furnish and provide all design and engineering, labor, equipment,materials
and other services at the Project Site necessary to correct such defect and cause the Work to comply
fully with the foregoing guarantees. The determination of any such defect shall be made by CITY
and shall be based on conformance with the Contract Documents. The DESIGNBUILDER is
obligated to correct all such defects,whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with the
CITY so as not to conflict with scheduled events taking place therein. The DESIGNBUILDER
shall obtain approved"Dark Days" from CITY prior to commencing corrective measures of
defective work. The DESIGNBUILDER shall bear all costs of correcting such rejected and
defective Work, including access to the Work and removal and replacement of non-defective Work
which is needed in order to correct defective Work, and also including compensation for the
Architect's or CITY's Representative additional services made necessary thereby.
26.04 In the event the DESIGNBUILDER has been notified of any defect in the Work in
violation of the DESIGNBUILDER's foregoing guarantees, and in the event the
DESIGNBUILDER fails to promptly and adequately correct such defect, the CITY shall have the
right to correct or to have such defects corrected on behalf of the DESIGNBUILDER, and the
DESIGNBUILDER shall promptly pay the CITY its costs and expenses incurred in correcting such
defect.
26.05 The DESIGNBUILDER warrants that title to all Work,materials and equipment
covered by an Application for Payment will pass to the CITY, either by incorporation in the Work
or upon the receipt of payment of such work by the DESIGNBUILDER, whichever occurs first,
free and clear of all stop notices, claims, security interests or encumbrances. The
DESIGNBUILDER further warrants that no Work, materials, or equipment covered by an
Application for Payment,whether requested by the DESIGNBUILDER, or by any other person
performing Work at the Project Site or furnishing materials and equipment for the Project, be
subject to any stop notice or encumbrances thereon. The DESIGNBUILDER and its surety hereby
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I
agree to indemnify, defend, and hold all indemnitees (as defined in Article 14 of this Agreement)
harmless from and against any and all costs, expenses including attorneys fees, damages, claims,
suits, or liabilities in any way arising out of stop notices relating to materials, equipment or services
provided the DESIGNBUILDER,by any sub-subcontractor,material or equipment suppliers,
vendors, employees, agents or representatives. It is expressly understood that the
DESIGNBUILDER's obligations in this respect begin immediately at the time of any filing, claim,
demand, correspondence or court proceeding and without regard to a showing of
DESIGNBUILDER's fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its separate
contractors resulting from the DESIGNBUILDER's correction or removal of Work which does not
conform with the requirements of the Contract Documents. However, the foregoing shall not
contravene potential recovery of such costs under insurance coverage afforded for any such loss or
damage under the Insurance terms of Article 15 of this Agreement.
26.07 The DESIGNBUILDER's warranty excludes damages or defects caused solely by
modifications not executed by the DESIGNBUILDER, improper or insufficient maintenance,
improper operation by the CITY, or normal wear and tear under ordinary usage.
26.08 If the CITY prefers to accept defective or non-conforming Work, the CITY may do
so at its sole discretion instead of requiring removal and correction by the DESIGNBUILDER. In
any such cases, a Change Order will be issued to reflect a reduction in the Contract Price where
appropriate and equitable. In the event that the final payment has been made or insufficient funds
remain to permit offset by the CITY, the DESIGNBUILDER shall make prompt payment to the
CITY of the amounts so determined.
26.09 The DESIGNBUILDER's guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), shall freely assignable by the CITY to assignees of its choosing without
DESIGNBUILDER's prior consent. The DESIGNBUILDER hereby agrees to honor the Article
26 Warranties to such Assignees. Upon assignment of the CITY's warranty rights,the Assignee
shall promptly notify the DESIGNBUILDER, in writing, of all discovered defects or defective
conditions; and DESIGNBUILDER shall then comply with its obligations under this Article 26 and
direct its performance to such Assignee. In no event shall the CITY's assignment of its warranty
rights alter the scope of the warranty period of DESIGNBUILDER's Article 26 Warranties.
ARTICLE 27
PREVAILING WAGE
27.01 DESIGNBUILDER shall pay at least the minimum prevailing per diem wages as
provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CHANGES IN THE WORK AND CLAIMS
28.01 In the event CITY requires additional services not included in the Contract
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Documents, or changes in the scope of services described in the Contract Documents,
DESIGNBUILDER will undertake such work only after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained, in accordance with Section 3 of the Standard Specifications for
Public Works Construction(SSPWC), and as specified herein..
28.02 DESIGNBUILDER shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGNBUILDER agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the CITY may require in writing. Under no
condition shall DESIGNBUILDER make any changes without the prior written order of the CITY,
and CITY shall not pay any extra charges made by DESIGNBUILDER that have not been agreed
to in writing by the CITY.
28.03 When directed to change the work, DESIGNBUILDER shall immediately submit to
the CITY a written Cost Proposal reflecting the effects of the change. Should the CITY agree to
such a Cost Proposal, the Work shall be performed according to the changes ordered in writing by
the CITY and the proper cost thereof shall be negotiated by the Parties upon cost and pricing data
submitted by the DESIGNBUILDER; thereupon, CITY will promptly issue an adjusted change
order to DESIGNBUILDER and the Contract Price and/or Contract Time will be adjusted upward
or downward accordingly.
28.04 The DESIGNBUILDER, as the initiating party,may submit one or more claims in
the form of Change Proposals for any requested adjustment in the Contract Price or Contract Time
pursuant to the provisions of this Agreement. In such case, the DESIGNBUILDER shall give the
CITY written notice within seven(7) calendar days after it becomes aware of the event giving rise
to the Change Proposal. Thereafter the CITY shall have a reasonable amount of time after receipt
of the claim to either confirm or refute the basis for the Change Proposal. Failure to give the notice
required by this section shall be deemed a waiver of the claim.
ARTICLE 29
TESTS AND INSPECTIONS CORRECTION,REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge shall be given to DESIGNBUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with jurisdictional
interests shall have access to the construction at the Project Site at reasonable times for their
observation, inspection and testing. DESIGNBUILDER shall provide such persons or entities
proper and safe conditions for such access and advise them of DESIGNBUILDER's site safety
procedures and programs so that they may adhere to them.
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f
i
29.03 Tests And Inspections.
i
jA. If laws or regulations of any public body having jurisdiction require that any part of
the Work to be inspected,tested or approved,DESIGNBUILDER shall assume full
responsibility for arranging and obtaining such inspections, tests or approvals,pay all
costs in connection therewith and furnish CITY the required certificates of inspection
or approvals unless otherwise indicated in the Contract Documents.
DESIGNBUILDER shall also be responsible for arranging and obtaining and shall
pay all costs in connection with any inspections, tests or approvals required for
CITY's acceptance of materials or equipment to be incorporated in the construction
! or of materials,mix designs, or equipment submitted for approval prior to
DESIGNBUILDER's purchase thereof for incorporation in the construction unless
otherwise indicated in the Contract Documents.
B. DESIGNBUILDER shall give CITY reasonable prior notice of the planned schedule
for all required inspections,tests or approvals.
29.04 Covered Construction. If any construction (or the construction work of others)that
is required to be inspected, tested or approved is covered by DESIGNBUILDER without written
concurrence of CITY, the Work must, if requested by CITY,be uncovered for observation at
DESIGNBUILDER's expense unless DESIGN/BUILDER has given CITY timely notice of
DESIGNBUILDER's intention to cover the same and CITY has not acted with reasonable
promptness in response to such notice.
29.05 Uncovering Construction.
A. If any construction is covered contrary to the written request of CITY or without
inspection, it must, if requested by CITY,be uncovered for CITY's observation and
at DESIGNBUILDER's expense.
B. If CITY considers it necessary or advisable that covered construction be observed by
CITY or inspected or tested by others, DESIGN/BUILDER, at CITY's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as
CITY may require,that portion of the construction in question. If it is found that
such construction is defective,DESIGNBUILDER shall pay all costs and damages
caused by or resulting from such uncovering, exposure, observation, inspection and
testing and of satisfactory replacement or rework, (including but not limited to all
fees and charges of engineers, architects, attorneys and other professionals, all court
or arbitration or other dispute resolution costs, and all costs of repair or replacement
of work of others); and CITY shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as to the amount thereof,may make
a claim therefor as proved herein. If, however, such construction is not found to be
defective, DESIGNBUILDER shall be allowed an increase in the Contract Price or.
an extension of the Contract Time (or milestones), directly attributable to such
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uncovering, exposure, observation, inspection, testing, replacement and rework; and,
if the Parties are unable to agree as to the amount or extent thereof,
DESIGNBUILDER may make a claim as provided in Section 28.04 of this
Agreement.
29.06 City MU Stop the Construction. If the construction is defective, or
DESIGNBUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or
fails to furnish or perform the construction in such a way that the completed construction will
conform to the Contract Documents, CITY may order DESIGNBUILDER to stop construction on
all or any portion of the work,until the cause for such order has been eliminated. However, this
right of CITY to stop construction shall not give rise to any duty on the part of CITY to exercise
this right for the benefit of DESIGNBUILDER or any other party.
. 29.07 Correction Or Removal Of Defective Construction. CITY will have authority to
disapprove or reject defective construction and will have authority to require special inspection or
testing of the construction whether or not the construction is fabricated, installed or completed. If
required by CITY,DESIGNBUILDER shall promptly, as directed, either correct all defective
construction whether or not fabricated, installed or completed, or, if the construction has been
rejected by CITY, shall remove it from the Project Site and replace it with nondefective
construction. DESIGNBUILDER shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals)made necessary thereby.
29.08 Correction Period.
A. If, within three years after the date of Substantial Completion or such longer period
of time as may be prescribed by laws or regulations or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provisions
of the Contract Documents, any construction is found to be defective,
DESIGNBUILDER shall promptly,without cost to CITY and in accordance with
CITY's written instructions, (i) correct such defective construction, or if it has been
rejected by CITY,remove it from the Project Site and replace it with construction
that is not defective, and(ii) satisfactorily correct or remove and replace any damage
to other construction or the Work. If DESIGNBUILDER does not promptly comply
with the terms of such instruction, or in an emergency where delay would cause
serious risk of loss or damage, CITY may have the defective construction corrected
or the rejected construction removed and replaced, and all costs and damages caused
by or resulting from such removal and replacement (including but not limited to all
fees and charges of engineers, architects, attorneys and other professionals, all court
or arbitration or other dispute resolution costs, and all costs of repair or replacement
of work of others),will be paid by DESIGNBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction,the
correction period for that time may start to run from an earlier date if so provided in
the Contract Documents or by written change order.
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C. Where defective work(and damage to other construction resulting therefrom)has
been corrected,removed or replaced under this Section 29.08, the correction period
hereunder with respect to such construction will be extended for an additional period
of one year after such correction or removal and replacement has been satisfactorily
completed.
29.09 Acceptance of Defective Construction. If, instead of requiring correction or removal
and replacement of defective construction, CITY prefers to accept it, CITY may do so.
DESIGNBUILDER shall pay all costs attributable to CITY's evaluation of and determination to
accept such defective construction (such costs to include but not be limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other dispute
resolution costs). If any such acceptance occurs prior to final payment, a change order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the defective
construction; and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the
parties are unable to agree as to the amount thereof, CITY may make a claim therefor as provided
herein. If the acceptance occurs after final payment, an appropriate amount will be paid by
DESIGNBUILDER to CITY.
29.10 City May Correct Defective Construction. If DESIGNBUILDER fails within a
reasonable time after written notice from CITY to correct defective construction or to remove and
replace rejected construction as required by CITY or if DESIGNBUILDER fails to perform the
construction in accordance with the Contract Documents, or if DESIGNBUILDER fails to comply
with any other provision of the Contract Documents, CITY may, after seven(7) days written notice
to DESIGNBUILDER, correct and remedy any such deficiency. In exercising the rights and
remedies under this Section, CITY shall proceed expeditiously. In connection with such corrective
and remedial action, CITY may exclude DESIGNBUILDER from all or part of the Project Site,
take possession of all or part of the construction, and Project Site, and suspend
DESIGNBUILDER's services related thereto, take possession of DESIGNBUILDER's tools,
appliances, construction equipment and machinery at the Project Site and incorporate into the
construction all materials and equipment stored at the Project Site or for which CITY has paid
DESIGNBUILDER but which are stored elsewhere. DESIGNBUILDER shall allow CITY,
CITY's representative, agents and employees, CITY's other contractors and consultants access to
the site to enable CITY to exercise the rights and remedies under this Section. All costs and
damages incurred or sustained by CITY in exercising such rights and remedies shall be charged
against DESIGNBUILDER and a change order will be issued incorporating the necessary revisions
in the Contract Documents and CITY shall be entitled to an appropriate decrease in the contract
price, and, if the parties are unable to agree as to the amount thereof, CITY may make a claim
therefor as provided herein. Such costs and damages will include but not be limited to all fees and
charges of engineers, architects, attorneys and other professionals, all court or arbitration or other
dispute resolution costs and al costs of repair or replacement of work of others destroyed or
damaged by correct,removal or replacement of DESIGNBUILDER's defective construction.
DESIGNBUILDER shall not be allowed an extension of the contract times (or milestones)because
of any delay in the performance of the construction attributable to the exercise by CITY of CITY's
rights and remedies hereunder.
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29.11 Final Inspection. Upon written notice from DESIGNBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGNBUILDER and will notify DESIGNBUILDER in writing of all particulars in which this
inspection reveals that the construction is incomplete or defective. DESIGNBUILDER shall
immediately take such measures as are necessary to complete such construction or remedy such
deficiencies.
ARTICLE 30
INDEPENDENT DESIGNBUILDER
30.01 DESIGNBUILDER is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. DESIGNBUILDER shall secure at its expense, and be
responsible for any and all payment of all taxes, social security benefits, state disability insurance
compensation,unemployment compensation and other payroll deductions for DESIGNBUILDER
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed under this Agreement.
ARTICLE 31
TERMINATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate DESIGNBUILDER's services hereunder at any time,with or without cause,
and whether or not the Project is fully complete. Any termination of this Agreement by CITY shall
be made in writing,with 72 hours notice of which shall be delivered to DESIGNBUILDER as
provided in Article 36 of this Agreement.
31.02 In the event of termination for convenience,the DESIGNBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the event
the DESIGN/BUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGNBUILDER fails to correct the failure of
performance within seven (7)calendar days after being given notice,the CITY may,without
prejudice to any other remedy, correct such deficiencies and may deduct the cost thereof from any
payment due the DESIGNBUILDER or, at the CITY's option,may terminate the employment of
the DESIGNBUILDER and take possession of the site and of all materials located on the site as
well as all drawings,plans and specifications and finish the Work by whatever means the CITY
may deem expedient. When the CITY terminates the DESIGNBUILDER for default as provided
for herein, the DESIGNBUILDER shall not be entitled to receive further payment until the Work is
finished. If the expense of finishing the Work exceeds the unpaid balance of the Contract Price, the
DESIGNBUILDER and its surety shall pay the difference to the CITY,within the time period
contained in CITY's written demand for payment.
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ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved through
litigation in the Superior Court of the State of California. Venue for any such litigation concerning
this Agreement shall be the County of Orange. The Parties hereby consent to the jurisdiction of
such court and expressly waive all rights they may have to a change of venue including, but not
limited to, the provisions of California Code of Civil Procedure Section 394. DESIGNBUILDER
agrees to incorporate the provisions of this Article into all subagreements and subcontracts and to
obtain express waivers from all subcontractors and subconsultants of their rights concerning a
change of venue from the Superior Court of the County of Orange.
ARTICLE 33
ASSIGNMENT AND SUBCONTRACTING
33.01 DESIGNBUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein,without the prior written consent
of CITY.
ARTICLE 34
COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patentor copyright on any work, item or material
utilized or used in constructing the work or produced as a result of any terms of this Agreement.
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS
35.01 DESIGNBUILDER shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of applicable provisions of law.
ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGNBUILDER's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by
enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United
States Postal Service, addressed as follows:
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TO CITY: TO DESIGNBUILDER:
Mr.Robert Beardsley Mr. Alan G. Ludwig, President
Department of Public Works Pascal and Ludwig Constructors
City of Huntington Beach 2049 East Francis Street
2000 Main Street Ontario, CA 91761
Huntington Beach, CA 92648
ARTICLE 37
CAPTIONS
37.01 Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
IMMIGRATION
38.01 DESIGNBUILDER shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions of
the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGNBUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. DESIGNBUILDER understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGNBUILDER.
ARTICLE 40
ATTORNEY'S FEES
40.01 In the event suit is brought by either party to enforce, interpret and/or construe the
terms and provisions of this Agreement or to secure the performance thereof, each party shall bear
its own attorney's fees, court costs and expenses (including the expenses of arbitration or
mediation).
ARTICLE 41
SEVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents shall be
deemed illegal, invalid,unenforceable and/or void by a court of competent jurisdiction or any other
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I
governmental agency of competent jurisdiction, such provision shall be deemed to be severed and
deleted from the Contract Documents, and this Agreement, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted herein and the Contract Documents shall be read and
enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day,month and year first above written.
PASCAL AND LUDWIG CITY OF HUNTINGTON BEACH,A
CONSTRUCTORS, municipal corporation of the State of
a California corporation California
By:
Alan G. Ludwig,PresideT Mayor
AND ATTEST:/:
By: City Clerk p
Rob Temple, Secretary
APPROVED AS TO FORM:
License Number: 373525
Al City AttorneyExpiration Date: 30 Apri12001 �'o ,rl
TIAT lD�AAND OVED:
REVIEWED AND APPROVED:
Director.of Public Works
C y Administrator
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. . .. .................. ............ ........ ............................. ...... .......
......... ......... ........
..................................... ............
DATE(MM/DDIM
...............
E:0- - :C
TM
.............. -AGE'.1% 30-JAN-2001
...... . ......
.................................. ........................................................
........................
jL;ER 80035 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
.,Jiliis Insurance Services of Orange County,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1551 N.Tustin Ave#1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Ca.Dept.of Ins. ffi ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License#0634704 COMPANIES AFFORDING COVERAGE
Santa Ana CA 92705 19410-001 AI(714)953-9521 COMPANY Commerce=Industry Insurance Company
Julie Sarkauskas A
INSURED 13269-001 (SANA)
COMPANY Zenith Insurance Company
B
PASCAL AND LUDWIG CONSTRUCTORS COMPANY
2049 E Francis Street C
Ontario CA 91761 COMPANY
D ............................ ............... . . ........................................... ..........
............
............................
........................... ........ ..... ........ .........
........ ........ ........
............ ........ . . ........... .......... ..... . ........
......... .... .. ..... . .......................%..--.......................... ..........
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM 08 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDIYY) DATE(MMJDD/YY)
• GENERAL LIABILITY 4177789 13-OCT-2000 13-OCT-2001 GENERALAGGREGATE $ 2,000.000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ 2,000,000
ICLAIMS MADE FX-1OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1.000.000
x BLANKET CONTRACTUAL FIRE DAMAGE An one fire) $ 50,000
MED EXP An one person) $ 5.000
• AUTOMOBILE LIABILITY 7666797 13-OCT-2000 13-OCT-2001 COMBINED SINGLE LIMIT $ 1,000.000
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIREDAUTOS BODILY INJURY $
X NON-OWNED AUTOS TXPRONTED ko"' TO FORM (Per accident)
GATL HUTTON, City Attorno .t
,,-,-- A ..-— PROPERTY DAMAGE $
AGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
GARAGE
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
TATU Z042602905 13-OCT-2000 13-OCT-2001 LIMjS I I OTH-
B WORKERS COMPENSATION AND X I WTICRSY ER
EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1.000,000
THE PROPRIETOR/
PARTNERS/EXECUTIVE INCL EL DISEASE-POLICY LIMIT 1.000.000
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1.000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Forms CG2010 11/85; Auto AI and WC040306 4/84 are Applicable & Attached
RE: RFP for CC #1102 Peck Reservoir Expansion Project
................X....... .................. .......................................:.................. . - . . .......
..... . ....................... ..................
..................... .. .......
.................%.........%......... ..............:..:. mom,%. ...... .......................
............................................. 400 .......
NCELLA N .................. ...........
ESTOGATEMOLDER."' --D- $.' �i�N
M - -10 0.41...1.0,
.................. ............................................... ................ ...-...........I....................................
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X%W0W1bxlX)t6 MAIL
City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main St. IA=XXKXIMTd VAX ax"NOXIMSIXXIAX Woom MONKMOXIt"=Kw="XX'
P.O.Box 190 wwtrvx—)M— x xrmxxaKxyqximxxmmrmwmwm)mxx)
Huntington Bch CA 92648 THORIZED PR IVE (
. ......................................................:................................................................ .................................
..........
..............%..............%..-.%-.-..-.%.-.%... :.:� .
..........X-V ... . .....x:`:.:.:.:.:.:.
A. ORD:CO.RPORAIIONIM...................
...... .........
Policy Number: 4177789
Named Insured: Pascal & Ludwig Constructors C
0 - P
This Endorsement Changes the Policy. Please read it carefully.
Additional Insured — Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
RE: RFP for CC#1102—
Peck Reservoir Expansion Project
Name of Persons or Organization
City of Huntington Beach and it's officers, employees and agents
And;
Any person or organizations that the insured has agreed and/or is required by contract to
name as an additional insured.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
It is further agreed that the insurance provided by this endorsement is primary. Other
insurance afforded to the additional insured shall apply as excess of, and not contribute
with, the insurance provided by this endorsement.
jVp'-ROVED AS TO FORM::
GAIL iUT-i'O11, City Attorney?
v. +Yr
CG 20 10 11 85 Includes copyrighted material of Insurance Services Office, Inc.with it's permission
Copyright, Insurance Services Office, Inc. 1984
I
i
i
t
6000
POLICY NUMBER: 7666797 'AUTOMOBILE LIABILITY CO-
INSURED: Pascal&Ludwig Constructors r)t;F NJ
THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—AUTO
This endorsement modifies insurance provided under the following:
SECTION II-AUTOMOBILE LIABILITY COVERAGE
i
i
RE: RFP for CC#1102—Peck Reservoir Expansion Project
j EPROVED AS TO FORM:
Names or Persons or Organization: G :IL 111J 'TON, City Attorney
City of Huntington Beach, its officers, employees, agents p�
A. Coverage
a. You for any covered"auto."
We will pay all sums an"insured"legally must
pay as damages because of"bodily injury"or b.Anyone else while using with your permission
"property damage"to which this insurance a covered"auto"you own,hire or borrow
applies,caused by an"accident"and resulting except:
from the ownership,maintenance or use of a
covered"auto." (1) The owner or anyone else from
whom you hire or borrow a covered
We will also pay all sums an"insured"legally auto.
must pay as a"covered pollution cost or
expense:to which this insurance applies,caused (2) Your employee if the covered
�-'- by an"accident"and resulting from the auto is owned by that employee or
a member of his or her household.
ownership,maintenance or use of covered
"autos." (3) Someone using a covered"auto"
�I However,we will only pay for the"covered
pollution cost or expenses"if there is either while he or she is working in a
business of selling,servicing,
"bodily injury"or"property damage"to which
this insurance applies that is caused by the same repairing or parking"autos"unless
"accident." that business is yours.
We have the right and duty to defend any"suit" (4) Anyone other than your employees
asking for such damages or a"covered pollution partners,a lessee or borrower or any
cost or expense." However,we have no duty to of their employees,while moving
defend"suits"for"bodily injury"or"property property to or from a covered
damage"or a"covered pollution cost or auto.
expense"not covered by this Coverage Form.
We may investigate and settle any claim or (5) A partner of your for a covered
"suit"as we consider appropriate. Our duty to "auto"owned by him or her or a
defend or settle ends when the Liability member of his or her household.
Coverage Limit of Insurance has been exhausted
by payment of judgments or settlements. c. Anyone liable for the conduct of an"insured"
described above buy only to the extent of that
1. WHO IS AN INSURED liability.
The following are"insureds":
J
WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306(4/84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy.
We will not enforce our right against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under a written contract that requires you
to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5_% of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
RE: RFP for CC #1102
Peck Reservoir Expansion Project
Person or Organization:
City of Huntington Beach and it's officers, employees and agents
and;
any person or organization that the insured has agreed and/or is required by contract to include a
Waiver of Transfer of Rights of Recovery against Others endorsement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation
of the policy.)
Endorsement Effective: See Certificate Policy No.: Z042602905
Insured: Pascal & Ludwig Constructors
Insurance Company: Zenith Insurance Company
1ypROTZ.D AS TO FOR14:1
GA-IL R TTON, city Attornez
T
By:,
FEB-02-01 FRI 10:00 ASL CONSULTING ENGINEERS FAX NO, 9497880829 p
From:Michelle Connors At:Lyon-Insurance Agwne+,Inc.To:Cheryl Glen Faocas:(BUG)ova-lvo vo«.y�,._ __.._... r+ 02
B�� i 1 '��e7VC i — D2 02 Dl
TEItOF L1A ��
CERTIFICATE
1F -
.,
AS A MA OF Clk
Lyons insurance A4enc'y, Inct_ � 1�. ONLY AND CAf�R$tr0 RK�IiTS UPON THE COiWE:NTE
Powdermill Square `� HOLDER THt3 CERTFM71 DOES 1607 AIABID,EXTEMO OR
3e44 xomett pike, Suite 210 ALTE�i"f E AMON"By THE POLICIES 1sEtOW.
Wilmington DS 1"07 �y�� WSUMM AFFORDWt3 COVERAGE
Phane:302-659-5509 flnxs302-658-1253
AMeuAtn AY um& Greenwich SnsuzanCe C
INfURfA s 1
Mq
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MUM E:
OOYifAA� .
TSE POLIC"CF bWR/WM LWW B8.OW%%VE W"UM=TO THE MUPJO NAM W ABOVE FOR T W POUC'Y W-MD NDMTEv.NOTWRNSTN0KG
AMr=XAftgVXT,TEAM OR CONDRIOM OF AMY CONTAAGT Oft&rMM OOCUMMEr VOM RESrOtT TO WMGM THE CVCnF CATt k"Y 6E e"O OR
MW PMrADL TIC IN""E AROMXD 6Y THE PQMU VA CMKD WKN 19 W8 W TOAD.Trt T'E W.E)(CLt=M6 Aµp COWMOS6 Oc WCm
POLr.M AGfi'AE4ATE VWTS Sli"MAY t4WL M*Pt O)CCD SY PAlC C A", '
Tres ocaanwrca Poucr NIlN6EA LN[ib
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2CWSDMC*AUT09
NwfOAuros GIUL I'UT s k 1, Ci uy �ttnrrie
iION•ONMfG A(JTOS
By.: - _ ,VOKYINq'H e
a
DJ PMWEM
OAAIAOE
AtAIA N umurr Aure o�Lr•gA Acaoatr t
ANYAMO OTFEATNAN EAACC i
AUTO DWY: AM I
LYIdiLJTC EACHOCCUPUWNCE i
OCm CL OW YADE AGGREGATE t
DEatrCTArcE t
IIEIBfflON t t
WOYXM COMP604r4k AMO TOFtY 1
[� 'LM16ilTY E.L EACH ACCQ1EItT a
LL W&AW.EA DOL0491 S
ELEL%ASE-P0L4VLWr i
Cr""
A prof"S./Pall.ation PeC0005771 1DID1/DO 10/01/01 ilea eels. War Limits
a &0 tdab
oeeVW7 M a OMATMMtfA.OG MON&JV6Jpctfda+�R gY P100NFodtt
I.MMM: 42,000,000 ra. Occ./$2,000,000 Am. and 4100.,000 Aetmmtion Es. Cl.
CLAW 1gmm IVM.- Maxim= for all claims durinq the'Policy Year.
PC: City of R=tington bea0b
Pack ftervoir Sup Praj Design Bu.i.lder Cc No 1102
plate#Tatra Tech ASL is a subcontm to to ?ssesl .E Ludwig
CERI FICATEHOLDER N AeL+ zmALvmwtE v*;U IkTeLlTTm CANDELLAT>i0l1
y�,�y iMoutio.MroP TMtA.Dve aacaaD.oc�e..a*•�r•�u+Poa Trc E�TApM
vATiTtaucPt„+eawNaasuimewstapr■toomrwL 30 omwwnm
1i0'lK.E10TiN;CpL'i1HCY1TClIOlD�1WlIITOT1iELQT. ..... ... .. ..
Pasaal A Ludwiq Ugineers
20A9 R. Francis Street
Ontario CA 91761
ACORD 2"l7>9n - oA CCmW4DRATION Isaa
FEB-02-01 FRI 10:00 ASL CONSULTING ENGINEERS : FAX No. 9497880829 p
From:Michelle Connor At:Lyon-Insurance Agorae,�Inc.To:Cheryl G@r► Fa Cie:(BUG)o�a-ty « v. --.._.. `. 02
CERTIFICATE OF UABIUTY 'INSURANC M o�'c
►ItootJctA 18 WS V 16 AS A MA tW OF U 5 Fa IAow
Is1C. ONLY AM Comma NO Rl01m UPON T>
Lyaw Insurance Agency,
Pawdarmill Sq+�are r�� �1. HOIBER.THt3 f�RTF1CAiE OOES TIO i AtABiDe C Oit
394 Kouamatt Pike, Suite 210 '` j ALTER THS oa E�®dY WE PrfUMB B&CW
Phone:302-658-5509 2hx:'302-6E8-1253 u NAMM AFFO GE
mum JN wA. Grosav3Ch InturanCs COMMY
ecb
e+aJiex a
MET.!,� ffi7plvd. Ste 350 Ry.
ruum r}
COVS}410� .
Ts+e POLC40OF wBURAwE Uaw Beam"AVE mmq Isjum TO THE RICWt-0 HAMM XROVE FOR JW PQL C'Y O MM WOMATE-M MOTNTrW9TANO21G
ANV fa 4L%BWAT,MW OR CONDMOH OF ANY GOi(f=T OR OTHER O0MW1XrY4 TH RrbrECT TO%WOO TNS CWnFCATE IbY BC C"O OR
MkY PWAX 7W 1N AXANCE ARoimEo to THE POUCM406HC K0 HERFBJ 18 3XJEa TO ALL Tra TW4 4.TOICLlJ9 M AW OOWTT4NEt OFEUCN
POUCft AGGPLMTE WETS SMOwx MAY rWAF sew REDUCED eY PAM CLAM.
Tm Of 9tvAumm ►OIJCY NUNEEA udm
9 *RAL UAaRY FAOK OCCURKCW e e
COJJJNERCLAL CO mM4L LMXnY FW oMAAOE0m—ft) s
CLANS JJI M 0=W wa ear we ww J> -4 =
PERQONIL A ADV"AM a
Ce4V LAG'GaBOATE t
0EKLA00RW1EUWAPPL2ZPER Vrttl&J=-CbWJ0PAW a
PCLIGY gaC W.
AuWmow"L"Lrry
AWAUTO SINGLE LtnT =
ALOWWA/TOS BOmylt URY S
aauauiWALMU ITPROVED AS TO FOR I VWPNWQ
WEDAUTOS GAIL. i"i'O2d, City It�tornoy BOEJ+Lr>lraJRY
TIOM4iNil�Amos Fay .: "
M
O 1
i
GrIRAgQ LW M1 JCT AUTO ONLY•EAACCIUW I
AWAUTO OTWA THW EAACC B
AUM WVl AU6 a
1JAb'fLITY EACH OCCLPMNCE i
wxw t ;CWItsMADE AGGREQAU i
' t
OEDtJCrtecE Ji
RETBfT101t i �
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960 TAml Lab
• oeawTroH or oPeuTJaNst.ocA 9T PIODVKR.1Na
LUCM: 42,000,000 aa. occ./12,000,000 AW. and 4100.,000 Retention Ea. Cl.
Cz.AtitB X= rum: Maxial= for all claims A=Lnq the pol cy ya=.
M. City of IR=t.ing tan neaob
Pack Aaerv+oir EV Psoi Design Builds= CC Dla 1102
Note' Tura Twh AAL is a aubcantraator to P"Cal I LUdwig
CE R nMATF-HOUXR CAN CELLATM
gABCAZ &gYtdttW0Fy"AROvfDLtCMft"LILMMCAWZ.UW UPMETAlC1OSMTOW
nATensJ�suiT++t�au�rrea+suuJeMataef■elaamrwL 30 orlvew�eTTzv
imWEt07HcGwnmkllm HOLD"W E6TOTIO eR
Pascal t 2.uLfwig AtsyinMzs .
20A9 1. 8razeis Street
olitsrio CA 91761
1 - - .4—--
AC m 2&8(rA'n CACOWCOMVRATIONING
Sent By: Insurance Agency; 302 658 1253; NOV-13-00 1 :48PM; Page 3/4
ACt�RD 'CERTIFICATE DF ��LIABILITY INSURANC & - 11/(/"0
PROouC>ot �a r,�,�.l THIS CERnFit~ATE IS.ISSUED AS A MATTER OF INFORMATION
Lyons Iswnrance Agency, Inc. f' {f,JJ O ONLY AND CONFERS NO RIGHTS UPON IM CBRT>t:ICA M
Bowdesmill Square HGIDBR.THIS CERTIFICATE DOES NM:AMEND,EXTEND OR
3344 Xonnett Pike, 'Suite 210 �1��� AMR THE COVMGE AFFORDED'SY THE POLICIES BELOW.
+Pilmington Da 19907 V` 1""" MURERq A"ORGING COVERAGE
ti
lone:302-658-5508 Plax:302-658-1253
.. Unn INSLRtER A: Hartford Insurance
I UFIER B: 'Twin city Firo 2nauranee Co,
� tra Tech AS;. HN8URRR C:
8asidinnPC?lo*g ll,�Blvd. Ste 350 INsuaEaD;INSURER E.
COVERAGES
THE FOLIOS OF INSURANCE LISTED BELOW HAVE 5WA ISSUED TO THE INSUR!'D NAND ABOVE FORTWC POLICY PBRIOD INDICATED.NOT WITHSTANDING
ANY REOUIREM INT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH REBPECTT`O WIACH T"IS CERITFICATE MRY 9E ISSUED OR
MAY PERTAIN,THE,INSURANCE AFFORDED BY THt POLICES DESCRIBED 11011M M SUBJECT TO ALL T/11 TERMS,EXCLUSIONS MID CONDITIONS OF SUCH
POLICES.AGGREGATE LII=SHOWN MAY NAVE BEDN REDUCED BY PAM CLAM.
L TYPE OF INSURANCE POLICY MUMOM DA 4�TS
!GENE7tM,L"LffY EACHOCCURRkNCE S 1000000
A X t COMMERCIAL GENERAL UABLITY 44uC1=3205 10/01/00 10/01/01 t PING DAMAGE(AW one&-) t 300'000
4-y",CLAIMS MADE L�OCCUR W.0 MW(Nw am pwoonl c S.I C)000
' PERsoNALaADvvrruRr I s 1000000
_ t GENERALAGGRLOATE i s.2000000
eErrLAGGR6G,ATELBAfrAPrUtSPER: COMPIOPAGG 162000000
POLICY PR I LOB
t MTONOBILEUABIL7TY I COMBMED SINGLE LIMIT I S 1000000
A tom'ANY AUTO 44UEMV3301 10/01/00 ; 10/01/01 (EM80 M)
ALL OWNED AUTOS
BODILY INJURY i f
�-- SCHEDULED AUTOS (Perpers")
! X?HIRED AUTOS BODILY I BODILY WARY
'X NON-OWNED AUTOS °=PH}VPii AS TO F0 , IlPerecelwMl s
tornsyBY: At t ere&r�ATL •'u'�s:`Op3, City
!PROPERTY DAMAGE j t
'(Per wade t)
GARAGE LIA24M ^ � AUTO ONLY-EA ACCIDENT i t
rj ANY AUTO l.� OTHER THAN T AACC 3
1I11�-'"ttl G AUTO ONLY:
AGO f
tH 255 LIABILITY ' EACH OCCURRENCE 85000000
A ,x 1OCCUR [�CLANSMADE , 44XHi3F=765 10/01/00 10/01/01 AGGREGATE s500.0000
DEDUC'nBLE t f
RETENTION S ;S
WORKER$COMPMATION AND
EIIFL pYTJIS•LJABILTIY I TORT LpNTTB ER i
441=4MSO 10/01/00 10/01/01 j E.L.EACH ACCIDENT ;S 1000000
B 44NIW3.351 10/01/00 10/01/01 E.L.DISEASE•EA EN-LOYM,,31000000
! i E.LDISSASE-POUCYLUT 13 1000600
Ii oTHex I I
DESCRIPTION OF OPERATBNISILOCATIQHSftH=LFA=CLUSIONS ADDED BY EUIDORgbMt:N7ItPECIAL MOVL�IONS
The City of Huntington Beach, its .agents officers and etiaployees are included
as additional inaureds as per the attached CG 20101185.
'RE Peck reservoir Exp Project Design Buil.er cc No 1102
CERTIFICATE HOLDER Y i Avon'LONALMaur4m,wsuRERLG1TERs CANCELLATION
CITYHUN RHO"AMIOFTMEABOVEDUSCRIa DPOLK*$OtCANCFII OGFORETHEERPBTA
DATE T1IEltEOF,THE ISSUING INiUgBI I YVILL MAB '3 0 DAYa Yti+RI m
City of Huntingdon BeachNarl=TO THE CFJRTIFICATE HOLDER NAMED TO THE LEFT,• I
Risk Management Division
2000 Main Street
Huntingdon Beach CI► 92648
ACORD 2"(7197) CACORD CORPORATION 1985
Sent By: Insurance Agency; 302 658 1253; Nov-13-00 1 :48PM; Page 4/4
J (-Wit
Gfiy
UUNi= 3205 COMMERCIAL
44 U C MM 0�
POLICY NUMBER: O GENERAL LIABILITY
THE 14ARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insuranc0 provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
Z,PPROVED AS TO FORM:
SCHEDULE CA.IL M11"TON, City Attornel
By.
�t rte�
Name of Persons or Organization:
'�� �t V k
City of Huntington Beach.Its agents,officers and employees
(if no entry appears above,information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED(Section II)Is amended to include as an inured the person or organization shown
�^ In the Schedule,but only with respects to liability arising out of 'your work"for that insured by or for you.
CG 20 10 11 85 Copyright,Insurance Service Office,Inc.1964
RCA ROUTING
INITIATING DEPARTMENT: Public Works
SUBJECT: Award of Design-Build Contract for
Peck Reservoir Expansion Project (Springdale Reservoir)
1 COUNCIL MEETING DATE: February 20, 2001
jj RCA ATTACHMENTS ,
! Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Financial Impact Statement (Unbudget, over $5,000) Not Applicable.
Bonds (If applicable) Not Attached (Explain)
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial T Not Applicable
EXPLANATION=FOR=MISSING ATTACHMENTS
Bid Bond attached with Proposal. Performance, payment, and warranty bonds will be
issued after the contract is authorized and prior.to the notice to proceed is given.
f
REVIEWED, RETURNED .FORWARDED;
Administrative Staff
Assistant City Administrator (Initial ( ) ( )
City Administrator (Initial) ( ) )
City Clerk ( )
EXPLANATION FOR.RETURN!OF ITEM a
E
(Below Space For City Clerk's Use Only)
RCA Author: T.Rulla:jm
Springdale Reservoir
Springdale Reservoir
Design & Build
9 Million Gallon
Water Storage Project
Springdale Reservoir
• Water Master Plan storage project
Includes 9 million gallon structure,
modifications to booster pump station
& related improvements
Proposals requested to design & build
entire project
Pascal & Ludwig selected by evaluation
team
2
February 20, 2001
GOMM A (CA lo V-3
Springdale Reservoir
Benefits of Design/Build
_._
• Process is more cost-effective
• Shortens project schedule
• Provides seamless transition between
the design and construction phases
. Limits the City's exposure to disputes,
between separate design and
construction entities
3
DO
s Proposal Selection Criteria
. Meets design & performance requirements
. Meets project goals
• Seismic safety
. Low maintenance
. Reliability
• Cost effectiveness
. Ease of operation
. Experience in similar projects
4
February 20, 2001 2
Springdale Reservoir
Tentative Project Schedule
tY,
• Final design complete August 2001
• Construction begins October 2001
• Construction complete December 2002
5
IVAINRecommendation
sy3, S E
. Accept-Design/Build proposal submitted
by Pascal & Ludwig constructors
. Authorize expenditure of $7.8 million
for design/build contract of Springdale
Reservoir
6
February 20, 2001 3
i
y CITY OF HUNTINGTON BEA & LL �Pl�►
MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER:PW-00-085
Council/Agency Meeting Held: —21 rO0
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
MRCqua DE4Cityrk;_s Signature
Council Meeting Date: August 21, 2000 Department ID Number: PW-00-085
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
ti
Q w
d
SUBMITTED TO: HONORABLE MAYOR AND CITY 9OUNCIL BERS `'�
SUBMITTED BY: RAY SILVER, City Administrator J( M ,r-,.
-
)>
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works s
,�,
4fl�
SUBJECT: AUTHORIZE REQUEST FOR DESIGN-BUILD PROPOSALr FOR
SPRINGDALE RESERVOIR ( aka PECK RESERVOIR EXPANSION)
PROJECT (CC-1102)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City Council request Design-Build Proposals for the
Springdale Reservoir (aka Peck Reservoir Expansion) Expansion Project from three (3) pre-
qualified and short listed teams?
Funding Source: . Not applicable. Award of contract budgeted in fiscal year 2000/2001
from Water Master Plan Capital Projects fund.
Recommended Action: Motion to:
1. Authorize the Director of Public Works to request Design-Build Proposals from the three
(3) highest ranked, pre-qualified and short-listed teams to provide the complete design
and construction of the Springdale Reservoir(aka Peck Reservoir Expansion) Project
CC-1102; and,
2. Approve the Sample Design/Build Agreement.
Alternative Action(s): Recommend denial of the above actions and provide staff with * '
alternate direction.
RCA Design-Build.doc -2. 08/11/00 2:27 PM
REQUEST FOR ACTION
MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER:PW-00-085
Analysis:
The designation "Springdale Reservoir" will be used for permanent identification of this
facility. Because reference reports and legal documents have been completed with
reference to "Peck Reservoir Expansion," this latter designation must continue to be used as
necessary during construction to accurately describe this project.
The Springdale Reservoir (aka Peck Reservoir Expansion) Project is part of the overall Water
' System Master Plan to provide emergency storage and additional operating storage. The
project consists of designing and building a 9 million-gallon facility and other improvements
necessary to increase potable water storage. The City previously purchased the property and
performed preliminary studies and site environmental assessments to determine that the
property was suitable for a reservoir. This project location will eliminate the need for a new
booster pumping station by utilizing the existing Peck Booster Pumping Station, thus
reducing capital cost.
The City Council adopted Resolution No. 99-101 authorizing the Design-Build process for
this project utilizing pre-qualification and short-listing of the most qualified Design-Build
entities.
The Design-Build method is intended to decrease the cost of construction, minimize change
orders, improve project delivery and accelerate completion. The process allows the financial
risk between the design and construction to be shifted to the contracting entity and creates
added claim protection for the City.
The Public Works Department issued a request for Statements of Qualifications (SOQs) and
conducted a pre-submittal conference attended by over 40 representatives from construction
companies and engineering firms. The City received seven SOQs that were evaluated by
staff and a technical consultant. All seven respondents also attended a mandatory interview.
The preliminary list was reduced to the three- 3 best-qualified Design-Build teams b using
i! p rY ( ) q 9 Y 9
a structured evaluation. Ranking was based on team member qualifications, experience,
financial resources, statement clarity, and related factors.
The following three (3) teams, in no particular order, were ranked the highest and are
recommended for final selection:
1. Kiewit Pacific Company teamed with URS Corporation.
2. Pascal Ludwig Constructors teamed with ASL Consulting Engineers, and Leighton and
Associates.
3. Schuler Engineering teamed with RBF Consulting, DYK Incorporated, and Hushmand
Associates, Incorporated.
RCA Design-Build.doc -3- 08/11/00 2:28 PM
REQUEST FOR ACTION
MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER:PW-00-085
The above teams met all the mandatory findings required by the City Council Resolution No.
99-101 and staff recommends that fully described Proposals be requested from the three
highest qualified Design-Build teams.
The final selection will use a structured process based upon competitive costs, Proposal
details, methodology, schedule, demonstrated competence, and qualifications.
Public Works Commission Review: The Public Works Commission on July 19, 2000
recommended requesting Proposals from the three pre-qualified and short-listed teams to
provide the complete design and construction of the project. The motion carried with five
ayes, one absent, and one abstention.
Environmental Status: The Design-Builder is responsible for compliance with the California
Environmental Quality Act (CEQA). The Design-Builder will prepare an initial study and all
other environmental documents, filing, notices, and distribution in coordination with the City.
Attachment(s):
City Clerk's
Page NumberNo. Description
1. Request for Proposals, including the Sample Design/Build Agreement,
but without reference documents attached
2. Resolution No. 99-101
1 Location and Site Maps
RCA Author: T. Rulla.cf
g:eng/rulla/peck/rcadesign-build.doc
RCA Design-Build.doc -4- 08/10/00 2:03 PM
ATTACHMENT # 1
CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
Peck Reservoir Expansion Project
Design-Builder
CC No. 1102
September 6,2000
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (Proposal) are to be
submitted to:
Office of the City Clerk
Second Floor
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on November 13, 2000. Four copies of the Proposal shall be
submitted in a sealed envelope and marked: "Proposal for Peck Reservoir Expansion."
Proposals received after the specified time will not be accepted and will be returned
unopened. Proposal Bids will be publicly opened in the City Council chambers,
unless otherwise posted. A mandatory pre-proposal meeting will be held at the Water
Operations conference room located at 19001 Huntington Street at 2:00 P.M. on
September 20, 2000.
INDEX
SECTION PAGE
1. Introduction 2
11. Project Description 2
Ill. Schedule of Events 3
IV. Instructions for Proposers 4
V. Proposal Submittal 4
Vl. Proposal Evaluation and Award of Contract 6
VII. Payment 7
VIII. General Requirements 9
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
INDEX Cont'd.
SECTION PAGE
ix. Proposal Submittal Conditions 10
X. Attachments -11
I. INTRODUCTION
The City of Huntington Beach(City) is requesting Proposals from pre-qualified and short-
listed Design-Build teams with previous experience on similar reservoir projects. As a
recipient of this Request for Proposals (RFP)your team was evaluated and selected from
our Request for Qualifications dated January 24, 2000. Out of seven submittals only three
teams were pre-qualified and short-listed to submit Proposals.
Subject to the terms and conditions set out herein,Proposers shall perform all necessary
activities, including,but not limited to,geotechnical,laboratory and field testing, and other
necessary investigations to develop a detailed cost and performance Proposal for the design and
construction of the Peck Reservoir Expansion Project, CC No. 1102(Project). The City will not
be responsible for any costs incurred in the research,testing, preparation, production, or
submittal of your Proposal;whether or not your team is the successful proposer.
City Council adopted Resolution No. 99-101 authorizing use of the Design-Build process for
this Project. The final selection will be based upon the competitive cost,Proposal details,
methodology, schedule, demonstrated competence, and qualifications as stated herein. The
design and construction shall meet the criteria and performance requirements included with this
request and incorporated into a formal contract.
The City emphasizes that it is requesting Proposals for the entire design AND construction of the
I
Project;not just the design or just the construction of the Project.
H. PROJECT DESCRIPTION
The project consists of designing and building a 9 million-gallon(MG) storage facility and
related improvements necessary to increase the potable water storage for the City of
Huntington Beach. The reservoir expansion storage will be constructed on City owned
property located immediately south of the existing Peck Reservoir. The Project will require
major earthwork activities for construction of the new storage facility, new piping
connections and structural modifications to the existing Peck Booster Pumping Station, and
installation of new isolation valves on the existing line from the existing Peck Reservoir.
The Project includes site drainage, paving, landscaping, fencing, lighting, and other sitework
improvements. The Project also includes any necessary offsite work to join or
accommodate existing facilities.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
The Design-Builder is responsible for obtaining all necessary permits, environmental clearance,
haul route plans and other approvals from all applicable federal, state, county and local agencies,
and shall prepare detailed design drawings and specifications that will be reviewed by the City
a and Construction Manager for conformance with design criteria and performance standards
(Attachment A). The Design-Builder shall perform the work while minimizing disruptions to the
operation of the City's existing water system as stated herein.
Modification of chlorine storage facilities for water Well No. 7 to provide secondary
containment is a separate project planned within the Project area and is not included in the
scope of work for this Design-Build Project. This separate project is identified in the design
criteria and performance standards. Because of the location of the chlorine containment
project, some overlap of site paving and drainage improvements are included within this
Design-Build Project scope of work.
Design of a concurrent project is also underway to drill new water Well No. 13. The
Design-Builder must allow clear space at the rear or westerly end of the new reservoir for
construction of Well No. 13. It is anticipated that drilling and initial development of the
subsurface portion of the well will occur within the next 12 months. The Design-Builder
must accommodate and provide access for Well No. 13 to an independent contractor to
perform its drilling and well development operations. It is necessary for the driller to place
Baker type tanks and other drilling equipment and materials near the well site for its
construction. The duration of construction for Well No. 13, including logging, isolation
testing, and other well development is estimated to take 60 calendar days or less once
initiated. The Design-Builder shall include within its scope a piping turnout for future
connection to the proposed well.
All work required to complete the Peck Reservoir Expansion Project and successfully pass start-
up and acceptance tests shall be done within 840 calendar days after the Notice to Proceed is
issued by the City.
M. SCHEDULE OF EVENTS
i
September 6,2000 Issuance of Request for Proposals
September 20, 2000 Mandatory Pre-Proposal Meeting
November 13,2000 Proposals Due
:December 4, 2000 City Council Approval of Design-Builder Contract (estimated
date)
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
IV. INSTRUCTIONS FOR PROPOSERS
Pre-Proposal
The mandatory Pre-Proposal meeting will be held at the Water Operations conference room
19001 Huntington Street,Huntington Beach, CA 92648, on September 20,2000 at 2:00 P.M.
to provide the opportunity for prospective proposers to obtain additional background
information, discuss Project goals and deliverables,request clarifications and ask questions.
All telephone, personal and written communications regarding information concerning this
request shall be made as noted below:
The City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Tom Rulla
Phone: (714) 536-5524
Fax: (714)374-1573
E-Mail: rullat@surfcity-hb.org
All questions must be received no later than two weeks prior to the required due date of the
Proposals. Responses to questions and requests for clarification beyond the information
provided in this document and at the Pre-Proposal meeting will be provided to all RFP recipients
by issuance of written addenda.
V. PROPOSAL SUBMITTAL
The City reserves the right to accept the Proposal which,in the sole judgment of the City,best
matches the requirements of the Project as rated in accordance with the selection procedure
stated herein;to award the Contract;to reject any and all Proposals without prejudice;and to
waive minor irregularities in the Proposals.
Withdrawal of Proposals
At any time prior to the scheduled due date closing time for receipt of Proposals, any Proposer
may withdraw and resubmit the associated Proposal,by written request.
No Proposal once submitted shall be permitted to be withdrawn during that period of time
between the scheduled closing time for receipt of Proposals and the actual award of Contract or
a period of one hundred and fifty(150)days,whichever occurs first,without forfeiture of Bid
Bond.
Page 4
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Ownership of Proposals
All Proposal documents once submitted to the City shall become the property of the City for its
sole use and shall be treated as confidential, except cost Proposals.
Proposal validity
All costs quoted by the Proposer shall be guaranteed firm for one hundred and fifty(150)days
from date of Proposal opening.
If a Proposal is not signed, omits acknowledgement of addenda, or includes any changes not
authorized by addendum, it may be deemed non-responsive. Proposals must be executed in
permanent ink.
Post-Proposal Meetings
After the closing date for receipt of the Proposals and before scoring,the City may request
individual meeting(s)with certain Proposers to clarify and discuss their Proposal. Failure by a
Proposer to attend such requested meetings may be a cause for rejection of the Proposal. All
clarifications shall be documented by the Proposer as addenda to the Proposal. The City
reserves the right to request meetings with only those Proposers from whom additional
clarifications on the Proposals are desired by the City.
Proposal Content
Each Proposal shall consist of the following documents:
i
1. Understanding of the Project
2. Detailed description of Proposal including Project approach,issues, excluded work items,
and constraints
3. Expanded proposer qualifications incorporating subconsultants and subcontractors, and
subcontractor license classifications deemed essential for proper completion of the Project
not included in the Statement of Qualifications
4. Project Schedule
5. Information and declarations as required by City Council Resolution No. 99-101
6. Cost and other Proposal forms
Cost Proposal
The cost Proposal shall be completed as provided in Attachment D. No item may be omitted
and no item of descriptive text may be changed except as provided in writing by addendum from
the City. The Proposal shall include a preliminary cost breakdown of major activities and items
of work. The sum of the cost breakdown shall equal the lump sum cost Proposal.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Description of Proposed Project
The Proposal shall provide all necessary information and details for the City to fully understand
how the proposer intends to perform all aspects of the Project. The Proposer may include any
additional material deemed necessary to adequately describe the planning, design, development,
and construction of the Project.
VI. PROPOSAL EVALUATION AND AWARD OF CONTRACT
I
Design-Builders will be evaluated on their knowledge, experience, thoroughness of the
Proposal, cost, and capability to best provide this type of Project for the City.
The City will evaluate Proposals and reject the Proposal of any non-responsive Proposer. In
evaluating Proposals,the City will consider the following:
a. Overall detailed Proposal, Project understanding, and approach
b. Experience of Design-Build team on similar projects
c. Design-Build team organization and resources assigned to this Project
d. Quality control of subcontractors, suppliers, cost control, and safety programs
e. Schedule
Qualification Based Selection will use a matrix formula and rating system. The
qualifications score shall account for 35 percent of the overall score and the base cost
Proposal shall count for the remaining 65 percent of the score. Proposals will be evaluated
on the consistency of costs and the associated details or tasks as found in the detailed
Proposal. Proposals will be compared and evaluated against each other to determine the
best overall Proposal based upon the combined score. Award of this contract is not based
solely upon lowest price although it carries considerable weight in the evaluation. The
following table outlines the scoring parameters:
Item Qualification Factors Point Value Score
Range
1. Overall detailed Proposal, Project 0-15
understanding, and approach Points
2. Experience of Design-Build team on 0-5 Points
similar projects
3. Design-Build team organization and 0-5 Points
resources assigned to this Project
4. Quality control of subcontractors, 0-5 Points
suppliers, cost control, and safety
programs
5. Schedule 0-5 Points
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Qualification 35 Points
Summary Total Qualification Score
Design- Cost Proposal Score 65 Points
Build Cost (Rated in direct proportion to lowest cost
Proposal Proposal)
Total 100 Points
Proposal Combined Evaluation Score
Summary Proposal final score
The cost Proposal shall be a lump sum for the entire work as indicated on the cost Proposal
form. The lump sum cost Proposal shall include any fee for the required three(3)year warranty
period. The lump sum cost Proposal shall be complete and no items or scope of work may be
omitted or altered. The Combined Evaluation Score does not include the cost Proposal for the
optional extended warranty, as described under Article VII of this RFP.
The extended five(5)year warranty shall be included as a separate bid item in the Proposal.
The Design-Build proposer must provide a fully detailed description and extent of services to be
provided during the extended warranty period. The City shall have the sole right to accept or
reject the extended warranty. The City will consider that description in the Proposal evaluation
whether or not the City elects to exercise the optional extended warranty.
Additional offering options or alternatives or footnotes may be submitted at the Proposers'
discretion, but without any obligation by the City to accept. If the City elects to accept any
alternate Proposal, it shall be done by negotiated change to the contract only after award of the
basic contract.
VII. PAYMENT
Payments will be made by the City on the basis of identifiable milestones verified by the City
during the implementation of the Project. Payments will be paid according to contract
i provisions and milestone events. Prior to initial payment, the Design-Builder shall submit to the
City for approval a Schedule of Values developed within the milestone events. Progress
payments will be made within the milestone events and approved Schedule of Values. Invoices
will not be accepted more frequently than once per month. Amendments to the contract
resulting from modifications and/or additions(deletions)to the system requirements shall have
the negotiated cost adjustment processed by a change order issued by the City. The cost
increases(decreases)for these changes will be added to(subtracted from)the total system cost
paid by the City. The City will pay the percent value of the completed milestone, as defined
above, so that the total payments to date equal the cumulative payment percent based upon the
amended contract cost.
Page 7
f
CITY OF HUNTINGTON BEACH
I
Peck Reservoir Expansion Project RFP
Final distribution of milestones will be negotiated with the selected Design-Builder. The
estimated milestone payment schedule is defined in the following table:
Milestone Payment Schedule
Item MILESTONE DESCRIPTION % Accum
1 Completion of contract signing,award,notice to proceed,and receipt and 2% 2%
approval of detailed Project schedule.
2 60 Percent design review and approval. 3% 5%
3 90 Percent design review and approval.. 5% 10%
4 Completion of design dra«Zngs and specifications,acceptance of all reports, 5% 15%
and approval by permitting agencies and CEQA clearance.
5 Construction mobilization,and foundation preparation 5% 20%
G Construction progress based upon approved cost loaded construction schedule. 60% Up to
80%
7 Successful completion,startup and testing. 5% 85%
8 Complete submittal and approval of all documentation including"as built" 5% 90%
documentation.
9 Release of Retention(90 days after acceptance). 10% 100%
The City shall make payment within 30 days of receipt and approval of each invoice. Payment of
such invoices by the City shall not constitute acceptance of the Work and shall be subject to
correction in the payment of any subsequent invoice(s).
City Release of Retention
Release of final retention will be made 90 days after issuance of the Notice of Completion and
with City Council approval upon full acceptance of the work,release of any claims, and
acceptance of all warranties.
Chances in the Work and Extra Work
The City may, at any time,without invalidating this Agreement,make changes in, add to or
delete from the Work to be performed hereunder. No such changes shall be made except by
written order signed by the City. No claims for extra Work shall be valid unless authorized by an
approved change order.
Warranty
The Design-Builder shall fully warrant the completed Project for a period of three(3)years, after
acceptance by the City,that the constructed facilities shall operate without defect as a complete
system for its intended use in accordance with the applicable functional and performance
standards. The City will notify the Design-Builder of discovered problems or defects and the
Page 8
i
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Design-Builder shall promptly replace or repair all problems or defects during the warranty
period.
Extended Warranty
The City shall have the right to exercise the extended warranty option prior to completion of the
contract. An extended warranty shall be offered by the Design-Builder as a supplemental
optional work item. The warranty shall be for five(5)years immediately following the initial
three(3)year warranty included with the bid Proposal.
The extended warranty Proposal shall be fully described. It must indicate all excluded items and
the level of routine or preventive maintenance required by the City to maintain the facilities
before provisions of the extended warranty shall be exercised. The description shall include all
limitations, restrictions, required inspections and reporting requirements needed to document the
condition of the facilities during the extended warranty period. The City does not require a bond
for this period, but the Design-Builder is required to provide a binding commitment in a form
acceptable to the City for the extended warranty period.
VHI. GENERAL REQUIREMENTS
Insurance Re uirements
The Design-Builder shall furnish with the Proposal proof of the following minimum
insurance coverage. These minimum levels of coverage are required to be maintained for
the duration of the Project:
General Liability Coverage- $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form with a general
limit is used, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
Professional Liability Coverage- $1,000,000 per occurrence (note: A"claims
made" policy is acceptable).
Worker's Compensation Coverage: State statutory limits.
Deductibles, Self-Insurance Retention, or Similar Forms of Coverage Limitations or
Modifications must be declared to and approved by the City of Huntington Beach.
A Sample Certificate is included as Attachment C.
The Design-Builder is encouraged to contact its insurance carriers during the
Proposal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement. The Design-Builder shall carefully review the
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Sample Agreement, especially in regard to the indemnity and insurance provisions,
and include with the Proposal a description of any exceptions required to the
standard contract. If there are no exceptions, a statement to that effect shall be
included in the Proposal.
Bonding
The Design-Builder shall furnish with the Proposal a bid bond in the amount of 10 percent
of the Proposal price. Prior to entering into the performance of work under a Contract with
the City, and subject to approval by the City Attorney, the Design-Builder shall furnish
performance and payment bonds for an amount equal to the contract price and upon
acceptance of the Project a warranty bond, good for three (3)years after final acceptance.
Standard Form of Agreement
The Design-Builder will enter into an agreement with the City based upon the contents of
this request and the Design-Builder's Proposal. The City's Sample Contract is included as
Attachment B.
City Assigned Representatives
j The City will assign a Construction Manager to administer the contract.
IX. PROPOSAL SUBMITTAL CONDITIONS
Pre-Contractual Expenses
Pre-Contractual expenses are defined as expenses incurred by Proposers in:
• Performing field tests and investigations and preliminary design analysis
• Preparing a Proposal in response to the RFP
0 Submitting that Proposal and bid bond to the City of Huntington Beach(City)
• Negotiating with the City in any matter related to this RFP, Proposal, and/or contractual
agreement
• Any other expenses incurred by the proposer prior to the date of an executed contract.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by any
Proposer. In addition, no proposer shall include any such expenses as a part of the Cost
Proposal to perform the requested services. Honorariums are not included in this request.
i
Authority to Withdraw RFP and/or Not Award Contract
The City reserves the right to withdraw the RFP at any time prior to the execution of the
Contract without prior notice. Further, the City makes no representations that any
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
agreement will be awarded to any proposer responding to this RFP. The City expressly
reserves the right to postpone the opening of Proposals for its own convenience and to
reject any and all Proposals in response to this RFP without indicating any reasons for such
a
rej ection(s).
Right to Reiect Proposal
The City reserves the right to reject any or all Proposals submitted.
Discrepancies in Proposal Documents
Should proposer find discrepancies in or omissions from the RFP, or if the intent of the
invitations is not clear, and if provisions of the RFP and its attachments restrict proposer
from proposing, they may request in writing that the deficiency(s)be modified. Such
request must be received by the City 14 calendar days before due date. All proposers will
be notified by addendum of any approved changes in RFP documents.
Oral Statements
The City is not responsible for oral statements made by any of their employees or agents
concerning the RFP or the Project. Requests for information or clarification by the
Proposers shall be submitted in wring to the City, and response by the City will be in
writing.
X. ATTACHMENTS
Attachment A --- Design Criteria and Performance Standards
Attachment B --- Sample City Contract
Attachment C --- Sample Insurance Certificate
Attachment D --- Proposal Forms
Attachment E--- Reference Documents
I.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT A
Design Criteria and Performance Standards
Peck Reservoir Expansion Project
Design Criteria and Performance Requirements
1. General Project Description and Characteristics
The project consists of designing and building a 9 million-gallon(MG) storage facility
and related improvements necessary to increase the potable water storage for the City of
Huntington Beach. The project will require major earthwork activities for construction of
the new storage facility, new piping connections, structural modifications to the existing
Peck Booster Pumping Station, and installation of new isolation valves on the existing
line from the existing Peck Reservoir. The project includes site drainage, paving,
landscaping, fencing, lighting improvements, and all necessary offsite work to join or
accommodate existing facilities. The reservoir storage structure can be a single facility
of cast-in-place reinforced concrete or multiple circular prestressed concrete tanks.
Construction shall minimize disruptions to the operation of the City's existing water system
operations.
The Design-Builder is responsible for obtaining all necessary permits, environmental
clearance,haul route plans, and other approvals and shall prepare detailed design drawings
and specifications that will be reviewed by the construction manager, City Public Works
Department,Planning Department,Building and Safety Department, and Fire Department.
2. Project Objectives
The project must increase usable potable water storage by 9-million gallon(MG)within
the 2.47-acre property boundary and provide compatible and flexible operation with the
existing Peck Reservoir and Peck Booster Pumping Station and other existing facilities.
The new facilities must be esthetically compatible and appropriate for the general
neighborhood and geographic location. Seismic safety, low maintenance, reliability,
long-term facility life, cost effectiveness, and ease of operation are key factors that must
be incorporated into the design.
The Design-Builder shall incorporate the use of high quality materials, thoroughly
developed design details, and the highest quality craftsmanship are paramount to assure a
successful project. The final execution of the project by the Design-Builder must be
carefully managed to achieve this desired result.
3. Partnering
The City of Huntington Beach(City)will work with the Design-Builder to establish
methods to resolve disputes. This is to promote cooperation, minimize confrontation and
eliminate litigation. Partnering concepts will be utilized. A Project Charter will be
developed jointly by the City and Design-Builder immediately after the Notice to Proceed
07/31/00
1
is issued. The Design-Builder will participate with the City to develop mutual objectives
and goals for the project.
The City wants to encourage prompt decision making and problem solving by all parties
and maintain cooperative working relationships throughout this project even though the
Design-Build concept provides the opportunity to achieve beneficial contact between the
designers and builders. The Charter will be a symbol of the commitment to partnering as
a process to establish cooperation for everyone's benefit, and facilitate the completion of
a successful project.
The successful proposer and their key team members shall attend a workshop to develop
a dispute avoidance system and cooperative working relationships through a Partnering
process within 30 days after the Notice to Proceed. It is recognized that the actual work to
achieve these goals requires a team approach. City staff and the major participants from
the Design-Build team will participate.
The workshop shall be held at a City facility. The Design-Builder shall provide a
facilitator experienced in partnering concepts for the workshop. The facilitator shall
prepare an agenda and conduct the initial workshop to develop a mission statement, goals
and objectives leading to a Charter. The Charter shall include communication objectives,
a conflict resolution system, and performance objectives. Suggested language to the
Charter will include the goals for the Project such as its timely completion, a reasonable
profit for the Design-Builder, and high quality workmanship. The facilitator shall
prepare all written materials, including summary and follow-up action items, and
schedule monthly follow-up meetings with the participants to ensure the plan is
proceeding as intended.
4. Precedence of Design Standards
The Design-Builder shall use the best commercial practice and more restrictive standards
shall prevailAn the event of conflict among the standards, the order of precedence is:
• Current laws, codes and permits
• Approved change orders, supplemental agreements, and approved revisions
• Criteria and specifications
• Detailed drawings
General drawings
• Reference drawings and standards
5. Specifications Format
Specifications shall be prepared in the Construction Specifications Institute(CSI)format.
Construction subcontracts awarded by the Design-Builder after award of the Design-
Build contract shall be based on competitive bids prepared and administered by the
Design-Builder. Upon request by the City, the Design-Builder shall submit proposal and
07/31/00
2
selection documents to the City for confirmation and conformance with City Council
Resolution No. 99-101.
6. Drawing Standards and Format
Design and As-Built Drawings shall be prepared in AutoCAD R14 or newer version.
Design drawings shall be 24 x 36 inch 4 mil Mylar. Drafting standards and symbols shall
be standard of the industry, t as modified by City Department of Public Works
j Standard Plans and Water Standard Plans and the City Department of Public Works
AutoCAD Standards Manual for Consultants. Upon completion and submittal to the
City, all standards utilized, including layers, pen assignments, weights, etc. shall be
summarized in drafting guidelines. The manual shall be submitted to the City as part of
the Record Drawings of the Project. Shop drawings shall be prepared to clearly show all
necessary details and submitted to the City for review and compliance with the approved
design.
Minimum standards of execution shall be the more restrictive standards as stated in this
request, or if not stated otherwise, to the level required by the City Department of Public
Works Standard Plans and the Water Division Standard Plans, as last revised. In the
event of conflict, the more restrictive standard shall apply unless otherwise approved by
the City.
7. Work Schedules and Progress Reports
Within 30 days after the Notice to Proceed, the Design-Builder shall submit to the City
the Baseline Critical Path Method (CPM) schedule for the project. This CPM schedule
shall be created on Primavera for Windows or Microsoft Project, latest version. The
schedule shall show a comprehensive and detailed plan of activities for timely completion
of the project. The schedule shall indicate the activities to complete the entire project
within the time specified. The City requires that all work be completed not later than 840
calendar days after the issuance by the City of the Notice to Proceed.
Because of the nature of Design-Build process, all activities may not be determined upon
award and mobilization by the Design-Builder. Best estimates shall be incorporated in
the baseline CPM. Periodic updates to the baseline CPM are expected as the design
development is finalized and initial construction is begun. In general, the update
schedule is intended to be comprehensive and an accurate model of the planned and
completed activities throughout the course of the project.
The schedule shall show precedence and duration of each activity. A comprehensive
schedule shall show individual activities with their interdependence and sequence of
performance. Activities should include lead time for preparation of drawings, submittals,
samples, approval periods, submittal of foundation reports for design, compaction and
acceptance, and shutdowns, delivery and installation of materials and equipment, and
inspections. Plan check and other submittal review periods shall be included. The
effects of adverse weather shall be incorporated in the construction schedule based upon
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regional average National Weather Service data. The Design-Builder may request, and
the City will extend the time of completion due to the effects of unforeseeable causes
(such as war, strikes, natural disasters, or abnormal amounts of adverse weather). Such
extensions of time that are approved will be excusable and not compensable.
The Design-Builder shall submit monthly detail reports to the City as the work progresses
to accurately reflect the actual progress with explanations for changed or revised
operations. The City may request additional reports whenever it becomes.apparent that
scheduled milestones or completion dates will not be met. The Design-Builder shall
indicate the corrective actions including additions of staff,work schedules and
rescheduled work items to restore the schedule. Under no circumstances shall any
corrective actions be considered justification for change orders or acceleration.
S. Payment Structure and Milestones
Progress Payments shall be made in accordance with the Agreement and milestones.
The City will provide a two (2)percent mobilization payment upon receipt and
acceptance of the detailed project schedule and Schedule of Values setting forth the entire
work and milestones. The City will make payment in accordance with the milestone
payment schedule and will retain 10 percent until successful completion, startup and
testing and complete submittal and approval of all documentation including "as-built"
documentation. The Design-Builder may substitute an escrow holder surety of equal
value to the retention in accordance with the provisions of the California Government
Code, Section 4590. The Design-Builder shall be beneficial owner of the surety and shall
receive any interest thereon.
9. Change Orders
The City reserves the right at anytime before final acceptance of the entire work to order
the Design-Builder to perform extra work, or make changes altering, adding to, or
deducting from the work, without invalidating the contract or bonds. Changes in work
and markup shall be in accordance with the SSPWC (Standard Specifications for Public
Works Construction)"Greenbook" current edition.
10. Quality Assurance and Safety Programs
The Design-Builder shall develop and maintain quality assurance and safety programs
subject to review by the City. Daily fieldwork records shall be maintained by the Design-
Builder. If corrective actions are required during the course of the work, the Design-
Builder shall maintain written documentation of their resolution. All documentation,
records, and reports shall be maintained throughout the course of the project and are
subject to review by the City.
The City's construction manager will independently review the work and maintain
separate records.
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11. Preliminary Design and Allowance for Partial Completion of Plans and Specifications
The Design-Builder shall prepare preliminary and final design drawings and
specifications. Project management staff, City Planning Department, Design Review
Board, Public Works Department and Fire Department will review the preliminary
design. Final design must also be submitted to the Department of Building and Safety for
approval.
Standard procedures for submittal of drawings to the Department of Building and Safety
must be observed and performed by the Design-Builder. It is encouraged that the Design-
Builder submit complete project plans for plan check review and the City will expedite
plan check review. The Design-Builder shall provide complete and comprehensive
submittals for the entire reservoir structure, modifications and additions to existing
facilities for plan check review to the Department of Building and Safety with all
required supporting calculations and reports, as required. It is anticipated that the first
plan check review by the Department of Building and Safety will take approximately
three (3)weeks, and re-submittal will take one (1)week for review; however, time for
review cannot be guaranteed because of ongoing workload. Electrical and plumbing
plans are separate submittals to the Department of Building and Safety. The City may
allow partial approval of segments or phases of the work. A minimum of six(6) sets of
stamped plans and other documents shall be submitted for plan check to the City, unless
otherwise authorized.
In general, four(4) complete sets all other submittals, including reports, shall be provided
unless otherwise indicated.
12. Ordinances and Codes
The Design-Builder shall adhere to all performance and design standards and conform to
all laws and local ordinances. The following applicable codes include, but are not limited
to: The City's Municipal Code including, but not limited to the Building, Mechanical,
Plumbing, Electrical, and Fire Codes. Related codes included by reference are the
Uniform Building Code (UBC), Uniform Plumbing Code, Mechanical Plumbing Code,
Electrical Code, Uniform Fire Code, National Electrical Code, SSPWC, American Water
Works Association Standards (AWWA), National Sanitation Foundation(NSF),
American National Standards Institute, American Society for Testing and Materials
(ASTM), American Welding Society Standards and Specifications, American Institute of
Steel Construction, and National Association of Corrosion Engineers.
Specific code sections applicable to this project include, but are not limited to: concrete
design ACI 318 and 350R; prestressed concrete tank design AWWA D110; pipe and
structural steel ASTM A 36, A 53, A 123, A 153, A 283, A 307, A 386, A 500,A 501;
and AWS A2.0 and D1.1. Ready-Mix Concrete shall conform to ASTM C 94. Shoring
and excavations shall comply with Title 8 of the California Occupational Safety and
Health regulations.
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13. Permits and Licenses
The Design-Builder shall possess all required permits and licenses required by federal,
state, county, and local governing bodies (including the City)to perform the entire
project design and construction.
The Design-Builder must obtain various plan checks, permits, approvals, and compliance
measures. They include and are not limited to the following:
• City Business License
• Grading Plan Check and Permits
• Haul Route Permit
• Traffic Control Plan
• Building Plan Check and Permit for Reservoir(City Requirement)
• Electrical Permit
• Plumbing Permit (incidental domestic plumbing only, if required by disturbance or
addition to potable service)
• Title 8 of the State Orders, Division of Industrial Safety(Cal/OSHA)
• California Department of Health Services Review
• Orange County Water District Review
• Orange County Health Care Agency
• Best Management Practices for Storm Water Pollution Prevention Plan
The process to obtain permits will require applications and clearances from other
intermediate agencies and review boards such as the City Planning Department and
Zoning Administrator and Design Review Board. Public hearings may be required with
participation by the Design-Builder.
The full Planning entitlement process is anticipated to take four(4)months and must be
considered in the overall Project schedule.
The Design-Builder shall assist the City in amending its water supply permit with the
California Department of Health Services incorporating the new storage and
modifications to the existing facilities.
Proposers must possess the proper professional and contractors licenses as required by
law at the time of proposal submittal. A California Registered Professional Engineer
shall sign and stamp all plans and specifications as the responsible Engineer of Record
and as required by the Professional Engineer's Act. A General Engineering Contractor's
Class A license is required for facility construction and additional licenses shall be
provided as required and subject to California Contractor's State License Board approval.
Craft workers shall be qualified for the performance of their specialized work.
14. McDonnell Douglas Specific Plan
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Following the general guidelines of the Specific Plan is presumed. The Peck Reservoir
Expansion project is located within Planning Area 2, Subarea A of Specific Plan No. 11
(McDonnell Centre Business Park). The City's Director'of Planning is required to
implement specific development projects through a Site Plan Review process. The
Design-Builder is required to submit a detailed design incorporating the development
standards and design guidelines outlined in this Specific Plan.
Maximum lot coverage of 60 percent and a floor area ratio of 65 percent are required for
the Specific Plan for Planning Area 2. The Director of Community Development may
consider deviations up to ten(10)percent. Deviations greater than(10) percent must be
approved by a Variance application before the Zoning Administrator. The Design-Builder
is responsible for all deviation requests and processing applications. The City will assist
the Design-Builder to its fullest extent possible, but no assurance can be given that
variances will be granted.
A Record of Survey has been completed and filed with the County of Orange that
includes a lot line adjustment for the Peck Reservoir Expansion Project.
15. California Environmental Quality Act
Compliance with the California Environmental Quality Act is required. It should be
assumed by the Design-Builder that an initial study and negative declaration or mitigated
negative declaration will be necessary. In addition, all adopted mitigation measures
contained in the Specific Plan must be adhered to. The Design-Builder shall be
responsible for preparation of the environmental documents, filing, notices, and
distribution in coordination with the City. Three(3) copies of the draft initial study and
other documents shall be submitted. Final submittal shall include six (6) copies and an
electronic version on disk formatted for Microsoft Word.
If it is determined that a full environmental impact report is required, the City will
consider this a change of scope for the project and issue appropriate directives to the
Design-Builder.
16. Extensions of Time
Extensions of time, when granted by the City, will be based upon the effect on the critical
path. Extensions of time will not be granted for non-critical activities.
17. Coordination with Ongoing Water Operations
The approved schedule developed by the Design-Builder shall reflect the outage period
for the existing Peck Reservoir and other facilities. It is critical that close coordination be
maintained with ongoing water operations. It is important that the outage period for the
existing facilities be minimized, and any change in the approved schedule shall require 30
days prior written notice to and approval from the City. The City will dewater the
existing Peck Reservoir, lockout pumping and disinfection facilities, and provide access
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for the Design-Builder to perform the required modification activities. It is assumed that
the existing Peck Reservoir can be dewatered and Peck Booster Pumping Station can be
made available to the Design-Builder for at least six (6) months if Well No. 7 remains
available during that period. The City will cooperate with the Design-Builder to
accommodate construction; however, temporary operational modifications may be
required to continue providing service to customers. The Design-Builder is encouraged
to shorten the outage period; however, no monetary incentive is provided.
The City reserves the right to interrupt construction and restore the existing facilities to
operation in the event of a major.emergency.
18. Construction Mitigation Measures
All grading activities shall comply with Chapter 17.05 of the Huntington Beach
Municipal Code. Limitations and requirements must be fully addressed, and restrictions
on working hours, noise, dust and other issues must be fully mitigated. Haul routes shall
be approved, and dust control shall be preemptive and include use of water trucks, street
sweepers throughout each workday involving grading operations, and other measures to
maintain clean access and egress right-of-way and adjoining streets. At the end of each
workday involving grading or earthwork activities, and as-otherwise required, all
adjoining streets affected by the construction operations shall be swept and wet down.
Accumulations of mud, dust, dirt or debris on sidewalks from the working activities or by
reason of storm water runoff, or wind, shall be promptly removed. A water quality
management plan is required. Best management practices shall be provided to keep all
construction pollutants from contacting storm water with the intent of keeping all
products of erosion from moving off site. Additional preventative methods and measures
shall be taken as necessary.
19. Utility Field Services
The Design-Builder shall provide all temporary utility services for use during
construction and start up testing. Temporary power, sanitary facilities, construction
trailers and office space shall be provided in accordance with Section 7 of the SSPWC,
except the City will provide all water for construction and initial reservoir testing and
leak detection from a designated location. Field offices shall be provided in accordance
with the SSPWC. Class"B" field office shall be provided for City representatives.
Temporary toilet facilities for use of the workers shall be housed within a weathertight
and elevated floor structure.
20. Surveying
The City will establish property boundaries and control elevation monuments and provide
the same to the Design-Builder. The Design-Builder shall protect control points,
monuments, and perform all construction surveying, staking, and comply with all articles
of the State's Land Surveyors Act. The City will perform independent periodic review
for conformance with the design intent.
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21. Peck Booster Pumping Station Modifications
The existing Peck Booster Pumping Station has sufficient pumping capacity to
accommodate the new reservoir. Suction grade to the pumps and.pump discharge grades
are intended to remain the same after the addition of the new storage facility. The Peck
-Booster Pumping Station hydraulic efficiency and protection from cavitation should not
be reduced by any Design-Builder modifications.
The new reservoir must be connected to the intake manifold of the existing Peck Booster
Pumping Station. A new isolation valve must be installed by the Design-Builder to stop
inflow to the suction manifold from the existing Peck Reservoir. Design of required
modifications is left to the discretion of the Design-Builder. It is assumed that the
existing Pumping Station will have to be undermined and structurally modified to gain
access to the suction manifold. The work required to gain access, remove existing piping
and equipment, installing new manifold piping and valves or other equipment
modifications, must structurally restore the pumping station to current standards.
Isolation valves for the new reservoir or each new tank are also required. The type of
valves and location must be appropriate for the intended purpose. The new reservoir or
tank isolation valves shall be accessible and provide watertight seals. The isolation
valve proposed for the existing Peck Reservoir may be retrofit within the suction header
line or submerged within the reservoir. Valve operation shall be by extended operating
shaft and shall be designed to provide equivalent reliable service as those isolation valves
developed for the new storage reservoir or tanks.
22. Payment of Applications, Permits and Plan Check Fees
The Design-Builder must pay for all business, professional, and contractor licenses, fees
and permits to engage in this type of work. The City will pay for permits and fees and
approval applications directly related to the project. In general, the City will be
responsible for payment of first time application and permit fee obligations specifically
required for the project. To prevent delay to the project, from time to time, it may be
appropriate for the Design-Builder to pay for certain permits or fees. Upon submittal and
approval of invoices or payment receipts, the City will reimburse the design-builder for
out-of-pocket expense for applications, plan check.and permit fees paid directly for the
project, and without mark-up.
The Design-Builder must pay all additional fees and expenses due to re-application or
resubmittal for failure on the part of the Design-Builder to comply with the initial permit
or application.
23. Foundation Design, Seismic Concern, and Reservoir Stability
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The risk of seismic activity can be attributed to the proximity of several fault zones and
the geologic makeup of the region. Seismic hazards exist in the City and the region has
experienced several significant earthquakes in historic times. Soil characteristics are
subject to settlement, liquefaction, and expansion. Consideration must be given for
seismic safety, reliability, long term facility life, cost effectiveness, low maintenance and
ease of operation of the new reservoir and appurtenant facilities.
The Design-Builder shall comply and go beyond the standards for seismic design of the
UBC. The design must consider strong ground shaking. Peak horizontal design spectra
and vertical design spectra shall be developed as part of the design. The Design-Builder
shall perform a seismic hazard analysis and prepare seismic design criteria. Analysis can
be done in the deterministic or probabilistic form. The deterministic approach shall
consider the maximum probable and maximum credible events. The facility is
considered an essential facility with appropriate importance factors in accordance with
the UBC. The preliminary seismic design included in the GPI geotechnical report dated
August 13, 1999 evaluated the seismic hazard criteria for 10 percent probability of
exceedence in 50 and 100 years. The Design-Builder shall develop a two-tiered design
approach. The facility shall sustain a high level of performance without significant
damage during a tier one level event of 10 percent probability of exceedence in 50 years
or a maximum probable event. The level of performance shall result in insignificant
minor cosmetic effects on the structures that do not need immediate repair or require
draining of the reservoir facility until it is convenient for water system operations.
The facility shall be expected to remain operable with only minor repairable damage due
to a tier two higher seismic level event of 10 percent probability of exceedence in 100
years or a maximum credible seismic event.
The effects of dynamic pressures on the structures from the impulsive and convective
forces induced from seismic activity must be considered in the design. Reservoir wave
action, freeboard, roof design, sliding, piping flexibility, overturning, uplift, and
anchorage are other factors that must be considered in the structural design.
Prior to beginning construction and in addition to all other required geotechnical
evaluations and design reports, the Design-Builder shall submit a comprehensive letter
.report, signed by a registered professional engineer and/or engineering geologist,to the
City indicating that all the above performance requirements have been considered in the
design.
24. Earthwork
All procurement of earthwork material and disposal of spoil and surplus material are the
responsibilities of the Design-Builder. All earthwork necessary to construct the reservoir
shall conform to geotechnical engineering reports prepared by the Design-Builder as
submitted and accepted by the City.
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It is the responsibility of the Design-Builder to provide all final geotechnical design.
Other than the preliminary data provided by the City, all in situ, exploratory work and
borings, laboratory testing, calculations, geotechnical design, and reports are the
responsibility of the Design-Builder.
The Design-Builder shall indicate in a separate report any special considerations needed
to protect the stability of the existing Peck Reservoir and Peck Booster Pumping Station
during dewatering and excavation stages of the work.
25. Geotechnical Inspection
The Design-Builder shall provide professional geotechnical oversight by the civil
engineer, soils engineer, and the engineering geologist as required by law.
The City will also provide limited independent geotechnical professional review during
the design and follow-up observations during construction to verify that the design meets
the City's minimum requirements, and ensure that construction is carried out in
accordance with the approved design. The City will perform compaction and other soil
testing by a separate independent testing firm. The design shall incorporate the minimum
test frequency requirements. The cost for re-test of failures will be paid by the Design-
Builder.
Grading and shoring operations shall comply with accepted geotechnical design reports
and recommendations. The Design-Builder shall provide all inspections by competent
persons for shoring and excavations required by Cal/OSHA.
26. Building Inspections
Called inspections to the Department of Building and Safety and compliance with
notification requirements are the responsibility of the Design-Builder. The City will
provide special inspections with prior notification by the Design-Builder. The City will
provide continuous inspection by a registered deputy inspector, per the UBC Chapter 17,
Section 1701, for special inspections required for all field welding, masonry walls,
concrete anchors, reinforced concrete, prestressed concrete, high strength bolting, pile,
pier, and caissons, nailing wood diaphragms and shear walls, and roof truss connections.
For code compliance, the City will arrange for concrete testing and other required tests
and report services. The cost of re-tests for failures shall be the responsibility of the
Design-Builder. The City shall be given 72 hours prior notice for deputy inspections.
The City has the right to have the construction manager or designated representative(s)
perform general inspection at any time; however, the Design-Builder shall self-inspect
and be responsible for day-to-day general oversight inspection.
Structural observations shall be performed by the Design-Builder Engineer of Record in
accordance with the UBC.
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27. Substructures
Substructures known to exist are included in the reference drawings. The 10-inch water
line that is identified in the August 1997 Site Plan Study located approximately 50 feet
south of the southerly property line of the existing Peck Reservoir has been
decommissioned and removed. No substructures are known to exist within the 2.47-acre
project site proposed for the Peck Reservoir Expansion Project. Minor remnants of
concrete spillage from the adjacent building construction may exist at or near the surface.
The City relies on the accuracy of the Peck Reservoir Expansion Site Phase II
Environmental Assessment Report prepared by Converse Consultants, dated August
1998. The City also presumes the testing and field data derived from the geotechnical
investigation for Peck Reservoir Expansion prepared by GPI, dated August 1999 are as
indicated. Any additional surface or subsurface tests or reports required for the project
shall be provided by the Design-Builder. Significant deviations in actual field conditions
from those previously indicated will be considered a change of scope for the Design-
Builder.
28. Protection and Restoration of Existing Improvements
Existing improvements within the project limits which are not designated within the
scope of work,but which are damaged or removed as a result of the work, shall be
restored by the Design-Builder in a manner satisfactory to the City.
29. Large Piping
In general, inlet, outlet and fabricated manifold piping shall be welded steel pipe. Spiral-
seam and straight-seam pipe are allowed. Piping 24-inches in diameter or larger shall
meet the requirements of ASTM A 283, Grade D and the Supplementary Requirement S-
14, or ASTM A 36 and the Supplementary Requirement S-14. Steel for the fabrication of
pipe shall be furnished in steel plate or coil and shall not be rimmed or capped. Coil steel
sheet shall meet the requirements of ASTM A 570. Welded steel pipe with a diameter of
less than 24-inches shall be fabricated in accordance with ASTM A 53, Type E. Certified
copies of mill-test reports including the physical and chemical properties of steel and
mill-manufactured pipe shall be furnished.
Welding procedures shall be specified and each specification shall have supporting
procedure qualification records. The welding process shall produce complete fusion of
base metal and filler metal, free from cracks, oxides, and gas pockets within the limits set
forth in engineered design standards. Welders and welding operators shall be qualified
under the applicable provisions of the standard qualification procedure of the (ASME)
Boiler and Pressure Vessel Code, Section IX.
As a minimum, welded steel pipe and joints shall be designed in accordance with
AWWA M-11 and designed to resist all combined forces. Regardless of pressure, the
minimum wall thickness of steel pipe 16-inch and larger shall be '/4 inch. Restraint or
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flexibility shall be designed at points of piping and structure interaction. Flange bolting
materials shall be stainless steel.
30. Piping Modifications, Connections and Controls
The Design-Builder shall develop detailed modifications to the pumping station suction
manifold and connections to the existing system. External coating systems shall be
compatible with existing piping. Corrosion control systems and monitoring shall be
included, such as use of insulated joints, bonding jumpers, monitoring stations, anodes, or
other cathodic protection, as required by design. The design shall consider the hydraulic
characteristics for the existing system and carefully consider the effects of isolation
valves to efficiently utilize the existing pumping equipment and prevent cavitation at the
existing pumps.
Separate reservoir inlets and outlets are required for circulation and to avoid dead spots.
Water Quality sample taps shall be provided for convenient access and use by water
quality testing personnel. Multi-level water quality sampling and monitoring ports and/or
access shall be provided. Service water.connections and fire hydrants shall also be
included at perimeter points and reservoir wash down connections shall be included.
Isolation valves are required for each of the storage structures. Control and isolation
valves for the new storage facility shall be external to the storage structure and accessible
for maintenance. The Design-Builder can consider submerged isolation valves or gates
for the existing reservoir and must restore any reservoir lining disturbed by
modifications. Isolation valves shall be designed for reliable service with consideration
for sanding deposits from well operations.
31. Trenching, Backfill and Compaction
The Design-Builder shall design all trenching, bedding, and backfill for pipelines,
structure support and drainage systems. Material selection and consolidation
requirements shall be designed to create full structural support, protection of pipe
systems, and with consideration for corrosive conditions and drainage requirements. All
surplus spoil and other materials shall be properly removed from the site.
32. Operational Connections to Existing Systems
The existing Peck Reservoir site includes Peck Booster Pumping Station, water Wells
No. 4 and No. 7, gas feed chlorinating, and other water operating facilities. The new
Peck Reservoir Expansion Project must take advantage of these existing facilities without
duplication of the booster pumping facilities. The Peck Booster Pumping Station takes
suction from the existing Peck Reservoir and its discharge header connects to the Zone
One distribution system. The water Wells can feed directly into the Zone One distribution
system or into Peck Reservoir.
The new storage structure(s) and the existing Peck Reservoir must be capable of being
operated independently and isolated from each other. The new storage facility must be
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capable of operating in parallel with existing reservoir and the operating high water
elevation must match the existing reservoir(the high water elevation=33.67 feet NGV
datum at the reservoir spillway). The minimum suction grade to the existing Peck
Booster Pumping station must be must be maintained (suction manifold centerline
elevation= 6.00 feet NGV datum). The Design-Builder shall include linkage to the
existing supervisory control and data acquisition(SCADA) to monitor the new facilities.
Remote operation of valves is not required. By separate contract, the City is currently
upgrading the existing SCADA system that will utilize a spread spectrum radio link from
the Peck Booster Pumping Station.
33. Hydraulic Flow Characteristics
The maximum flow characteristics are as follows: Peck Booster Pumping Station has four
(4) natural gas engine driven pumps with a combined discharge of 18,540 gpm(4,635
gpm each). Well No. 4 has a capacity of 3,000 gpm, and Well No. 7 has a 3,800-gpm
capacity. Future Well No. 13 must be assumed to have a 3,500-gpm capacity. The
discharge system hydraulic grade is approximately 75 psi. Maximum inflow to Peck
Reservoir from the West Orange County Water Board OC-35 connection is 9,000 gpm.
It is assumed that all wells and OC-35 could be operating in low demand periods and the
reservoirs must provide system pressure relief into the reservoir or tanks. The combined
maximum reservoir inflow could be as high as 19,300 gpm. All combinations of
isolation and operation of reservoirs and wells must be considered in the design.
34. Concrete Structures and Prestressed Concrete Tank
Design of concrete reservoir structures shall carefully consider watertightness, structural
integrity and durability. The structures shall be designed to retain potable water with
resistance to liquid permeation though the use of quality concrete, proper design of joint
details, and adequate reinforcement.
Cast-in-place concrete for the water reservoir shall adhere to the objectives of ACI 350R
for design and analysis, watertightness, and durability. Reinforced concrete structures
must be designed for both strength and serviceability. Shrinkage cracking must be
controlled. Considerations must be made to control calculated deflections and crack
width. As recommended by ACI 350R, durability and serviceability coefficients must be
adjusted.
Concrete mix design and placement are critically important to the successful long term
performance of water containing concrete structures. Before proceeding with
construction, the Design-Builder shall furnish to the City for approval a comprehensive
engineering evaluation and letter report submittal regarding concrete mix design and
related placement and curing requirements. The purpose of this supplemental report is to
provide a technical commentary regarding the design of the structural concrete and how
placement and curing are to be carried out to assure long term performance of the
concrete structure(s). The report should address how the City will be assured that
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shrinkage is controlled, watertightness is provided and high quality concrete structures
will be built. This report shall supplement other code requirements of the Department of
Building and Safety regarding mix design, detailed design drawings, and construction
specifications.
Unless otherwise recommended by code or standard to be of a higher value, structure
footings, slabs-on-grade, columns,walls, and other structural elements shall have a
minimum ultimate compressive strength of 4,000 psi at 28 days and reinforcing steel
shall be grade 60 except 44 bars or smaller may be grade 40. Design stress levels
requiring special inspection shall be noted.
Detailed design provisions for concrete work shall be stated including requirements for
form ties, patching, sealing, release times and other curing requirements.
Quality assurance shall comply with ACI 117. All troweled finish floors shall achieve an
FF25/FL20 tolerance. All float finished slabs shall achieve an FF20/FL17 tolerance.
Prestressed wire-wrapped concrete tanks are acceptable alternatives if designed in
accordance with AWWA D110. Total usable volume shall equal 9 million gallons.
Tanks shall be multi-strand wire wrapped. Horizontal tendon tanks are not acceptable.
Prestressed tanks shall be constructed by a company experienced in the construction of
externally machine wrapped strand wound, circular, prestressed concrete tanks. The
Design-Builder shall have, as a minimum, designed and constructed at least three similar
facilities within the last seven(7)years. Design-Build teams can be developed
specifically for this project and individual team member experience will satisfy detailed
experience requirements.
Prestressed concrete tank design shall incorporate satisfactory response under seismic
conditions and incorporate a"freed" condition between wall and wall footing. Vertical
galvanized threadbar prestressing tendons shall be epoxy encased. The continuous
machine wrapping of galvanized multiwire strand circumferential prestressing must
provide the desired bond with the shotcrete and achieve the designed stressing force.
Prestressed concrete tank walls shall have a minimum compressive strength of 5,000 psi.
Tank floor and roof slabs, columns and drop panels, and shotcrete shall have a minimum
compressive strength of 4,000 psi.
35. Corrosion Control and Engineering
The Design-Builder shall incorporate the services of a qualified corrosion engineer to
evaluate the components and service conditions of the entire project including
connections to the existing piping, new piping, reinforced concrete reservoir, or
prestressed concrete tank. The internal reservoir environment and external soil
corrosively shall be evaluated and the design shall incorporate corrosion control
strategies.
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Those areas of the existing Peck Booster Pumping Station that are modified within the
scope of this project shall include corrosion protection. Areas within the project
boundaries not disturbed by the project activities are not the responsibility of the Design-
Builder except as they interface with the new work. Those areas at the interface shall be
protected from further corrosion by the new work.
Prior to beginning construction, the Design-Builder shall submit a letter report, signed by
the corrosion engineer, indicating that all of the above corrosion factors were considered
in the design.
36. Roof Structures
Long life and minimum maintenance are essential. Minimum live roof loads shall be 30
psf or building code requirements, whichever is greater. Floating covers are not
acceptable. Roofing systems must consider long service life and minimum maintenance.
The Design-Builder must consider interaction of materials and environmental effects to
develop the best proposal for a roofing system. If a metal surface is included in the
design, the finish protective coating must include a 25 year guarantee. Design shall
comply with all local codes and high exposure wind uplift requirements. Internal
supporting columns shall be reinforced concrete. Other roof supporting structures can be
of various materials including steel or prestressed concrete. Timber may be used if not
directly exposed to water and properly designed for potable water use and ventilated to
not deteriorate from the exposed environment. Thermal differential expansion and
contraction shall be considered in the design.
Water quality protection and coating systems are dependent on the chosen design. If
underside-coating systems are required,they must meet NSF approval for use in a potable
water environment. Seismic design and deflection control shall be provided in the
detailed design. External drainage must be effective for diversion of rain and sanitary
protection of the contained water. Long term deflections must be considered and
adequate drainage provided. The reservoir interior environment shall be designed for
moist conditions and adequate ventilation shall be designed to control condensation and
provide corrosion protection. Inspection, water quality sampling, and maintenance
access shall be provided. Roof support columns shall be designed for minimum
maintenance.
37. Timber Roof Framing
Lumber for roof framing members and trusses shall be No. I Alaskan yellow-cedar,
meeting the requirements of the Western Wood Products Association (WWPA) grading
rules. All lumber shall be grade marked. Plywood roof sheathing shall be Western Red
Cedar exterior plywood manufactured in accordance with UBC Standard 25-9. All
Plywood shall have an American Plywood Association backstamp.
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Glue-laminated beams shall be heartwood Alaskan yellow cedar manufactured for use in
wet service. Beams shall conform to American Institute of Timber Construction
Standards and grade quality marked and certified.
38. Structural Steel
Structural Steel shall meet the requirements of ASTM A 36 and ASTM A 500, Grade B
for steel tube, or ASTM A 53, Type S, Grade B for steel pipe columns. Structural Steel
shall be protected from corrosion. Detailed design shall consider the operating
environment and determine the appropriate materials and corrosion protection required.
Timber framing shall use stainless steel for joist hangers, beam supports and fasteners.
The type of stainless steel(type 304 or 316L, as example) shall be as recommended by
the corrosion engineer for the environmental conditions. Submerged ladders, hand rails,
gratings and other features shall be stainless steel. Screening for ventilation shall be non-
corrosive. The preferred standard is to use stainless steel elsewhere for bolting, and other
fasteners, and other miscellaneous steel; however, the design and corrosion engineer may
consider hot-dipped galvanized steel, or other materials where appropriate and acceptable
to the City. All welding shall be performed in accordance with AWS D1.1.
39. Site Drainage Improvements
Drainage within the existing Peck Reservoir site is substandard and improvements to the
site drainage system are included within the scope of work for this project. The Design-
Builder shall develop the necessary surface drainage improvements for the existing Peck
Reservoir property and combine with the drainage plan for the Peck Reservoir Expansion
Project. A 24-inch diameter HDPE drainage lateral from Skylab Road is the intended
drainage connection. The inlet capacity to that drain is approximately 13.5 cfs.
Drainage of emergency spillway flows exceeding the storm drain capacity shall be
directed to the entrance driveway to Springdale Street. The Design-Builder must develop
best management practices plan incorporating structural and non-structural practices for
construction and long term operation of the Project.
40. Landscape Improvements
Shall meet the requirements of the McDonnell Douglas Specific Plan and City standards,
and receive Design Review Board approval. Appropriate landscape improvements must
be developed that include automatic irrigation controllers.
41. Off-Site Fabrication
Fabricators shall be City and UBC approved. Certificates of Compliance for all offshe
fabrication shall be provided for trusses, glue-laminated members, precast concrete,
structural steel, and other major structural elements.
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42. Existing Well Site Modifications and Improvements
Modification of chlorine storage facilities for water Well No. 7 to provide secondary
containment is a separate project planned within the existing reservoir site and is not
included within the scope of work for this Design-Build project.
Refer to the Black and Veatch report dated January 20, 2000 for a description of the
proposed Water Well Site Chlorine Room Modifications. The location of the proposed
chlorine containment enclosure for Well No. 7 has been changed to a vacant area north of
the engine building as shown on the Peck Reservoir Expansion Project preliminary layout
reference drawing. The installation of these improvements for Well No. 7 is not included
within the scope of work for the Design-Builder for the Peck Reservoir Expansion
Project; however, the Design-Builder is responsible for all site paving and drainage
improvements in the general area.
Pump to waste drainage improvements are required for Well No. 4,Well No. 7 are also
included within the scope of work for the Design-Builder for the Peck Reservoir
Expansion Project. This work must be incorporated into the overall site drainage
improvements by the Design-Builder. Pump to waste for each well shall be sized to
handle full flow of up to 3,000 gpm from Well No. 4 and 3,800 gpm from Well No. 7,
and 3,500 gpm from future Well No. 13. It is assumed that wells would pump to waste
non-concurrently.
43. Future Well No. 13 Improvements
A concurrent project is also underway to drill new water Well No. 13. The Design-
Builder must allow clear space at the rear or westerly end of the new reservoir for
construction of Well No. 13. It is anticipated that drilling and initial development of the
subsurface portion of the well will be completed within the next three(3) months. The
Design-Builder must accommodate and provide access to an independent contractor to
perform its drilling and well development operations. It is necessary for the driller to
place Baker type tanks and other drilling equipment and materials near the well site for
its construction. The duration of subsurface construction for Well No. 13, including
logging, isolation testing and other well development is estimated to take 60 calendar
days or less once initiated.
The Design-Builder shall include within its scope a 12-inch diameter pipe turnout for
connection to the proposed well. The detailed design of Well No. 13 has not been
initiated; however, it is anticipated to be a natural gas driven pump located within a
building enclosure. Disinfection will also be included in the same manner as Black and
Veatch proposed for Well No. 7. Since the reservoir expansion project will precede Well
No. 13 development,the Design-Builder must furnish and install four(4) 2-inch diameter
conduits and pull boxes and pull strings for future electrical, signal, and control wiring
for the proposed well. Pull boxes must begin at a location near the proposed well and
terminate at the Peck Booster Pumping Station.
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Pump to waste drainage improvements will be required for future Well No. 13 and must
be considered within the scope of work for the Design-Builder for the Peck Reservoir
Expansion Project.
44. Seepage and Monitoring Systems
The preliminary geotechnical report by GPI dated August 1999 indicates relatively
shallow groundwater. Soils between 9 and 14 feet below existing grade appeared to be
saturated. The Design-Builder shall develop a new reservoir design that considers
saturated soils and protection from flotation. Continuous pumping of groundwater to
storm drain waste is not acceptable. However, some reservoir seepage and protection
from perched water is expected and must be considered in the design.
Design shall incorporate underdrain leak detection monitoring and alarm connections to
the existing SCADA system located within the Peck Booster Pumping Station.
Underdrain systems required to protect the facilities from buoyant floatation must include
reliable redundancy and shall include alarm provisions. Prior to construction, the Design-
Builder shall submit to the City a letter report prepared by a professional engineer and/or
engineering geologist indicating how the design will provide adequate protection of the
facilities.
45. Security and Safety
Security and safety of operations are important considerations for the Design-Builder to
address. Low level lighting shall be provided for use by operators and must be
compatible with the surrounding neighborhood and in conformance with the McDonnell
Douglas Specific Plan. Modification of the entry gate should incorporate a keyed access
automatic gate controller. Additional site enhancements, including aesthetic fencing
improvements, shall be developed by the Design-Builder and must be compatible with
the adjacent industrial building utilizing architectural enhancements, such as, wrought
iron fence sections with masonry or concrete intermediate pilasters or columns. Height
of new wall or fences are subject to the requirements of the McDonnell Douglas Specific
Plan and require Design Review Board Approval. Improvements to the existing
masonry wall along Springdale Street and relocation of the main entry gate are also
anticipated.
46. Graffiti Protection
Consideration shall be made for protect surfaces from graffiti. Anti-graffiti coatings or
materials shall be considered for exterior walls and fence surfaces subject to vandalism.
47. Paving
Asphalt paving shall be provided per approved geotechnical design recommendations,
including subgrade preparation, and base material. Perimeter roadway design shall
consider heavy equipment loading and the minimum asphalt surface course shall be 3-
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inches over 6-inch base. Entry and parkway improvements are subject to approval by the
Planning Department and Design Review Board. Portland cement concrete slabs and
aprons shall be provided at entry driveways access landings and other locations as
required by the design to provide safe and functional facilities requiring minimal long-
term maintenance. Architectural stamped concrete at entrance sidewalks or other detail
aesthetic improvements may be required by the design.
48. Start-Up and Testing
The Design-Builder shall be responsible to prepare a detailed start-up and testing work
plan and schedule. The plan must be presented to the City for approval no later than 60
days prior to project completion.
49. Disinfection and Leak Testing
All hydrostatic and leakage testing of pressure pipelines shall be done separately from
reservoir testing by the Design-Builder in accordance with City standards and AWWA
M11.
All reservoir and tank leak testing and shall be performed and disinfection provided by
the Design-Builder in accordance with AWWA C651 and C652 with the following
requirements:
• After filling the reservoir or tank, the water level shall be held to the overflow line for
two weeks for absorption and stabilization.
• Allowable leakage shall not exceed 0.05 of 1 percent of total capacity for a period of
24-hours after correcting for evaporation losses.
• The reservoir or tank, the inlet, outlet and drain lines shall be examined for evidence
of leaks.
• All leaks shall be repaired to the satisfaction of the City.
• Leakage testing may be conducted with the disinfection to conserve water.
• Visible leakage is not allowed and must be repaired, regardless of leakage rate.
• Leaks in floor or wall joints may be detected with the aid of a diver.
• Floor,wall, footing, column and roof cracks, which may have developed from drying
shrinkage, shall not be taped or chipped out and caulked. All cracks shall be repaired
by approved methods, such as, with the use of two part water insensitive epoxy.
• Leakage through joints, which may have resulted from displaced waterstops or
honeycomb under or around waterstops shall require the removal of concrete around
the waterstops in the suspected areas.
• The City shall approve proposed repair methods.
• Minor damp spots may be monitored during the first 6 months of operation. If damp
spots persist after the first 6 months of operation, they shall be repaired.
• Any areas that are exposed to contamination during the repair work shall be
disinfected and re-tested.
• Water from testing shall be disposed of in accordance with Regional Water Quality
Control Board requirements.
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• The City will provide all water for initial testing and disinfection purposes. The cost
of water required for re-testing and disinfection that cannot be consumed within the
distribution system will be the responsibility of the Design-Builder.
50. Water Quality Testing
The Design-Builder shall employ a qualified independent testing company, approved by
the City, for final testing and certification. Bacterial tests shall conform to City water
quality standards and AWWA C651 and C652.
51. Project Close Out
Before final acceptance by the City of all work, the Design-Builder shall provide the City
with certification that the constructed work was completed in conformance with the
approved design, met the design and performance standards, employment, clearances,
construction releases, and approvals from all regulatory agencies were obtained.
The Design-Builder shall compile and furnish to the City in organized and indexed files
all permits, and agency approval documents at the conclusion of the project and deliver to
the City together with as-built drawings and specifications of the constructed work.
The City will then issue and record a Notice of Completion at which time the warranty
period shall begin. The Design-Builder shall warranty the work as required in the
Agreement and the City shall have the option to exercise the extended warranty.
END OF SECTION
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT B
Sample City Contract
• SAMPLE
DESIGN/BUILD AGREEMENT
THIS DESIGNBUILD AGREEMENT(the"Agreement'),made and entered into this
day.of. ,2000, (the "effective date")by and between the CITY OF .
HUNTINGTON BEACH,a municipal corporation of the State of California, hereinafter referred
to as"CITY", and a corporation,hereinafter
referred to as "DESIGNBUILDER."
Hereinafter,the CITY and the DESIGNBUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, and construction
("Project");
WHEREAS,the CITY issued a Request For Proposals for the Project on
2000 ("RFP'); and
WHEREAS,DESIGNBUILDER submitted a proposal to CITY in response to the RFP
on ("Proposal"),
-WHEREAS,based upon the evaluation criteria and competitive selection procedure set
forth in the RFP;DESIGNBUILDER has been selected to perform,both directly and through
any subcontracts it may enter into, the design, engineering and construction services set forth in
this Agreement and the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The"Work"is the scope of services to be performed and/or provided by
DESIGNBUILDER pursuant to and as required by all Contract Documents including,but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGNBUILDER shall design,engineer,procure materials and supplies'.
construct;cause to"be constructed, deliver,erect,commission,start-up,test.complete and
warranty the Project, consisting of all necessary materials, labor, supervision,machinery,
equipment, cranes, facilities, tools, supplies and structures including thosd reasonably inferable
from the Contract Documents and necessary to produce the stated result even though no mention
thereof is made in the Contract Documents.
1.02 DESIGNBUII,DER's responsibilities, as further described in the Contract
Documents include,but are not limited to,the following tasks:
A. Preparation of conceptual plans;
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B. Preparation of documents for CEQA compliance and Design Review Board approval;
C. Securing of all applicable permits and-approvals required by any federal,state, county
or.local agency, including CITY;
D. Preparation of Construction'Documents;
E. Construction of the Project; and
F. Start up and testing.
1.03 DESIGNBUILDER hereby designates , an individual,
who shall represent DESIGNBUILDER and be its sole contact and agent in all consultations
.with CITY during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The"Contract Documents"shall consist of the following documents, all of which
are either.attached hereto as Exhibits or are incorporated into this Agreement by this reference,
with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the effective date of this
Agreement. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part hereof as follows:
B. The RFP, including design criteria and performance requirements, attached hereto as
Exhibit A;
C. The DESIGN/BUILDER's Proposal, attached hereto as Exhibit B;
D. The Faithful Performance Bond attached hereto as Exhibit C; '
E.- The Payment Bond attached hereto'as Exhibit D; '.
F. The Warranty Bond attached hereto as Exhibit E;
G. Construction Documents,upon approval by CITY in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
,proposal of DESIGNBUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said Proposal which is in conflict herewith.
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2.04 This Agreement, together with all other Contract Documents constitutes the entire
Agreement between the Parties hereto and all other representations or statements heretofore
made,verbal or written, are merged herein. This Agreement may be amended only by written
modification executed by duly authorized representatives of the Parties hereto or according to the
Change Order procedure set forth herein.
ARTICLE 3
CITY'S DUTIES AND RESPONSIBILITIES
3.01 CITY's Desienation of Authorized Representative. The CITY shall designate,
from time to time, in writing directed to DESIGNBBUILDER,one or more representatives
authorized to act on the CITY's behalf with respect to the Project.
3.02 CITY's Right To Award Separate Contracts. The CITY reserves the right to
-perform Work or operations related to the Project,with the CITY's own forces, and to award
separate contracts in connection with the Project. The consent or permission of
DESIGNBUMDER shall not be needed or required in this regard.
3.03 CITY's Right To Stop The Work. If the DESIGNBUILDER fails to correct
defective Work as required herein, or persistently fails to cant'out the Work in accordance with
the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGNBBUMDER to stop the Work, or any portion thereof until the CITY reasonably
determines that the cause for such stop order has been eliminated.- The CITY's right to stop the
Work is in addition to the CITY's right to terminate set forth herein.
3.04 CITY's Right To Carry Out The Work. If the DESIGNBUILDER defaults and
neglects to carry out the Work in accordance with the Contract Documents or fails to perform
any of its obligations under the Contract Documents, the CITY may, after forty-eight(48)hours
written notice to the DESIGNBUILDER, and without prejudice.to any other remedy•the CITY
may have, at its own cost and expense, make good on such deficiencies. In such case, an
appropriate Change Order shall be issued deducting from the payments then or thereafter due the
DESIGNBUILDER the cost of correcting such deficiencies. If the payments then or thereafter
due the DESIGNBUELDER are not sufficient to cover such amount,the DESIGNBUILDER
shall pay the difference to the CITY within thirty(30) days of written demand from the CITY.
ARTICLE 4
TIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement,DESIGNBUILDER confirms that the Contract Time(as hereinafter defined) is a
reasonable period for performing the Work. DESIGNBUILDER agrees to commence Work
immediately upon receipt of a written Notice to Proceed issued by the CITY,to continue
performance of the Work in a diligent and workmanlike manner, to achieve Substantial
Completion of the Work within 840 calendar days after the date of issuance of the Notice to
i Proceed and to achieve Final Completion of the Work within the time fixed by the City in its
Certificate of Substantial Completion(the"Contract Time"). The Contract Time may be
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extended only with the written permission of the CITY. Substantial Completion, as used in this
Agreement, means completion of construction and start-up testing.•
4.02 Schedules. The planning, design,construction and completion of the Project shall
be undertaken and completed in accordance with the baseline Project Schedule to be provided to
the CITY within thirty(30)hays after issuance of the Notice to Proceed: The Project Schedule
shall define major design and construction activities, their sequences and elapsed completion
time from the date of the Notice to Proceed. The Project Schedule shall be updated throughout
the performance of the Work. The Project Schedule may be amended to benefit the Project if
mutually agreed by the CITY and DESIGNBUILDER id writing.
4.03 Delays and Extensions of Time.
A. If the DESIGNBUILDER is delayed in the progress of the Work by acts or
neglect of the CITY, CITY's employees, separate contractors employed by the
CITY, changes ordered in the Work not caused by the fault of
DESIGNBUILDER, fire,unusual delay in transportation, adverse weather
conditions not reasonably anticipated,unavoidable casualties,or other causes
beyond the DESIGNBUILDER's control,then the Date of Substantial
Completion shall be extended for a period equal to the length of such delay if,
within ten(10) calendar days after the beginning of any such delay, the
DESIGNBUILDER delivers tolhe CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request shall
not be unreasonably withheld.
B. An extension of time shall be the DESIGNBUILDER's sole remedy for any such
delay unless the same shall have been caused by acts constituting intentional
interference by the CITY with the DESIGNBU LDER's performance of the
Work where such acts continue after the DESIGNBUILDER's written notice to
the CITY of such interference. In the event the DESIGNBUILDER's work has
been delayed by acts constituting intentional interference by the CITY, the
DESIGNBUILDER shall be entitled to reimbursement for its reasonable
additional costs resulting from such delays but not for any additional profit or
overhead. .
4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of the
essence o'f this Agreement and that CITY will suffer substantial economic damage if the Work is
not completed within the times specified hereinabove,plus an extensions thereof allowed in
P P P Y .
accordance with this Agreement. The Parties also recognize the extent of such damages shall be
incapable of accurate measurement. Nonetheless,the Parties acknowledge that on the date of
this Agreement,the amount of liquidated damages set forth below represents a good faith
estimate as to the actual potential damages that the CITY would incur as a result of late
Substantial Completion of the Project. The amount of the liquidated damages calculated
,hereunder dues not include any penalty.
- 4.05 Amount of Liquidated Damages. If the DESIGNBUILDER fails to achieve
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Substantial Completion of the Work on or before the date specified hereinabove,
DESIGNBUILDER and its surety shall pay to the CITY liquidated damages in the amount of
One Thousand Five Hundred Dollars($1,500.00)per day for each day the date of Substantial
Completion is delayed beyond the date set forth in this Agreement. It is further mutually
understood and agreed between CITY and DESIGNBUILDER that the sums of liquidated
damages set forth above are additive for'each and every day of delay in the event that Substantial
Completion'is so exceeded.. It is further understood and agreed upon by and between CITY and
DESIGNBUILDER that liquidated damages may be assessed against progress payments or
retainage and that CITY will issue a deductive Change Order for the amount specified herein and
will reduce the Contract Price accordingly. In the event the remaining,unpaid Contract Price is
insufficient to cover the full amount of assessed liquidated damages,DESIGNBUILDER or its
surety shall pay the difference to CITY on demand. This paragraph shall not limit the CITY's
ability to seek and obtain additional legal remedies or damages that result from breaches of the
Contract Documents by the DESIGNBUILDER,other than those caused by delay in achieving
_Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGNBUILDER's performance of the Work described
herein, including the optional five (5) year extended warranty period, CITY agrees to pay
DESIGNBUILDER the Lump Sum Contract Price of: Dollars($_�
in accordance with the payment procedures set forth in Article 6 herein. Except as otherwise
provided in the Contract Documents, the Contract Price willfully compensate
DESIGN/BUILDER for all Work performed by it, as required by the Contract Documents and
this Agreement.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and
within ten (10)calendar days after CITY's issuance of the Notice to Proceed, the
DESIGN/BUILDER shall submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include all overhead andprofit applicable to each
item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a basis for
payment.
6.02 Application For Payment.
A. The DESIGNBUILDER shall deliver to the CITY on the tenth(10) day of each
month, an Application for Payment covering the Work performed during the
preceding month. The first application for payment should be delivered to CITY
by DESIGNBUILDER's completion of Milestone#1 of the Milestone Payment
Schedule. Thereafter,the DESIGNBUILDER shall deliver monthly applications
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r` for payment to CITY as provided for immediately above. Each Application for
Payment shall constitute a representation by the DESIGNBUILDER to the CITY
that,the design and construction have progressed to the point indicated, the
quality of the Work covered by the Application is in accordance with the Contract
Documents, and the DESIGNBUILDER is entitled to payment in the amount
requested.
B. In submitting each Application For Payment;DESIGNBUILDER warrants that
title to all Work covered by each Application for Payment shall pass to the CITY
no later than the time of payment. The DESIGNBUILDER further warrants that
all Work covered by the previous Application for Payment is free and clear of all
liens, claims, security interests or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the DESIGNBUILDER
that the Work has been performed in accordance with the provisions of
this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGNBUILDER for the previous Application
for Payment.
_. 6.03 . Pavment.
i A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGN/BUILDER is making satisfactory progress toward completion of Work in
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accordance with this Agreement, CITY shall promptly approve the Application,-in
which event-payment shall be made within thirty(30) days of receipt of the
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an Application for Payment,*CITY shall notify
DESIGNBUILDER in writing of the reasons for non-approval,within seven(7)
calendar days of receipt.of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGNBUILDER for the percentage of Work completed through the period
covered by the Application for Payment less*10%retainage.
C. The DESIGNBUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGN/BUILDER's performance under
the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or because
of subsequently discovered evidence or observations, shall nullify the whole or any part of any
payment previously issued,to such extent as may be necessary to protect the CITY from loss
because of:
A. Defective work not remedied;
B. Third parties claims filed which constitute reasonable evidence indicating
. probable.filing of such claims;
C. Failure of DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor,materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGNBUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DESIGNBUILDER considers that the Work
is Substantially Complete, the DESIGNBUILDER shall prepare and submit to the CITY.a .
request for issuance of a Certificate of Substantial Completion and a.comprehensive list of items
to be completed. The DESIGNBUILDER shall proceed promptly to complete and correct the
items. Failure to include an item on the DESIGNBUILDER's list does not alter the
responsibility of the DESIGNBUILDER to.complete all Work in accordance with the Contract
Documents. Upon receipt of the DESIGNBUILDER's request for issuance of a Certificate of
Substantial Completion,the CITY will make an inspection to determine whether Substantial
Completion has occurred. The CITY may either reject the DESIGNBUILDER's request for
issuance of a Certificate of Substantial Completion or issue a Certificate of Substantial
Completion with the punchlist items of Work to be completed or corrected("Punchlist')and
fixing the time within which DESIGNBUILDER shall complete the Punchlist items and achieve
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Final Completion. ,
6.06 Final Completion and Final Payment.
A. When the DESIGNBUILDER considers that the Work is finally complete, the
DESIGN/BUILDER shall so notify the.CITY. The CITY will inspect the,Work.
and will either'rej ect the request or accept the Work as evidenced by the'
recordation of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGNBUILDER until ninety(90) days following CITY's recordation of a
Notice of Completion and the DESIGNBUILDER submits to the Owner.
1. An affidavit that all payrolls,bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligations such as
receipts,releases and waivers from all persons or entities legally eligible
to file stop notices in connection with the Work;
�. 4. Submittal of Records,Drawings and Documents in.reproducible'format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGNBUILDER
shall constitute a waiver of affirmative claims by the DESIGNBUILDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCUMENTS
7.01 Use of and Title to Materials. DESIGNBUILDER agrees that all materials
prepared hereunder, including all original drawings;designs, reports, field and office notices,
calculations,maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project,whichever occurs first. In the event this
Agreement is-terminated, said materials maybe used by CITY in the completion of PROJECT or
as it otherwise sees fit. Title to said materials shallpass to the CITY upon payment of amounts
'determined by CITY to be earned by DESIGNBUILDER to the point of termination or partial
completion or total completion of the PROJECT,whichever is applicable. DESIGNBUILDER
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shall be entitled to retain copies of all data prepared hereunder.
7.02 Delivery of Work Product. A copy of every technical memorandum and report
prepared by DESIGNBUILDER shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such work product,
CITY..shall identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGNBBUILDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda,written amendments,
change orders, field orders and work change directives,in good order and annotated to show all
changes made during construction("Record Documents'). These Record Documents, together
with all approved submittals,will be available to CITY for reference. Upon completion of the
Work, these Record Documents and submittals,including a reproducible set of Record
Drawings,will be delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGNBUILDER represents that it has
taken steps reasonably necessary to ascertain the nature and location of the Work, and that if has
investigated and satisfied itself as to the general and local conditions which may affect cost,
progress, or performance of the Work such as:
' A. Conditions bearing on transportation, disposal, handling, storage of materials;
B: The availability of labor, water,power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the Project Site;
E. The surface conditions of the ground at the Project Site; and
F. character of the equipment and facilities needed prior to.and during the performance
of the Work.
8.02 Review of Contract Documents and Field Conditions.
A. DESIGNBUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related'data identified in the The Request for
Proposals.The DESIGNBUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
B. DESIGNBUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
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conditions-in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGNBBUILDER shall take field measurement and verify field conditions and
shall carefully compare such field conditions and other information known to the
DESIGNBUILDER with the Contractor Documents before commencing the Work.
D. DESIGNBUILDER has correlated the information known to DESIGNBUILDER,
information and observations obtained from visits to the Project Site,reports and
drawings identified in the Contract Documents and all additional examinations,
investigations, explorations,tests,studies and data,,vith the Contract Documents.
E. DESIGNBUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGNBBUILDER has discovered in the Contract
Documents and the written resolution thereof by CITY is acceptable to
DESIGNBUILDER, and the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performance and furnishing
of the work.
F. DESIGNBUILDER is aware of the general nature of work to be performed by CITY
and others at the Project Site that relates to the Work as indicated in the Contract
Documents.
8.03 Legal Requirements. DESIGNBUILDER represents to the CITY that it is
familiar with and is satisfied as to all federal,state,county and local laws and regulations that
may affect cost,progress,performance or furnishing of the Work. The DESIGNBUILDER
shall comply with all applicable laws and shall give applicable notices pertaining thereto. The
DESIGNBUILDER shall prepare and file with the CITY all such documents required to obtain
the necessary approvals of governmental authorities having jurisdiction over the Work and/or the
Project and shall secure and pay for all permits and governmental fees, licensees and inspections
necessary for the proper execution of the Work and completion of the Project.
8.04 Before Starting Work.
A. The DESIGNBUILDER shall furnish the necessary bonds and insurance to CITY
within ten(10)days from award of the contract and prior to the issuance of the
.Notice of Proceed.
B. DESIGNBUILDER shall submit the following for review within thirty(30)
calendar days after issuance of the Notice to Proceed:
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
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2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal; and
3. A preliminary Schedule of Values and Cash Flow Projection.
-8.05 Initial Conference. Within thirty(36)calendar days after the issuance of the .
Notice to Proceed, a conference attended by CITY and DESIGNBUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts,schedules,procedures for handling submittals,processing
Applications for Payment,maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten(10)days before submission of the first Application for Payment, a
conference attended by DESIGN/BUILDER, CITY and others as appropriate,will be
held to review for acceptability the required submittals. DESIGNBUILDER shall
have an additional ten(10) calendar days to make corrections and adjustments and to
complete and resubmit the documents. No progress payment shall be made to
DESIGNBUILDER until the submittals are acceptable to CITY as provided below.
B. The Project Schedule will be acceptable to CITY as providing an orderly progression
of the Work to completion within any specified Milestones and the Contract Time,
but such acceptance will neither impose on CITY responsibility for the sequencing,
t scheduling or progress-of the Work nor interfere with nor relieve DESIGNBUILDER
from DESIGNBUILDER's full responsibility therefor. The format and structure of
the Project Schedule will be as set forth in the Contract Documents and approved by
CITY. CITY's acceptance shall not be deemed to confirm that the schedule is a
reasonable plan for performing the Work. DESIGN/BUILDER's Schedule of
Submittals will be acceptable to CITY as providing a workable arrangement for
reviewing and processing the required Submittals.
C. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be
acceptable to CITY as to form and substance.
ARTICLE 9
DESIGN PHASE SERVICES.
9.01 Standard of Care. All design services to be performed by DESIGNBUILDER and
its employees, agents and subcontractors shall be performed in an expeditious and professional
manner using architects, engineers and other professionals properly licensed and duly qualified
in the jurisdiction in which the Project is located. The professional obligations of such persons
shall be undertaken and performed in the interest of the DESIGNBUILDER. All design
services performed pursuant to this Agreement shall be provided with the standard of judgment,
care,knowledge and skill which prevails among design professionals engaged in practice within
Southern California under the same or similar circumstances,including the design and
construction of an improvement such as this Project in compliance with the CITY's requirements
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and performance criteria.Nothing in this article shall create, or be deeded to create, a
contractual relationship between such persons or entities and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within the
times set forth in the Project Schedule accepted by CITY,DESIGNBUILDER shall:
A. 'Consult with CITY to'discuss CITY's requirements for the Project and review,
available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports,data or services and assist CITY in obtaining such reports,
data, or services;
C. Identify and analyze requirements of governmental authorities having jurisdiction
over the Project in order to approve the portions of the Project designed or
specified by DESIGNBUILDER with whom consultation is to be undertaken in
connection with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of
Project components, outline the nature and structural exterior and three
dimensional scale of the Project and which shall fix and describe in detail the
configuration and character of the Project;
E. Upon approval of the Conceptual Plans,prepare Preliminary Design Documents
consisting of final design criteria,preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the
size, quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and thereafter review them with
CITY for approval within the time indicated in the approved Project Schedule.
DESIGNBUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary Design,
Documents DESIGNBUILDER shall:
A. -'On-the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent,and character of the
construction to be performed and furnished by DESIGNBBUILDER including
technical drawings, schedules, diagrams and specifications (which will be
prepared,where appropriate, in general conformance with the sixteen division
format of the Construction Specifications Institute) setting forth in sufficient
detail for the requirements for construction of the Work which shall provide
information customarily necessary for the use of those in building trades.
B. Provide technical criteria,written descriptions and design data required for
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obtaining approvals of such governmental authorities as have jurisdiction to
review or approve the final design of the Project,and assist CITY in consultations
with these approving governmental authorities.
C. Furnish the above documents, drawings and specifications to and review them
.with CITY for approval,within the time indicated in the approved Project.
Schedule. DESIGNBUIL.DER shall not proceed with the Construction Phase
unless and until it receives written authorization from CITY to'do so.
ARTICLE 10
CONSTRUCTION PHASE SERVICES
10.01 General.
A. Construction services shall be performed by DESIGNBUILDER and/or by qualified
and licensed contractors, subcontractors and suppliers who are selected,paid and
acting in the interest of the DESIGNBUILDER. DESIGNBUILDER shall provide
or cause to be provided and shall pay for design services, labor,materials, equipment,
tools, construction equipment and machinery,water,heat,utilities,transportation and
other facilities and services necessary for proper execution and completion of the
Work,whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
B. The DESIGNBUILDER shall be responsible for and shall coordinate all construction
means,methods,techniques, sequences and procedures.
C. The DESIGNBUILDER shall keep the CITY informed of the progress and quality of
the Work.
D. The DESIGNBUILDER shall keep the Project Site free from accumulation of waste
materials or rubbish caused by the DESIGNBUILDER's operations. At the
completion of construction of the Work,the DESIGNBUILDER shall remove from
and about the Project Site the DESIGNBUILDER's tools, construction equipment,
machinery, surplus materials,waste materials and rubbish.
. 10.02 Supervision and Superintendent of Construction..
A. DESIGNBUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to provide the construction in accordance with the Contract
Documents. DESIGNBUILDER shall be solely responsible to see that the
completed construction complies accurately with the Contract Documents and shall
keep CITY advised as to the quality and progress of the Work.
B. DESIGNBUILDER shall keep on the Site at all times during construction a
competent resident superintendent,who shall not be replaced without written notice
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any time,to.direct a change in the DESIGNBUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGNBUILDER's representative at the Project Site and
shall have authority to act on behalf of DESIGNBUILDER. All communications to
the superintendent shall be as binding as if given to DESIGNBUILDER.
10.03 Labor, Materials and Equipment.
A. DESIGNBUILDER shall provide competent, suitably qualified personnel to
survey and lay out the construction and perform construction as required by the
Contract Documents. DESIGNBUILDER shall at all times maintain good
discipline and order at the Site. Except as otherwise required for the safety or
+ protection of persons or the Work or property at the Site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,all construction at the
Site shall be performed during regular working hours, and DESIGNBUILDER
will not permit overtime work or the performance of construction of Saturday,
Sunday or any legal holiday without CITY's written consent,which will not be
unreasonably withheld.
B. Unless otherwise specified in the Contract Documents,DESIGNBUILDER shall
furnish or cause to be furnished and assume full responsibility for materials,
equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel,.power, light, heat,telephone, water, sanitary facilities, temporary
facilities and all.other facilities and incidentals necessary for the furnishing,
performance,testing, start-up and completion of the Work. DESIGNBUILDER,
in the presence of CITY's personnel;will direct the checkout of utilities and
operations of systems and equipment.
C. All materials,supplies and equipment incorporated into the Work shall be of good
quality and new, except as otherwise provided in the Contract Documents. All
warranties and guarantees specifically called for by the Contract Documents shall
expressly run and enure to the benefit of CITY. If required by CITY,
DESIGNBUILDER shall furnish satisfactory evidence(including reports of
required tests) as to the kind and quality of materials, supplies and equipment. All
materials, supplies and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions of the applicable.
supplier, except as otherwise provided in the Contract Documents. ."
ARTICLE 11
START-UP AND TESTING
11.01 During the start-up and testing phase,DESIGNBUILDER shall:
A. Provide assistance in connection with the start-up,testing,refining and adjusting
of any equipment or system.
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B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance-of and record keeping for the Project. .
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGNBUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGNBUILDER shall not be required to employ any subcontractor, engineer, supplier or
other individual or entity to furnish or perform any of the Work against whom
DESIGNBUILDER has reasonable objection.
12.02 DESIGNBUILDER shall be fully responsible to CITY for all acts and omissions
of the subcontractors, engineers, suppliers and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract with DESIGNBUILDER.
Nothing in the Contract Documents shall create for the benefit of any such subcontractor,
engineer, supplier or other individual or entity any contractual relationship between CITY and
any such subcontractor,engineer,supplier or other individual or entity,nor shall it create any
obligation on the part of CITY to pay any subcontractor, engineer, supplier or other individual or
entity except as may otherwise be required by laws and regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGNBUILDER. DESIGNBUILDER
shall require all subcontractors, engineers, suppliers and such other individuals and entities
performing or furnishing any of the Work to communicate with the CITY through
DESIGNBUILDER.
12.04 All services performed or provided to and all materials and equipment supplied to
DESIGNBUILDER by a subcontractor or supplier will be pursuant to an appropriate design
sub-agreement or construction sub-agreement between DESIGNBUILDER and the
subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or
supplier to the terms and conditions of the Contract Documents for the benefit of CITY.
Whenever any such agreement is with a subcontractor,engineer or supplier who is'listed as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGNBUILDER and the subcontractor,engineer or supplier will contain provisions whereby
the subcontractor, engineer or supplier waives all rights against CITY,DESIGNBUILDER,
CITY's consultants and all other additional insureds for all losses and damages caused by any of
the perils or causes of loss covered by such policies and any other property insurance applicable
to the Work. If the insurers on any such policies require separate waiver forms to be signed by
any subcontractor, engineer or supplier,DESIGNBUILDER will obtain the same.
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ARTICLE 13
BONDS
13.01 DESIGNBUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGNBUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of three (3) years after CITY's acceptance
thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or better
in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the proposed
surety must meet comparable standards of another rating service satisfactory to CITY. Bonds
issued by a surety listed in the latest version of the U.S. Department of Treasury Circular 570
shall be deemed to be acceptable unless specifically rejected by CITY. Bonds from sureties not
listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in
California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work to
be performed thereunder shall in any way affect its obligations and shall waive notice of any
such change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14
INDEMNIFICATION
14.01 To the fullest extent permitted by law, the DESIGNBUILDER hereby assumes
liability for and agrees to indemnify, defend and hold harmless, the CITY, its officers, officials,
agents, employees, and representatives (hereinafter referred to as "Indemnities") from and
against any and all claims, demands, defense costs, actions, suits, expenses of any kind
whatsoever, arising out of or encountered in connection with this Agreement or the prosecution
of the Work under it (including but not limited to errors or omissions in design or design-build
work for which DESIGNBUILDER and/or its subcontractor(s) are responsible), whether such
claims, demands, actions, suits or liabilities are caused by DESIGNBUILDER,
DESIGNBUILDER's subcontractors, agents or employees or products installed on the Project
by DESIGNBUILDER or its subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction. Such indemnification shall extend to all claims, demands,
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actions, suits, defense costs, or liabilities for injuries, death, or damages occurring after
completion of the Project as well as during the Work's progress. DESIGNBUILDER further
agrees that it shall, at its own cost, expense, and risk, defend Indemnitees in any and all claims,
demands, actions, suits, or other legal proceedings (including arbitration and mediation) which
may be brought or instituted against Indemnitees. CITY shall approve the defense counsel
selected by DESIGN/BUILDER to defend any such action, suit or legal proceeding; approval
shall not be unreasonably withheld.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees
may have under the law or under the Contract Documents. In the event of any claim or demand
made against any party which is entitled to be indemnified hereunder, the CITY may, in its sole
discretion, reserve, retain or apply any monies due to the DESIGNBUIL.DER under the
Agreement for the purpose of resolving such claims or demands; provided, however, that the
CITY may release such funds if the DESIGNBUILDER provides the CITY with reasonable
assurance of protection of the Indemnitees' interest concerning any such claim or demand. The
CITY shall in its sole discretion determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation Insurance.
A. Pursuant to California Labor Code section 1861, DESIGNBUILDER
acknowledges its awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation.
DESIGNBUILDER covenants that it will comply with such provisions prior to
commencing performance of the Work hereunder.
B. DESIGNBUILDER shall maintain workers compensation insurance in an amount
of not less than:
1. One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars (5250,000) bodily injury by disease,
aggregate policy limit.
C. DESIGNBUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees; and shall furnish
proof to CITY of such subcontractors' workers compensation insurance coverage
before any such subcontractor commences work on the Project.
DESIGNBUILDER shall furnish to CITY a certificate of waiver of subrogation
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under the terms of the workers compensation insurance and DESIGNBLJ LDER
shall similarly require all subcontractors to waive subrogation.
15.02 General Liability Insurance. DESIGNIBLJILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering
the PROJECT. Said policy shall indemnify DESIGNBUILDER, its officers, agents and
employees, while acting within the scope of their duties, against any and all claims arising out of
or in connection with the PROJECT, and shall provide coverage in not less than the following
amounts:
A. Combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, employees and agents as
Additional Insureds, and shall specifically provide that any other insurance coverage which may
be applicable to the Project shall be deemed excess coverage and that DESIGNBUILDER's
insurance shall be primary.
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15.03 Professional Liability Insurance. DESIGNBUILDER shall furnish a professional
liability insurance policy covering the design work required by the Contract Document. Said
policy shall provide coverage for Consultant's professional liability in an amount not less than
S 1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the
policy further provides that:
A. The policy's retroactive date coincides with or precedes the DESIGNBUILDER's
start of the Work (including subsequent policies purchased as renewals or
replacements).
B. DESIGN/BUILDER will make every effort to maintain similar insurance during
the required extended period of coverage following Project completion, including
the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGNBUILDER agrees to purchase
an extended reporting provision of at least two(2) years to report claims arising
from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing performance
pf the Work hereunder, DESIGNBUILDER shall furnish to CITY certificates of insurance,
subject to approval of the City Attorney, evidencing the foregoing insurance coverages required
by this Agreement; said certificates and endorsements shall:
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A. Name the CITY, its officers, employees and agents, as additional insureds with
the sole exception of professional liability insurance;
B. Provide the name, policy number and term of insurance coverage of each carrier
and policy;
C. State that the policy is currently in force; and
D. Promise that such policies shall not be suspended, voided or canceled by either
party, reduced in coverage or in limits except after thirty days prior written notice
to the CITY; however, ten days prior written notice in the event of cancellation
for nonpayment of premium.
15.05 DESIGNBUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The requirement
for carrying the foregoing insurance coverages shall not derogate from the provisions for
indemnification of CITY by DESIGNBUILDER under Article 14 of the Agreement. CITY or
its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGNBUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGNBBUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGNBUILDER
shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
and against all claims, costs, losses and damages (including bug not limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or
alleged infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process, product
or device not specified in the Contract Documents.
16.02 The DESIGNBUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code of the State of California), arising
from purchases of goods, services or materials pursuant to performance of the Work. This
assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGNBBUILDER, without further acknowledgement by the Parties.
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ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGNBMDER shall
directly or through one or more of its subcontractors obtain and pay for all necessary permits and
licenses. CITY shall assist DESIGNBUILDER, when necessary, in obtaining such permits and
licenses. DESIGNBUILDER shall pay all governmental charges and inspection fees necessary
for the prosecution of the construction, which are applicable on the last day for receipt of
proposals for the Project.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGNBBUILDER shall give all notices and comply with all laws and
-regulations of the place of the Project which are applicable to furnishing and performance of the
Work. Except where otherwise expressly required by applicable laws and regulations, CITY
shall not be responsible for monitoring DESIGNBUILDER's compliance with any laws or
regulations.
18.02 If DESIGNBUILDER performs any work knowing or having reason to know that
it is contrary to laws or regulations, DESIGNBUILDER shall bear all costs arising therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim as
provided for herein.
ARTICLE 19
TAXES
19.01 DESIGNBUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNBUIIDER in accordance with the laws and
regulations of the place of the Project which are applicable during the performance of the Work.
ARTICLE 20
USE OF SITE AND OTHER AREAS
20.01 DESIGNBUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGNBUILDER shall assume full
responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of
arly adjacent land or areas, resulting from the performance of the Work. DESIGNBUILDER
shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless CITY,
CITY's consultants and anyone directly or indirectly employed by any of them from and against
all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects,
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attorneys and other professionals and court and arbitration or other dispute resolution costs)
arising out of or resulting from any claim or action, legal or equitable, brought by any such CITY
or occupant against CITY, or any other party indemnified hereunder to the extent caused by or
based upon DESIGNBUILDER's performance of the construction.
20.02 During the performance of the construction, DESIGNBUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from the
construction. At the completion of the construction DESIGNBUILDER shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment, temporary construction and machinery and surplus materials.
DESIGNBUILDER shall leave the Site clean and ready for occupancy by CITY at substantial
completion. DESIGNBUILDER shall restore to original condition all property not designated
for alteration by the Contract Documents.
20.03 DESIGNBUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall DESIGNBUILDER
subject any part of the Work or adjacent property to stresses or pressures that will endanger or
damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGNBUILDER shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the construction.
DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Project Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in
storage on or off the Project Site; and
C. Other property at the Project Site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, utilities and underground facilities
not designated for removal, relocation or replacement in the course of
construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and
protection. DESIGN/BUILDER shall notify owners of adjacent property and of underground
facilities and utility owners when prosecution of the Work may affect them, and shall cooperate
With them in the protection, removal, relocation and replacement of their property. All damage,
injury or loss to any property caused, directly or indirectly, in whole or in part, by
DESIGNBUILDER, any subcontractor, supplier or any other individual or entity directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
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acts any of them may be liable, shall be remedied by DESIGNBUILDER.
DESIGNBUILDER's duties and responsibilities for safety and for protection of the Project Site
shall continue until such time as all the Work is completed and CITY has issued a notice to
DESIGNBUILDER in accordance with Section 6.06 that the work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
21.03 Safety Representative. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Project Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and programs.
ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGNBUILDER shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made
available to or exchanged between or among employers at the Site in accordance with all
applicable laws or regulations.
ARTICLE 23
EMERGENCIES
23.01 In case of emergencies affecting the safety or protection of persons or the
construction or property at the Project Site or adjacent thereto, DESIGNBUILDER, without
special instruction or authorization from CITY, is obligated to act to prevent threatened damage,
injury or loss. DESIGNBUILDER shall give CITY prompt written notice if
DESIGNBBUILDER believes that any significant changes in the construction or variations from
the Contract Documents have been caused thereby. If a change in the Contract Documents is
required because of the action taken by DESIGNBUILDER in response to such an emergency, a
work change directive or change order will be issued to document the consequences of such
action.
ARTICLE 24
SUBMITTALS
24.01 CITY will review and approve all submittals (as this term is defined in the RFP).
CITY's review and approval will be only to determine if the items covered by the submittals
will, after installation or incorporation into the construction, conform to the information given in
the Contract Documents and be compatible with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will
not extend to means, methods, techniques, sequences or procedures of construction (except
where a particular means, method, technique, sequence or procedure of construction is
specifically and expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item, as such, will not indicate
approval of the assembly in which the item functions or is installed. DESIGNBUILDER shall
make all corrections required by CITY, and shall return the required number of corrected copies
of the required submittal for review and approval. DESIGNBUILDER shall direct specific
attention in writing to revisions other than the corrections called for by CITY on previous
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submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGNBUILDER from responsibility for any variation from the requirements of the Contract
Documents unless DESIGNBUILDER has in writing called CITY's attention to each such
variation at the time of submission and CITY has given written approval of each such variation
by specific written notation incorporated into or accompanying the submittal.
ARTICLE 25
CONTINUING THE WORK
25.01 DESIGNBULLDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed
-pending resolution of any disputes or disagreements, except as DESIGNBUILDER and CITY
may otherwise agree in writing.
ARTICLE 26
DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE
26.01 DESIGNBUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub-subcontractors of
any tier, vendors and material suppliers) shall strictly comply with the provisions of the Contract
Documents, including all Drawings and Specifications, and that the Work shall be first-class in
every particular and free from defects in construction and workmanship. The
DESIGNBUILDER further guarantees that all materials, equipment and supplies furnished by
the DESIGNBUILDER or by its Subcontractors, sub-subcontractors of any tier, vendors or
material suppliers for the Work shall be new, of merchantable quality, and of the most suitable
kind and fit for their intended purposes. Work not conforming to these requirements, including
substitutions not properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DESIGNBUILDER shall jointly assign all its rights and interests in
warranties of vendors and material suppliers to the CITY upon Substantial Completion in a
fashion that meets the specifications of this Section.
26.02 DESIGNBUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will constitute
an acceptance of the Work that is not in accordance with the Contract Documents or a release of
DESIGNBUILDER's obligation to perform the Work in accordance with the Contract
Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a notification of Substantial Compliance;
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D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGNBUILDER's guarantees as set forth in this Article shall extent for a period
of twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Agreement. The CITY shall provide
all notices of defects in writing promptly after discovery of defective conditions. The
establishment of the time period of thirty-six (36) months after the Date of Final Completion or
such longer period of time as may be prescribed by law or by the terms of any longer warranty
required by the Contract Documents relates only to the specific obligation of the
DESIGNBUILDER to correct the work. Nothing contained in this Article shall be construed to
establish a period of limitation with respect to any other liabilities which the
DESIGNBUILDER remains subject to under the Contract Documents. Vendor and material
supplier warranties are to have duration periods as set forth in the Specifications, but in no event
less than the period specified under this Section 26.02.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in
the Work, in violation of the guarantees set forth above, arises within thirty-six (36) months after
the Date of Final Completion, the DESIGNBUILDER and its sureties shall, upon the receipt of
written notice of such defect and demand to correct any such defective Work, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective Work (unless a longer
period is agreed to in writing by the CITY), furnish and provide all design and engineering,
labor, equipment, materials and other services at the Project Site necessary to correct such defect
and cause the Work to comply fully with the foregoing guarantees. The determination of any
such defect shall be made by CITY and shall be based on conformance with the Contract
Documents. The DESIGNBUILDER is obligated to correct all such defects, whether these
defects are discovered before or after the Date of Final Completion, and whether or not the
defective Work has been fabricated, installed or completed. Access to building's interior for
corrective work shall be closely coordinated with the CITY so as not to conflict with scheduled
events taking place therein. The DESIGNBUILDER shall obtain approved "Dark Days" from
CITY prior to commencing corrective measures of defective work. The DESIGNBUMDER
shall bear all costs of correcting such rejected and defective Work, including access to the Work
and removal and replacement of non-defective Work which is needed in order to correct
defective Work, and also including compensation for the Architect's or CITY's Representative
additional services made necessary thereby.
26.04 In the event the DESIGN/BUILDER has been notified of any defect in the Work
in violation of the DESIGNBUILDER's foregoing guarantees, and in the event the
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DESIGNBUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects convected on behalf of the DESIGNBUILDER, and
the DESIGNBUILDER shall promptly pay the CITY its costs and expenses incurred in
correcting such defect.
26.05 The DESIGNBUILDER warrants that title to all Work, materials and equipment
covered by an Application for Payment will pass to the CITY, either by incorporation in the
Work or upon the receipt of payment of such work by the DESIGNBUILDER, whichever
occurs first, free and clear of all stop notices, claims, security interests or encumbrances. The
DESIGNBUILDER further warrants that no Work, materials, or equipment covered by an
Application for Payment, whether requested by the DESIGNBUILDER, or by any other person
performing Work at the Project Site or furnishing materials and equipment for the Project, be
subject to any stop notice or encumbrances thereon. The DESIGNBUILDER and its surety
hereby agree to indemnify, defend, and hold all indemnitees (as defined in Article 14 of this
Agreement) harmless from and against any and all costs, expenses including attorneys fees,
damages, claims, suits, or liabilities in any way arising out of stop notices relating to materials,
equipment or services provided the DESIGNBUILDER, by any subcontractor, sub-
subcontractor, material or equipment suppliers, vendors, employees, agents or representatives. It
is expressly understood that the DESIGNBUILDER's obligations in this respect begin
immediately at the time of any filing, claim, demand, correspondence or court proceeding and
without regard to a showing of DESIGNBUILDER's fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its separate
contractors resulting from the DESIGNBUILDER's correction or removal of Work which does
not conform with the requirements of the Contract Documents. However, the foregoing shall not
contravene potential recovery of such costs under insurance coverage afforded for any such loss
or damage under the Insurance terms of Article 15 of this Agreement.
26.07 The DESIGNBUILDER's warranty excludes damages or defects caused solely
by modifications not executed by the DESIGNBBUILDER, improper or insufficient maintenance,
improper operation by the CITY, or normal wear and tear under ordinary usage.
26.08 If the CITY prefers to accept defective or non-conforming Work, the CITY may
do so at its sole discretion instead of requiring removal and correction by the
DESIGNBUILDER. In any such cases, a Change Order will be issued to reflect a reduction in
the Contract Price where appropriate and equitable. In the event that the final payment has been
made or insufficient funds remain to permit offset by the CITY, the DESIGNBUILDER shall
make prompt payment to the CITY of the amounts so determined.
26.09 The DESIGN/BUILDER's guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), shall freely assignable by the CITY to assignees of its choosing
without DESIGNBUILDER's prior consent. The DESIGNBMDER hereby agrees to honor
the Article 26 Warranties to such Assignees. Upon assignment of the CITY's warranty rights,
the Assignee shall promptly notify the DESIGNBUILDER, in writing, of all discovered defects
or defective conditions; and DESIGNBUILDER shall then comply with its obligations under
this Article 26 and direct its performance to such Assignee. In no event shall the CITY's
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assignment of its warranty rights alter the scope of the warranty period of DESIGNBUILDER's
Article 26 Warranties.
ARTICLE 27
PREVAILING WAGE
27.01 DESIGNBUILDER shall pay at least the minimum prevailing per diem wages as
provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CHANGES IN THE WORK AND CLAIMS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGNBUILDER will undertake such work only after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained, in accordance with Section 3 of the Standard Specifications for
Public Works Construction (SSPWC), and as specified herein..
28.02 DESIGNBUILDER shall adhere strictly to the plans and specifications set forth
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGNBUILDER agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the CITY may require in writing. Under no
condition shall DESIGNBUILDER make any changes without the prior written order of the
CITY, and CITY shall not pay any extra charges made by DESIGNBUILDER that have not
been agreed to in writing by the CITY.
28.03 When directed to change the work, DESIGNBLUDER shall immediately submit
to the CITY a written Cost Proposal reflecting the effects of the change. Should the CITY agree
to such a Cost Proposal, the Work shall be performed according to the changes ordered in
writing by the CITY and the proper cost thereof shall be negotiated by the Parties upon cost and
pricing data submitted by the DESIGNBUELDER; thereupon, CITY will promptly issue an
adjusted change order to DESIGNBUILDER and the Contract Price and/or Contract Time will
be adjusted upward or downward accordingly.
28.04 The DESIGNBUILDER, as the initiating party, may submit one or more claims
in the form of Change Proposals for any requested adjustment in the Contract Price or Contract
Time pursuant to the provisions of this Agreement. In such case, the DESIGNBUILDER shall
give the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of time
after receipt of the claim to either confirm or refute the basis for the Change Proposal. Failure to
give the notice required by this section shall be deemed a waiver of the claim.
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ARTICLE 29
TESTS AND INSPECTIONS CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge shall be given to DESIGNBUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests shall have access to the construction at the Project Site at reasonable times
for their observation, inspection and testing. DESIGNBUILDER shall provide such persons or
entities proper and safe conditions for such access and advise them of DESIGNBUILDER's site
safety procedures and programs so that they may adhere to them.
29.03 Tests And Inspections.
A. If laws or regulations of any public body having jurisdiction require that any part
of the Work to be inspected, tested or approved, DESIGNBUILDER shall
assume full responsibility for arranging and obtaining such inspections, tests or
approvals, pay all costs in connection therewith and furnish CITY the required
certificates of inspection or approvals unless otherwise indicated in the Contract
Documents. DESIGN/BUILDER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approvals required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior to DESIGNBUILDER's purchase thereof for
incorporation in the construction unless otherwise indicated in the Contract
Documents.
B. DESIGNBUILDER shall give CITY reasonable prior notice of the planned
schedule for all required inspections, tests or approvals.
29.04 Covered Construction. If any construction (or the construction work of others)
that is required to be inspected, tested or approved is covered by DESIGNBUILDER without
written concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGNBUILDER's expense unless DESIGNBUILDER has given CITY
timely notice of DESIGNBUILDER's intention to cover the same and CITY has not acted with
reasonable promptness in response to such notice.
29.05 Uncovering Construction.
A. If any construction is covered contrary to the written request of CITY or without
inspection, it must, if requested by CITY, be uncovered for CITY's observation
and at DESIGNBUILDER's expense.
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B. If CITY considers it necessary or advisable that covered construction be observed
by CITY or inspected or tested by others, DESIGNBUILDER, at CITY's request,
shall uncover, expose or otherwise make available for observation, inspection or
testing as CITY may require, that portion of the construction in question. If it is
found that such construction is defective, DESIGNBUILDER shall pay all costs
and damages caused by or resulting from such uncovering, exposure, observation,
inspection and testing and of satisfactory replacement or rework, (including but
not limited to all fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others); and CITY shall be entitled to an
appropriate decrease in the Contract Price. If the parties are unable to agree as to
the amount thereof, may make a claim therefor as proved herein. If, however,
such construction is not found to be defective, DESIGNBUILDER shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or
milestones), directly attributable to such uncovering, exposure, observation,
inspection, testing, replacement and rework; and, if the Parties are unable to agree
as to the amount or extent thereof, DESIGNBUILDER may make a claim as
provided in Section 28.04 of this Agreement.
29.06 City May Stop the Construction. If the construction is defective, or
DESIGNBUILDER fails to supply sufficient skilled workers or suitable materials or equipment,
or fails to furnish or perform the construction in such a way that the completed construction will
conform to the Contract Documents, CITY may order DESIGNBUILDER to stop construction
on all or any portion of the work, until the cause for such order has been eliminated. However,
this right of CITY to stop construction shall not give rise to any duty on the part of CITY to
exercise this right for the benefit of DESIGNBUILDER or any other party.
29.07 Correction Or Removal Of Defective Construction. CITY will have authority to
disapprove or reject defective construction and will have authority to require special inspection
or testing of the construction whether or not the construction is fabricated, installed or
completed. If required by CITY, DESIGNBUILDER shall promptly, as directed, either correct
all defective construction whether or not fabricated, installed or completed, or, if the construction
has been rejected by CITY, shall remove it from the Project Site and replace it with nondefective
construction. DESIGNBUILDER shall bear all direct, indirect and consequential costs of such
convection or removal (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals) made necessary thereby.
29.08 Correction Period.
A. If, within three years after the date of Substantial Completion or such longer
period of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGNBUELDER shall promptly, without cost to CITY and in
accordance with CITY's written instructions, (1) correct such defective
construction, or if it has been rejected by CITY, remove it from the Project Site
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and replace it with construction that is not defective, and (ii) satisfactorily correct
or remove and replace any damage to other construction or the Work. If
DESIGNBUILDER does not promptly comply with the terms of such instruction,
or in an emergency where delay would cause serious risk of loss or damage,
CITY may have the defective construction corrected or the rejected construction
removed and replaced, and all costs and damages caused by or resulting from
such removal and replacement (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals, all court or arbitration or
other dispute resolution costs, and all costs of repair or replacement of work of
others), will be paid by DESIGNBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so provided
in the Contract Documents or by written change order.
C. Where defective work (and damage to other construction resulting therefrom) has
been corrected, removed or replaced under this Section 29.08, the correction
period hereunder with respect to such construction will be extended for an
additional period of one year after such correction or removal and replacement
has been satisfactorily completed.
29.09 Acceptance of Defective Construction. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do so.
DESIGNBUILDER shall pay all costs attributable to CITY's evaluation of and determination to
accept such defective construction (such costs to include but not be limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration or
other dispute resolution costs). If any such acceptance occurs prior to final payment, a change
order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the defective construction; and CITY shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, CITY may make a
claim therefor as provided herein. If the acceptance occurs after final payment, an appropriate
amount will be paid by DESIGN/BUILDER to CITY.
29.10 City May Correct Defective Construction. If DESIGNBUILDER fails within a
reasonable time after written notice from CITY to correct defective construction or to remove
and replace rejected construction as required by CITY or if DESIGNBUILDER fails to perform
the construction in accordance with the Contract Documents, or if DESIGNBUILDER fails to
comply with any other provision of the Contract Documents, CITY may, after seven (7) days
written notice to DESIGN/BUILDER, correct and remedy any such deficiency. In exercising the
rights and remedies under this Section, CITY shall proceed expeditiously. In connection with
such corrective and remedial action, CITY may exclude DESIGNBUILDER from all or part of
tke Project Site, take possession of all or part of the construction, and Project Site, and suspend
DESIGNBUILDER's services related thereto, take possession of DESIGNBUILDER's tools,
appliances, construction equipment and machinery at the Project Site and incorporate into the
construction all materials and equipment stored at the Project Site or for which CITY has paid
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DESIGNBUILDER but which are stored elsewhere. DESIGNBUILDER shall allow CITY,
CITY's representative, agents and employees, CITY's other contractors and consultants access
to the site to enable CITY to exercise the rights and remedies under this Section. All costs and
damages incurred or sustained by CITY in exercising such rights and remedies shall be charged
against DESIGNBUILDER and a change order will be issued incorporating the necessary
revisions in the Contract Documents and CITY shall be entitled to an appropriate decrease in the
contract price, and, if the parties are unable to agree as to the amount thereof, CITY may make a
claim therefor as provided herein. Such costs and damages will include but not be limited to all
fees and charges of engineers, architects, attorneys and other professionals, all court or
arbitration or other dispute resolution costs and al costs of repair or replacement of work of
others destroyed or damaged by correct, removal or replacement of DESIGNBUILDER's
defective construction. DESIGNBUILDER shall not be allowed an extension of the contract
times (or milestones) because of any delay in the performance of the construction attributable to
the exercise by CITY of CITY's rights and remedies hereunder.
29.11 Final Inspection. Upon written notice from DESIGNBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGNBUILDER and will notify DESIGNBUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGNBUILDER
shall immediately take such measures as are necessary to complete such construction or remedy
such deficiencies.
ARTICLE 30
INDEPENDENT DESIGNBUILDER
30.01 DESIGNBUILDER is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. DESIGNBUILDER shall secure at its expense, and be
responsible for any and all payment of all taxes, social security benefits, state disability insurance
compensation, unemployment compensation and other payroll deductions for
DESIGNBUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed under this Agreement.
ARTICLE 31
TERMINATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGNBUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, with 72 hours notice of which shall be delivered to
DESIGNBU LDER as provided in Article 36 of this Agreement.
31.02 In the event of termination for convenience, the DESIGNBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGNBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
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terminate the performance of the Work. If the DESIGNBUILDER fails to correct the failure of
performance within seven (7) calendar days after being given notice, the CITY may, without
prejudice to any other remedy, correct such deficiencies and may deduct the cost thereof from
any payment due the DESIGNBBUILDER or, at the CITY's option, may terminate the
employment of the DESIGNBUILDER and take possession of the site and of all materials
located on the site as well as all drawings, plans and specifications and finish the Work by
whatever means the CITY may deem expedient. When the CITY terminates the
DESIGNBUELDER for default as provided for herein, the DESIGNBUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGNBUILDER and its surety
shall pay the difference to the CITY, within the time period contained in CITY's written demand
for payment.
ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through litigation in the Superior Court of the State of California. Venue for any such litigation
concerning this Agreement shall be the County of Orange. The Parties hereby consent to the
jurisdiction of such court and expressly waive all rights they may have to a change of venue
including, but not limited to, the provisions, of California Code of Civil Procedure Section 394.
DESIGNBUILDER agrees to incorporate the provisions of this Article into all subagreements
and subcontracts and to obtain express waivers from all subcontractors and subconsultants of
their rights concerning a change of venue from the Superior Court of the County of Orange.
ARTICLE 33
ASSIGNMENT AND SUBCONTRACTING
33.01 DESIGNBUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY.
ARTICLE 34
COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or material
utilized or used in constructing the work or produced as a result of any terms of this Agreement.
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS
35.01 DESIGNBUILDER shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of CITY
shall have any financial interest in this Agreement in violation of applicable provisions of law.
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ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGNBUILDER's agent (as
designated in Section 1 hereinabove) or to CITY's Director of as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO DESIGNBULDER:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
ARTICLE 37
CAPTIONS
37.01 Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
IMMIGRATION
38.01 DESIGN/BUILDER shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGNBUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGNBUILDER understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGNBUILDER.
ARTICLE 40
ATTORNEY'S FEES
40.01 In the event suit is brought by either party to enforce, interpret and/or construe the
terms and provisions of this Agreement or to secure the performance thereof, each party shall
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bear its own attorney's fees, court costs and expenses (including the expenses of arbitration or
mediation).
ARTICLE 41
SEVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents shall be
deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction or any other
governmental agency of competent jurisdiction, such provision shall be deemed to be severed and
deleted from the Contract Documents, and this Agreement, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted herein and the Contract Documents shall be read and
enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
DESIGNBUILDER: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
By: California
print name
ITS: (circle one) Chairman/President/Vice President -.1ftH T
a
L-x--F
AND
ATTEST:
By:
print name City Clerk
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary—Treasurer APPROVED AS TO FORM:
License Number: ", A 17T
0
Expiration Date:
INITIATED AND APPROVED:
REVIEWED AND APPROVED:
City Administrator
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DESIGNBUILD AGREEMENT
SAMPLE
TABLE OF CONTENTS
Page(s)
ARTICLE1 WORK STATEMENT............................................................................................ 1
ARTICLE 2 CONTRACT DOCUMENTS ................................................................................. 2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES ................................................. 3
ARTICLE 4 TIME OF PERFORMANCE .................................................................................. 3
-ARTICLE 5 CONTRACT PRICE............................................................................................... 5
ARTICLE 6 PAYMENT AND COMPLETION......................................................................... 5
ARTICLE 7 PROJECT DOCUMENTS...................................................................................... 8
ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES............ 9
ARTICLE 9 DESIGN PHASE SERVICES .............................................................................. 11
ARTICLE 10 CONSTRUCTION PHASE SERVICES .............................................................. 13
ARTICLE 11 OPERATIONAL PHASE.................. ERROR! BOOKMARK NOT DEFINED.
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS......................................... 15
ARTICLE13 BONDS................................................................................................................. 16
ARTICLE 14 INDEMNIFICATION........................................................................................... 16
ARTICLE15 INSURANCE........................................................................................................ 17
ARTICLE 16 PATENT FEES AND ROYALTIES.................................................................... 19
ARTICLE17 PERMITS.............................................................................................................. 20
ARTICLE 18 LAWS AND REGULATIONS............................................................................. 20
ARTICLE19 TAXES.................................................................................................................. 20
ARTICLE 20 USE OF SITE AND OTHER AREAS ................................................................. 20
ARTICLE 21 SAFETY AND PROTECTION............................................................................ 21
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS................................................... 22
i
ARTICLE23 EMERGENCIES...................................................................................................22
ARTICLE24 SUBMITTALS...................................................................................................... 22
ARTICLE 25 CONTINUING THE WORK................................................................................ 23
ARTICLE 26 DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE...........23
ARTICLE 27 PREVAILNG WAGE...........................................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS....................................................... 26
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION, REMOVAL ..............................27
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGNIBUILDER................................................................. 30
ARTICLE 31 TERMINATION OF AGREEMENT................................................................... 30
ARTICLE 32 DISPUTE RESOLUTION.................................................................................... 31
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING...................................................... 31
ARTICLE 34 COPYRIGHTS/PATENTS................................................................................... 31
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS.............................................................. 31
ARTICLE36 NOTICES.............................................................................................................. 32
ARTICLE37 CAPTIONS........................................................................................................... 32
ARTICLE38 IMMIGRATION................................................................................................... 32
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ............................... 32
ARTICLE40 ATTORNEY'S FEES ........................................................................................... 32
ARTICLE41 SEVERABILITY.................................................................................................. 33
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED ............................. 33
ii
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT C
Sample Insurance Certificate
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUES AS A MATTER OF INFORIMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
Insured's Name and Address: Companies Affording Coverage
COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURF10 NAMED ABOVE FOR THE POLICY PERI00
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TE;L%4 OR CONOmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO YAIICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONOmONS OF
SUCH POLICES.
��P o �eoucr *��E
POOLIC: s.._INSUFAN. ,;p1UMeE_ C:DA. EXPIR.4DA� -,�" - EFS r•�'
GENERAL LIABILITY General Aggregate — S
( ] Comml.Gen.UabTMty Products-ComlOps Agg. $
( ] Claims Made Personal&Adv.Injury $
( ] Occurrence Each Occurrence S
[ ] Owner's&Contractors
Fire Damage(any one Are)
Protective S
[ ] Contractual Liability Other
5
AUTO LIABILITY Combined Single Limit 5
E ] Any Automobile
( [ ] All owned autos Bodily Injury(per person)
( ] Scheduled autos S
( ] Hired autos Bodily Injury(per accident
[ ] Nan-owned autos S
[ ] Garage liability
Property Damage
[ 1 $
EXCESS LIABILITY
[ ] Umbrella Form Each Occurrence
( ] Other than Umbrella Form Aggregate
WORKERS' Statutory Umits:
COMPENSATION Each Accident 5
AND EMPLOYERS' Disease-Poncy Limit 5
LIABILITY Disease-Each Employee 5
OTHER:
Description of Operations/LocadonsNehicies/Restrictions/Special Items:
Certificate Holder. CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE- THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
AUTHORIZED REPRESENTATIVE Date
DOC. #248880
ATTACHED TO AND FORMING PART OF CERTIFICATE OF INSURANCE
NO.-
CON2VVIERCIAL GENERAL LIABILITY SECTION POLICY NO.
It is hereby understood and agreed the City of Huntington Beach, its agents, officers, and employees are
added as an additional insured under this policy but only insofar as their legal liability arises out of the
operations of the Named Insuied.
DATED:
Authorized Representative
A4
HUNTINGTON BEACH 2O00 Main Street California 92648
Insurance Re uirements — Consultant/Contractual Services
City Ordinance 07-20 requires that licensees, lessees and vendors have an approved Certificate of
Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract.
Receipt of an insurance certificate does not satisfy our insurance requirements which vary for private
or public property and for contract purposes or encroachment permits as well as consultant services.
Consultant Services.---Professional Liability Insurance Certificate is required (i.e., Legal,
architectural, etc.) in addition to a General Liability Insurance Certificate and Workers'
Compensation Insurance Certificate.
Professional Liability Insurance Certificate of $ 1 ,000,000 as applicable (i.e., consultant
services, etc.)
The additionally insured endorsement is required for contract purposes.
Type of coverage "Claims Made" designation is acceptable for professional or pollution liability
insurance.
i General Liability Insurance Certificate of z$ 1 ,000,000 combined single limit/per occurrence
Additional Insured Endorsement must name the City of Huntington Beach, its agents, officers and
employees as additionally insured and, when applicable, the Redevelopment Agency of the City of
Huntington Beach must also be additionally insured.
l Insured definition must read as the insured is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work" for
that insured by or for you. (It is not to read, "...but only with respect to liability arisincg out of
your ongoing operations performed for that insured.)
Type of coverage must be "per occurrence" not "claims made,". "Claims made" designation is only
acceptable for professional or pollution liability insurance.
A brief description of work and/or nature of business and if applicable, the related City department
while not necessary, it is highly desirable.
> Workers' Compensation Insurance Certificate of statutory amount and
If you have no employees, you must sign a Declaration of Non-employee Status form available from
the Risk Management Department. In lieu of a certificate of insurance, a certificate of Consent to
Self-Insure issued by the California Director of Industrial Relations is also acceptable.
In addition to the above, ALL CERTIFICATES MUST CONTAIN THE FOLLOWING:
Insurance Carrier Rating.—Insurance must be placed with a California-admitted carrier with a current
A.M. Best Rating of >_ A: VI
Certificate Holder.--The City of Huntington Beach (2000 Main Street, Huntington Beach, CA
92G48, Attn: Risk Management).
Deductible, Self-Insurance Retention (SIR),--There 15 no acceptable deductible/SIR and all
deductibles and/or SIRS must be listed on the certificate. If the ded1Jct1ble1SIR is to remain in force,
the only alternative is to request a waiver of the zero requirement (see Waiver Procedure
below).
HUNTINGTONBEACH 2O00 Main Street California 92648
30-day Cancellation Notice.--There must be a thirty (30) day notice for policy cancellation. A ten
(1 0) day notice for cancellation for non payment of premiums and/or salary reporting 15 allowed in
combination with the reciuired 30-day notice except for Public Works contracts.
Cancellation Clause Wording.--The followincg wording must either be removed or lined-out (by the
insurance agent) if they appear on the certificate: "endeavor to" and "failure to mail such notice
shall impose no obligation nor liability of any kind upon the company, its agents or
representatives.
Waiver Procedure.—In lieu of meeting the City's insurance requirements, a permitee can request a
waiver of a specific recfulrement which recfuires a brief description of the work, the dollar amount of
the work/contract and the timeframe involved. Waiver process is dollar driven as follows:
$ 1 - $ 1 0,000 Completed waiver application form and approval of both the Risk Manager
and the City Attorney.
$ 10,00 1 — $24,909 Completed waiver application form and approval of the Settlement
Committee (meets on a weekly basis).
$25,000` Completed waiver application form, an approval recommendation by the
Settlement Committee and City Council approval (meets first Tuesday
monthly, items must be agendized by the prior Thursday).
Acgain, please forward this notice to your insurance agent. For assistance, call Christi Mendoza
(714/536-5252).
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT D
Proposal Forms
PROPOSAL
for
Peck Reservoir Expansion Project
Design-Builder
CONSTRUCTION CONTRACT No. 1102
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
The undersigned hereby proposes and agrees to perform all the Design-Build work therein
described, and to furnish all professional services, labor, material, equipment and incident
insurance necessary therefor, in accordance with the Sample Agreement, Request for Proposals,
Design Criteria and Performance Requirements, and References to complete the project. The
undersigned agrees to perform the work therein to the satisfaction of the Department of Public
Works of the City of Huntington Beach, as AGENCY, and to enter into a contract at the
following prices. The undersigned agrees to complete the work within 840 calendar days,
starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, RFP,
Sample Agreement, Design Criteria and Performance Requirements, and all other contract
documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with
AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER
understands that failure to enter into a contract in the manner and time prescribed will result in
forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of one hundred fifty days
from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject
all bids. In the case of discrepancies in the amounts bid,unit prices shall govern over extended
amounts, and words shall govern over figures.
D-1
SCHEDULE FOR
DESIGN-BUILD COST PROPOSAL
Item Description Amount
1. For planning, providing preliminary and final
design, furnishing, installing, erecting,
constructing, starting up and testing
of the entire 9 million gallon reservoir and
appurtenant facilities known as the Peck
Reservoir Expansion Project and providing
a three(3)year warranty bond all for the lump
sum
BID
Dollars $
(words) (figures)
2. Providing optional extended five(5) year
Warranty for the lump sum
BID
Dollars $
(words) (figures)
D-2
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says that he or she is
of the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation;that the bid is genuine
and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract;that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
C_ to any member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder
Signature of Bidder
Address of Bidder
Subscribed and sworn to before me this day of , 200—
NOTARY PUBLIC
NOTARY SEAL
D-3
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,
the proceeds of the security accompanying this bid shall become the property of the AGENCY
and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and
void.
Accompanying this proposal of bid, find in the amount of$ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the
Request for Proposals, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Adde... �Yo::> ::_>a Date Received: : ::::>>:::>::::::»>:::::::::::::: 8rddenas'c
D-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the PECK RESERVOIR EXPANSION PROJECT CC-1102, (1)(we)(it)
will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to
any electrical secondary or transmission facilities. The term "Qualified Person" is defined in
Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, isfamiliar with the
operation to he performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements,Public Utility Commission orders,
and State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Design-Build Contractor
By
Title
Date:
D-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes ❑ No
If the answer is yes, explain the circumstances in the space provided.
C
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
D-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Contractor
By
Title
Date:
D-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be
issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
D-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder Name
Business Address
City, State Zip
Telephone Number
State Contractor's License No. and Class
Original Date Issued
( Expiration Date
The work site was inspected by of our office on , 200_
The following are persons, firms, and corporations having a principal interest in this proposal:
i
D-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the Design-Build contract for the proposed work and
improvements in accordance with the Agreement set forth.
Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and sworn to before me this_day of , 200_.
NOTARY PUBLIC
NOTARY SEAL
D-10
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT E
Reference Documents
Table of Contents
Documents and Drawings
Title of Document Date
AutoCAD Standard Manual for Consultants -
Best Management Practices For New Development Including Non-residential Construction Projects Sep-93
Black&Veatch Report January 20,2000
Environmental Engineering Concrete Structures ACI 350R-89 Sep-98
Feasability Level Geotechnical Investigation For Peck Resevoir Expansion September 4,1996
Geotechnical Investigation For Peck Resevoir Expansion August 13,1999
Maintenance Work Traffic Control Manual December-97
McDonald Centre Business Park October 6,1996
Peck Reservior&Pumping Station Renovation-Control Documents October 12,1993
Phase II Environmental Assessment Report For Peck Resevoir Expansion August 10,1998
Planning Division Instructions for Completing Environmental Assessment Form -
Planning Division Instructions for Completing Environmental Assessment Form Site Plan Study For The Peck Resevoir Expansion August-97
Specifications&Special Provisions For The Construction of the Aldrich R.Peck Memorial Municipal Resevoir 1965
Standard Plans Public Works March 21,1994
Water Division Standards Jul-99
Title of Drawings Pages
City of H.B.Misc.Piping For Sprindale St.Resevoir 4
Construction Drawings For The Peck Resevoir Pumping Station Renovation 38
Construction Drawings For The Rehabilitation of Peck Resevoir 12
Construction Plans for the Aldrich R.Peck Resevoir(Spingdale St.) 21
Operation Facilities For H.B.Well#4 1
Peck Reservoir Expansion Project Preliminary Layout 1
Record of Survey 1
Resevoir Soil Boring 6
Topographic Survey Peck Resevoir Topo 1
Vulcan Pipe and Engineering Company 24
Water&Storm Drain Improvement Plans Sky Lab Corporate Center 2
Water Well No.7 1
Water Well No.7 General Plan 1
Water Well No.7 Overall Building Layout&Plot Plan 1
Well No.4 Pumping Station Electrical Details CC 431 1
ATTACHMENT #2
i
RESOLUTION NO.99-101
A RESOLUTIO\= OF THE CITY COUNCIL OF THE CITY OF HUNTIi\TGTON
BEACH AUTHORIZING USING THE DESIGN-BUILD PROCESS FOR THE PECK
RESERVOIR EXPANSION PROJECT
WHEREAS.the use of DESIGN-BUILD methodologies have been shown to
materially decrease the cost of construction,minimize change orders, accelerate
completion, and improve project delivery; and
The process allows the financial risk between design and construction to be
shifted to the contracting entity,which creates added claim protection for the City; and
The City of Huntington Beach desires to obtain the best value for public
works projects; and
The State of California, through the Public Contract Code,has allowed the use
of DESIGN-BUILD construction under certain prescribed conditions; and
The Cite Charter Section 614 authorizes City Council to create an exception to
the public bidding process for projects for the extension,replacement or expansion of .
the transmission or distribution system of any existing utility operated by the City; and
The Peck Reservoir Expansion Project(Project)is a part of the overall Water
System Master Plan to provide emergency storage that is now lacking, and will provide
additional operating storage to enhance operational flexibility.
NOW THEREFORE,BE IT RESOLVED that the City Council of the City of
Huntington Beach does hereby approve the use of the DESIGN-BUILD process for the
Project and authorizes the Director of Public Works to pursue design and construction
of the Project utilizing a single entity,meaning a partnership, corporation,joint venture,
or other legal entity that is able to provide appropriately licensed contracting,
architectural,and engineering services,as needed;and
BE IT FURTHER RESOLVED,that the City Council of the City of
Huntington Beach authorizes the Director of Public Works to develop the program
setting forth the scope of the project; its desired characteristics;performance
specifications for the materials, equipment,quality and workmanship; and.other
attributes deemed necessary; and
The Public Works Department will develop the technical criteria and
methodology including price,to evaluate DESIGN-BUILD proposals utilizing pre-
qualification and short-listing of potential proposers to limit the field to three (3) to five
(5) of the most qualified DESIGN-BUILD entities;and
Z
Res.99-10
The selection will be based on a competitive negotiation process considering the design
approach, experience and track record; life cycle cost of proposed project, quality,project
features and operating functions; and maintenance considerations to determine the best value and
final selection. As a minimum, the DESIGN-BUILD entity shall:
a. Possess all required licenses, registrations, and credentials in good standing that are
required to design and construct the project.
b. Submit evidence that establishes the DESIGN-BUILD entity members have completed
projects of similar size, scope or complexity, and that proposed key personnel have
sufficient experience and training to competently manage and complete the design and
construction of the project.
C. Submit a proposed project management plan that establishes that the DESIGN-BUILD
entity has the experience, competence, and capacity needed to effectively complete the
project.
d. Submit evidence that establishes the DESIGN-BUILD entity has the capacity to obtain all
required payment and performance bonds, liability insurance, and errors and omissions .
insurance, as well as a financial statement that assures the City the DESIGN-BUILD
entity has the capacity to complete the project.
e. Submit information and a declaration providing details concerning at least the following:
• Any construction or design claim or litigation totaling more than S500,000 or
5 percent of the annual value of work performed in the past five (5)years.
Serious violations of the Occupation Safety and Health Act, as provided in
Part 1 Division 5 of the Labor Code,settled or filed against any member of the
Design-Build entity.
Violations of federal or state law, including,but not limited to,those laws
governing the payment of wages,benefits, or personal income tax withholding
or a Federal Insurance Contribution Act (FICA)withholding requirements,
State Disability Insurance withholding or Unemployment Insurance payment
requirements;settled or filed against any member of the Design-Build entity
over the past five (5) years.
• Information required by Section 10162 of the Public Contracts Code.
2
i
Res. 99-
i
• Violation of the Contractor State License Law(Chapter 9)
commencing with Section 7000 (a Division 3 of the Business and
Professions Code),excluding alleged violations or complaints.
• Any criminal conviction or finding of liability or settlement in a civil
action involving any member of the Design-Build entity of submitting ..
a false, fraudulent claim to a public agency over the past five (5)years. .
• A declaration that the Design-Build entity will comply with all other
provisions of law applicable to the project.
The City Council of the City of Huntington Beach recognizes that because a
DESIGN-BUILD contract will be awarded prior to the completion of a design, it is
impractical for the DESIGN-BUILD entity to list all subcontractors at the time of the
award.
BE IT FURTHER RESOLVED THAT THE City Council of the City of
Huntington Beach requires DESIGN-BUILD proposers to identify the types of
subcontractors, or subcontractor license classifications deemed essential for proper
completion of the project. All subcontracts or subcontractors not identified in the
proposal shall be selected by the entity based on a competitive bid procedure as set
forth by the department in the DESIGN-BUILD package that maintains protection for
subcontractors;and
Any DESIGN-BUILD entity that is selected to design and build the project
shall possess or obtain sufficient bonding as required by law. Nothing in this resolution
shall prohibit a general or engineering contractor from being designated as lead entity
for the purposes of purchasing necessary bonding to cover the activities of the
DESIGN-BUILD entity.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 15th xFe 1N v�em , 1999.
ATTEST Mayor
Lim
City Clerk APPROVED AS TO FORM:
REVIEWED AND APPROVED: �1. City Attorney
.� INITIATED AND APPROVED: �S7
Ci Administrator
.(W/_-?#10 r C_
Director of Public Works
3
Res. No. 99-101
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at a
regular meeting thereof held on the 15th day of November, 1999 by the following
vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
.City Council of the City of Huntington
Beach, California
ATTACHMENT #3
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PROPOSED r NIN 3 PECK PESE2VOIQ
O
EXPANSION SITE
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W
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LOCATION MAP
JJ
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
EXISTING RESIDENTIAL TRACT
RAILROAD
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EXISTING PECK RESERVOIR Na7aENwooD oRivr
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FUTURE WELL SrAWV
SITET
Li
PROPOSED RESERVOIR
EXPANSION SITE
EXIS77NG INDUSTRIAL/OFFICE SITE EXISTING
RESIDENTIAL
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EXISTING INDUSTRIAL/OFFICE SITE Q-
9 Uj
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EXISTING INDUSTRIAL SITE ca
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SITE MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
.....................
---- - ------ ....... ................4.......................................... ...... ........ ........................
RCA , ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Request for Design Build Proposals for
Peck Reservoir Expansion Project (Springdale Reservoir)
COUNCIL MEETING DATE: August 21, 2000
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by CityAttomey) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING:ATTACHMENTS
Reference Documents not included because of large paper volume.
REVIEWED L RETURNED ' FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
r,
CITY OF HUNTINGTON BEACH
i
PUBLIC WORKS ENGINEERING DIVISION
R E Q U E S T FOR PROPOSALS
for
Peck Reservoir Expansion Project
Design-Builder
t CC No. 1102
September 6, 2000
r PROPOSAL SUBMITTALS: Responses to the Request for Proposal (Proposal) are to be
submitted to:
Office of the City Clerk
Second Floor
�- City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on November 13, 2000. Four copies of the Proposal shall be
submitted in a sealed envelope and marked: "Proposal for Peck Reservoir Expansion."
Proposals received after the specified time will not be accepted and will be returned
I- unopened. Proposal Bids will be publicly opened in the City Council chambers,
unless otherwise posted. A mandatory pre-proposal meeting will be held at the Water
Operations conference room located at 19001 Huntington Street at 2:00 P.M. on
September 20, 2000.
INDEX
SECTION PAGE
1. Introduction 2
11. Project Description 2
Ill. Schedule of Events 3
IV. Instructions for Proposers 4
V. Proposal Submittal 4
vi. Proposal Evaluation and Award of Contract 6
vll. Payment 7
vin. General Requirements 9
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
INDEX Cont'd.
(7 SECTION PAGE
ix. Proposal Submittal Conditions 10
X. Attachments 11
I. INTRODUCTION
The City of Huntington Beach (City) is requesting Proposals from pre-qualified and short-
listed Design-Build teams with previous experience on similar reservoir projects. As a
recipient of this Request for Proposals (RFP)your team was evaluated and selected from
our Request for Qualifications dated January 24, 2000. Out of seven submittals only three
teams were pre-qualified and short-listed to submit Proposals.
1
Subject to the terms and conditions set out herein,Proposers shall perform all necessary
activities, including, but not limited to,geotechnical,laboratory and field testing, and other
necessary investigations to develop a detailed cost and performance Proposal for the design and
construction of the Peck Reservoir Expansion Project, CC No. 1102(Project). The City will not
be responsible for any costs incurred in the research, testing,preparation, production, or
submittal of your Proposal;whether or not your team is the successful proposer.
City Council adopted Resolution No. 99-101 authorizing use of the Design-Build process for
this Project. The final selection will be based upon the competitive cost, Proposal details,
methodology, schedule, demonstrated competence, and qualifications as stated herein. The
design and construction shall meet the criteria and performance requirements included with this
request and incorporated into a formal contract.
The City emphasizes that it is requesting Proposals for the entire design AND construction of the
Project; not just the design or just the construction of the Project.
H. PROJECT DESCRIPTION
The project consists of designing and building a 9 million-gallon (MG) storage facility and
related improvements necessary to increase the potable water storage for the City of
Huntington Beach. The reservoir expansion storage will be constructed on City owned
property located immediately south of the existing Peck Reservoir. The Project will require
major earthwork activities for construction of the new storage facility, new piping
connections and structural modifications to the existing Peck Booster Pumping Station, and
installation of new isolation valves on the existing line from the existing Peck Reservoir.
The Project includes site drainage, paving, landscaping, fencing, lighting, and other sitework
improvements. The Project also includes any necessary offsite work to join or
accommodate existing facilities.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
The Design-Builder is responsible for obtaining all necessary permits, environmental clearance,
haul route plans and other approvals from all applicable federal, state, county and local agencies,
and shall prepare detailed design drawings and specifications that will be reviewed by the City
and Construction Manager for conformance with design criteria and performance standards
(Attachment A). The Design-Builder shall perform the work while minimizing disruptions to the
operation of the City's existing water system as stated herein.
Modification of chlorine storage facilities for water Well No. 7 to provide secondary
containment is a separate project planned within the Project area and is not included in the
scone of work for this Design-Build Project. This separate project is identified in the design
criteria and performance standards. Because of the location of the chlorine containment
project, some overlap of site paving and drainage improvements are included within this
Design-Build Project scope of work.
Design of a concurrent project is also underway to drill new water Well No. 13. The
Design-Builder must allow clear space at the rear or westerly end of the new reservoir for
C construction of Well No. 13. It is anticipated that drilling and initial development of the
subsurface portion of the well will occur within the next 12 months. The Design-Builder
must accommodate and provide access for Well No. 13 to an independent contractor to
perform its drilling and well development operations. It is necessary for the driller to place
Baker type tanks and other drilling equipment and materials near the well site for its
construction. The duration of construction for Well No. 13, including logging, isolation
testing, and other well development is estimated to take 60 calendar days or less once
initiated. The Design-Builder shall include within its scope a piping turnout for future
connection to the proposed well.
All work required to complete the Peck Reservoir Expansion Project and successfully pass start-
up and acceptance tests shall be done within 840 calendar days after the Notice to Proceed is
issued by the City.
III. SCHEDULE OF EVENTS
September 6, 2000 Issuance of Request for Proposals
September 20, 2000 Mandatory Pre-Proposal Meeting
November 13, 2000 Proposals Due
December 4, 2000 City Council Approval of Design-Builder Contract (estimated
date)
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
IV. INSTRUCTIONS FOR PROPOSERS
C' Pre-Proposal
The mandatory Pre-Proposal meeting will be held at the Water Operations conference room
19001 Huntington Street, Huntington Beach, CA 92648, on September 20,2000 at 2:00 P.M.
to provide the opportunity for prospective proposers to obtain additional background
information, discuss Project goals and deliverables, request clarifications and ask questions.
All telephone, personal and written communications regarding information concerning this
request shall be made as noted below:
r The City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Tom Rulla
Phone: (714)536-5524
r Fax: (714)374-1573
E-Mail: rullat@surfcity-hb.org
All questions must be received no later than two weeks prior to the required due date of the
Proposals. Responses to questions and requests for clarification beyond the information
�. provided in this document and at the Pre-Proposal meeting will be provided to all RFP recipients
by issuance of written addenda.
V. PROPOSAL SUBMITTAL
The City reserves the right to accept the Proposal which, in the sole judgment of the City, best
matches the requirements of the Project as rated in accordance with the selection procedure
stated herein; to award the Contract;to reject any and all Proposals without prejudice; and to
waive minor irregularities in the Proposals.
Withdrawal of Proposals
At any time prior to the scheduled due date closing time for receipt of Proposals, any Proposer
may withdraw and resubmit the associated Proposal, by written request.
No Proposal once submitted shall be permitted to be withdrawn during that period of time
between the scheduled closing time for receipt of Proposals and the actual award of Contract or
a period of one hundred and fifty(150) days,whichever occurs first,without forfeiture of Bid
Bond.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Ownership of Proposals
�-, All Proposal documents once submitted to the City shall become the property of the City for its
sole use and shall be treated as confidential, except cost Proposals.
Proposal validity
All costs quoted by the Proposer shall be guaranteed firm for one hundred and fifty(150) days
from date of Proposal opening.
If a Proposal is not signed, omits acknowledgement of addenda, or,includes any changes not
authorized by addendum, it may be deemed non-responsive. Proposals must be executed in
r. permanent ink.
Post-Proposal Meetines
After the closing date for receipt of the Proposals and before scoring,the City may request
individual meeting(s)with certain Proposers to clarify and discuss their Proposal. Failure by a
Proposer to attend such requested meetings may be a cause for rejection of the Proposal. All
clarifications shall be documented by the Proposer as addenda to the Proposal. The City
reserves the right to request meetings with only those Proposers from whom additional
clarifications on the Proposals are desired by the City.
Proposal Content
Each Proposal shall consist of the following documents:
1. Understanding of the Project
2. Detailed description of Proposal including Project approach, issues, excluded work items,
and constraints
3. Expanded proposer qualifications incorporating subconsultants and subcontractors, and
subcontractor license classifications deemed essential for proper completion of the Project
not included in the Statement of Qualifications
4. Project Schedule
5. Information and declarations as required by City Council Resolution No. 99-101
6. Cost and other Proposal forms
Cost Proposal
f�
The cost Proposal shall be completed as provided in Attachment D. No item may be omitted
and no item of descriptive text may be changed except as provided in writing by addendum from
the City. The Proposal shall include a preliminary cost breakdown of major activities and items
of work. The sum of the cost breakdown shall equal the lump sum cost Proposal.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Description of Proposed Project
C" The Proposal shall provide all necessary information and details for the City to fully understand
how the proposer intends to perform all aspects of the Project. The Proposer may include any
additional material deemed necessary to adequately describe the planning, design, development,
and construction of the Project.
VI. PROPOSAL EVALUATION AND AWARD OF CONTRACT
Design-Builders will be evaluated on their knowledge, experience, thoroughness of the
Proposal, cost, and capability to best provide this type of Project for the City.
The City will evaluate Proposals and reject the Proposal of any non-responsive Proposer. In
evaluating Proposals,the City will consider the following:
a. Overall detailed Proposal, Project understanding, and approach
b. Experience of Design-Build team on similar projects
c. Design-Build team organization and resources assigned to this Project
d. Quality control of subcontractors, suppliers, cost control, and safety programs
e. Schedule
�-, Qualification Based Selection will use a matrix formula and rating system. The
qualifications score shall account for 35 percent of the overall score and the base cost
Proposal shall count for the remaining 65 percent of the score. Proposals will be evaluated
on the consistency of costs and the associated details or tasks as found in the detailed
Proposal. Proposals will be compared and evaluated against each other to determine the
�. best overall Proposal based upon the combined score. Award of this contract is not based
solely upon lowest price although it carries considerable weight in the evaluation. The
following table outlines the scoring parameters:
Item Qualification Factors Point Value Score
Range
1. Overall detailed Proposal, Project 0-15
understanding, and approach Points
2. Experience of Design-Build team on 0-5 Points
similar projects
�. 3. Design-Build team organization and 0-5 Points
resources assigned to this Project
.4. Quality control of subcontractors, 0-5 Points
suppliers, cost control, and safety
programs
�- 5. Schedule 0-5 Points
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(7 CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Qualification 35 Points
Summary Total Qualification Score
Design- Cost Proposal Score 65 Points
Build Cost (Rated in direct proportion to lowest cost
Proposal Proposal)
Total 100 Points
Proposal Combined Evaluation Score
Summary Proposal final score
The cost Proposal shall be a lump sum for the entire work as indicated on the cost Proposal
form. The lump sum cost Proposal shall include any fee for the required three(3)year warranty
(, period. The lump sum cost Proposal shall be complete and no items or scope of work may be
omitted or altered. The Combined Evaluation Score does not include the cost Proposal for the
optional extended warranty;as described under Article VII of this RFP.
The extended five(5)year warranty shall be included as a separate bid item in the Proposal.
The Design-Build proposer must provide a fully detailed description and extent of services to be
provided during the extended warranty period. The City shall have the sole right to accept or
reject the extended warranty. The City will consider that description in the Proposal evaluation
whether or not the City elects to exercise the optional extended warranty.
Additional offering options or alternatives or footnotes may be submitted at the Proposers'
discretion, but without any obligation by the City to accept. If the City elects to accept any
alternate Proposal, it shall be done by negotiated change to the contract only after award of the
basic contract.
VII. PAYMENT
Payments will be made by the City on the basis of identifiable milestones verified by the City
during the implementation of the Project. Payments will be paid according to contract
provisions and milestone events. Prior to initial payment, the Design-Builder shall submit to the
City for approval a Schedule of Values developed within the milestone events. Progress
payments will be made within the milestone events and approved Schedule of Values. Invoices
will not be accepted more frequently than once per month. Amendments to the contract
resulting from modifications and/or additions(deletions)to the system requirements shall have
the negotiated cost adjustment processed by a change order issued by the City. The cost
increases(decreases)for these changes will be added to (subtracted from)the total system cost
paid by the City. The City will pay the percent value of the completed milestone, as defined
above, so that the total payments to date equal the cumulative payment percent based upon the
amended contract cost.
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Final distribution of milestones will be negotiated with the selected Design-Builder. The
estimated milestone payment schedule is defined in the following table:
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Milestone Payment Schedule
Item MILESTONE DESCRIPTION % Accum
1 Completion of contract signing,award,notice to proceed,and receipt and 2% 2%
approval of detailed Project schedule.
2 60 Percent design review and approval. 3% 5%
3 90 Percent design review and approval.. 5% 10%
4 Completion of design dra«ings and specifications,acceptance of all reports, 5% 15%
and approval by permitting agencies and CEQA clearance.
5 Construction mobilization,and foundation preparation 5% 20%
6 Construction progress based upon approved cost loaded construction schedule. 60% Up to
80%
7 Successful completion,startup and testing. 5% 85%
8 Complete submittal and approval of all documentation including"as built" 5% 90%,
documentation.
9 Release of Retention(90 days after acceptance). 10% 100%
r The City shall make payment within 30 days of receipt and approval of each invoice. Payment of
such invoices by the City shall not constitute acceptance of the Work and shall be subject to
correction in the payment of any subsequent invoice(s).
Citv Release of Retention
Release of final retention will be made 90 days after issuance of the Notice of Completion and
with City Council approval upon full acceptance of the work, release of any claims, and
acceptance of all warranties.
Chances in the Work and Extra Work
The City may, at any time,without invalidating this Agreement, make changes in, add to or
delete from the Work to be performed hereunder. No such changes shall be made except by
written order signed by the City. No claims for extra Work shall be valid unless authorized by an
approved change order.
Warrantv
The Design-Builder shall fully warrant the completed Project for a period of three(3)years, after
acceptance by the City,that the constructed facilities shall operate without defect as a complete
system for its intended use in accordance with the applicable functional and performance
standards. The City will notify the Design-Builder of discovered problems or defects and the
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Peck Reservoir Expansion Project RFP
Design-Builder shall promptly replace or repair all problems or defects during the warranty
period.
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Extended Warrantv
The City shall have the right to exercise the extended warranty option prior to completion of the
contract. An extended warranty shall be offered by the Design-Builder as a supplemental
C' optional work item. The warranty shall be for five(5)years immediately following the initial
three(3)year warranty included with the bid Proposal.
The extended warranty Proposal shall be fully described. It must indicate all excluded items and
the level of routine or preventive maintenance required by the City to maintain the facilities
(, before provisions of the extended warranty shall be exercised. The description shall include all
limitations, restrictions, required inspections and reporting requirements needed to document the
condition of the facilities during the extended warranty period. The City does not require a bond
for this period, but the Design-Builder is required to provide a binding commitment in a form
acceptable to the City for the extended warranty period.
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VIH. GENERAL REQUIREMENTS
Insurance Requirements
The Design-Builder shall furnish with the Proposal proof of the following minimum
insurance coverage. These minimum levels of coverage are required to be maintained for
the duration of the Project:
�- General Liability Coverage- $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form with a general
limit is used, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
�. Professional Liability Coverage- $1,000,000 per occurrence (note: A"claims
made" policy is acceptable).
Worker's Compensation Coverage: State statutory limits.
r Deductibles, Self-Insurance Retention, or Similar Forms of Coverage Limitations or
Modifications must be declared to and approved by the City of Huntington Beach.
A Sample Certificate is included as Attachment C.
The Design-Builder is encouraged to contact its insurance carriers during the
C Proposal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement. The Design-Builder shall carefully review the
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CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
Sample Agreement, especially in regard to the indemnity and insurance provisions,
and include with the Proposal a description of any exceptions required to the
C standard contract. If there are no exceptions, a statement to that effect shall be
included in the Proposal.
Bonding
C The Design-Builder shall furnish with the Proposal a bid bond in the amount of 10 percent
of the Proposal price. Prior to entering into the performance of work under a Contract with
the City, and subject to approval by the City Attorney, the Design-Builder shall furnish
performance and payment bonds for an amount equal to the contract price and upon
acceptance of the Project a warranty bond, good for three (3) years after final acceptance.
C
Standard Form of Agreement
The Design-Builder will enter into an agreement with the City based upon the contents of
this request and the Design-Builder's Proposal. The City's Sample Contract is included as
C- Attachment B.
Citv Assigned Representatives
The City will assign a Construction Manager to administer the contract.
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IX. PROPOSAL SUBMITTAL CONDITIONS
Pre-Contractual Expenses
C
Pre-Contractual expenses are defined as expenses incurred by Proposers in:
• Performing field tests and investigations and preliminary design analysis
• Preparing a Proposal in response to the RFP
C • Submitting that Proposal and bid bond to the City of Huntington Beach (City)
• Negotiating with the City in any matter related to this RFP, Proposal, and/or contractual
agreement
• Any other expenses incurred by the proposer prior to the date of an executed contract.
C. The City shall not, in any event, be liable for any pre-contractual expenses incurred by any
Proposer. In addition, no proposer shall include any such expenses as a part of the Cost
Proposal to perform the requested services. Honorariums are not included in this request.
Authority to Withdraw RFP and/or Not Award Contract
C
The City reserves the right to withdraw the RFP at any time prior to the execution of the
Contract without prior notice. Further, the City makes no representations that any
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C- CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
agreement will be awarded to any proposer responding to this RFP. The City expressly
reserves the right to postpone the opening of Proposals for its own convenience and to
reject any and all Proposals in response to this RFP without indicating any reasons for such
rejection(s).
Right to Reject Proposal
The City reserves the right to reject any or all Proposals submitted.
Discrepancies in Proposal Documents
Should proposer find discrepancies in or omissions from the RFP, or if the intent of the
invitations is not clear, and if provisions of the RFP and its attachments restrict proposer
C from proposing, they may request in writing that the deficiency(s) be modified. Such
request must be received by the City'14 calendar days before due date. All proposers will
be notified by addendum of any approved changes in RFP documents.
Oral Statements
(':
The City is not responsible for oral statements made by any of their employees or agents
concerning the RFP or the Project. Requests for information or clarification by the
Proposers shall be submitted in wring to the City, and response by the City will be in
writing.
X. ATTACHMENTS
Attachment A --- Design Criteria and Performance Standards
C Attachment B --- Sample City Contract
Attachment C --- Sample Insurance Certificate
Attachment D --- Proposal Forms
Attachment E --- Reference Documents
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CITY OF HUNTINGTON BEACH
,Peck Reservoir Expansion Project RFP
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ATTACHMENT A
Design Criteria and Performance Standards
Peck Reservoir Expansion Project
Design Criteria and Performance Requirements
1. General Project Description and Characteristics
C The project consists of designing and building a 9 million-gallon (MG) storage facility
and related improvements necessary to increase the potable water storage for the City of
Huntington Beach. The project will require major earthwork activities for construction of
the new storage facility, new piping connections, structural modifications to the existing
Peck Booster Pumping Station, and installation of new isolation valves on the existing
line from the existing Peck Reservoir. The project includes site drainage, paving,
landscaping, fencing, lighting improvements, and all necessary offsite work to join or
accommodate existing facilities. The reservoir storage structure can be a single facility
of cast-in-place reinforced concrete or multiple circular prestressed concrete tanks.
Construction shall minimize disruptions to the operation of the City's existing water system
operations.
The Design-Builder is responsible for obtaining all necessary permits, environmental
clearance, haul route plans, and other approvals and shall prepare detailed design drawings
and specifications that will be reviewed by the construction manager, City Public Works
C' Department, Planning Department,Building and Safety Department, and Fire Department.
2. Project Objectives
The project must increase usable potable water storage by 9-million gallon (MG)within
�- the 2.47-acre property boundary and provide compatible and flexible operation with the
existing Peck Reservoir and Peck Booster Pumping Station and other existing facilities.
The new facilities must be esthetically compatible and appropriate for the general
neighborhood and geographic location. Seismic safety, low maintenance, reliability,
long-term facility life, cost effectiveness, and ease of operation are key factors that must
�. be incorporated into the design.
The Design-Builder shall incorporate the use of high quality materials, thoroughly
developed design details, and the highest quality craftsmanship are paramount to assure a
successful project. The final execution of the project by the Design-Builder must be
carefully managed to achieve this desired result.
3. Partnering
The City of Huntington Beach(City) will work with the Design-Builder to establish
methods to resolve disputes. This is to promote cooperation, minimize confrontation and
eliminate litigation. Partnering concepts will be utilized. A Project Charter will be
developed jointly by the City and Design-Builder immediately after the Notice to Proceed
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is issued. The Design-Builder will participate with the City to develop mutual objectives
and goals for the project.
(7
The City wants to encourage prompt decision making and problem solving by all parties
and maintain cooperative working relationships throughout this project even though the
Design-Build concept provides the opportunity to achieve beneficial contact between the
designers and builders. The Charter will be a symbol of the commitment to partnering as
�- a process to establish cooperation for everyone's benefit, and facilitate the completion of
a successful project.
The successful proposer and their key team members shall attend a workshop to develop
a dispute avoidance system and cooperative working relationships through a Partnering
(, process within 30 days after the Notice to Proceed. It is recognized that the actual work to
achieve these goals requires a team approach. City staff and the major participants from
the Design-Build team will participate. -
The workshop shall be held at a City facility. The Design-Builder shall provide a
facilitator experienced in partnering concepts for the workshop. The facilitator shall
C prepare an agenda and conduct the initial workshop to develop a mission statement, goals
and objectives leading to a Charter. The Charter shall include communication objectives,
a conflict resolution system, and performance objectives. Suggested language to the
Charter will include the goals for the Project such as its timely completion, a reasonable
profit for the Design-Builder, and high quality workmanship. The facilitator shall
C prepare all written materials, including summary and follow-up action items, and
schedule monthly follow-up meetings with the participants to ensure the plan is
proceeding as intended.
4. Precedence of Design Standards
C
The Design-Builder shall use the best commercial practice and more restrictive standards
shall prevail. In the event of conflict among the standards, the order of precedence is:
• Current laws, codes and permits
• Approved change orders, supplemental agreements, and approved revisions
• Criteria and specifications
• Detailed drawings
• General drawings
• Reference drawings and standards
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5. Specifications Format
Specifications shall be prepared in the Construction Specifications Institute(CSI) format.
Construction subcontracts awarded by the Design-Builder after award of the Design-
, Build contract shall be based on competitive bids prepared and administered by the
Design-Builder. Upon request by the City, the Design-Builder shall submit proposal and
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selection documents to the City for confirmation and conformance with City Council
Resolution No. 99-101.
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6. Drawing Standards and Format
Design and As-Built Drawings shall be prepared in AutoCAD R14 or newer version.
Design drawings shall be 24 x 36 inch 4 mil Mylar. Drafting standards and symbols shall
C be standard of the industry, except as modified by City Department of Public Works
Standard Plans and Water Standard Plans and the City Department of Public Works
AutoCAD Standards Manual for Consultants. Upon completion and submittal to the
City, all standards utilized, including layers, pen assignments, weights, etc. shall be
summarized in drafting guidelines. The manual shall be submitted to the City as part of
the Record Drawings of the Project. Shop drawings shall be prepared to clearly show all
necessary details and submitted to the City for review and compliance with the approved
design. -
Minimum standards of execution shall be the more restrictive standards as stated in this
request, or if not stated otherwise, to the level required by the City Department of Public
(71 Works Standard Plans and the Water Division Standard Plans, as last revised. In the
event of conflict, the more restrictive standard shall apply unless otherwise approved by
the City.
7. Work Schedules and Progress Reports
C`
Within 30 days after the Notice to Proceed, the Design-Builder shall submit to the City
the Baseline Critical Path Method (CPM) schedule for the project. This CPM schedule
shall be created on Primavera for Windows or Microsoft Project, latest version. The
schedule shall show a comprehensive and detailed plan of activities for timely completion
C of the project. The schedule shall indicate the activities to complete the entire project
within the time specified. The City requires that all work be completed not later than 840
calendar days after the issuance by the City of the Notice to Proceed.
Because of the nature of Design-Build process, all activities may not be determined upon
award and mobilization by the Design-Builder. Best estimates shall be incorporated in
the baseline CPM. Periodic updates to the baseline CPM are expected as the design
development is finalized and initial construction is begun. In general, the update
schedule is intended to be comprehensive and an accurate model of the planned and
completed activities throughout the course of the project.
The schedule shall show precedence and duration of each activity. A comprehensive
schedule shall show individual activities with their interdependence and sequence of
performance. Activities should include lead time for preparation of drawings, submittals,
samples, approval periods, submittal of foundation reports for design, compaction and
acceptance, and shutdowns, delivery and installation of materials and equipment, and
inspections. Plan check and other submittal review periods shall be included. The
effects of adverse weather shall be incorporated in the construction schedule based upon
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regional average National Weather Service data. The Design-Builder may request, and
the City will extend the time of completion due to the effects of unforeseeable causes
C' (such as war, strikes, natural disasters, or abnormal amounts of adverse weather). Such
extensions of time that are approved will be excusable and not compensable.
The Design-Builder shall submit monthly detail reports to the City as the work progresses
to accurately reflect the actual progress with explanations for changed or revised
�- operations. The City may request additional reports whenever it becomes apparent that
scheduled milestones or completion dates will not be met. The Design-Builder shall
indicate the corrective actions including additions of staff, work schedules and
rescheduled work items to restore the schedule. Under no circumstances shall any
corrective actions be considered justification for change orders or acceleration.
8. Payment Structure and Milestones
Progress Payments shall be made in accordance with the Agreement and milestones.
The City will provide a two (2) percent mobilization payment upon receipt and
acceptance of the detailed project schedule and Schedule of Values setting forth the entire
work and milestones. The City will make payment in accordance with the milestone
payment schedule and will retain 10 percent until successful completion, startup and
testing and complete submittal and approval of all documentation including"as-built"
documentation. The Design-Builder may substitute an escrow holder surety of equal
value to the retention in accordance with the provisions of the California Government
r Code, Section 4590. The Design-Builder shall be beneficial owner of the surety and shall
receive any interest thereon.
9. . Change Orders
The City reserves the right at anytime before final acceptance of the entire work to order
the Design-Builder to perform extra work, or make changes altering, adding to, or
deducting from the work, without invalidating the contract or bonds. Changes in work
and markup shall be in accordance with the SSPWC (Standard Specifications for Public
Works Construction) "Greenbook" current edition.
C
10. Quality Assurance and Safety Programs
The Design-Builder shall develop and maintain quality assurance and safety programs
subject to review by the City. Daily fieldwork records shall be maintained by the Design-
, Builder. If corrective actions are required during the course of the work, the Design-
Builder shall maintain written documentation of their resolution. All documentation,
records, and reports shall be maintained throughout the course of the project and are
subject to review by the City.
The City's construction manager will independently review the work and maintain
separate records.
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11. Preliminary Design and Allowance for Partial Completion of Plans and Specifications
The Design-Builder shall prepare preliminary and final design drawings and
specifications. Project management staff, City Planning Department, Design Review
Board, Public Works Department and Fire Department will review the preliminary
design. Final design must also be submitted to the Department of Building and Safety for
approval.
Standard procedures for submittal of drawings to the Department of Building and Safety
must be observed and performed by the Design-Builder. It is encouraged that the Design-
Builder submit complete project plans for plan check review and the City will expedite
plan check review. The Design-Builder shall provide complete and comprehensive
submittals for the entire reservoir structure, modifications and additions to existing
f facilities for plan check review to the Department of Building and Safety with all
required supporting calculations and reports, as required. It is anticipated that the first
plan check review by the Department of Building and Safety will take approximately
three (3)weeks, and re-submittal will take one (1)week for review; however, time for
review cannot be guaranteed because of ongoing workload. Electrical and plumbing
�-, plans are separate submittals to the Department of Building and Safety. The City may
allow partial approval of segments or phases of the work. A minimum of six (6) sets of
stamped plans and other documents shall be submitted for plan check to the City, unless
otherwise authorized.
�. In general, four(4) complete sets all other submittals, including reports, shall be provided
unless otherwise indicated.
12. Ordinances and Codes
�, The Design-Builder shall adhere to all performance and design standards and conform to
all laws and local ordinances. The following applicable codes include, but are not limited
to: The City's Municipal Code including, but not limited to the Building, Mechanical,
Plumbing, Electrical, and Fire Codes. Related codes included by reference are the
Uniform Building Code (UBC), Uniform Plumbing Code, Mechanical Plumbing Code,
Electrical Code, Uniform Fire Code, National Electrical Code, SSPWC, American Water
Works Association Standards (AWWA), National Sanitation Foundation(NSF),
American National Standards Institute, American Society for Testing and Materials
(ASTM), American Welding Society Standards and Specifications, American Institute of
Steel Construction, and National Association of Corrosion Engineers.
C' Specific code sections applicable to this project include, but are not limited to: concrete
design ACI 3IS and 350R; prestressed concrete tank design AWWA D110; pipe and
structural steel ASTM A 36, A 53, A 123, A 153, A 283, A 307, A 386, A 500,A 501;
and AWS A2.0 and D1.1. Ready-Mix Concrete shall conform to ASTM C 94. Shoring
and excavations shall comply with Title 8 of the California Occupational Safety and
�- Health regulations.
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13. Permits and Licenses
The Design-Builder shall possess all required permits and licenses required by federal,
state, county, and local governing bodies (including the City)to perform the entire
project design and construction.
The Design-Builder must obtain various plan checks, permits, approvals, and compliance
C measures. They include and are not limited to the following:
• City Business License
• Grading Plan Check and Permits
• Haul Route Permit
• Traffic Control Plan
C • Building Plan Check and Permit for Reservoir(City Requirement)
• Electrical Permit
• Plumbing Permit (incidental domestic plumbing only, if required by disturbance or
addition to potable service)
• Title 8 of the State Orders, Division of Industrial Safety (Cal/OSHA)
C • California Department of Health Services Review
• Orange County Water District Review
• Orange County Health Care Agency
• Best Management Practices for Storm Water Pollution Prevention Plan
C The process to obtain permits will require applications and clearances from other
intermediate agencies and review boards such as the City Planning Department and
Zoning Administrator and Design Review Board. Public hearings may be required with
participation by the Design-Builder.
C The full Planning entitlement process is anticipated to take four(4) months and must be
considered in the overall Project schedule.
The Design-Builder shall assist the City in amending its water supply permit with the
California Department of Health Services incorporating the new storage and
(' modifications to the existing facilities.
Proposers must possess the proper professional and contractors licenses as required by
law at the time of proposal submittal. A California Registered Professional Engineer
shall sign and stamp all plans and specifications as the responsible Engineer of Record
C and as required by the Professional Engineer's Act. A General Engineering Contractor's
Class A license is required for facility construction and additional licenses shall be
provided as required and subject to California Contractor's State License Board approval.
Craft workers shall be qualified for the performance of their specialized work.
C 14. McDonnell Douglas Specific Plan
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Following the general guidelines of the Specific Plan is presumed. The Peck Reservoir
Expansion project is located within Planning Area 2, Subarea A of Specific Plan No. 11
(McDonnell Centre Business Park). The City's Director of Planning is required to
implement specific development projects through a Site Plan Review process. The
Design-Builder is required to submit a detailed design incorporating the development
standards and design guidelines outlined in this Specific Plan.
Maximum lot coverage of 60 percent and a floor area ratio of 65 percent are required for
the Specific Plan for Planning Area 2. The Director of Community Development may
consider deviations up to ten (10) percent. Deviations greater than(10) percent must be
approved by a Variance application before the Zoning Administrator. The Design-Builder
is responsible for all deviation requests and processing applications. The City will assist
the Design-Builder to its fullest extent possible, but no assurance can be given that
variances will be granted.
A Record of Survey has been completed and filed with the County of Orange that
includes a lot line adjustment for the Peck Reservoir Expansion Project.
C' 15. California Environmental Quality Act
i
Compliance with the California Environmental Quality Act is required. It should be
assumed by the Design-Builder that an initial study and negative declaration or mitigated
negative declaration will be necessary. In addition, all adopted mitigation measures
r contained in the Specific Plan must be adhered to. The Design-Builder shall be
responsible for preparation of the environmental documents, filing, notices, and
distribution in coordination with the City. Three (3) copies of the draft initial study and
other documents shall be submitted. Final submittal shall include six(6) copies and an
electronic version on disk formatted for Microsoft Word.
If it is determined that a full environmental impact report is required, the City will
consider this a change of scope for the project and issue appropriate directives to the
Design-Builder.
16. Extensions of Time
Extensions of time, when granted by the City, will be based upon the effect on the critical
path. Extensions of time will not be granted for non-critical activities.
17. Coordination with Ongoing Water Operations
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The approved schedule developed by the Design-Builder shall reflect the outage period
for the existing Peck Reservoir and other facilities. It is critical that close coordination be
maintained with ongoing water operations. It is important that the outage period for the
existing facilities be minimized, and any change in the approved schedule shall require 30
days prior written notice to and approval from the City. The City will dewater the
existing Peck Reservoir, lockout pumping and disinfection facilities, and provide access
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for the Design-Builder to perform the required modification activities. It is assumed that
the existing Peck Reservoir can be dewatered and Peck Booster Pumping Station can be
�. made available to the Design-Builder for at least six (6) months if Well No. 7 remains
available during that period. The City will cooperate with the Design-Builder to
accommodate construction; however, temporary operational modifications may be
required to continue providing service to customers. The Design-Builder is encouraged
to shorten the outage period; however, no monetary incentive is provided.
C The City reserves the right to interrupt construction and restore the existing facilities to
operation in the event of a major emergency.
18. Construction Mitigation Measures
All grading activities shall comply with Chapter 17.05 of the Huntington Beach
Municipal Code. Limitations and requirements must be fully addressed, and restrictions
on working hours, noise, dust and other issues must be fully mitigated. Haul routes shall
be approved, and dust control shall be preemptive and include use of water trucks, street
sweepers throughout each workday involving grading operations, and other measures to
maintain clean access and egress right-of-way and adjoining streets. At the end of each
workday involving grading or earthwork activities, and as otherwise required, all
adjoining streets affected by the construction operations shall be swept and wet down.
Accumulations of mud, dust, dirt or debris on sidewalks from the working activities or by
reason of storm water runoff, or wind, shall be promptly removed. A water quality
management plan is required. Best management practices shall be provided to keep all
construction pollutants from contacting storm water with the intent of keeping all
products of erosion from moving off site. Additional preventative methods and measures
shall be taken as necessary.
19. Utility Field Services
The Design-Builder shall provide all temporary utility services for use during
construction and start up testing. Temporary power, sanitary facilities, construction
trailers and office space shall be provided in accordance with Section 7 of the SSPWC,
except the City will provide all water for construction and initial reservoir testing and
leak detection from a designated location. Field offices shall be provided in accordance
g
with the SSPWC. Class"B field office shall be provided for City representatives.
Temporary toilet facilities for use of the workers shall be housed within a weathertight
and elevated floor structure.
C' 20. Surveying
The City will establish property boundaries and control elevation monuments and provide
the same to the Design-Builder. The Design-Builder shall protect control points,
monuments, and perform all construction surveying, staking, and comply with all articles
of the State's Land Surveyors Act. The City will perform independent periodic review
for conformance with the design intent.
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21.Peck Booster Pumping Station Modifications
The existing Peck Booster Pumping Station has sufficient pumping capacity to
accommodate the new reservoir. Suction grade to the pumps and pump discharge grades
are intended to remain the same after the addition of the new storage facility. The Peck
Booster Pumping Station hydraulic efficiency and protection from cavitation should not
be reduced by any Design-Builder modifications.
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The new reservoir must be connected to the intake manifold of the existing Peck Booster
Pumping Station. A new isolation valve must be installed by the Design-Builder to stop
inflow to the suction manifold from the existing Peck Reservoir. Design of required
modifications is left to the discretion of the Design-Builder. It is assumed that the
existing Pumping Station will have to be undermined and structurally modified to gain
access to the suction manifold. The-work required to gain access, remove existing piping
and equipment, installing new manifold piping and valves or other equipment
modifications, must structurally restore the pumping station to current standards.
(� Isolation valves for the new reservoir or each new tank are also required. The type of
valves and location must be appropriate for the intended purpose. The new reservoir or
tank isolation valves shall be accessible and provide watertight seals. The isolation
valve proposed for the existing Peck Reservoir may be retrofit within the suction header
line or submerged within the reservoir. Valve operation shall be by extended operating
shaft and shall be designed to provide equivalent reliable service as those isolation valves
developed for the new storage reservoir or tanks.
22. Payment of Applications, Permits and Plan Check Fees
The Design-Builder must pay for all business, professional, and contractor licenses, fees
and permits to engage in this type of work. The City will pay for permits and fees and
approval applications directly related to the project. In general, the City will be
responsible for payment of first time application and permit fee obligations specifically
required for the project. To prevent delay to the project, from time to time, it may be
appropriate for the Design-Builder to pay for certain permits or fees. Upon submittal and
C approval of invoices or payment receipts, the City will reimburse the design-builder for
out-of-pocket expense for applications, plan check and permit fees paid directly for the
project, and without mark-up.
The Design-Builder must pay all additional fees and expenses due to re-application or
resubmittal for failure on the part of the Design-Builder to comply with the initial permit
or application.
23. Foundation Design, Seismic Concern, and Reservoir Stability
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The risk of seismic activity can be attributed to the proximity of several fault zones and
the geologic makeup of the region. Seismic hazards exist in the City and the region has
experienced several significant earthquakes in historic times. Soil characteristics are
subject to settlement, liquefaction, and expansion. Consideration must be given for
seismic safety, reliability, long-term facility life, cost effectiveness, low maintenance and
ease of operation of the new reservoir and appurtenant facilities.
C The Design-Builder shall comply and go beyond the standards for seismic design of the
UBC. The design must consider strong ground shaking. Peak horizontal design spectra
and vertical design spectra shall be developed as part of the design. The Design-Builder
shall perform a seismic hazard analysis and prepare seismic design criteria. Analysis can
be done in the deterministic or probabilistic form. The deterministic approach shall
consider the maximum probable and maximum credible events. The facility is
considered an essential facility with appropriate importance factors in accordance with
the UBC. The preliminary seismic design included in the GPI geotechnical report dated
August 13, 1999 evaluated the seismic hazard criteria for 10 percent probability of
exceedence in 50 and 100 years. The Design-Builder shall develop a two-tiered design
approach. The facility shall sustain a high level of performance without significant
C, damage during a tier one level event of 10 percent probability of exceedence in 50 years
.or a maximum probable event. The level of performance shall result in insignificant
minor cosmetic effects on the structures that do not need immediate repair or require
draining of the reservoir facility until it is convenient for water system operations.
C The facility shall be expected to remain operable with only minor repairable damage due
to a tier two higher seismic level event of 10 percent probability of exceedence in 100
years or a maximum credible seismic event.
The effects of dynamic pressures on the structures from the impulsive and convective
forces induced from seismic activity must be considered in the design. Reservoir wave
action, freeboard, roof design, sliding, piping flexibility, overturning, uplift, and
anchorage are other factors that must be considered in the structural design.
Prior to beginning construction and in addition to all other required geotechnical
evaluations and design reports, the Design-Builder shall submit a comprehensive letter
report, signed by a registered professional engineer and/or engineering geologist, to the
City indicating that all the above performance requirements have been considered in the
design.
24. Earthwork
f
All procurement of earthwork material and disposal of spoil and surplus material are the
responsibilities of the Design-Builder. All earthwork necessary to construct the reservoir
shall conform to geotechnical engineering reports prepared by the Design-Builder as
submitted and accepted by the City.
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It is the responsibility of the Design-Builder to provide all final geotechnical design.
Other than the preliminary data provided by the City, all in situ, exploratory work and
C borings, laboratory testing, calculations, geotechnical design, and reports are the
responsibility of the Design-Builder.
The Design-Builder shall indicate in a separate report any special considerations needed
to protect the stability of the existing Peck Reservoir and Peck Booster Pumping Station
during dewatering and excavation stages of the work.
25. Geotechnical Inspection
The Design-Builder shall provide professional geotechnical oversight by the civil
engineer, soils engineer, and the engineering geologist as required by law.
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Tlie City will also provide limited independent geotechnical professional review during
the design and follow-up observations during construction to verify that the design meets
the City's minimum requirements, and ensure that construction is carried out in
accordance with the approved design. The City will perform compaction and other soil
C testing.by a separate independent testing firm. The design shall incorporate the minimum
test frequency requirements. The cost for re-test of failures will be paid by the Design-
Builder.
Grading and shoring operations shall comply with accepted geotechnical design reports
r and recommendations. The Design-Builder shall provide all inspections by competent
persons for shoring and excavations required by Cal/OSHA.
26. Building Inspections
C Called inspections to the Department of Building and Safety and compliance with
notification requirements are the responsibility of the Design-Builder. The City will
provide special inspections with prior notification by the Design-Builder. The City will
provide continuous inspection by a registered deputy inspector, per the UBC Chapter 17,
Section 1701, for special inspections required for all field welding, masonry walls,
concrete anchors, reinforced concrete, prestressed concrete, high strength bolting, pile,
pier, and caissons, nailing wood diaphragms and shear walls, and roof truss connections.
For code compliance, the City will arrange for concrete testing and other required tests
and report services. The cost of re-tests for failures shall be the responsibility of the
Design-Builder. The City shall be given 72 hours prior notice for deputy inspections.
The City has the right to have the construction manager or designated representative(s)
perform general inspection at any time; however, the Design-Builder shall self-inspect
and be responsible for day-to-day general oversight inspection.
Structural observations shall be performed by the Design-Builder Engineer of Record in
.� accordance with the UBC.
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27. Substructures
(^ Substructures known to exist are included in the reference drawings. The 10-inch water
line that is identified in the August 1997 Site Plan Study located approximately 50 feet
south of the southerly property line of the existing Peck Reservoir has been
decommissioned and removed. No substructures are known to exist within the 2.47-acre
project site proposed for the Peck Reservoir Expansion Project. Minor remnants of
concrete spillage from the adjacent building construction may exist at or near the surface.
The City relies on the accuracy of the Peck Reservoir Expansion Site Phase II
Environmental Assessment Report prepared by Converse Consultants, dated August
1998. The City also presumes the testing and field data derived from the geotechnical
investigation for Peck Reservoir Expansion prepared by GPI, dated August 1999 are as
C indicated. Any additional surface or subsurface tests or reports required for the project
shall be provided by the Design-Builder. Significant deviations in actual field conditions
from those previously indicated will be considered a change of scope for the Design--
Builder.
28. Protection and Restoration of Existing Improvements
Existing improvements within the project limits which are not designated within the
scope of work, but which are damaged or removed as a result of the work, shall be
restored by the Design-Builder in a manner satisfactory to the City.
C 29. Large Piping
In general, inlet, outlet and fabricated manifold piping shall be welded steel pipe. Spiral-
seam and straight-seam pipe are allowed. Piping 24-inches in diameter or larger shall
meet the requirements of ASTM A 283, Grade D and the Supplementary Requirement S-
{� 14, or ASTM A 36 and the Supplementary Requirement S-14. Steel for the fabrication of
pipe shall be furnished in steel plate or coil and shall not be rimmed or capped. Coil steel
sheet shall meet the requirements of ASTM A 570. Welded steel pipe with a diameter of
less than 24-inches shall be fabricated in accordance with ASTM A 53, Type E. Certified
copies of mill-test reports including the physical and chemical properties of steel and
mill-manufactured pipe shall be furnished.
Welding procedures shall be specified and each specification shall have supporting
procedure qualification records. The welding process shall produce complete fusion of
base metal and filler metal, free from cracks, oxides, and gas pockets within the limits set
forth in engineered design standards. Welders and welding operators shall be qualified
under the applicable provisions of the standard qualification procedure of the (ASME)
Boiler and Pressure Vessel Code, Section IX.
As a minimum, welded steel pipe and joints shall be designed in accordance with
AWWA M-I I and designed to resist all combined forces. Regardless of pressure, the
minimum wall thickness of steel pipe 16-inch and larger shall be '/4 inch. Restraint or
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flexibility shall be designed at points of piping and structure interaction. Flange bolting
materials shall be stainless steel.
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30. Piping Modifications, Connections and Controls
The Design-Builder shall develop detailed modifications to the pumping station suction
manifold and connections to the existing system. External coating systems shall be
C, compatible with existing piping. Corrosion control systems and monitoring shall be
included, such as use of insulated joints, bonding jumpers, monitoring stations, anodes, or
other cathodic protection, as required by design. The design shall consider the hydraulic
characteristics for the existing system and carefully consider the effects of isolation
valves to efficiently utilize the existing pumping equipment and prevent cavitation at the
�. existing pumps.
Separate reservoir inlets and outlets are required for circulation and to avoid dead spots.
Water Quality sample taps shall be provided for convenient access and use by water
quality testing personnel. Multi-level water quality sampling and monitoring ports and/or
access shall be provided. Service water connections and fire hydrants shall also be
included at perimeter points and reservoir wash down connections shall be included.
Isolation valves are required for each of the storage structures. Control and isolation
valves for the new storage facility shall be external to the storage structure and accessible
for maintenance. The Design-Builder can consider submerged isolation valves or gates
for the existing reservoir and must restore any reservoir lining disturbed by
r modifications. Isolation valves shall be designed for reliable service with consideration
for sanding deposits from well operations.
31. Trenching, Backfill and Compaction
C, The Design-Builder shall design all trenching, bedding, and backfill for pipelines,
structure support and drainage systems. Material selection and consolidation
requirements shall be designed to create full structural support, protection of pipe
systems, and with consideration for corrosive conditions and drainage requirements. All
surplus spoil and other materials shall be properly removed from the site.
32. Operational Connections to Existing Systems
The existing Peck Reservoir site includes Peck Booster Pumping Station, water Wells
i No. 4 and No. 7, gas feed chlorinating, and other water operating facilities. The new
Peck Reservoir Expansion Project must take advantage of these existing facilities without
duplication of the booster pumping facilities. The Peck Booster Pumping Station takes
suction from the existing Peck Reservoir and its discharge header connects to the Zone
One distribution system. The water Wells*can feed directly into the Zone One distribution
system or into Peck Reservoir.
The new storage structure(s) and the existing Peck Reservoir must be capable of being
operated independently and isolated from each other. The new storage facility must be
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capable of operating in parallel with existing reservoir and the operating high water
elevation must match the existing reservoir(the high water elevation=33.67 feet NGV
�- datum at the reservoir spillway). The minimum suction grade to the existing Peck
Booster Pumping station must be must be maintained (suction manifold centerline
elevation= 6.00 feet NGV datum). The Design-Builder shall include linkage to the
existing supervisory control and data acquisition (SCADA)to monitor the new facilities.
Remote operation of valves is not required. By separate contract, the City is currently
upgrading the existing SCADA system that will utilize a spread spectrum radio link from
the Peck Booster Pumping Station.
33. Hydraulic Flow Characteristics
The maximum flow characteristics are as follows: Peck Booster Pumping Station has four
(4) natural gas engine driven pumps with a combined discharge of 18,540 gpm (4,635
gpm each). Well No. 4 has a capacity of 3,000 gpm, and Well No. 7 has a 3,800-gpm
capacity. Future Well No. 13 must be assumed to have a 3,500-gpm capacity. The
discharge system hydraulic grade is approximately 75 psi. Maximum inflow to Peck
Reservoir from the West Orange County Water Board OC 35 connection is 9,000 gpm.
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It is assumed that all wells and OC-35 could be operating in low demand periods and the
reservoirs must provide system pressure relief into the reservoir or tanks. The combined
maximum reservoir inflow could be as high as 19,300 gpm. All combinations of
isolation and operation of reservoirs and wells must be considered in the design.
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34. Concrete Structures and Prestressed.Concrete Tank
Design of concrete reservoir structures shall carefully consider watertightness, structural
integrity and durability. The structures shall be designed to retain potable water with
resistance to liquid permeation though the use of quality concrete, proper design of joint
details, and adequate reinforcement.
Cast-in-place concrete for the water reservoir shall adhere to the objectives of ACI 350R
for design and analysis, watertightness, and durability. Reinforced concrete structures
must be designed for both strength and serviceability. Shrinkage cracking must be
controlled. Considerations must be made to control calculated deflections and crack
width. As recommended by ACI 350R, durability and serviceability coefficients must be
adjusted.
Concrete mix design and placement are critically important to the successful long term
performance of water containing concrete structures. Before proceeding with
construction, the Design-Builder shall furnish to the City for approval a comprehensive
engineering evaluation and letter report submittal regarding concrete mix design and
related placement and curing requirements. The purpose of this supplemental report is to
provide a technical commentary regarding the design of the structural concrete and how
placement and curing are to be carried out to assure long term performance of the
concrete structure(s). The report should address how the City will be assured that
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shrinkage is controlled, watertightness is provided and high quality concrete structures
will be built. This report shall supplement other code requirements of the Department of
C Building and Safety regarding mix design, detailed design drawings, and construction
specifications.
Unless otherwise recommended by code or standard to be of a higher value, structure
footings, slabs-on-grade, columns, walls, and other structural elements shall have a
�- minimum ultimate compressive strength of 4,000 psi at 28 days and reinforcing steel
shall be grade 60 except 94 bars or smaller may be grade 40. Design stress levels
requiring special inspection shall be noted.
Detailed design provisions for concrete work shall be stated including requirements for
form ties, patching, sealing, release times and other curing requirements.
Quality assurance shall comply with ACI 117. All troweled finish floors shall achieve an
FF25/FL20 tolerance. All float finished slabs shall achieve an FF20/FL17 tolerance.
Prestressed wire-wrapped concrete tanks are acceptable alternatives if designed in
accordance with AWWA D110. Total usable volume shall equal 9 million gallons.
Tanks shall be multi-strand wire wrapped. Horizontal tendon tanks are not acceptable.
Prestressed tanks shall be constructed by a company experienced in the construction of
externally machine wrapped strand wound, circular, prestressed concrete tanks. The
Design-Builder shall have, as a minimum, designed and constructed at least three similar
r facilities within the last seven (7)years. Design-Build teams can be developed
specifically for this project and individual team member experience will satisfy detailed
experience requirements.
Prestressed concrete tank design shall incorporate satisfactory response under seismic
conditions and incorporate a"freed" condition between wall and wall footing. Vertical
galvanized threadbar prestressing tendons shall be epoxy encased. The continuous
machine wrapping of galvanized multiwire strand circumferential prestressing must
provide the desired bond with the shotcrete and achieve the designed stressing force.
Prestressed concrete tank walls shall have a minimum compressive strength of 5,000 psi.
Tank floor and roof slabs, columns and drop panels, and shotcrete shall have a minimum
compressive strength of 4,000 psi.
35. Corrosion Control and Engineering
The Design-Builder shall incorporate the services of a qualified corrosion engineer to
evaluate the components and service conditions of the entire project including
connections to the existing piping, new piping, reinforced concrete reservoir, or
prestressed concrete tank. The internal reservoir environment and external soil
corrosively shall be evaluated and the design shall incorporate corrosion control
strategies.
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Those areas of the existing Peck Booster Pumping Station that are modified within the
scope of this project shall include corrosion protection. Areas within the project
boundaries not disturbed by the project activities are not the responsibility of the Design-
Builder except as they interface with the new work. Those areas at the interface shall be
protected from further corrosion by the new work.
Prior to beginning construction, the Design-Builder shall submit a letter report, signed by
�-, the corrosion engineer, indicating that all of the above corrosion factors were considered
in the design.
36. Roof Structures
Long life and minimum maintenance are essential. Minimum live roof loads shall be 30
psf or building code requirements, whichever is greater. Floating covers are not
acceptable. Roofing systems must eonsider long service life and minimum maintenance.
The Design-Builder must consider interaction of materials and environmental effects to
develop the best proposal for a roofing system. If a metal surface is included in the
design, the finish protective coating must include a 25 year guarantee. Design shall
r' comply with all local codes and high exposure wind uplift requirements. Internal
supporting columns shall be reinforced concrete. Other roof supporting structures can be
of various materials including steel or prestressed concrete. Timber may be used if not
directly exposed to water and properly designed for potable water use and ventilated to
not deteriorate from the exposed environment. Thermal differential expansion and
C' contraction shall be considered in the design.
Water quality protection and coating systems are dependent on the chosen design. If
underside-coating systems are required, they must meet NSF approval for use in a potable
water environment. Seismic design and deflection control shall be provided in the
r, detailed design. External drainage must be effective for diversion of rain and sanitary
protection of the contained water. Long term deflections must be considered and
adequate drainage provided. The reservoir interior environment shall be designed for
moist conditions and adequate ventilation shall be designed to control condensation and
provide corrosion protection. Inspection, water quality sampling, and maintenance
access shall be provided. Roof support columns shall be designed for minimum
maintenance.
37. Timber Roof Framing
Lumber for roof framing members and trusses shall be No. 1 Alaskan yellow-cedar,
meeting the requirements of the Western Wood Products Association(WWPA) grading
rules. All lumber shall be grade marked. Plywood roof sheathing shall be Western Red
Cedar exterior plywood manufactured in accordance with UBC Standard 25-9. All
Plywood shall have an American Plywood Association backstamp.
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Glue-laminated beams shall be heartwood Alaskan yellow cedar manufactured for use in
wet service. Beams shall conform to American Institute of Timber Construction
Standards and grade quality marked and certified.
38. Structural Steel
Structural Steel shall meet the requirements of ASTM A 36 and ASTM A 500, Grade B
C' for steel tube, or ASTM A 53, Type S, Grade B for steel pipe columns. Structural Steel
shall be protected from corrosion. Detailed design shall consider the operating
environment and determine the appropriate materials and corrosion protection required.
Timber framing shall use stainless steel for joist hangers, beam supports and fasteners.
The type of stainless steel (type 304 or 316L, as example) shall be as recommended by
the corrosion engineer for the environmental conditions. Submerged ladders, hand rails,
gratings and other features shall be stainless steel. Screening for ventilation shall be non-
corrosive. The preferred standard is'to use stainless steel elsewhere for bolting, and ofher
fasteners, and other miscellaneous steel; however, the design and corrosion engineer may
consider hot-dipped galvanized steel, or other materials where appropriate and acceptable
r, to the City. All welding shall be performed in accordance with AWS D1.1.
39. Site Drainage Improvements
Drainage within the existing Peck Reservoir site is substandard and improvements to the
site drainage system are included within the scope of work for this project. The Design-
Builder shall develop the necessary surface drainage improvements for the existing Peck
Reservoir property and combine with the drainage plan for the Peck Reservoir Expansion
Project. A 24-inch diameter HDPE drainage lateral from Skylab Road is the intended
drainage connection. The inlet capacity to that drain is approximately 13.5 cfs.
Drainage of emergency spillway flows exceeding the storm drain capacity shall be
directed to the entrance driveway to Springdale Street. The Design-Builder must develop
best management practices plan incorporating structural and non-structural practices for
construction and long term operation of the Project.
40. Landscape Improvements
Shall meet the requirements of the McDonnell Douglas Specific Plan and City standards,
and receive Design Review Board approval. Appropriate landscape improvements must
be developed that include automatic irrigation controllers.
41. Off-Site Fabrication
Fabricators shall be City and UBC approved. Certificates of Compliance for all offsite
fabrication shall be provided for trusses, glue-laminated members, precast concrete,
structural steel, and other major structural elements.
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42. Existing Well Site Modifications and Improvements
Modification of chlorine storage facilities for water Well No. 7 to provide secondary
containment is a separate project planned within the existing reservoir site and is not
included within the scope of work for this Design-Build project.
Refer to the Black and Veatch report dated January 20, 2000 for a description of the
r proposed Water Well Site Chlorine Room Modifications. The location of the proposed
chlorine containment enclosure for Well No. 7 has been changed to a vacant area north of
the engine building as shown on the Peck Reservoir Expansion Project preliminary layout
reference drawing. The installation of these improvements for Well No. 7 is not included
within the scope of work for the Design-Builder for the Peck Reservoir Expansion
Project; however, the Design-Builder is responsible for all site paving and drainage
improvements in the general area.
Pump to waste drainage improvements are required for Well No. 4, Well No. 7 are also
included within the scope of work for the Design-Builder for the Peck Reservoir
Expansion Project. This work must be incorporated into the overall site drainage
improvements by the Design-Builder. Pump to waste for each well shall be sized to
handle full flow of up to 3,000 gpm from Well No. 4 and 3,800 gpm from Well No. 7,
and 3,500 gpm from future Well No. 13. It is assumed that wells would pump to waste
non-concurrently.
43. Future Well No. 13 Improvements
A concurrent project is also underway to drill new water Well No. 13. The Design-
Builder must allow clear space at the rear or westerly end of the new reservoir for
construction of Well No. 13. It is anticipated that drilling and initial development of the
subsurface portion of the well will be completed within the next three (3) months. The
Design-Builder must accommodate and provide access to an independent contractor to
perform its drilling and well development operations. It is necessary for the driller to
place Baker type tanks and other drilling equipment and materials near the well site for
its construction. The duration of subsurface construction for Well No. 13, including
logging, isolation testing and other well development is estimated to take 60 calendar
days or less once initiated.
The Design-Builder shall include within its scope a 12-inch diameter pipe turnout for
connection to the proposed well. The detailed design of Well No. 13 has not been
initiated; however, it is anticipated to be a natural gas driven pump located within a
building enclosure. Disinfection will also be included in the same manner as Black and
Veatch proposed for Well No. 7. Since the reservoir expansion project will precede Well
No. 13 development, the Design-Builder must furnish and install four(4) 2-inch diameter
conduits and pull boxes and pull strings for future electrical, signal, and control wiring
for the proposed well. Pull boxes must begin at a location near the proposed well and
terminate at the Peck Booster Pumping Station.
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Pump to waste drainage improvements will be required for future Well No. 13 and must
be considered within the scope of work for the Design-Builder for the Peck Reservoir
C' Expansion Project.
44. Seepage and Monitoring Systems
The preliminary geotechnical report by GPI dated August 1999 indicates relatively
(7 shallow groundwater. Soils between 9 and 14 feet below existing grade appeared to be
saturated. The Design-Builder shall develop a new reservoir design that considers
saturated soils and protection from flotation. Continuous pumping of groundwater to
storm drain waste is not acceptable. However, some reservoir seepage and protection
from perched water is expected and must be considered in the design.
Design shall incorporate underdrain leak detection monitoring and alarm connections to
the existing SCADA system located-within the Peck Booster Pumping Station. -
Underdrain systems required to protect the facilities from buoyant floatation must include
reliable redundancy and shall include alarm provisions. Prior to construction, the Design-
Builder shall submit to the City a letter report prepared by a professional engineer and/or
engineering geologist indicating how the design will provide adequate protection of the
facilities.
45. Security and Safety
Security and safety of operations are important considerations for the Design-Builder to
address. Low level lighting shall be provided for use by operators and must be
compatible with the surrounding neighborhood and in conformance with the McDonnell
Douglas Specific Plan. Modification of the entry gate should incorporate a keyed access
automatic gate controller. Additional site enhancements, including aesthetic fencing
improvements, shall be developed by the Design-Builder and must be compatible with
the adjacent industrial building utilizing architectural enhancements, such as, wrought
iron fence sections with masonry or concrete intermediate pilasters or columns. Height
of new wall or fences are subject to the requirements of the McDonnell Douglas Specific
Plan and require Design Review Board Approval. Improvements to the existing
masonry wall along Springdale Street and relocation of the main entry gate are also
anticipated.
46. Graffiti Protection
Consideration shall be made for protect surfaces from graffiti. Anti-graffiti coatings or
materials shall be considered for exterior walls and fence surfaces subject to vandalism.
47. Paving
_ Asphalt paving shall be provided per approved geotechnical design recommendations,
including subgrade preparation, and base material. Perimeter roadway design shall
consider heavy equipment loading and the minimum asphalt surface course shall be 3-
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inches over 6-inch base. Entry and parkway improvements are subject to approval by the
Planning Department and Design Review Board. Portland cement concrete slabs and
aprons shall be provided at entry driveways access landings and other locations as
required by the design to provide safe and functional facilities requiring minimal long
term maintenance. Architectural stamped concrete at entrance sidewalks or other detail
aesthetic improvements may be required by the design.
�- 48. Start-Up and Testing
The Design-Builder shall be responsible to prepare a detailed start-up and testing work
plan and schedule. The plan must be presented to the City for approval no later than 60
days prior to project completion.
C,
49. Disinfection and Leak Testing
All hydrostatic and leakage testing of pressure pipelines shall be done separately from
reservoir testing by the Design-Builder in accordance with City standards and AWWA
M11.
All reservoir and tank leak testing and shall be performed and disinfection provided by
the Design-Builder in accordance with AWWA C651 and C652 with the following
requirements:
• After filling the reservoir or tank, the water level shall be held to the overflow line for
two weeks for absorption and stabilization.
• Allowable leakage shall not exceed 0.05 of 1 percent of total capacity for a period of
24-hours after correcting for evaporation losses.
• The reservoir or tank, the inlet, outlet and drain lines shall be examined for evidence
of leaks.
• All leaks shall be repaired to the satisfaction of the City.
• Leakage testing may be conducted with the disinfection to conserve water.
• Visible leakage is not allowed and must be repaired, regardless of leakage rate.
• Leaks in floor or wall joints may be detected with the aid of a diver.
• Floor, wall, footing, column and roof cracks, which may have developed from drying
shrinkage, shall not be taped or chipped out and caulked. All cracks shall be repaired
by approved methods, such as, with the use of two part water insensitive epoxy.
• Leakage through joints, which may have resulted from displaced waterstops or
honeycomb under or around waterstops shall require the removal of concrete around
the waterstops in the suspected areas.
• The City shall approve proposed repair methods.
• Minor damp spots may be monitored during the first 6 months of operation. If damp
spots persist after the first 6 months of operation, they shall be repaired.
• Any areas that are exposed to contamination during the repair work shall be
disinfected and re-tested.
• Water from testing shall be disposed of in accordance with Regional Water Quality
Control Board requirements.
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20
C,
• The City will provide all water for initial testing and disinfection purposes. The cost
of water required for re-testing and disinfection that cannot be consumed within the
(' distribution system will be the responsibility of the Design-Builder.
50. Water Quality Testing
The Design-Builder shall employ a qualified independent testing company, approved by
�- the City, for final testing and certification. Bacterial tests shall conform to City water
quality standards and AWWA C651 and C652.
51. Project Close Out
�. Before final acceptance by the City of all work,the Design-Builder shall provide the City
with certification that the constructed work was completed in conformance with the
approved design, met the design and performance standards, employment, clearance's;
construction releases, and approvals from all regulatory agencies were obtained.
The Design-Builder shall compile and furnish to the City in organized and indexed files
all permits, and agency approval documents at the conclusion of the project and deliver to
the City together with as-built drawings and specifications of the constructed work.
The City will then issue and record a Notice of Completion at which time the warranty
period shall begin. The Design-Builder shall warranty the work as required in the
Agreement and the City shall have the option to exercise the extended warranty.
END OF SECTION
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21
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
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C'
ATTACHMENT B
Sample City Contract
C'
• SAMPLE
DESIGNBUILD AGREEMENT
THIS DESIGNBUILD AGREEMENT(the"Agreement'),made and entered into this
day.of. ,2000, (the "effective date")by and between the CITY OF .
HUNTINGTON BEACH, a municipal corporation of State of California, hereinafter referred
to as "CITY", and a corporation,hereinafter
referred to as "DESIGNBUILDER."
Hereinafter, the CITY and the DESIGNBUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, and construction
("Project");
WHEREAS,the CITY issued a Request For Proposals for the Project on
2000 ("RFP'); and
WHEREAS,DESIGNBUILDER submitted a proposal to CITY in response to the RFP
on ("Proposal"),
WHEREAS,based upon the evaluation criteria and competitive selection procedure set
forth in the RFP,DESIGNBUILDER has been selected to perform, both directly and through
any subcontracts it may enter into, the design, engineering and construction services set forth in
this Agreement and the Contract Documents.
NOW, THEREFORE,it is agreed by CITY and DESIGNBUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The"Work" is the scope of services to be performed and/or provided by
DESIGNBUILDER pursuant to and as required by all Contract Documents including,but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGNBUILDER shall design, engineer,procure materials and supplies,
construct, cause to be constructed, deliver, erect, commission, start-up, test.complete and
warranty the Project, consisting of all necessary materials, labor, supervision,machinery,
equipment, cranes, facilities, tools, supplies and structures including thosd reasonably inferable
from the Contract Documents and necessary to produce the stated result even though no mention
thereof is made in the Contract Documents.
1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
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B. Preparationf of documents for CEQA compliance and Design Review Board approval;
C. Securing of all applicable permits and"approvals required by any federal,state,county
t' or local agency, including CITY;
D. Preparation of Constructioa Documents;
E. Construction of the Project; and
r
F. Start up and testing.
1.03 DESIGNBUILDER hereby designates , an individual,
who shall represent DESIGNBUILDER and be its sole contact and agent in all consultations
r -with CITY during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The"Contract Documents"shall consist of the following documents, all of which
are either.attached hereto as Exhibits or are incorporated into this Agreement by this reference,
with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the effective date of this
Agreement. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part hereof as follows:
B. The RFP, including design criteria and performance requirements, attached hereto as
Exhibit A;
C. The DESIGN/BUILDER's Proposal, attached hereto as Exhibit B;
D. The Faithful Performance Bond attached hereto as Exhibit C; '
E.- The Payment Bond attached hereto as Exhibit D;
F. The Warranty Bond attached hereto as Exhibit E;'
G. Construction Documents, upon approval by CITY in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
.proposal of DESIGN/BUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said Proposal which is in conflict herewith.
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2.04 This Agreement, together with all other Contract Documents constitutes the entire
Agreement between the Parties hereto and all other representations or statements heretofore
made, verbal or written, are merged herein. This Agreement may be amended only by written
modification executed by duly authorized representatives of the Parties hereto or according to the
Change Order procedure set forth herein.
ARTICLE 3
CITY'S DUTIES AND RESPONSIBILITIES
3.01 CITY's Designation of Authorized Representative. The CITY shall designate,
from time to time, in writing directed to DESIGNBUILDER, one or more representatives
authorized to act on the CITY's behalf with respect to the Project.
3.02 CITY's Right To Award Separate Contracts. The CITY reserves the right to
-perform Work or operations related to the Project,with the CITY's own forces, and to award
separate contracts in connection with the Project. The consent or permission of
DESIGNBUILDER shall not be needed or required in this regard.
3.03 CITY's Right To Stop The Work. If the DESIGN/BUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance with
the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGNBUILDER to stop the Work, or any portion thereof until the CITY reasonably
determines that the cause for such stop order has been eliminated. The CITY's right to stop the
Work is in addition to the CITY's right to terminate set forth herein.
3.04 CITY's Right To Carry Out The Work. If the DESIGNBUILDER defaults and
neglects to carry out the Work in accordance with the Contract Documents or fails to perform
any of its obligations under the Contract Documents, the CITY may, after forty-eight (48) hours
written notice to the DESIGNBUELDER, and without prejudice to any other remedy the CITY
may have, at its own cost and expense, make good on such deficiencies. In such case, an
appropriate Change Order shall be issued deducting from the payments then or thereafter due the
DESIGNBUILDER the cost of correcting such deficiencies. If the payments then or thereafter
due the DESIGNBUILDER are not sufficient to cover such amount, the DESIGNBLUDER
shall pay the difference to the CITY within thirty(30) days of written demand from the CITY.
ARTICLE 4
TIIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNBULLDER confirms that the Contract Time (as hereinafter defined) is a
reasonable period for performing the Work. DESIGNBUILDER agrees to commence Work
immediately upon receipt of a written Notice to Proceed issued by the CITY, to continue
performance of the Work in a diligent and workmanlike manner, to achieve Substantial
Completion of the Work within 840 calendar days after the date of issuance of the Notice to
Proceed and to achieve Final Completion of the Work within the time fired by the City in its
Certificate of Substantial Completion (the "Contract Time"). The Contract Time may be
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extended only with the written permission of the CITY. Substantial Completion, as used in this
Agreement, means completion of construction and start-up testing.-
4.02 Schedules. The planning, design, construction and completion of the Project shall
be undertaken and completed in accordance with the baseline Project Schedule to be provided to
the CITY within thirty(30) days after issuance of the Notice to Proceed. The Project Schedule
shall define major design and construction activities, their sequences and elapsed completion
time from the date of the Notice to Proceed. The Project Schedule shall be updated throughout
the performance of the Work. The Project Schedule may be amended to benefit the Project if
mutually agreed by the CITY and DESIGNBUILDER in writing.
4.03 Delays and Extensions of Time.
A. If the DESIGNBUILDER is delayed in the progress of the Work by acts or
neglect of the CITY, CITY's employees, separate contractors employed by the
CITY, changes ordered in the Work not caused by the fault of
DESIGNBUILDER, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, or other causes
beyond the DESIGNBUILDER's control, then the Date of Substantial
Completion shall be extended for a period equal to the length of such delay if,
within ten (10) calendar days after the beginning of any such delay, the
DESIGNBUILDER delivers to the CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request shall
not be unreasonably withheld.
B. An extension of time shall be the DESIGNBUILDER's sole remedy for any such
delay unless the same shall have been caused by acts constituting intentional
interference by the CITY with the DESIGNBUILDER's performance of the
Work where such acts continue after the DESIGNBUILDER's written notice to
the CITY of such interference. In the event the DESIGNBUILDER's work has
been delayed by acts constituting intentional interference by the CITY, the
DESIGNBUILDER shall be entitled to reimbursement for its reasonable
additional costs resulting from such delays but not for any additional profit or
overhead.
4.04 Liquidated Damages. DESIGNBUILDER and CITY recognize that time is of the
essence of this Agreement and that CITY will suffer substantial economic damage if the Work is
not completed within the times specified hereinabove, plus any extensions thereof allowed in
accordance with this Agreement. The Parties also recognize the extent of such damages shall be
incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of
this Agreement, the amount of liquidated damages set forth below represents a good faith
estimate as to the actual potential damages that the CITY would incur as a result of late
Substantial Completion of the Project. The amount of the liquidated damages calculated
,hereunder dues not include any penalty.
4.05 Amount of Liquidated Damages. If the DESIGNIBUILDER fails to achieve
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Substantial Completion of the Work on or before the date specified hereinabove,
DESIGNBUILDER and its surety shall pay to the CITY liquidated damages in the amount of
One Thousand Five Hundred Dollars ($1,500.00)per day for each day the date of Substantial
Completion is delayed beyond the date set forth iri this Agreement. It is further mutually
understood and agreed between CITY and DESIGN/BUILDER that the sums of liquidated
damages set forth above are additive for each and every day of delay in the event that Substantial
Completion is so exceeded. It is further understood and agreed upon by and between CITY and
DESIGNBUILDER that liquidated damages may be assessed against progress payments or
retainage and that CITY will issue a deductive Change Order for the amount specified herein and
will reduce the Contract Price accordingly. In the event the remaining, unpaid Contract Price is
insufficient to cover the full amount of assessed liquidated damages, DESIGN/BUILDER or its
surety shall pay the difference to CITY on demand. This paragraph shall not limit the CITY's
ability to seek and obtain additional legal remedies or damages that result from breaches of the
Contract Documents by the DESIGNBUILDER,.other than those caused by delay in achieving
_Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGNBUILDER's performance of the Work described
herein, including the optional five (5) year extended warranty period, CITY agrees to pay
DESIGN/BUILDER the Lump Sum Contract Price of: Dollars (S ;
in accordance with the payment procedures set forth in Article 6 herein. Except as otherwise
provided in the Contract Documents, the Contract Price will fully compensate
DESIGNBUILDER for all Work performed by it, as required by the Contract Documents and
this Agreement.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and
within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the
DESIGN/BUILDER shall submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include all overhead and profit applicable to each
item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a basis for
payment.
6.02 Application For Payment.
A. The DESIGNBUII.,DER shall deliver to the CITY on the tenth (10) day of each
month, an Application for Payment covering the Work performed during the
preceding month. The first application for payment should be delivered to CITY
by DESIGN/BUILDER's completion of Milestone 91 of the Milestone Payment
Schedule. Thereafter, the DESIGNBUILDER shall deliver monthly applications
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for payment to CITY as provided for immediately above. Each Application for
Payment shall constitute a representation by the DESIGNBUILDER to the CITY
that, the design and construction have progressed to the point indicated, the
quality of the Work covered by the Application is in accordance with the Contract
Documents, and the DESIGNBUILDER is entitled to payment in the amount
requested.
B. In submitting each Application For Payment; DESIGNBUILDER warrants that
title to all Work covered by each Application for Payment shall pass to the CITY
no later than the time of payment. The DESIGNBUILDER further warrants that
all Work covered by the previous Application for Payment is free and clear of all
liens, claims, security interests or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the DESIGNBUILDER
that the Work has been performed in accordance with the provisions of
this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGNBBUILDER for the previous Application
for Payment.
6.03 . Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGNBUILDER is making satisfactory progress toward completion of Work in
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accordance with this Agreement, CITY shall promptly approve the Application, in
which event payment shall be made within thirty(30) days of receipt of the
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an Application' for Payment, CITY shall notify
DESIGNBUILDER in writing of the reasons for non-approval, within seven (7)
calendar days of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGNBUILDER for the percentage of Work completed through the period
covered by the Application for Payment less 10% retainage.
C. The DESIGN/BUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGNBUILDER's performance under
the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or because
of subsequently discovered evidence or observations, shall nullify the whole or any part of any
payment previously issued, to such extent as may be necessary to protect the CITY from loss
because of:
A. Defective work not remedied;
B. Third parties claims filed which constitute reasonable evidence indicating
probable filing of such claims;
C. Failure of DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGNBUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DESIGNBUILDER considers that the Work
is Substantially Complete, the DESIGNBUILDER shall prepare and submit to the CITY a
request for issuance of a Certificate of Substantial Completion and a comprehensive list of items
to be completed. The DESIGNBUILDER shall proceed promptly to complete and correct the
items. Failure to include an item on the DESIGNBUILDER's list does not alter the
responsibility of the DESIGNBUILDER to complete all Work in accordance with the Contract
Documents. Upon receipt of the DESIGNBUILDER's request for issuance of a Certificate of
Substantial Completion, the CITY will make an inspection to determine whether Substantial
Completion has occurred. The CITY may either reject the DESIGNBUILDER's request for
issuance of a Certificate of Substantial Completion or issue a Certificate of Substantial
Completion with the punchlist items of Work to be completed or corrected ("Punchlist") and
fixing the time within which DESIGNBUILDER shall complete the Punchlist items and achieve
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Final Completion.
6.06 Final Completion and Final Payment.
A. When the DESIGNBUILDER considers that the Work is finally complete, the
DESIGNBUILDER shall so notify the CITY. The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the
recordation of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGNBUILDER until ninety(90) days following CITY's recordation of a
Notice of Completion and the DESIGNBBUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
_ indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligations such as
receipts, releases and waivers from all persons or entities legally eligible
to file stop notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGNBUILDER
shall constitute a waiver of affirmative claims by the DESIGNBUMDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCUMENTS
7.01 Use of and Title to Materials. DESIGNBUIL,DER agrees that all materials
prepared hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or
as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of amounts
'determined by CITY to be earned by DESIGNBUILDER to the point of termination or partial
completion or total completion of the PROJECT, whichever is applicable. DESIGNBUILDER
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shall be entitled to retain copies of all data prepared hereunder.
7.02 Delivery of Work Product. A.copy of every technical memorandum and report
prepared by DESIGNBUILDER shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such work product,
CITY shall identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGNBUMDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda, written amendments,
change orders, field orders and work change directives, in good order and annotated to show all
changes made during construction ("Record Documents"). These Record Documents, together
ZIP
with all approved submittals, will be available to CITY for reference. Upon completion of the
Work, these Record Documents and submittals, including a reproducible set of Record
Drawings,will be delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGNBUILDER represents that it has
taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has
investigated and satisfied itself as to the general and local conditions which may affect cost,
progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor, water, power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the Project Site;
E. The surface conditions of the ground at the Project Site; and
F. character of the equipment and facilities needed prior to.and during the performance
of the Work.
8.02 Review of Contract Documents and Field Conditions.
A. DESIGNBUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the The Request for
Proposals. The DESIGNBUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
B. DESIGNBUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
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conditions-in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGNBUILDER shall take field measurement and verify field conditions and
shall carefully compare such field conditions and other information known to the
DESIGNBUILDER with the Contractor Documents before commencing the Work.
D. DESIGNBUILDER has correlated the information known to DESIGNBUILDER,
information and observations obtained from visits to the Project Site, reports and
drawings identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
E. DESIGNBUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGNBUILDER has discovered in the Contract
Documents and the written resolution thereof by CITY is acceptable to
DESIGNBUILDER, and the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performance and furnishing
of the work.
F. DESIGNBUILDER is aware of the general nature of work to be performed by CITY
and others at the Project Site that relates to the Work as indicated in the Contract
Documents.
8.03 Legal Requirements. DESIGNBUILDER represents to the CITY that it is
familiar with and is satisfied as to all federal, state, county and local laws and regulations that
may affect cost, progress, performance or furnishing of the Work. The DESIGNBUILDER
shall comply with all applicable laws and shall give applicable notices pertaining thereto. The
DESIGNBUILDER shall prepare and file with the CITY all such documents required to obtain
the necessary approvals of governmental authorities having jurisdiction over the Work and/or the
Project and shall secure and pay for all permits and governmental fees, licensees and inspections
necessary for the proper execution of the Work and completion of the Project.
8.04 Before Starting Work.
A. The DESIGNBUILDER shall furnish the necessary bonds and insurance to CITY
within ten (10) days from award of the contract and prior to the issuance of the
Notice of Proceed.
B. DESIGNBUILDER shall submit the following for review within thirty(30)
calendar days after issuance of the Notice to Proceed:
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
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2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal; and
3. A preliminary Schedule of Values and Cash Flow Projection.
8.05 Initial Conference. Within thirty(30) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten(10) days before submission of the first Application for Payment, a
conference attended by DESIGNBUILDER, CITY and others as appropriate,will be
held to review for acceptability the required submittals. DESIGNBUILDER shall.
have an additional ten (10) calendar days to make corrections and adjustments and to
complete and resubmit the documents. No progress payment shall be made to
DESIGNBUILDER until the submittals are acceptable to CITY as provided below.
B. The Project Schedule will be acceptable to CITY as providing an orderly progression
of the Work to completion within any specified Milestones and the Contract Time,
but such acceptance will neither impose on CITY responsibility for the sequencing,
scheduling or progress of the Work nor interfere with nor relieve DESIGN/BUILDER
from DESIGNBUILDER's full responsibility therefor. The format and structure of
the Project Schedule will be as set forth in the Contract Documents and approved by
CITY. CITY's acceptance shall not be deemed to confirm that the schedule is a
reasonable plan for performing the Work. DESIGNBUILDER's Schedule of
Submittals will be acceptable to CITY as providing a workable arrangement for
reviewing and processing the required Submittals.
C. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be
acceptable to CITY as to form and substance.
ARTICLE 9
DESIGN PHASE SERVICES
9.01 Standard of Care. All design services to be performed by DESIGNBUILDER and
its employees, agents and subcontractors shall be performed in an expeditious and professional
manner using architects, engineers and other professionals properly licensed and duly qualified
in the jurisdiction in which the Project is located. The professional obligations of such persons
shall be undertaken and performed in the interest of the DESIGNBU]LDER. All design
services performed pursuant to this Agreement shall be provided with the standard of judgment,
care, knowledge and skill which prevails among design professionals engaged in practice within
Southern California under the same or similar circumstances, including the design and
construction of an improvement such as this Project in compliance with the CITY's requirements
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and performance criteria.Nothing in this article shall create,or be deeded to create, a
contractual relationship between such persons or entities and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within the
times set forth in the Project Schedule accepted by CITY, DESIGNBUII.DER shall:
A. Consult with CITY to discuss CITY's requirements for the Project and review
available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports, data or services and assist CITY in obtaining such reports,
data, or services;
C. Identify and analyze requirements of govemmental authorities having jurisdiction
over the Project in order to approve the portions of the Project designed or
specified by DESIGN/BUILDER with whom consultation is to be undertaken-in
connection with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of
Project components, outline the nature and structural exterior and three
dimensional scale of the Project and which shall fix and describe in detail the
configuration and character of the Project;
E. Upon approval of the Conceptual Plans, prepare Preliminary Design Documents
consisting of final design criteria, preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the
size, quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and thereafter review them with
CITY for approval within the time indicated in the approved Project Schedule.
DESIGNBUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary Design,
Documents DESIGNBUILDER shall:
A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGNBUMDER including
technical drawings, schedules, diagrams and specifications (which will be
prepared, where appropriate, in general conformance with the sixteen division
format of the Construction Specifications Institute) setting forth in sufficient
detail for the requirements for construction of the Work which shall provide
information customarily necessary for the use of those in building trades.
B. Provide technical criteria, written descriptions and design data required for
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obtaining approvals of such governmental authorities as have jurisdiction to
review or approve the final design of the Project, and assist CITY in consultations
with these approving governmental authorities.
C. Furnish the above documents, drawings and specifications to and review them
with CITY for approval within the time indicated in the approved Project
Schedule. DESIGN/BUILDER shall not proceed with the Construction Phase
unless and until it receives written authorization from CITY to do so.
ARTICLE 10
CONSTRUCTION PHASE SERVICES
10.01 General.
A. Construction services shall be performed by DESIGNBUII.DER and/or by qualified
and licensed contractors, subcontractors and suppliers who are selected, paid and--
acting in the interest of the DESIGN/BUILDER. DESIGNBUILDER shall provide
or cause to be provided and shall pay for design services, labor, materials, equipment,
tools, construction equipment and machinery, water, heat, utilities, transportation and
other facilities and services necessary for proper execution and completion of the
Work,whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
B. The DESIGNBUILDER shall be responsible for and shall coordinate all construction
means, methods, techniques, sequences and procedures.
C. The DESIGNBUILDER shall keep the CITY informed of the progress and quality of
the Work.
D. The DESIGNBUILDER shall keep the Project Site free from accumulation of waste
materials or rubbish caused by the DESIGNBUILDER's operations. At the
completion of construction of the Work, the DESIGNBUILDER shall remove from
and about the Project Site the DESIGNBUII.DER's tools, construction equipment,
machinery, surplus materials, waste materials and rubbish.
10.02 Supervision and Superintendent of Construction. .
A. DESIGNBUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to provide the construction in accordance with the Contract
Documents. DESIGNBUILDER shall be solely responsible to see that the
completed construction complies accurately with the Contract Documents and shall
keep CITY advised as to the quality and progress of the Work.
B. DESIGN/BUILDER shall keep on the Site at all times during construction a
competent resident superintendent, who shall not be replaced without written notice
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any time, to.direct a change in the DESIGN/BUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGN/BUILDER's representative at the Project Site and
shall have authority to act on behalf of DESIGNBUILDER. All communications to
the superintendent shall be as binding as if given to DESIGNBUILDER.
10.03 Labor,Materials and Eguipment.
A. DESIGNBUILDER shall provide competent, suitably qualified personnel to
survey and lay out the construction and perform construction as required by the
Contract Documents. DESIGNBUILDER shall at all times maintain good
discipline and order at the Site. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or adjacent thereto, and
except as otherwise indicated in the Contract Documents, all construction at the
Site shall be performed during regular working hours, and DESIGNBUILDER
will not permit overtime work or the performance of construction of Saturday,
Sunday or any legal holiday without CITY's written consent,which will not be
unreasonably withheld.
B. Unless otherwise specified in the Contract Documents, DESIGNBUILDER shall
furnish or cause to be furnished and assume full responsibility for materials,
equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary
facilities and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work. DESIGNBUILDER,
in the presence of CITY's personnel, will direct the checkout of utilities and
operations of systems and equipment.
C. All materials, supplies and equipment incorporated into the Work shall be of good
quality and new, except as otherwise provided in the Contract Documents. All
war nties and guarantees specifically called for by the Contract Documents shall
expressly run and enure to the benefit of CITY. If required by CITY,
DESIGNBUILDER shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials, supplies and equipment. All
materials, supplies and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions of the applicable
supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
START-UP AND TESTING
11.01 During the start-up and testing phase, DESIGNBUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting
of any equipment or system.
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B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGNBUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGNBUILDER shall not be required to employ any subcontractor, engineer, supplier or
other individual or entity to furnish or perform any of the Work against whom
DESIGNBUILDER has reasonable objection.
12.02 DESIGNBULDER shall be fully responsible to CITY for all acts and omissions
of the subcontractors, engineers, suppliers and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract with DESIGNBUILDER.
Nothing in the Contract Documents shall create for the benefit of any such subcontractor,
engineer, supplier or other individual or entity any contractual relationship between CITY and
any such subcontractor, engineer, supplier or other individual or entity, nor shall it create any
obligation on the part of CITY to pay any subcontractor, engineer, supplier or other individual or
entity except as may otherwise be required by laws and regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGNBUILDER. DESIGNBUILDER
shall require all subcontractors, engineers, suppliers and such other individuals and entities
performing or fumishing any of the Work to communicate with the CITY through
DESIGNBUILDER.
12.04 All services performed or provided to and all materials and equipment supplied to
DESIGNBUILDER by a subcontractor or supplier will be pursuant to an appropriate design
sub-agreement or construction sub-agreement between DESIGNBBUILDER and the
subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or
supplier to the terms and conditions of the Contract Documents for the benefit of CITY.
Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGNBUILDER and the subcontractor, engineer or supplier will contain provisions whereby
the subcontractor, engineer or supplier waives all rights against CITY, DESIGNBUIIDER,
CITY's consultants and all other additional insureds for all losses and damages caused by any of
the perils or causes of loss covered by such policies and any other property insurance applicable
to the Work. If the insurers on any such policies require separate waiver forms to be signed by
any subcontractor, engineer or supplier, DESIGNBUILDER will obtain the same.
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ARTICLE 13
BONDS
13.01 DESIGNBUILDER shall,prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGNBUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of three (3) years after CITY's acceptance
thereof, and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VE or better
in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the proposed
surety must meet comparable standards of another rating service satisfactory to CITY. Bonds
issued by a surety listed in the latest version of the U.S. Department of Treasury Circular 570
shall be deemed to be acceptable unless specifically rejected by CITY. Bonds from sureties not
listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in
California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work to
be performed thereunder shall in any way affect its obligations and shall waive notice of any
such change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14
INDEMNIFICATION
14.01 To the fullest extent permitted by law, the DESIGNBUILDER hereby assumes
liability for and agrees to indemnify, defend and hold harmless, the CITY, its officers, officials,
agents, employees, and representatives (hereinafter referred to as "Indemnities") from and
against any and all claims, demands, defense costs, actions, suits, expenses of any kind
whatsoever, arising out of or encountered in connection with this Agreement or the prosecution
of the Work under it (including but not limited to errors or omissions in design or design-build
work for which DESIGN/BUILDER and/or its subcontractor(s) are responsible), whether such
claims, demands, actions, suits or liabilities are caused by DESIGNBUILDER,
DESIGNBUILDER's subcontractors, agents or employees or products installed on the Project
by DESIGNBUILDER or its subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction. Such indemnification shall extend to all claims, demands,
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actions, suits, defense costs, or liabilities for injuries, death, or damages occurring after
completion of the Project as well as during the Work's progress. DESIGNBUILDER further
agrees that it shall, at its own cost, expense, and risk, defend Indemnitees in any and all claims,
demands, actions, suits, or other legal proceedings (including arbitration and mediation) which
may be brought or instituted against Indemnitees. CITY shall approve the defense counsel
selected by DESIGNBUILDER to defend any such action, suit or legal proceeding; approval
shall not be unreasonably withheld.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees
may have under the law or under the Contract Documents. In the event of any claim or demand
made against any party which is entitled to be indemnified hereunder, the CITY may, in its sole
discretion, reserve, retain or apply any monies due to the DESIGNBUILDER under the
Agreement for the purpose of resolving such claims or demands; provided, however, that the
CITY may release such funds if the DESIGNBUILDER provides the CITY with reasonable
assurance of protection of the Indemnitees' interest concerning any such claim or demand. The
CITY shall in its sole discretion determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation Insurance.
A. Pursuant to California Labor Code section 1861, DESIGNBUILDER
acknowledges its awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation.
DESIGNBUILDER covenants that it will comply with such provisions prior to
commencing performance of the Work hereunder.
B. DESIGNBUILDER shall maintain workers compensation insurance in an amount
of not less than:
1. One Hundred Thousand Dollars (S 100,000) bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars (S 100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars (5250,000) bodily injury by disease,
aggregate policy limit.
C. DESIGNIBUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees; and shall furnish
proof to CITY of such subcontractors' workers compensation insurance coverage
before any such subcontractor commences work on the Project.
DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation
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under the terms of the workers compensation insurance and DESIGNBUILDER
shall similarly require all subcontractors to waive subrogation.
15.02 General Liability Insurance. DESIGNBUILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor'vehicle coverage covering
the PROJECT. Said policy shall indemnify DESIGNBUILDER, its officers, agents and
employees, while acting within the scope of their duties, against any and all claims arising out of
or in connection with the PROJECT, and shall provide coverage in not less than the following
amounts:
A. Combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
51,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, employees and agents as
Additional Insureds, and shall specifically provide that any other insurance coverage which may
be applicable to the Project shall be deemed excess coverage and that DESIGN/BUILDER's
insurance shall be primary.
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15.03 Professional Liability Insurance. DESIGNBUII.DER shall famish a professional
liability insurance policy covering the design work required by the Contract Document. Said
policy shall provide coverage for Consultant's professional liability in an amount not less than
51,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the
policy further provides that:
A. The policy's retroactive date coincides with or precedes the DESIGNBUILDER's
start of the Work(including subsequent policies purchased as renewals or
replacements).
B. DESIGNBUILDER will make every effort to maintain similar insurance during
the required extended period of coverage following Project completion, including
the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGNBUILDER agrees to purchase
an extended reporting provision of at least two (2) years to report claims arising
from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
- 15.04 Certificates of Insurance and Endorsements. Prior to commencing performance
Qf the Work hereunder, DESIGNBUILDER shall furnish to CITY certificates of insurance,
subject to approval of the City Attorney, evidencing the foregoing insurance coverages required
by this Agreement; said certificates and endorsements shall:
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A. Name the CITY, its officers, employees and agents, as additional insureds with
the sole exception of professional liability insurance;
B. Provide the name, policy number and term of insurance coverage of each carrier
and policy;
C. State that the policy is currently in force; and
D. Promise that such policies shall not be suspended, voided or canceled by either
party, reduced in coverage or in limits except after thirty days prior written notice
to the CITY; however, ten days prior written notice in the event of cancellation
for nonpayment of premium.
15.05 DESIGNBUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The requirement
for carrying the foregoing insurance coverages shall not derogate from the provisions for
indemnification of CITY by DESIGNBUILDER under Article 14 of the Agreement. CITY or
its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGNBUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGN/BUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGNBUILDER
shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
and against all claims, costs, losses and damages (including bug not limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or
alleged infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process, product
or device not specified in the Contract Documents.
16.02 The DESIGNBUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code of the State of California), arising
from purchases of goods, services or materials pursuant to performance of the Work. This
assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGN/BUILDER, without further acknowledgement by the Parties.
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ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall
directly or through one or more of its subcontractors obtain and pay for all necessary permits and
licenses. CITY shall assist DESIGNBUILDER, when necessary, in obtaining such permits and
licenses. DESIGNBUILDER shall pay all governmental charges and inspection fees necessary
for the prosecution of the construction, which are applicable on the last day for receipt of
proposals for the Project.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGNBUILDER shall give all notices and comply with all laws and
-regulations of the place of the Project which are applicable to furnishin; and performance of the
Work. Except where otherwise expressly required by applicable laws and regulations, CITY
shall-not be responsible for monitoring DESIGNBUILDER's compliance with any laws or
regulations.
18.02 If DESIGNBUILDER performs any work knowing or having reason to know that
it is contrary to laws or regulations, DESIGNBUILDER shall bear all costs arising therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim as
provided for herein.
ARTICLE 19
TAXES
19.01 DESIGNBUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNBUILDER in accordance with the laws and
regulations of the place of the Project which are applicable during the performance of the Work.
ARTICLE 20
USE OF SITE AND OTHER AREAS
20.01 DESIGNBUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGNBUILDER shall assume full
responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of
arty adjacent land or areas, resulting from the performance of the Work. DESIGNBUILDER
shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless CITY,
CITY's consultants and anyone directly or indirectly employed by any of them from and against
all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects,
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attorneys and other professionals and court and arbitration or other dispute resolution costs)
arising out of or resulting from any claim or action, legal or equitable,brought by any such CITY
or occupant against CITY, or any other party indemnified hereunder to the extent caused by or
based upon DESIGNBUILDER's performance of the construction.
20.02 During the performance of the construction, DESIGNIBUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from the
construction. At the completion of the construction DESIGNBUILDER shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment, temporary construction and machinery and surplus materials.
DESIGNBUILDER shall leave the Site clean and ready for occupancy by CITY at substantial
completion. DESIGNBUILDER shall restore to original condition all property not designated
for alteration by the Contract Documents.
20.03 DESIGNBUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall DESIGN/BUILDER
subject any part of the Work or adjacent property to stresses or pressures that will endanger or
damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGN/BUILDER shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the construction.
DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Project Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in
storage on or off the Project Site; and
C. Other property at the Project Site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, utilities and underground facilities
not designated for removal, relocation or replacement in the course of
construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and
protection. DESIGNBUILDER shall notify owners of adjacent property and of underground
facilities and utility owners when prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation and replacement of their property. All damage,
injury or loss to any property caused, directly or indirectly, in whole or in part, by
DESIGN/BUILDER, any subcontractor, supplier or any other individual or entity directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
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acts any of them may be liable, shall be remedied by DESIGNBUILDER.
DESIGN/BUILDER's duties and responsibilities for safety and for protection of the Project Site
shall continue until such time as all the Work is completed and CITY has issued a notice to
DESIGNBUILDER in accordance with Section 6.06 that the work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
21.03 Safety Representative. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Project Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and programs.
ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGNBUILDER shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made
available to or exchanged between or amon-employers at the Site in accordance with all
applicable laws or regulations.
ARTICLE 23
EMERGENCIES
23.01 In case of emergencies affecting the safety or protection of persons or the
construction or property at the Project Site or adjacent thereto, DESIGNBUILDER, without
special instruction or authorization from CITY, is obligated to act to prevent threatened damage,
injury or loss. DESIGN/BUILDER shall give CITY prompt written notice if
DESIGN/BUILDER believes that any significant changes in the construction or variations from
the Contract Documents have been caused thereby. If a change in the Contract Documents is
required because of the action taken by DESIGNBUMDER in response to such an emergency, a
work change directive or change order will be issued to document the consequences of such
action.
ARTICLE 24
SUBMITTALS
24.01 CITY will review and approve all submittals (as this term is defined in the RFP).
CITY's review and approval will be only to determine if the items covered by the submittals
will, after installation or incorporation into the construction, conform to the information given in
the Contract Documents and be compatible with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will
not extend to means, methods, techniques, sequences or procedures of construction (except
where a particular means, method, technique, sequence or procedure of construction is
specifically and expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item, as such, will not indicate
approval of the assembly in which the item functions or is installed. DESIGNBUILDER shall
make all corrections required by CITY, and shall return the required number of corrected copies
of the required submittal for review and approval. DESIGNBUILDER shall direct specific
attention in writing to revisions other than the corrections called for by CITY on previous
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submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGNBUILDER from responsibility for any variation from the requirements of the Contract
Documents unless DESIGN/BUILDER has in writing called CITY's attention to each such
variation at the time of submission and CITY has given written approval of each such variation
by specific written notation incorporated into of accompanying the submittal.
ARTICLE 25
CONTINUING THE WORK
25.01 DESIGNBUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed
-pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY
may otherwise agree in writing.
ARTICLE 26
DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE
26.01 DESIGNBUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub-subcontractors of
any tier, vendors and material suppliers) shall strictly comply with the provisions of the Contract
Documents, including all Drawings and Specifications, and that the Work shall be first-class in
every particular and free from defects in construction and workmanship. The
DESIGNBUILDER further guarantees that all materials, equipment and supplies furnished by
the DESIGNBUILDER or by its Subcontractors, sub-subcontractors of any tier, vendors or
material suppliers for the Work shall be new, of merchantable quality, and of the most suitable
kind and fit for their intended purposes. Work not conforming to these requirements, including
substitutions not properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DES IGNBUILDER shall jointly assign all its rights and interests in
warranties of vendors and material suppliers to the CITY upon Substantial Completion in a
fashion that meets the specifications of this Section.
26.02 DESIGNBUELDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will constitute
an acceptance of the Work that is not in accordance with the Contract Documents or a release of
DESIGNBUILDER's obligation to perform the Work in accordance with the Contract
Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a notification of Substantial Compliance;
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D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGN/BLUDER's guarantees as set forth in this Article shall extent for a period
of twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Agreement. The CITY shall provide
all notices of defects in writing promptly after discovery of defective conditions. The
establishment of the time period of thirty-six (36) months after the Date of Final Completion or
such longer period of time as may be prescribed by law or by the terms of any longer warranty
required by the Contract Documents relates only to the specific obligation of the
DESIGN/BUILDER to correct the work. Nothing contained in this Article shall be construed to
establish a period of limitation with respect to any other liabilities which the
DESIGNBUILDER remains subject to under the Contract Documents. Vendor and material
supplier warranties are to have duration periods as set forth in the Specifications, but in no event
less than the period specified under this Section 26.02.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in
the Work, in violation of the guarantees set forth above, arises within thirty-six (36) months after
the Date of Final Completion, the DESIGNBUILDER and its sureties shall, upon the receipt of
written notice of such defect and demand to correct any such defective Work, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective Work (unless a longer
period is agreed to in writing by the CITY), furnish and provide all design and engineering,
labor, equipment, materials and other services at the Project Site necessary to correct such defect
and cause the Work to comply fully with the foregoing guarantees. The determination of any
such defect shall be made by CITY and shall be based on conformance with the Contract
Documents. The DESIGNBUILDER is obligated to correct all such defects, whether these
defects are discovered before or after the Date of Final Completion, and whether or not the
defective Work has been fabricated, installed or completed. Access to building's interior for
corrective work shall be closely coordinated with the CITY so as not to conflict with scheduled
events taking place therein. The DESIGNBUILDER shall obtain approved "Dark Days" from
CITY prior to commencing corrective measures of defective work. The DESIGNBUILDER
shall bear all costs of correcting such rejected and defective Work, including access to the Work
and removal and replacement of non-defective Work which is needed in order to correct
defective Work, and also including compensation for the Architect's or CITY's Representative
additional services made necessary thereby. ,
26.04 In the event the DESIGNBULLDER has been notified of any defect in the Work
in violation of the DESIGN/BUILDER's foregoing guarantees, and in the event the
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DESIGNBUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects corrected on behalf of the DESIGNBUILDER, and
the DESIGNBUILDER shall promptly pay the CITY its costs and expenses incurred in
convecting such defect.
26.05 The DESIGN/BUILDER warrants that title to all Work, materials and equipment
covered by an Application for Payment will pass to the CITY, either by incorporation in the
Work or upon the receipt of payment of such work by the DESIGNBUILDER, whichever
occurs first, free and clear of all stop notices, claims, security interests or encumbrances. The
DESIGNBUILDER further warrants that no Work, materials, or equipment covered by an
Application for Payment, whether requested by the DESIGN/BUILDER, or by any other person
performing Work at the Project Site or furnishing materials and equipment for the Project,be
subject to any stop notice or encumbrances thereon. The DESIGNBUILDER and its surety
hereby agree to indemnify, defend, and hold all indemnitees (as defined in Article 14 of this
Agreement) harmless from and against any and all costs, expenses including attorneys fees,
damages, claims, suits, or liabilities in any way arising out of stop notices relating to materials_,
equipment or services provided the DESIGNBUILDER, by any subcontractor, sub-
subcontractor, material or equipment suppliers,vendors, employees, agents or representatives. It
is expressly understood that the DESIGN/BUILDER's obligations in this respect begin
immediately at the time of any filing, claim, demand, correspondence or court proceeding and
without regard to a showing of DESIGNBUILDER's fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its separate
contractors resulting from the DESIGNBUILDER's correction or removal of Work which does
not conform with the requirements of the Contract Documents. However, the foregoing shall not
contravene potential recovery of such costs under insurance coverage afforded for any such loss
or damage under the Insurance terms of Article 15 of this Agreement.
26.07 The DESIGNBUILDER's warranty excludes damages or defects caused solely
by modifications not executed by the DESIGN/BUILDER, improper or insufficient maintenance,
improper operation by the CITY, or normal wear and tear under ordinary usage.
26.08 If the CITY prefers to accept defective or non-conforming Work, the CITY may
do so at its sole discretion instead of requiring removal and correction by the
DESIGNBUILDER. In any such cases, a Change Order will be issued to reflect a reduction in
the Contract Price where appropriate and equitable. In the event that the final payment has been
made or insufficient funds remain to permit offset by the CITY,the DESIGNBUELDER shall
make prompt payment to the CITY of the amounts so determined.
26.09 The DESIGNBUILDER's guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), shall freely assignable by the CITY to assignees of its choosing
without DESIGNBUILDER's prior consent. The DESIGN/BUILDER hereby agrees to honor
the Article 26 Warranties to such Assignees. Upon assignment of the CITY's warranty rights,
the Assignee shall promptly notify the DESIGNBUILDER, in writing, of all discovered defects
or defective conditions; and DESIGNBUILDER shall then comply with its obligations under
this Article 26 and direct its performance to such Assignee. In no event shall the CITY's
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SAMPLE
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assignment of its warranty rights alter the scope of the warranty period of DESIGN/BUILDER's
Article 26 Warranties.
ARTICLE 27
PREVAILDIG WAGE
27.01 DESIGNBUILDER shall pay at least the minimum prevailing per diem wages as
provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CHANGES IN THE WORK AND CLAIMS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGNBUILDER will undertake such work only after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained, in accordance with Section 3 of the Standard Specifications for
Public Works Construction (SSPWC), and as specified herein..
28.02 DESIGNBUILDER shall adhere strictly to the plans and specifications set forth
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGN/BUILDER agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the CITY may require in writing. Under no
condition shall DESIGNBUILDER make any changes without the prior written order of the
CITY, and CITY shall not pay any extra charges made by DESIGNBUILDER that have not
been agreed to in writing by the CITY.
28.03 When directed to change the work, DESIGNBUILDER shall immediately submit
to the CITY a written Cost Proposal reflecting the effects of the change. Should the CITY agree
to such a Cost Proposal, the Work shall be performed according to the changes ordered in
writing by the CITY and the proper cost thereof shall be negotiated by the Parties upon cost and
pricing data submitted by the DESIGNBUILDER; thereupon, CITY will promptly issue an
adjusted change order to DESIGNBUILDER and the Contract Price and/or Contract Time will
be adjusted upward or downward accordingly.
28.04 The DESIGNBUILDER, as the initiating party, may submit one or more claims
in the form of Change Proposals for any requested adjustment in the Contract Price or Contract
Time pursuant to the provisions of this Agreement. In such case, the DESIGNBBUILDER shall
give the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of time
after receipt of the claim to either confirm or refute the basis for the Change Proposal. Failure to
give the notice required by this section shall be deemed a waiver of the claim.
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ARTICLE 29
TESTS AND INSPECTIONS CORRECTION. REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge shall be given to DESIGNBUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests shall have access to the construction at the Project Site at reasonable times
for their observation, inspection and testing. DESIGNBUILDER shall provide such persons or
entities proper and safe conditions for such access and advise them of DESIGNBUILDER's site
safety procedures and programs so that they may adhere to them.
29.03 Tests And Inspections.
A. If laws or regulations of any public body having jurisdiction require that any part
of the Work to be inspected, tested or approved, DESIGNBUILDER shall
assume full responsibility for arranging and obtaining such inspections, tests or
approvals, pay all costs in connection therewith and furnish CITY the required
certificates of inspection or approvals unless otherwise indicated in the Contract
Documents. DESIGNBUIz.DER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approvals required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior to DESIGNBUILDER's purchase thereof for
incorporation in the construction unless otherwise indicated in the Contract
Documents.
B. DESIGNBU LDER shall give CITY reasonable prior notice of the planned
schedule for all required inspections, tests or approvals.
29.04 Covered Construction. If any construction (or the construction work of others)
that is required to be inspected, tested or approved is covered by DESIGNBUILDER without
written concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGNBUILDER's expense unless DESIGNBUILDER has given CITY
timely notice of DESIGNBUILDER's intention to cover the same and CITY has not acted with
reasonable promptness in response to such notice.
29.05 Uncovering Construction.
A. If any construction is covered contrary to the written request of CITY or without
inspection, it must, if requested by CITY, be uncovered for CITY's observation
and at DESIGNBUILDER's expense.
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B. If CITY considers it necessary or advisable that covered construction be observed
by CITY or inspected or tested by others, DESIGNBUILDER, at CITY's request,
shall uncover, expose or otherwise make available for observation, inspection or
testing as CITY may require, that portion of the construction in question. If it is
found that such construction is defective, DESIGNBBUILDER shall pay all costs
and damages caused by or resulting from such uncovering, exposure, observation,
inspection and testing and of satisfactory replacement or rework, (including but
not limited to all fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others); and CITY shall be entitled,to an
appropriate decrease in the Contract Price. If the parties are unable to agree as to
the amount thereof, may make a claim therefor as proved herein. If, however,
such construction is not found to be defective, DESIGNBUILDER shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or
milestones), directly attributable to such uncovering, exposure, observation,
inspection, testing, replacement and rework; and, if the Parties are unable to agree
as to the amount or extent thereof, DESIGNBUILDER may make a claim as'
provided in Section 28.04 of this Agreement.
29.06 City May Stop the Construction. If the construction is defective, or
DESIGNBUILDER fails to supply sufficient skilled workers or suitable materials or equipment,
or fails to furnish or perform the construction in such a way that the completed construction will
conform to the Contract Documents, CITY may order DESIGNBUILDER to stop construction
on all or any portion of the work, until the cause for such order has been eliminated. However,
this right of CITY to stop construction shall not give rise to any duty on the part of CITY to
exercise this right for the benefit of DESIGNBUILDER or any other party.
29.07 Correction Or Removal Of Defective Construction. CITY will have authority to
disapprove or reject defective construction and will have authority to require special inspection
or testing of the construction whether or not the construction is fabricated, installed or
completed. If required by CITY, DESIGNBUILDER shall promptly, as directed, either correct
all defective construction whether or not fabricated, installed or completed, or, if the construction
has been rejected by CITY, shall remove it from the Project Site and replace it with nondefective
construction. DESIGNBUILDER shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals) made necessary thereby.
29.08 Correction Period.
A. If, within three years after the date of Substantial Completion or such longer
period of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGNBUILDER shall promptly, without cost to CITY and in
accordance with CITY's written instructions, (1) correct such defective
construction, or if it has been rejected by CITY, remove it from the Project Site
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and replace it with construction that is not defective, and(ii) satisfactorily correct
or remove and replace any damage to other construction or the Work. If
DESIGNBUILDER does not promptly comply with the terms of such instruction,
or in an emergency where delay would cause serious risk of loss or damage,
CITY may have the defective construction corrected or the rejected construction
removed and replaced, and all costs and damages caused by or resulting from
such removal and replacement (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals, all court or arbitration or
other dispute resolution costs, and all costs of repair or replacement of work of
others), will be paid by DESIGNBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so provided
in the Contract Documents or by written change order.
C. Where defective work (and damage to other construction resulting therefrom) has
been corrected, removed or replaced under this Section 29.08, the correction
period hereunder with respect to such construction will be extended for an
additional period of one year after such correction or removal and replacement
has been satisfactorily completed.
29.09 Acceptance of Defective Construction. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do so.
DESIGNBUILDER shall pay all costs attributable to CITY's evaluation of and determination to
accept such defective construction (such costs to include but not be limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration or
other dispute resolution costs). If any such acceptance occurs prior to final payment, a change
order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the defective construction; and CITY shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, CITY may make a
claim therefor as provided herein. If the acceptance occurs after final payment, an appropriate
amount will be paid by DESIGNBUILDER to CITY.
29.10 City May Correct Defective Construction. If DESIGN/BUILDER fails within a
reasonable time after written notice from CITY to correct defective construction or to remove
and replace rejected construction as required by CITY or if DESIGNBLUDER fails to perform
the construction in accordance with the Contract Documents, or if DESIGNIBUMDER fails to
comply with any other provision of the Contract Documents, CITY may, after seven (7) days
written notice to DESIGNBUILDER, correct and remedy any such deficiency. In exercising the
rights and remedies under this Section, CITY shall proceed expeditiously. In connection with
such corrective and remedial action, CITY may exclude DESIGNBUII.DER from all or part of
ft Project Site, take possession of all or part of the construction, and Project Site, and suspend
DESIGNBUMDER's services related thereto, take possession of DESIGN/BUELDER's tools,
appliances, construction equipment and machinery at the Project Site and incorporate into the
construction all materials and equipment stored at the Project Site or for which CITY has paid
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DESIGNBUILDER but which are stored elsewhere. DESIGN/BUILDER shall allow CITY,
CITY's representative, agents and employees, CITY's other contractors and consultants access
to the site to enable CITY to exercise the rights and remedies under this Section. All costs and
damages incurred or sustained by CITY in exercising such rights and remedies shall be charged
against DESIGNBUILDER and a change order will be issued incorporating the necessary
revisions in the Contract Documents and CITY shall be entitled to an appropriate decrease in the
contract price, and, if the parties are unable to agree as to the amount thereof, CITY may make a
claim therefor as provided herein. Such costs and damages will include but not be'limited to all
fees and charges of engineers, architects, attomeys and other professionals, all court or
arbitration or other dispute resolution costs and al costs of repair or replacement of work of
others destroyed or damaged by correct, removal or replacement of DESIGNBUILDER's
defective construction. DESIGNBUILDER shall not be allowed an extension of the contract
times (or milestones) because of any delay in the performance of the construction attributable to
the exercise by CITY of CITY's rights and remedies hereunder.
29.11 Final Inspection. Upon written notice from DESIGNBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGNBUILDER and will notify DESIGNBUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER
shall immediately take such measures as are necessary to complete such construction or remedy
such deficiencies.
ARTICLE 30
INDEPENDENT DESIGNBUILDER
30.01 DESIGNBUILDER is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. DESIGNBUILDER shall secure at its expense, and be
responsible for any and all payment of all taxes, social security benefits, state disability insurance
compensation, unemployment compensation and other payroll deductions for
DESIGNIBUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed under this Agreement.
ARTICLE 31
TERMINATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGNBUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, with 72 hours notice of which shall be delivered to
DESIGNBUILDER as provided in Article 36 of this Agreement.
- 31.02 In the event of termination for convenience, the DESIGNBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGNBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
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terminate the performance of the Work. If the DESIGNBUILDER fails to correct the failure of
performance within seven (7) calendar days after being given notice, the CITY may, without
prejudice to any other remedy, correct such deficiencies and may deduct the cost thereof from
any payment due the DESIGNBUILDER or, at the CITY's option, may terminate the
employment of the DESIGNBUII.DER and take possession of the site and of all materials
located on the site as well as all drawings,plans and specifications and finish the Work by
whatever means the CITY may deem expedient. When the CITY terminates the
DESIGNBUILDER for default as provided for herein, the DESIGNBUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGNBUILDER and its surety
shall pay the difference to the CITY, within the time period contained in CITY's written demand
for payment.
ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through litigation in the Superior Court of the State of California. Venue for any such litigation
concerning this Agreement shall be the County of Orange. The Parties hereby consent to the
jurisdiction of such court and expressly waive all rights they may have to a change of venue
including, but not limited to, the provisions of California Code of Civil Procedure Section 394.
DESIGNBUILDER agrees to incorporate the provisions of this Article into all subagreements
and subcontracts and to obtain express waivers from all subcontractors and subconsultants of
their rights concerning a change of venue from the Superior Court of the County of Orange.
ARTICLE 33
ASSIGNMENT AND SUBCONTRACTING
33.01 DESIGNBUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY.
ARTICLE 34
COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or material
utilized or used in constructing the work or produced as a result of any terms of this Agreement.
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS
35.01 DESIGN/BUILDER shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of CITY
shall have any financial interest in this Agreement in violation of applicable provisions of law.
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ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGN/BUILDER's agent (as
designated in Section 1 hereinabove) of to CITY's Director of as the situation shall
warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO DESIGNBUILDER:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
ARTICLE 37
CAPTIONS
37.01 Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
DvIMIGRATION
38.01 DESIGNIBUELDER shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGNBUELDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGN/BUII.DER understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGNBUELDER.
ARTICLE 40
ATTORNEY'S FEES
40.01 In the event suit is brought by either party to enforce, interpret and/or construe the
terms and provisions of this Agreement or to secure the performance thereof, each party shall
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bear its own attorney's fees, court costs and expenses (including the expenses of arbitration or
mediation).
ARTICLE 41
SEVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents shall be
deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction or any other
governmental agency of competent jurisdiction, such provision shall be deemed to be severed and
deleted from the Contract Documents, and this Agreement, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted herein and the Contract Documents shall be read and
enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
DESIGNBUILDER: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
By: California
print name
ITS: (circle one)Chairrnan/President/Vice President
. RAF
a
AND
ATTEST:
By:
print name City Clerk
ITS: (circle one)Secretary/Chief Financial
Officer/Asst. Secretary—Treasurer
APPROVED AS TO FORM:
License Number: T1 44 17T_
MAPLEM
0
Expiration Date:
INITIATED AND APPROVED:
REVIEWED AND APPROVED:
City Administrator
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DESIGNBUILD AGREEMENT
SAMPLE
TABLE OF CONTENTS
Page(s)
ARTICLE 1 WORK STATEMENT............................................................................................ 1
ARTICLE 2 CONTRACT DOCUMENTS ................................................................................. 2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES ................................................. 3
ARTICLE 4 TIME OF PERFORMANCE .................................................................................. 3
-ARTICLE 5 CONTRACT PRICE. ..........................................................:. ............................ 5
ARTICLE 6 PAYMENT AND COMPLETION......................................................................... 5
ARTICLE 7 PROJECT DOCLTN ENTS...................................................................................... 8
ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES............ 9
ARTICLE 9 DESIGN PHASE SERVICES .............................................................................. 11
ARTICLE 10 CONSTRUCTION PHASE SERVICES .............................................................. 13
ARTICLE 11 OPERATIONAL PHASE.................. ERROR! BOOICYLkRK NOT DEFINED.
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS......................................... 15
ARTICLE13 BONDS................................................................................................................. 16
ARTICLE 14 INDEyfNIFICATION........................................................................................... 16
ARTICLE15 INSURANCE....................................................................................................:... 17
ARTICLE 16 PATENT FEES AND ROYALTIES.................................................................... 19
ARTICLE17 PERMITS.............................................................................................................. 20
ARTICLE 18 LAWS AND REGULATIONS............................................................................. 20
ARTICLE19 TAXES.................................................................................................................. 20
ARTICLE 20 USE OF SITE AND OTHER AREAS ................................................................. 20
ARTICLE 21 SAFETY AND PROTECTION............................................................................21
ARTICLE 22 HAZARD COMIyTUrrICATION PROGRAMS................................................... 22
i
ARTICLE23 EMERGENCIES...................................................................................................22
ARTICLE24 SUBMITTALS. ....................................................................................................22
ARTICLE 25 CONTINUING THE WORK...................................:..:.........................................23
ARTICLE 26 DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE........... 23
ARTICLE27 PREVAILNG WAGE...........................................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS.......................................................26
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL ..............................27
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGNBUILDER.................................................................30
ARTICLE 31 TERMINATION OF AGREEMENT...................................................................30
ARTICLE 32 DISPUTE RESOLUTION....................................................................................31
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING...................................................... 31
ARTICLE 34 COPYRIGHTS/PATENTS.................................................................:................. 31
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS.............................................................. 31
ARTICLE36 NOTICES.............................................................................................................. 32
ARTICLE37 CAPTIONS ........................................................................................................... 32
ARTICLE38 IMMIGRATION.........................................................................................:......... 32
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ............................... 32
ARTICLE40 ATTORNEY'S FEES ........................................................................................... 32
ARTICLE41 SEVERABILITY.................................................................................................. 33
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED ............................. 33
ii
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
ATTACHMENT C
Sample Insurance Certificate
:Certificate of Insurance
Agency Name and Address:' THIS CERTIFICATE IS ISSUES AS A MATi'ER OF INFORMATION
ONLY -AND CONFERS, NO RIGHTS UPON THE CERTIFICATE
HOLDER.' THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
Insured's Name and Address: Companies Affording Coverage
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CCOVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100
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INDICATED. NOTWITHSTANDING ANYREQUIREMENT!,TERM OR CONDITION OFANY CONTRACT OR OTHER OCCUMENTWITH REESP
ECTTO WHICHTHIS CERTIFICATE MAY
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BE ISSUED OR MAY PERTALV,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF
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SUCH POLICES.
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INSEI�tiet[� "� ui1LiMBF_ MCW1
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GENERAL LIABILITY _ General Aggregate — S
( ] Comml,Gen.Llablity Products-Ccm/Ops Agg. S
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[ ] Claims Made Personal 3 Adv.Injury S
[ ] Occurrence
Each Occurrence $ •
( ] Owner's&Contractors
�I Protective Fire Damage(any one tire) S
[ ] Contractual Liability Other
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AUTO LIABILITY Combined Single Limit 5
[ '7 'Any Automobile
[ ] All owned autos Bodily Injury(per person)
[. ] Scheduled autos S
[ ] Hired autos Bodily Injury(per accident
[ ] Non-owned autos S
[ ] Garage liability Property Damage
[ ] s
EXCESS LIABILITY
[ J Umbrella Farm Each Occurrence
[ ] Other than Umbrella Form Aggregate
WORKERS' Statutory Limits:
COMPENSATION Each Accident $
AND EMPLOYERS' t Disease-Policy Limit S .
• �` LIABILITY" Disease-Each Employee S
OTHER:
Description of Operations/LocationsNehicies/Restrictions/Special Items:
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Certificate Holder. CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL MAIL N DAYS WRITTEN
hh NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
L)
AUTHORIZED REPRESENTATIVE Date
DOC.#248880
r ATTACHED TO AND FORMING PART OF CERTIFICATE OF INSURANCE
NO.•
COMIIv ERCIAL GENERAL LIABILITY SECTION POLICY NO.
It is hereby.understood and agreed the City of Huntington Beach, its agents, officers, and employees are.
added as an additional'insured under this policy but only insofar as their.legK liability.arises out of tiie
. operations of the Named Insured. . .
r DATED:
Authorized Representative
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HUNTINGTONBEACH 2O00 Main Street California 92648
Insurance Requirements — Consultant/Contractual Services
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City Ordinance 97-20 requires that licensees, lessees and vendors have an approved Certificate of
Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract.
Receipt of an insurance certificate does not satisfy our insurance requirements which vary for private
or public property and for contract purposes or encroachment permits as well as consultant services.
Consultant Services.---Professional Liability Insurance Certificate is required (i.e., Legal,
architectural, etc.) in addition to a General Liability Insurance Certificate and Workers'
Compensation Insurance Certificate.
➢ Professional Liability Insurance Certificate of $1 ,000,000 as applicable (i.e., consultant.
services, etc.)
The additionally Insured endorsement is required for contract purposes.
Type of coverage "Claims Made" designation is acceptable for professional or pollution liability
insurance.
9 General Liability Insurance Certificate of z$ 1 ,000,000 combined single limit/per occurrence
Additional Insured Endorsement must name the City of Huntincgton Beach, its agents, officers and
employees as additionally Insured and, when applicable, the Redevelopment Agency of the City of
Huntington Beach must also be additionally insured.
Insured definition must read as the insured * amended to Include as an insured the person or
organization shown In the Schedule, but only with respect to liability arising out of "your work" for
that insured by or for you. (It is not to read, "...but only with respect to liability arising out of
your ongoing operations performed for that insured.)
Type of coverage must be "per occurrence" not "claims made". "Claims made" designation is only
acceptable for professional or pollution liability insurance.
C A brief description of work and/or nature of business and if applicable, the related City department
while not necessary, it is highly desirable.
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➢ Workers' Compensation Insurance Certificate of statutory amount and
If you have no employees, you must sign a Declaration of Non-employee Status form available from
C� the Risk Management Department. In lieu of a certificate of insurance, a certificate of Consent to
Self-Insure issued by the California Director of Industrial Relations is also acceptable.
In addition to the above, ALL CERTIFICATES MUST CONTAIN THE FOLLOWING:
Insurance Carrier Rating.—Insurance must be placed with a California-admitted carrier with a current
A.M. Best Rating of z A: VII
Certificate Holder.--The City of Huntington Beach (2000 Main Street, Huntington Beach, CA
92648, Attn: Risk Management).
Deductible, Self-Insurance Retention (SIR),--There 15 no acceptable deductible/51Rand all
C deductibles and/or SIRS must be 115ted on the certificate. If the deductible/51R is to remain in force,
the only alternative is to request a waiver of the zero requirement (see Waiver Procedure
below).
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HUNMNGTONBEACH 2O00 Main Street California 92648
30-day Cancellation Notice.--There must be a thirty (30) day notice for policy cancellation. A ten
(10) day notice for cancellation for non payment of premiums and/or salary reporting is allowed in
combination with the required 30-day notice except for Public Works contracts.
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Cancellation Clause Wording.--The following wording must either be removed or lined-out (by the
insurance agent) if they appear on the certificate: "endeavor to" and "failure to mail such notice
shall impose no obligation nor Lability of any kind upon the company, its agents or
representatives.
Waiver Procedure.—In lieu of meeting the City's insurance requirements, a permitee can request a
waiver of a specific requirement which requires a brief description of the work, the dollar amount of
-the work/contract and the timeframe involved. Waiver process is dollar driven as follows:
$ 1 - $ 10,000 Completed waiver application form and approval of both the Risk Manager
and the City Attorney.
$ 10,001 — $24,999 Completed waiver application form and approval of the .settlement
Committee (meets on a weekly basis).
$25,000+ Completed waiver application form, an approval recommendation by the
�., Settlement Committee and City Council approval (meets first Tuesday
monthly, items must be agendized by the prior Thursday).
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Again, please forward this notice to your insurance agent. For assistance, call Christi Mendoza
(714/536-5252).
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CITY OF HUNTINGTON BEACH
.Peck Reservoir Expansion Project RFP
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ATTACHMENT D
Proposal Forms
PROPOSAL
for
Peck Reservoir Expansion Project
Design-Builder
CONSTRUCTION CONTRACT No. 1102
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
r` The undersigned hereby proposes and agrees to perform all the Design-Build work therein
described, and to furnish all professional services, labor, material, equipment and incident
insurance necessary therefor, in accordance with the Sample Agreement, Request for Proposals,
Design Criteria and Performance Requirements, and References to complete the project. The
undersigned agrees to perform the work therein to the satisfaction of the Department of Public
C' Works of the City of Huntington Beach, as AGENCY, and to enter into a contract at the
following prices. The undersigned agrees to complete the work within 840 calendar days,
starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, RFP,
Sample Agreement, Design Criteria and Performance Requirements, and all other contract
documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with
AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER
understands that failure to enter into a contract in the manner and time prescribed will result in
forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
C expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of one hundred fifty days
from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject
all bids. In the case of discrepancies in the amounts bid, unit prices shall govern over extended
amounts, and words shall govern over figures.
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D-1
SCHEDULE FOR
DESIGN-BUILD COST PROPOSAL
Item Description Amount
1. For planning, providing preliminary and final
design, furnishing, installing, erecting,
(7 constructing, starting up and testing
of the entire 9 million gallon reservoir and
appurtenant facilities known as the Peck
Reservoir Expansion Project and providing
a three (3)year warranty bond all for the lump
(� sum
BID
Dollars $
(words) (figures)
2. Providing optional extended five (5) year
r Warranty for the lump sum
BID
Dollars $
(words) (figures)
IIC^
D-2
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NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says that he or she is
of the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly;sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
C' interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof.or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder
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Signature of Bidder
Address of Bidder
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Subscribed and sworn to before me this day of , 200_
NOTARY PUBLIC
NOTARY SEAL
�, D-3
If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,
the proceeds of the security accompanying this bid shall become the property of the AGENCY
and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and
void.
Accompanying this proposal of bid, find in the amount of$ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the
Request for Proposals, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or"Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
.................... .......................................... .....................:...:......::...,........::..........,
ddenda: o. : :Date.: eceived::::::;:::: ::::::::::::::::::::::::::::::::::::::: adder' Sc nature.:.::>::;::::...... ::::::
N ... .......... s ...............................
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r UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the PECK RESERVOIR EXPANSION PROJECT CC-1102, (I)(we)(it)
will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to
any electrical secondary or transmission facilities. The term "Qualified Person" is defined in
Title 8, California Administrative Code, Section 2700, as follows:
�. "Qualified Person: A person ivho, by reason of experience or instruction, is familiar ivith the
operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
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subcontractor or subcontractors with the requirements contained herein.
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Design-Build Contractor
By
Title
(7;
Date:
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D-5
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DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
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QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
C' interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes ❑ No
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If the answer is yes, explain the circumstances in the space provided.
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Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
D-G
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
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Contractor
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By
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Title
Date:
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UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
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No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be
C' issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
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Dig Alert Identification Number: _
Contractor
By
Title
Date:
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Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
�-, during the course of the Work. Additional firms may be obtained from the AGENCY
upon request.
D-8
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
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Bidder Name
Business Address
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City, State Zip
Telephone Numb-er -
State Contractor's License No. and Class
Original Date Issued
Expiration Date
The work site was inspected by of our office on , 200_.
The following are persons, firms, and corporations having a principal interest in this proposal:
D-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the Design-Build contract for the proposed work and
improvements in accordance with the Agreement set forth.
C' Company Name
Signature of Bidder
Ir
Printed or Typed Signature
Subscribed and sworn to before me this_ day of , 200_ .
NOTARY PUBLIC
NOTARY SEAL
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D-10
CITY OF HUNTINGTON BEACH
Peck Reservoir Expansion Project RFP
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ATTACHMENT E
Reference Documents
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Table of Contents
I, Documents and Drawings
1
Title of Document Date
(^ Application for Business License _
AutoCAD Standard Manual for Consultants _
Best Management Practices For New Development Including Non-residential Construction Projects Sep-93
Black&Veatch Report January 20,2000
Environmental Engineering Concrete Structures ACI 35OR-89 Sep-98
(, Feasibility Level Geotechnical Investigation For Peck Reservoir Expansion September 4,1996
i Geotechnical Investigation For Peck Reservoir Expansion August 13,1999
Maintenance Work Traffic Control Manual December-97
McDonald Centre Business Park October 6,1996
Peck Reservoir&Pumping Station Renovation-Contract Documents September 1,1993
Phase II Environmental Assessment Report For Peck Reservoir Expansion August 10,1998
Planning Division Instructions for Completing Environmental Assessment Form -
Prevailing Wages Requirements
Site Plan Study For The Peck Reservoir Expansion August-97
Specifications&Special Provisions For The Construction of the Aldrich R.Peck Memorial Municipal Reservoir 1965
Standard Plans Public Works March 21,1994
Truck Route Map March 3,1997
Water Division Standards Jul-99
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Title of Drawings Pages
City of H.B..Misc.Piping For Springdale St.Reservoir-Vulcan Pipe and Engineering Company 4
Construction Drawings For The Peck Reservoir Pumping Station Renovation 38
Construction Drawings For The Rehabilitation of Peck Reservoir 12
Construction Plans for the Aldrich R.Peck Reservoir(Spingdale St.) 21
Operation Facilities For H.B..Well#4 1
Peck Reservoir Expansion Project Preliminary Layout 1
Record of Survey 1
Reservoir Soil Boring 6
Topographic Survey Peck Reservoir Topo 1
Water&Storm Drain Improvement Plans Sky Lab Corporate Center 2
(- Water Well No.7 1
Water Well No.7 General Plan 1
Water Well No.7 Overall Building Layout&Plot Plan 1
Well No.4 Pumping Station Electrical Details CC 431 1
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Submitted by Submitted to:
s
City of
SCAL 3
HUNTINGTON BEACH
al
AS L .Y
CONSULTING ENGINE ' A , November 13, 2000
' I TELEPHONE:
(909)947-4631
2049 EAST FRANCIS STREET FAX: (909)947-4722
ONTARIO,CALIFORNIA 91761
November 13, 2000
Mr. Thomas A. Rulla
E Engineering Division
N City of Huntington Beach
G 2000 Main Street
I Huntington Beach, CA 92648
N
E Reference: Proposal for Design/Build of Peck Reservoir Expansion Project
E Dear Mr. Rulla:
R
S Pascal & Ludwig Constructors enthusiastically submits our proposal for the Peck Reservoir
Expansion Project. We have worked diligently with our design partner, ASL Consulting
& Engineers, and our entire team to develop a high quality, cost effective project which will
provide many years of service to the City.
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O We have included in our proposal a detailed explanation of our project approach along with
N our preliminary plans and an artist's rendering of the completed project. Our proposal
S includes the following key elements which we know will make this project a success:
T A Thorough Understanding of the Project. We have expended a considerable amount of
R time and effort to understand the City's goals for this project. Our concept will meet or
U exceed all of these goals.
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T • A Well Thought Out Approach. Our team has developed an approach to design and
® construction, which will result in a cost effective, high quality storage reservoir, which is
R easy to operate and maintain.
S
• A Knowledgeable and Experienced Design/Build Team. The Pascal & Ludwig Team
has over 48 years of successful experience in completing this type of project. Our
engineers, designers, estimators, project managers, construction managers, foreman and
supervisors have all worked together on previous Design/Build projects.
• A Team Experienced in Quality Control, Cost Control and Safety. Our team brings to
the project an excellent record of quality control, cost control and one of Southern
California's finest records for safety in construction. We will bring our time proven
systems to this project.
• A Well Thought Out Schedule. We have included a detailed schedule for completion of
the project well within the 840 calendar days requested. Our schedule allows adequate
time for all City reviews and permit acquisitions. In addition, we have also included
adequate float time for unforeseen events.
Mr. Thomas A. Rulla
November 13, 2000
Page 2
We have reviewed the standard contract and have no exceptions.
It has been our pleasure working with you to develop our proposal. Our entire team
appreciates this opportunity and we look forward to working with the City on this
challenging project.
Pascal & Ludwig
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Alan G. Ludwig
President
AGL/SDT/cg
I:\prop00\p236sdt.doc
Attachment
PASCAL & LUDWIG CONSTRUCTORS s TELEPHONE:
(909)947-4631
2049 EAST FRANCIS STREET FAX: (909)947-4722
ONTARIO,CALIFORNIA91761
December 18, 2000
Mr. Tom Rulla
City of Huntington Beach
Engineering Division
2000 Main Street
E Huntington Beach, CA 92648
N
G Reference: Peck Reservoir Expansion Project
I Clarifications to Questions
N E Dear Mr. Rulla:
E It was a pleasure meeting with you and the bid proposal review committee on Wednesday,
R December 13, 2000. The following is to provide you and the City written clarification of two
S items discussed during our interview and subsequently further discussed with you on the phone.
& Warranty
Our team has further reviewed the bid proposal in regards to the reservoir roofing warranty. This
C letter provides written notification that our team will provide a 20-year, no dollar limit (NDL)
0 guarantee on the roofing system at no additional cost to the City.
N Hydraulics
S As discussed during our interview, the hydraulics of the existing pump station have been
T analyzed in detail. Our analysis was completed for two scenarios.
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U Scenario I was analyzed for what is considered "normal" operation. Normal operation is having
C both the Peck Reservoir and Springdale Reservoir on line. During this scenario, the pump station
T will realize less headloss than its current operation. In addition,there will be no cavitation.
0
R Scenario 2 was analyzed for operating only the Springdale Reservoir. This scenario may be
S utilized by the City in order to take the Peck Reservoir out of service for cleaning, routine
inspection and/or facility upgrades. Per our analysis, this scenario yields a slight increase in
headloss. This increase, approximately 1-foot, is insignificant and will not have all effect on the
overall system operation. In addition, there will be no cavitation.
It is hopeful that the above clarifies any outstanding issues. As always, please do not hesitate to
call me if you have any questions or desire any additional information regarding this letter of
clarification of any other items within our bid proposal.
Sincerely,
Alan G. Ludwig Steve Tedesco, P.E.
Pascal &Ludwig Tetra Tech ASL
President Design Manager
AGL:SDT:RSA:cg
1:\prop00\p236CIarificationitr.doc
FPMA SCAL & LUDWIG CONSTRUCTORSTELEPHONE:
(909)947-4631
2049 EAST FRANCIS STREET FAX: (909)947-4722
ONTARIO,CALIFORNIA91761 `
December 13, 2000
City of Huntington Beach
Engineering Division
E 2000 Main Street
N Huntington Beach, CA 92648
G Attention: Tom Rulla
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lo[
E Subject Peck Reservoir Expansion
E
E Reference: Clarification of Extended Warranty Provision
S
Dear Mr. Rulla:
With regards to the extended warranty provision submitted by Pascal & Ludwig as a part of the
C proposal package, and the comment that this warranty "does not included damage repair from
0 subsistence,earthquake,vandalism/theft,fire, flood or all other Acts of God", please accept this
N clarification as follows:
S
T The extended five year warranty shall replicate the 3 year warranty, in that"the
R constructed facilities shall operate without defect as a complete system for it's
U intended use in accordance with the applicable functional and performance
C standards".
T
O It is hoped that the above clarification resolves this issue . Should there be further questions,
R please contact me at 909/947-4631.
S
Respectfully
Alan G. Ludwig
AGL:sz
Questions Regarding
Pascal & Ludwig Constructors Proposal
for Design/Build of Springdale Reservoir
• Do you acknowledge receipt of clarifications: Datum 9/25/00
Schuler Questions 10/4/00
Declarations 1 1/6/00
ACAD and Topo 09/21/00(date
corrected)
Response: Yes
• Your proposal identifies Alan Ludwig as Project Manager and Steve Tedesco and Design
Manager. How hands-on will they be on this project?
Response: Both with be directly involved with the project.
• The RFP Criteria requires protection from flotation. The proposal states that reservoir is
designed for very high groundwater(five feet below surface). Is the flotation issue the reason
for high groundwater assumption and will the reservoir stability be maintained if groundwater
is in fact 5 feet below grade?
Response: This is a conservative design consideration.. The buoyant design will include the
high groundwater but also includes a reduced safety factor.
• The proposal includes a jacked casing into Booster Pumping Station with piping connection
directly into the existing suction manifold. With this configuration,the flow stream to pump
impellers from the Springdale Reservoir will travel an oblique angle to reach the pump
impellers. Did you consider effects on the pumps operation? Do you think that hydraulic
efficiency and protection of the pumps from cavitation will be maintained?
Response: Letter response regarding hydraulics dated December 18, 2000. Scenarios
analyzed pump operation with insignificant effect on overall system operation
and there will be no cavitation.
• Your proposed Extended Warranty excludes damage repair from subsidence or earthquakes.
Please clarify exactly what is meant by that statement since the RFP requires the project to be
designed and built to meet a two-tiered seismic level of performance.
Response: Letter response regarding Extended Warranty dated December 13, 2000.
Confirms intent that system will operate without defect as a complete system in
accordance with RFP design standards and performance requirements.
• How will the roof structure and the vertical walls of the reservoir interact during an
earthquake to minimize any damage to the roof or walls?
C\My Documents\PECK\RFP\Pascal&Ludwig\Questions from RFP.doc
Response: Proposal included wall and roof interaction. Design details included with proposal
indicate how the in-plane shear will interact between the roof along the short and long wall
directions.
• Have you considered wave action and seismic sloshing in your proposal to protect the roof
structure with clearance as shown on drawing C-5?
Response: Yes.
Article 36 in the Design Criteria and Performance Requirements states that roof structures are
to have a long life with minimum maintenance. Your proposal includes a 15-year roofing
warranty. Commercial roofing standards usually have a 20-year warranty. Why is your
proposal less than the industry standard and what will be the cost for the extended warranty?
Response: Letter response dated December 18,2000. Proposal will provide a 20-year, no
dollar limit(NDL)guarantee on the roofing system at no additional cost to the
City.
• The intermediate ventilators on the roof requires installation of crickets. This will direct
some of the roof runoff into narrow channels. Are any special provisions being made at the
eaves to direct runoff?
Response: Adequate drainage and runoff provisions will be included in detailed design.
• Will the proposed ventilation provide adequate moisture protection for the timber framing?
Response: Framing will be adequately ventilated as indicated by detailed roof framing
member layout that will not restrict airflow.
• Your Geoteehnical subconsultant, Leighton and Associates,recommends constructing
buildings on compacted fills per their section 5.10. Section 5.2 states that removal and re-
compaction of the upper 5 feet of soil below the footings is required. Your proposal Project
Approach Section states that approximately 1.5 feet of loose material will be removed from
the bottom of the excavation(to be replaced with gravel). Do you intend to over-excavate 5
feet below the gravel per the Leighton report?
Response: Misinterpretation of geotechnical report. The report indicates removal and re-
compaction of the upper 5 feet of soil only for shallow footings,not for the
continuous heavy mat reservoir floor slab or column footings.
• Article 34 in the RFP regarding the concrete structures in the Design Criteria and
Performance Requirements states that structures shall carefully consider watertightness,
structural integrity and durability. Your specifications discuss tamping and vibrating, but how
do you intend to compact and consolidate the cast-in-place concrete on the inclined sloping
floor`?
Response: Inclined sloping floor will be placed in stepped horizontal lifts that will be properly
consolidated.
CAN1y Documents\P>CK\RFP\Pascal&Ludwig\Questions from RFP.doc
• Drawing C-4 indicates grading. Does your proposal adequately address site drainage
improvements to the existing Peek Reservoir site?
Response: Yes.
• You see no variance from the Specific Plan that means the lot coverage must be 60 percent or
less. Are you sure?
Response: Yes.
• Your proposal addresses many of the RFP Design Criteria and Performance Requirements.
Will you adhere to the spirit and intent of the requirements, in particular Item No. 2 Project
Objectives?
Response: Yes.
For Pascal&Ludwig—The insurance settlement committee must approve any deductible
($2,500).
Response: Will provide bond if necessary.
CAMy Documents\PECK\RFP\Pascal&Ludwig\Questions from RFP.doe
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UNDERSTANDING
0 ur team fully understands the desires and
goals of the City for the Peck Reservoir • Properly addressing both seismic safety and high
Expansion Project. The overall project is groundwater conditions.Our thickened mat foun-
to design and build a 9 million-gallon(MG)storage dation effectively resolves both issues,
facility,site work and appurtenances to be used for
potable water storage. • Minimize shrinkage.We have a well thought out
process for construction and have already de-
These expanded facilities need to be connected to veloped our concrete specifications.
the existing Peck Reservoir and Booster Pump Sta-
tion and a new isolation valve needs to be added to • High quality roof structure. Our roof structure is
the existing facility_. In addition,modifications to the designed with top quality wood members,stain-
existing Well No. 7 to be completed by the design.' less steel fasteners and stiff concrete columns.
builder,and construction of new Well No. 13,to Special attention has been given to providing
be constructed at the site by another contractor proper roof ventilation to insure long life. We have
must be taken into account in the design'build pro- also included a rooting material with a 15-year
cess. warranty.
The City has made it clear in their Request for Pro- Esthetically pleasing site. The site plan meets the
posal that they desire to have a well-integrated team specific plan requirements and will be an attrac-
which is responsible for both the design and con- tive,low maintenance site.Architectural features,
struction, This team will be responsible for all de- landscaping and fencing will blend with the sur-
sign,construction,environmental review,planning rounding area. We have included an artist's ren-
entitlement and permitting necessary to complete during of the site at the end of this section.
the project in 840 calendar days.
Throughout our efforts we have made every at-
Quality tempt to meet the City's quality goals.
Our team also understands the City's key objec- partnering
tives on this project are to provide a high quality,
low maintenance, reliable, long-term, cost effec- The Pascal & Ludwig Team are firm believers in
tive project,which is easy to operate and maintain. the partnering concept. We have budgeted the cost
Additionally,the new facility must be esthetically of our team and a facilitator to meet the partnering
compatible to the general area and meet the re- goals of the project. Our team will supply a list of
quirements of the McDonnell Specific Plan. suitable facilitators from which the Citv can select.
We have worked diligently during the proposal We envision the first effort on the project will be to
stage to develop a design,which meets all of these jointly develop a Project Charter and set mutual
objectives. Our project approach describes in de- objectives and goals for the project.Once the Char-
tail our design. In addition we have enclosed our ter is complete we will work with the City staff
preliminary plans for the project along with our pre- using a team approach to successfully complete
liminary geotechnical report. the project. The facilitator will also be available to
schedule and conduct monthly follow-up meetings
Quality is delivered and project goals are met in to ensure the plan is being implemented.
our design by:
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Permits Assist the City staff in placing the project back
in service.
The Pascal & Ludwig Team will be responsible
for all permits required on the project. We will care- Both our 3-vear and 5-vear warranties assume that
fully review the requirements of each agency and the City will conduct the following routine mainte-
we will incorporate these requirements in our final nance:
design.
• Exercise valves on a regular basis(at least twice
Our team fully understands the Planning Entitle- yearly).
ment Process and we have allotted the ful I four(4)
months in our schedule. It is our belief that our site . Monitor any reservoir leakage and report any
meets the intent of the specific plan requirements. changes promptly.
As such, we do not foresee the need to request
any major variances. • Visually inspect site on a weekly,basis.
We plan to meet early with and coordinate our ef=
forts with all permitting agencies. Our design engi-
neers have recent experience obtaining each of the
permits listed in the RFP. Our plan is to track the ' Yearly inspect paving and replace seal coat ev-
permitting and planning entitlement process on a ery two years if necessary.
very close basis. We understand the schedule con-
sequences of these items. Additional Options
Our team will also prepare the required CEQA Our team has carefully attempted to meet all the
documentation, file all notices and attend public quality goals set out in the RFP. We have included
How-
meetings as required. many of these quality options in our base bid. How-
ever,if'desired we can include any of the following
Warranty items at an additional negotiated cost:
The lump sum proposal includes the required 3- 20-year warranty roof instead of 15-vear.
year warranty. In addition, we have included a
cost for the optional extended 5-year warranty. ' Cast-in-place concrete roof instead of the
During the warranty period Pascal& Ludwig will: wooden roof.
• Provide yearly site inspections by the design en- Our team would be happy to negotiate for these
gineer. and any other items you may prefer.
• Promptly respond to any warranty issues. Our
staff will respond within 48 hours notice to iden-
tifv a warranty issue.
• Promptly repair any warranty related problems.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION p
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PROJECT APPROACH
0 ur overall concept for the Peck Reservoir To prevent uplift(floating)from high groundwater
Expansion is to provide a high quality,long we have thickened our floor slab to a thickness of
life facility,which is cost effective and easy 2-feet. This added weight will prevent the reser-
to maintain. The following sections describe each voir from floating from high groundwater condi-
of the project's features. Our preliminary plans are tions. In order to be conservative we assumed a
included in the Appendix along with our proposed maximum groundwater level of 5-feet below exist-
concrete specification. ing grade.This is higher than the recorded ground-
water level.in any of the previous borings.
Our overall concept is to:
Approximately 1.5 feet of loose material will be
• Meet all City RFP requirements removed from the bottom of the excavation.A 20-
mil PVC liner will then be placed carefully in the
• Use high quality construction materials excavation.Next a free draining rock with a leak-
age collection system will he installed.This 1.5 feet
• Minimize concrete shrinkage of rock will not only collect any potential leakage
but will also act to provide uniform stability for the
• Design structures to withstand seismic loads structure.
• Prevent flotation from high groundwater The leakage collection system will outlet to a moni-
toring manhole where it can be routinely inspected.
• Minimize settlement Instrumentation will continuously monitor and re-
port any leakage to the City's control SCADA.sys-
• Provide a cost effective project tem.
Reservoir Structure
• Provide a facility that is easy to operate and maintain
The key element of the reservoir structure is the 2-
Foundation foot thick mat foundation slab.This foundation slab
allows the structure to act as one continuous unit.
Our team expended a considerable amount of time It provides excellent seismic stability and through
and expense to perform additional geotechnical added weight counteracts potential uplift(floating)
analysis during the proposal stage. A detailed log from high groundwater conditions. In addition the
of additional borings and geotechnical investigation mat foundation slab minimizes the effects of any
is included with our submittal. potential settlement.
The soils at the site pose some interesting chal- The slab is constructed using a hopper bottom style.
lenges.These include high groundwater,poor soil A large horizontal section at the bottom of the ex-
bearing and potential liquefaction. In order to ad- cavation is connected to sloped side walls.In order
dress all these issues our design matched the weight to minimize shrinkage and cracking,the slab will
of the concrete structure full of water to be ap- be poured in sections using a checkerboard pat-
proximately equal to the weight of the soil removed tern. Sections will be poured in an alternating Pat-
in the excavation. This balance ensures that we tern,then allowed to cure for four(4)days before
will not have settlement caused by the weight of the adjacent panel is poured. PVC waterstop will
the structure. be used for all joints.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
ASCA6
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Stiff concrete columns will connect directly into the one end of the reservoir and providing outlet on the
floor slab. The thick slab will be used as a column other.Provisions for connections to the future Well
pad to accept the loads. Columns will be 30-inch No. 13 are also provided.
square and heavily reinforced.Exterior vertical walls
will extend approximately I 1 feet above grade. Connection to the existing Peck Booster Pump Sta-
These walls will be 21-inch thick reinforced con- tion is also detailed on our plans. We plan to con-
crete. nett to the existing blind flange provided and use
the existing concrete wall knockout. In order to
Walls will also be poured in alternating sections to minimize downtime we propose to perform this work
prevent shrinkage cracking. Adjacent wall pours using a jacked steel casing pipe.
will be staggered four(4)days apart. Corners will
be poured only after 50%of the walls are poured Our crews will jack the casing pipe from the new
to reduce stresses in the corners. site,under the existing exterior piping to the outer
pump station wall. After proper dewatering, field
High quality,4,000 psi concrete with low shrinkage crews will enter the casing and remove the wall
characteristics will be used. We have provided a knockout. The new steel pipe will then be placed
copy of our concrete specification in the Appen- inside the casing and connected. Annular space
dix. between the pipe and casing will be filled and the
casing left in place. Our team will properly desilt
The roof structure will be constructed of high qual- the groundwater prior to placing the water in the
ity wood materials.Roof framing members and pur- existing storm drain system located at the south-
lins will be No. 1 Alaskan Yellow-Cedar meeting westerly corner of the property.
the requirements of the Western Wood Products
Association grading rules. Glue-laminated beams In order to provide an isolation valve for the exist-
will be Heartwood Alaskan Yellow-Cedar manu- ing reservoir a new slide gate will be installed(see
factured for use in wet service.Plywood roof sheet- Appendix for plans). Minor concrete work inside
ing will be Western Red Cedar exterior plywood the existing reservoir will be required to install the
per UBC Standard 25-4. gate. The gate will be installed with an extension
so it can be operated from the existing roof.
The roof will be properly ventilated using wall lou-
vers and roof vents throughout the structure. These We estimate that only approximately 3 to 4 weeks
are shown in our sample plans.Additional details, of downtime will be required to make these im-
features, and accessories are also shown. provements.
Reservoir bottom and overflow have been set to The Peck Expansion will have its own isolation valve
match the existing Peck Reservoir. This will pro- located in a vault outside the reservoir. This vault
vide a more operator friendly project. will also house a check valve and drain connec-
tion. Our plans also include details for the connec-
Piping and Connections tion of the existing well discharge lines.
The Peck Reservoir Expansion will include sepa- Site Work
rate inlet and outlet pipelines.These pipelines will
allow for increased circulation by discharging at The reservoir site is designed to be aesthetically
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
uScar.
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pleasing and match the surrounding area. Reser- A fabrication schedule is given to the Owner to
voir walls above grade will be lightly sandblasted assist in any in-plant inspection the Owner may
to provide an architectural look.Vertical joints will consider necessary,and on-site work schedules are
be chamfered to give a"tilt-up"appearance. Alu- prepared allowing the Owner to schedule any spe-
minum metal panels and louvers will be located cial inspection(s)required.
between the top of the wall and the roof. These
will be color coated to match the existing Peck Site work, while inspected by the Owner or its
Booster Station. Exterior concrete walls will be deputy inspector(s) is monitored by Pascal &
treated for ease of graffiti removal. Ludwig to insure compliance to the plans and speci-
fications.
Paving will be provided around the entire site.The
wall between the existing Peck Reservoir and the Throughout this project process,daily field reports
new site will be removed.Paving will be removed are generated by Pascal & Ludwig for inspection
as shown on the plans and both sides will be graded by the Owner.
to drain to the proposed storm drain system.In case
of any large emergency reservoir overflows a con- It should be noted that many of the Quality Control
crete box drain is designed to safely outlet flows to steps and procedures utilized by Pascal&Ludwig
Springdale Street. were derived from Pascal &Ludwig's familiarity
with the Corps of Engineers Quality Control
Exterior fencing along Springdale will be installed Manual.
to match the adjacent McDonnell development us-
ing masonry pilasters and wrought iron fence. A In addition, the subcontractors and vendors to be
new, remote, keyed access gate will be installed. utilized are all known to Pascal&Ludwig and have
The existing block wall along Springdale in front of experienced many project involvements as a team
the existing reservoir will remain. We propose to in the past.
provide a stucco finish on this existing wall and re-
move the barbed wire on top. Landscaping in front Cosh Control
of the wall will remain in its current condition.
As with Quality Control,Cost Control starts with a
Additional features called for in the RFP are also clear and concise subcontract/purchase order.
shown on our project plans.
In addition,field records reflecting daily labor and
Quality Control equipment are rigorously maintained. Our strong
project cost accounting system summarizes all
Quality Control for subcontractors and vendors project costs and allows for the precise determina-
starts with a well defined scope of work and a con- tion of cost allocation and expenses.
tract clear and concise in intent. From this a firm
submittal schedule is implemented with review in- This system lends itself to accurate and complete
house of subcontractor/vendor submittals by both costs and facilitates the review of costs for various
Pascal&Ludwig and ASL Consulting Engineers. segments of the project, including change orders,
Only after this review for compliance to the plans where they are negotiated lump sum, or time and
and specifications is the submittal sent forth to the material.
Owner for review and acceptance.
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
peseai
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Safety Quarterly safety meetings are held to update and
review existing and new safety practices, and
Pascal & Ludwig believes that safety is a no. 1 weekly jobsite and job specific toolbox meetings
priority and has the written safety program to prove are held and documented at which all project staff
it. Pascal &Ludwig's modifications factor is .78, subcontractors attend.
with just 6 loss work days in the last 3 years(with
an exposure of over 24,000 mandays). In addition,safety review and audits are conducted
by the Company's Safety Officer,Worker's Com-
The key to this safety program is the involvement pensation Loss Control Officer,and our insurance
of all employees coupled with the leadership of all brokers Loss Control Department.These visits are
foremen and superintendents. Subcontractors are all.documented and are an integral part of our safety
also an integral part of this program. In fact, Pas- plan.
cal&Ludwig's PS 98 Safety Program is overseen
by our safety committee compiled of supervisory The success of our plan has not only been proven
level and above staff.Each has had competent per- in our minimal loss work days,it has also been con-
son, confined space, trench shoring, first aid, sidered one of the best safety programs by the
andCPR. In some cases,40-hour hazardous mate- Engineering Contractors Association. Our firm as
rials training. honored with the 1.996 and 1999 Annual Safety
Award by the Engineering Contractors Associa-
tion.
City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
ASCM1e
U@LY(R
QUALIFICATIONS
he design and construction of the Peck Reservoir Expansion is an extremely high profile and
challenging project for the City of Huntington Beach.Pascal&Ludwig in association with ASL
Consulting Engineers has assembled a team which is uniquely qualified to successfully complete
this project. Our team brings together one of Southern California's premiere waterworks contractors and
one of the most experienced team of concrete reservoir designers. The team has been in place for several
years now and is currently working together on several design/build projects.
Pascal& Ludwig has a 48 year reputation of providing construction
for water and wastewater facilities including buildings,pump stations,
SC;i4L reservoirs and treatment plants. The firm's Design/Build experience
& includes the Songs II Wastewater Plant/Fire Protection Facility at San
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Onofre Nuclear Generating Station,City of Corona Temescal Desalter,
City of Upland Well No. 20,the Mount Woodson Treatment Plant and
the LUWD Tapia Headworks Renovation.
The company,and the individuals proposed for your project team,have
constructed similar concrete reservoir projects. Pascal &Ludwig self
performs between 80%and 90%of their projects.On this type of project
Pascal & Ludwig will perform all mechanical, concrete and site im-
provement work.
ASL Consulting Engineers has a 50 year history of providing high
quality service to municipalities throughout Southern California. Since
1949 our firm has continued to grow along with the Southern California
ii " y market.In the 1990s we entered the Design/Build market with several
�$!+ highly successful projects:
- • $750 million Eastern Transportation Corridor
, ,9"�, • $40million San Mateo PointMilitary Housing Project
• $10.9 million Temescal Desalter Project
Water and wastewater facilities have always been one of our major
sources of business. In the last seven years, we have desgined and
provided construction services for over 20 concrete reservoir projects
ranging in size from 1.0 million to 33.0 million gallons.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
NSCA6
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ascal&Ludwig Engineers,in association Design eri c
with ASL Consulting Engineers, has as-
sembled a team which meets all of the City's ASL Consulting Engineers has designed over 20
requirements. This Summary addresses key high- concrete reservoir projects in the last seven years.
lights of our team's qualifications. Currently ASL has six concrete reservoir projects
under design and four in construction.
Design/Build Entry
In addition, our design team has completed many
Our team is proposing a Constructor/Engineer ap- complex piping,mechanical and site work projects
proach to the City's project. Pascal&Ludwig will including treatment plants,wells and booster pump
provide services as the General Contractor for the stations.All of our projects include coordination with
project. ASL Consulting Engineers will provide regulatory agencies and permit approvals.
design engineering services through a Contractor/
Subconsultant relationship. We have included a list of references which you
can contact to inquire about our past design projects.
Pascal&Ludwig holds a California General Engi-
neering License (#373525), as well as a General Construction Expedence/Performance
Building Classification(B)and a Hazardous Mate-
rials License(#373526). Our proposal lists numerous concrete storage,pip-
ing,mechanical and site work projects constructed
In addition, several minor subconsultants will be by Pascal&Ludwig. Throughout our 48 year his-
used for items such as painting, paving, electrical tory we have constructed almost every type of con-
and landscaping. These subconsultants are listed crete reservoir, treatment plant, well, and booster
in our bid forms. pump station.
Project Team We have included a long list of clients which you
can contact regarding our past performance. We
We are proposing a project team with extensive pride ourselves on our excellent schedule control,
experience constructing concrete reservoirs, pip- timely project completion, and prompt warranty
ing and mechanical equipment for water works service.We have also included information on our
projects. The Project Manager, Design Manager, payment and treatment of subcontractors.
Construction Manager,and Structural Engineer,all
have extensive experience. Our team also includes Financial Statement
one of Southern California's premiere Geotechnical
Consultants, Leighton & Associates. The team Both Pascal & Ludwig and ASL are in excellent
members are currently completing a complex financial shape to perform this project. We have
project in the City of Corona and will be available included the Financial,Bonding and Insurance in-
to move to this project to meet the City's schedule. formation requested.Neither firm has any pending
The City's proposed schedule fits right in with our claims/disputes.
current workload.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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CONSTRUCTION EXPERIENCE
History Established Entity perform all of this work with our own forces. Our
past and current projects include water treatment
ascal & Ludwig was founded in 1952 by plants,pump stations,wells,flow control facilities,
Gordon W.Ludwig and Carl C.Pascal,who as well as reservoir piping,
are still active in the company's operations.
The company is headquartered in Ontario,Califor- Our company is currently constructing a 10.0 MGD
nia, on five acres of owned property. We support Desalter in Carona, California This project includes
our construction operations with our own equip- extensive pumps,piping and mechanical equipment. It
ment company(excavators,cranes,backhoes,load- is being constructed through the Design/Build process.
ers, etc.).
Site Work Experience
During our history,we have worked throughout the
world,but we now contain our activities to greater As General Contractor on most of our projects we
Southern California. While we have successfully are usually responsible for all site work.Typically,
completed virtually every type of project,from dams Pascal&Ludwig will perform all site work except
to high schools, the main focus of our work has electrical,paving,and landscaping which are sub-
been in water and wastewater (treatment facili- contracted.
ties,pump stations,reservoirs,flow control struc- Our past projects,especially at new treatment plant
tures and basins,metering facilities,pipelines,storm sites, have typically required extensive site work.
drains,box culverts,etc.) These include truck access,parking,landscape,and
Pascal&Ludwig meets the requirements as a Prime buildings.We have also constructed such aesthetic
Proposer. We hold a California General Engineer- features as monument signs,flag poles,water foun-
ing License(4373525),as well as a general build- tains,park and picnic areas.
ing classification(B)and a Hazardous Material Li- Prompt Warranty Service
cense (#373526).
One of the key reasons for our long history in the
Storages Reservoir Experience business is our prompt warranty services. At Pas-
cal & Ludwig we stand behind our constructed
Pascal&Ludwig has a long and successful history
of successful construction of concrete storage res- product and the equipment we supply. Our close
ervoirs.The following pages contain photographs and relationship with vendors allows us to act quickly
descriptions of several of our past projects including when a warranty issue occurs.
our 10.0 MG Costa Mesa Reservoir. Payment and Treatment of
This project, located on a very constricted site, is Subcontractors
very similar to the proposed Peck Reservoir Ex- Pascal & Ludwig treats all of our subcontractors
pansion. Both sites are long rectangular parcels in a fair and professional manner. Subcontractor
which require the concrete reservoir to take up the payments are made promptly and typically within
majority of the site. 15 days of receipt of payment from the owner.
Piping and Mechanical Experience We have worked with many of our subcontractors
continuously for over 20 years. The following is a
Pascal&Ludwig is one of Southern California's most list of several subcontractors we regularly use.We
experienced piping and mechanical contractors. We encourage you to contact them directly regarding
our working relationship..
City of Huntington Beach
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
l7scac
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Brannis Electric — Jack Brannis We have an excellent reputation for high quality
(909)780-1900 work and fair prices.Pascal&Ludwig is regularly
Hardy& Harper— Steve Kirchner included in many owners and engineers preferred
(714)444-1851 contractor lists. We also are called on by many
owners to do sole source work on a time and ma-
Haight Painting—John Haight terials basis. Attached is a list of references on
(714)731-3413 our past performance. We encourage you to con-
Overall Successful and Timely eI ' tact them to inquire about our past work.
Completion
Pascal & Ludwig has an exceptional record for
overall success and timely completion of projects.
Our staff is well versed in Primavera Scheduling
and we continuously use it to keep our projects on
time and within budget.
City of Huntington Beach
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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CONSTRUCTION
CAPACITY COMPLETION 1 1
PROJECTCLIENT DATE COST
Mesa Consolidated Costa Mesa Reservoir 10.0 1995 $5.2 M Rectangular Concrete
Water District
City of Riverside Van Buren Reservoir 3.0 1996 $3.1 M Circular Prestressed
1.75
California American Longden Reservoir 1.5 1997 $1.5 M Cast-In-Place on Zero
Water Setback Site
City of Meyers Canyon 2.0 1996 $1.2 M Circular Cast-In-Place
San Bernardino Reservoir
City of Thousand Yenta Park 3.95 1995 $2.9 M Buried Rectangular
Oaks Reservoir Concrete
Moulton Niguel Galivan Reclaimed 2.0 1994 $2.4 M Circular Prestressed with
Water District Water Reservoir Interior Baffle Walls
City of Azusa 2.0 MG Reservoir 2.0 1995 $2.1 M Buried Rectangular
Concrete
Port Hueneme Brackage Water 3.0 MGD 1998 $2.2 M Reverse Osmosis,
Water Agency Treatment Plant Nanofiltration and EDR
Treatment Plant
City of Corona ,Sunkist Treatment 3.0 MGD 1989 $13.2 M Treatment Plant
Plant Upgrade
L.A. County Palmdale Water 5.0 MGD 1997 $7.8 M Project Included. 3
Sanitation District Reclamation Plant Sedimentation Tanks,2
Digestion Tanks and
3 Pump Stations
Otay Water Copps Lane & 15.0 MGD 1996 $5.4 M 'Two Large Pump Stations
District Hillsdale Pump and Emergency Generators
Stations
0:PROPOSAL iIIU.'J7BCH-PECKIG'HART..TWULV BCH-CONl3TRGIT CDR 02/06/2000
DESIGN EXPERIENCE
Vallecitos Water District Twin Oaks Reservoir 33.0 1999 $25.0 M World's Largest Prestressed
Concrete Tank
City of Santa Ana John Garthe Reservoir 25.0 2001 $1 1.0 M Rectangular Concrete
Circular and Prestressed
Moulton Niguel Reclaimed Water 3.0 1998 $2.9 M 1998 OCEC Project
Water District Plant Expansion (Reservoir only) Achievement Award
Moulton Niguel Laguna Heights 2.0 1998 $1.9 M 1998 Prestressed Concrete
Water District Reservoir (Reservoir Only) Association Award
San Diego County North Count 1.0 1996 $0.8 M Outs ASCE-SD
g � y Outstanding Civil
Water Authority Regulatory Reservoir (Reservoir Only) Engineering Project Award
Irvine Ranch Newport Coast 2.0 1994 $1.5 M Circular Prestressed
Water District Zone Z
Irvine Ranch Newport Coast 6.5 1995 $3.1 M Concrete Reservoir
Water District Zone 4
Irvine Ranch Newport Coast 2.0 1996 $1.4 M Concrete Reservoir
Water District Zone 6
Irvine Ranch Newport Coast 2.0 1996 $1.4 M Concrete Reservoir
Water District Zone G
State of Hearst San Simeon 1.0 1997 $0.8 M Circular Prestressed
California Reservoir Concrete
City of Anaheim Weir Canyon 4.2 1994 $3.0 M Circular Prestressed
Reservoir Concrete
California American Shopping Center II 5.3 1995 $3.0 M Circular Prestressed
Water Company Reservoir~ Concrete
California American Potrero II 6.0 1995 $3.0 M Concrete Reservoir
Water Company Reservoir
California American Longden Reservoir 3.5 1995 $2.6 M Rectangular°
Water Company
Yorba Linda Camino de Bryant 3.2 1994 $2.8 M Rectangular Concrete
Water District Reservoir
City of Chandler,AZ Bush Way 2.0 2000 $1.6 M Circular Prestressed
Reservoir (Reservoir Only) Concrete
City of Scottsdale,AZ McDowell Mountain 2.5 2001 $1.8 M Circular Prestressed
Reservoir Concrete
City of Ontario Milliken Avenue 9.0 2000 $3.6 M Circular Prestressed
Reservoir Concrete
Cucamonga County Reservoir I 9.0 2001 $3.8 M Circular Prestressed
Water District Concrete
G.:PROPOSAL1-fIUNTBCH-PF,CKICIIARnKU,,'TT3CH-DESIG:VEYPCDR 021062000
i
LONGDEN RESERVOIRA
San Marino, California �
I Client:CALIFORNIA-AMERICAN
WATER COMPANY `
Contact:ScottLeadman 6261289-7821
7�
Pascal & Ludwig constructed the 1.5 MG -
. a
cast-in-place reinforced concrete rectangu- k
lar reservoir.Project included a contact shor-
ing system resulting from a zero off-set 'r
building site. In addition, Pascal & Ludwig
constructed reservoir piping, valving,back-
fill and site restoration. Designs Engineer on 5
the project was ASL Consulting Engineers ' j$ r
Construction Cost: $1.5 Million
MEYERS CANYON RESERVOIR
San Bernardino, California
Client:CITY OF SAN BERNARDINO
Contact: George Beliew 9091884-2228
Pascal & Ludwig constructed this 2.0 MG t -�
reservoir in the City of San Bernardino.Con-
IN k + ,I
struction was cast-in-place circular concrete. a��
The reservoir roof was constructed of strut-
tural steel columns with aluminum roof sur-
face.Project also included site piping,valving 1 r
and interties. �®
l
Construction Cost: $1.9 Million
rr°Y rl
m
City of Huntington Beach
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
as�a�
uoi✓�a
VENTU PARK RESERVOIR ! 1kin
Thousand Oaks, California '
I x
Client:CITY OF THOUSAND OAKS
Contact: Billingalsbe 6261245-5785
The project consisted of a 3.95 MG buried I' ! :' f
rectangular concrete reservoir, a booster 'k
pump station and inlet/outlet piping. Pascal '
&Ludwig's work included earthwork, con-
crete,mechanical,architectural,site improve-
ments, and electrical and instrumentation. :w
Construction Cost: $2.9 Million
GALIVAN RECLAIMEDWATER T
RESERVOIR
Laguna HiNs, California
Client:MOULTON NIGUEL WATER DISTRICT �, I
t
Contact:Carlo Habash 9491425-3532
Pascal & Ludwig constructed a reclaimed
water reservoir and pump station at the south
end of the District's Plant 3A wastewater »
treatment plant. The reservoir was an above j�" l��f�l lj
grade, circular, prestressed concrete reser- 4
voir with interior chlorination baffle walls.
Work included all concrete site mechanical
pumps, motors, architectural treatment,
building,electrical,instrumentation,landscap-
ing, and site improvements.
Construction Cost: $2.4 Million
City of Huntington Beach
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
asCar_
uavrres
VAN BUREN RESERVOIRr<<
Riverside, California
Client:CITY OF RIVERSIDE
Contact: GaganBains 6261796-3141 ,.-
Pascal & Ludwig constructed two buried Cl
concrete reservoirs (3 MG and 1.75 MG)
on two separate sites. 'ileFork included "� •�., �. a
earthwork, concrete, site piping, grading,
electrical, instrumentation, landscaping, ac-
cess road,and paving.The project was cone-
::
pleted NArithin the 300 calendar day contract
period.
y..�.�,
Construction Cost: $3.8 Million
COSTA MESA 10 MG RESERVOIR
Costa Mesa, California
Client:MESA CONSOLIDATED
WATER DISTRICT
Contact: Gene Watson 9491631-1200 ,'
Pascal & Ludwig constructed the District's
10 MG partially buried rectangular reinforced ;T
concrete reservoir and pump station. They
exterior elevation was architecturally en-
hanced to match the District's main office.
The project included concrete work, exten-
sive mechanical,post tensioning,and a pump
station building. Pascal&Ludwig also pro-
vided site work and landscaping on the dif-
ficult and compressed site.
Construction Cost: $5.2 Million
City of Huntington Beach
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
er
na
REFERENCES
t Pascal&Ludwig,we pride ourselves on our client satisfaction. We believe that our clients will
attest to our technical excellence and responsive staff. The table below lists client contacts as
requested in the RFQ. To make it easier for you to talk with (or visit) our references, we have
concentrated on individuals in Southern California.We urge you to contact these individuals to confirm for
yourselves that we will do a good job for you.
1
i
i
f
Gene Watson Costa Mesa 10 MG Reservoir Alan Ludwig
Chief Engineer Mesa Consolidated Water District Bob Thomas
9491361-1200 Sam Davis
Gorden Ludwig
Scott Leadman Longden Reservoir Alan Ludwig
Project Manager California-American Sam Davis
626/289-7821 Water Company Gorden Ludwig
San Marina, CA
George Beliew Meyers Canyon Reservoir Alan Ludwig
Project Manager City of San Bernardino Sam Davis
90911 884-2228 Jeff McDonnell
Bob Thomas
Jim Passannini 3 MGD RO/NF/EDR Alan Ludwig
Operations Manager Port Hueneme Water Agency Brad Floyd
805i986-6566 250 North Ventura Roan' Sam Davis
Port Hueneme, CA
Carlo Habash Galivan Reclaimed Reservoir Alan.Ludwig
Director of Engineers Moulton Niguel Water District Jeff McDonnell
949/4- 25-3532 27500 La Paz Road Gorden Ludwig
Moulton Niguel, CA Sam Davis
City of Huntington Beach
DESIGNIBUILD FOR BECK RESERVOIR EXPANSION r
A%SAE
DESIGN EXPERIENCE
Concrete Reservoirs ASL completed final design on the $10 million
Temescal Desalter in Corona, California. This
ASL has specialized in the design of concrete res- project,currently completing construction as a de-
ervoirs and the rehabilitation of existing reservoirs sign build project, is a complex reverse osmosis
for more than 25 years. In the last seven years, groundwater treatment plant. We have included in
ASL has designed and/or provided construction in- our submittal a set of the project plans to give the
spection services for more than 20 concrete reser- City an indication of the quality ofour design work.
voirs and 10 steel reservoirs. The facilities range in
size from 1.0 MG to 33 MG. v Regulatory and Permit Approval
We are familiar with the challenges of designing and Experience
implementing water-bearing structures. Our past The ASL design team knows and understands the
projects demonstrate ASL's use and innovation of regulatory and permit approval process. It has been
current state-of-the-art technologies in reservoir our standard practice to include these services in
design. We have developed creative solutions to all ofour design and design'build projects,
complex siting and operational issues. Many of our
reservoirs were constructed in sensitive environmen-
tal surroundings and'or upscale developments and and water departments to obtain all required per-
were designed to be a community feature. mits and approvals. Over the past 20 years ASL
has processed hundreds of permits through Orange
The following pages highlight recent reservoir Countv City, State and Federal agencies. We are
projects. These concrete reservoirs are all located experienced working on CEQA documents and
in Southern California and successfully met state have extensive experience working with the State
and local regulatory requirements. Four of these Department of I lealth Services. In addition,we have
projects were acknowledged for design excellence, processed many projects under the essential facili-
In fact, the Twin Oaks Reservoir in San Diego, ties requirements.
the largest pre-stressed concrete reservoir in the
world, has won several awards. Overall Successful Completion of
Projects
We have provided client contact names for each
of these projects. We invite you to contact the listed ASL has an extremely successful record of per-
references to discuss our performance record. We formance on similar concrete reservoir projects.
think you will be satisfied by what you hear. Our projects are known for:
Piping, Mechanical and Site Work 7imell Completion
Experience I'en' Low Change Orders
I irtually lero Leakage
ThroughoutASL's 50 year history the firm has de- We have included a list of references which you
signed hundreds of complex piping,mechanical and can contact to verity this performance. In addition,
site work projects.These projects include pump sta- we have also included a letter of recommendation
tions,wells,regulating facilities,pipelines and treat-
ment plants. As part of the Eastern Transportation received from one of our past clients.
Corridor Design;'Build Project ASL designed and
coordinated relocations of over 100 water utility pipe-
lines,two pump stations and a new reservoir.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BLILD FOR PECK RESERVOIR EXPANSION
V
I
CITY OF SANTA ANA EXPERIENCE
t
John Garthe Reservoir
M14ig. P
1 ti,I A P.M. ii Alt-i tERICAN CITY 19L2=111
MAYOk I"k(3 IEN
kolxn L.k':h,0— LJ—li'C�i7 UTY MANAGER
COUNCILMRMRERS h' t& Llu d N.R'..
Tnm=Bpinoal h� � (_lffY A41 URNLY
1"al�ki«A CITY OF 5ANTA ANA :LERK I THE C(,I;NCR.
•,R PUBLIC WORKS AGENCY laniee c:.cuy
AM«
-1fi 4 S : MFS L 5 Br.1 19tiLY
Your firm has always
September 13, 1995
Douglas J. Reinhart provided excellent
' Vice President
ASL Consulting Engineers
one Jenner street, Suite 200
Irvine,���J 92718
� inhart: professional services to the
Dear ML.-
SUBJECT: GARTHE RESERVOIR EXPANSION
Phase I of the Gart Reservoir Expansion was completed g the City of Santa Ana in all
summer of 1944 and placed
Th into service. e new 6 million gallon
reservoir and booster station have been in continuous service and
are operating reliably and effectively. The state-of-the-art
design features and high quality of construction insure that this
facility will provide dependable, long term service for the City of
Santa Ana. projects in which you have
I would like to take this opportunity to thank your firm for
providing high quality design and construction engineering services
for this project. The staff assigned to this project consistently - I�
demonstrated the highest standards of professionalism during the been involved.
design and construction phases of this project. Your firm has
always provided excellent professional services to the City of
Santa Ana in all projects in which you have been involved. Please
accept my personal thanks and best wishes to your firm in future
endeavors.
-�S^i ere
Lee J. Harry
water Resources Manager
LJH/RB/2267gb
Ar-
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TWIN OAKS RESERVOIR
San Diego County, California
Client:VALLECITOS WATER DISTRICT
Contact:Dennis Lamb 7601744-0460
ASL provided the design and is completing
construction management services for Twin151
I
Oaks Reservoir.The project consists of twin }.
33 MG circular prestressed concrete tanks ,
and related facilities.The reservoirs,featured
on the June 14, 1.999 cover of ENR are they #
lar t p stressed concrete reservoirs in the nr �* *
w01 ld. E ensive piping, mechanical and ,
hemicl ed systems were also a part of -
I
A.
Construction Cost: $25.0 Million
LAGUNA HEIGHTS RESERVOIR
Laguna Niguel, California
Client:MOULTON NIGUEL WATER DISTRICT
Contact:Carlo Habash 9491425-3532 t
This 2.0 MG reclaimed water reservoir was
constructed on a hillside behind several resi-
dential homes in a quiet cul-de-sac.ASL team
provided extensive coordination with local
homeowners and the local homeowners as-
sociation. A regional horse trail was also
maintained through the site during construc-
tion. The project received the 1998 Pre-
stressed Concrete Association Award for
Environmental Facilities.
Construction Cost: $1.9 Million
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
CAMINO DE BRYANT RESERVOIR
Yorba Linda, California
Client:YQRBA LINDA WATER DISTRICT
Contact Chuck Gray 714/777-3018
ASL provided preliminary planning and
preparation of construction plans and speci-
fications, as well as construction manage-
ment and inspection for the 4.2 MG con-
ventionally reinforced concrete reservoir.
The reservoir is designed with two basins to '
allow half of the reservoir to be taken out of
service for maintenance while still providing
storage. The reservoir also acts as a mixing ;
chamber for local ground water supplies and
treated surface water. The reservoir was
designed with 20-foot vertical walls to mini-
mize the vertical wall thickness and a hop-
per bottom configuration to maximize stor-
age volume.
Construction Cost:$3.2 Million
JOHN GARTHE RESERVOIR
Santa Ana, California
Client:CITY OF SANTAANA
Contact:Ray Burk 7141647-3317
ASL provided preliminary planning,prepa- �I
ration of construction plans and specifica- li gll''I
tions, as well as resident engineering and
construction inspection for the 25 MG sect- I
angular concrete post tensioned reservoir. i
ASL provided many successful and creative ,
solutions to the significant challenges that
this project presented. ASL met the City's
requirement that 25 MG of storage be sited
on an L-shaped property in the middle of a
residential neighborhood. In addition, the
City required the construction of the im-
provements be phased in order to keep a
portion of an existing reservoir in service
while the new reservoir was being con-
structed.
Construction Cost: $12.0 Million
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
TEMESCAL DESALTER iiil r l cil� li 1' I�' I lip
Corona, California s
Client:CITY OF CORONA
Contact:John O'Donnell 9091739-4953
The City of Corona selected the Design/Build
team of Ionics, ASL, and Pascal &
Ludwig for the Temescal Desalter.This new
10 mgd facility will treat local well water
with an RO-decarbonation-disinfection pro-
cess to produce high quality product water.
The 1.0 mgd of product water includes a
nominal 6 mgd of permeate and a nominal 4
mgd of bypass well water.The Design/Build
team is responsible for design and construe- °"`""°�' W
tion of the Desalter, associated on-site and E'
off-site facilities,and communication and te-
_ _
lemetry systems between the Desalter com- m "'"""" tt KNIPnATION
WETIE
plex, the wells, and the Lester Water Treat- sun STATION
_C{k/VOYELL
ment Plant.
Construction Cost:$10.9 Million
NORTH COUNTY
REGULATORY RESERVOIR
r.
San Diego County, California , ,
Client:SAN DIEGO WATERAUTHORITY LL7.
Contact.John Economides 6191682-4166
The project consists of 3.8 miles of 72-inches
steel water main from the easterly boundary
of the City of Oceanside to the Gopher Can-
you area. The scope of work included the
revegetation of the construction zone, envi- "
ronmental mitigation,geotechnical study,aerial
survey,corrosion control,utility coordination ii� "` ;
and rock tunneling.Design of a chlorine con- 411
tact basin and a 1.0 MG regulatory reservoir
was also provided.
Construction Cost:$30.0 Million
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
1
ZONE 4 DOMESTIC
WINTER RESERVOIR
.t II
Irvine, California ;III
Client IRVINE RANCH WATER DISTRICT
Contact:Steve Malloy 9491453-5300 I
Prepared a preliminary planning report evalu-
ating alternate sites, types of reservoir con- "_• `
s a
struction, configurations, layouts, construc-
tion costs, O&M costs and environmental
issues.The final reservoir designed and con-
structed was a completely buried,prestressed
concrete reservoir with vertical tensioning
bars.Conventionally reinforced concrete was
used for the roof, columns, and floor slab.
The buried reservoir was landscaped with
native vegetation to blend with the natural
surroundings. ASL is also proud of the fact
that only$55,000 in change orders were re-
quired for the $3,300,000 project.
Construction Cost:$1.5 Million
IRVINE COAST ZONE 6&Ca
Irvine, California
Client:IRVINE RANCH WATER DISTRICT
Contact:Greg Heiertz 9491453-5560
These 2.6 MG buried tanks and pump
station provide storage and distribution of
domestic and reclaimed water at the _� u
prestigious Newport Coast development.
Conventional concrete construction methods
ago, 'J11116
were used in the design of the roof slab, . r I
columns and the floor slabs for each tank.
The reservoir walls are prestressed with
vertical tension bars and horizontal wire
wrapping. As part of the scope of work,
siting analysis as well as the preparation of
plans, specifications, and cost estimates
were provided.
Construction Cost:$3.5 Million
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
�-. REFERENCES
lient satisfaction is a major objective for ASL. We believe that our clients will attest to our
technical excellence and responsive staff.The table below lists client contacts as requested in the
Statement of Qualifications Package. We urge you to contact these individuals to confirm for
yourselves that we will do a good job for you.
Reference Project/Client Team IVIembers
Ray Burke John Garthe Reservoir Steve Tedesco
Project Manager City of Santa Ana Dale Wah
7141647-3317 Santa Ana, CA Tom Epperson
Jerry Fujita
Mike Dorman
Doug Reinhart
Dennis Lamb Twin Oaks Reservoir Steve Tedesco
Project Manager Vallecitos Water District Dale Wah
7601744-0460 San Diego County, CA Jerry Fujita
Tom Epperson
Greg Heiertz Irvine Coast Zone 2, 4, 6 & G Steve Tedesco
Project Manager Reservoirs Tom Epperson
9491453-5560 Irvine Ranch Water District Bob Ohlund
Irvine, CA Dale Wah
Jerry Fujita
Doug Reinhart
Carlo Habash Joint Regional Treatment Plant & Steve Tedesco
Director of Engineers Laguna Heights Reservoir Dale Wah
9491425-3532 Moulton Niguel Water District Tom Epperson
Doug Reinhart
Glen Prentice Temescal Desalter Steve Tedesco
Utilities Director City of Corona Steven Agor
9091376-5363 Corona, CA Jerry Fujita
Mike Dorman
Kara Buttacavoli
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
PROJECT TEAM
lthough overall firm credentials and ex- 20 years. Steve has been involved in over 20 con-
perience are important, the key to a suc- crete reservoir projects.
cessful project is the caliber and depth of
experience ofthe specific individuals assigned to the Jeff McDonnell has worked with Alan on many as-
project team.Asuccessful design-build project involves signments,including the Costa Mesa Reservoir and
finding a team with diverse capabilities.Team mem- the other water facilities described above. He also
bers need the experience and knowledge to quickly is certified in a variety of PRIMAVERA schedul-
solve design challenges and field problems,but they ing programs.
also need excellent communications skills to success- Talented Technical Assistance Team
fully interact with the various parties that become in-
volved,including the City and the general public.Our We have also established a Technical Assistance
team meets these requirements! Team of experts who will participate at key project
We have selected highly-qualified individuals with milestones and be available"on call"to provide sup-
the task to talent match to meet your needs. This Port to the core team. These individuals — Doug
Reinhart and Gorden Ludwig — are a veritable
section introduces these individuals and presents an "Who's Who" of water facilities design and con-
organization chart showing how they will work to- struction expertise.
gether. Also provided is a summary table of team
member credentials and recent experience. Experienced QA/QC Leader
Our proposed team offers these advantages to the To show our commitment to meeting your require-
city.. ments, we have designated Bob Ohlund,P.E., of
Seasoned Team Leaders ASL, to serve as the team's QA/QC Officer. The
team's approach to QA/QC is to provided indepen-
The team will be directed by Alan Ludwig,Project dent review and analysis throughout the project.
Manager, with the assistance of Steve Tedesco,
P.E.,Design Manager,and Jeff McDonnell,P.E., Well-Rounded Support Staff
Construction Manager.Collectively,these individu- As shown on the organization chart,the team has a
als have 50 years of experience in the design and/or depth of design and construction support. Each of
construction of concrete reservoirs in Southern Cali- the individuals listed on the chart meets the City's
fornia. requirements for pertinent experience,professional
Alan will provide overall project direction and coor- registration(s),academic credentials,memberships
dination,technical oversight,and day-to-day contact and certifications,and licenses.
with City staff. Alan was Project Manager on the ASL brings to the project, our in-house structural
Costa Mesa 10 MG Reservoir and is very familiar
engineering capabilities. Our structural engineers
with this type of project. More recent project expe- have designed over 20 concrete reservoirs in just
rience includes the Temescal and Port Hueneme the last seven years.
Desalters,Palmdale WRP Expansion,Viejas Casino
Wastewater Treatment Plant, and Galivan Re- In order to address the critical soils and foundation
claimed Reservoir. issues, we have added Mr. Ross Khiabani and
Steve Tedesco also brings a wealth of experience Leighton&Associates to our team.Ross is a reg-
to this assignment.He has practiced civil engineer- istered geotechnical engineer with extensive expe-
ing and water/wastewater facility design for over rience in the design of foundations for large con-
crete structures.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
��3c�L
uo'wio
PROJECT
Proposal fer. . .
DESIGN/BUILD SERVICES
for
Peck Reservoir MKpansion Project
Project Manager
ALAN LUDWIG
QA/QC E Technical Assistance i
ROBERT OHLUND
DOUG REINHART. ..
GORDEN LUDWIG
Design Manager Construction Manager
STEVE TEDESCO BOB THOMAS .
t
. Design Team Construction Team i
Steven Agor Project Engineer Sam Davis Concrete Superintendent
Tom Epperson Project Engineer Tom Youngblood Mechanical Superintendent
Dale Wah Structural Engineer Steven Agor Construction Engineer
Jerry Fujita Structural Engineer Gerry McEwen Safety Engineer
Kara Buttacavoli Civil Engineer Jeff McDonnell Scheduler
Ken Berard Permits/Environmental Leighton &Associates Soils& Materials Testing
Steve Ochsner Mechanical
Mike Dorman Electrical & Instrumentation
Rich Clark Survey &Mapping
Subcontractors f
Ross Khiabani Geotechnical Engineer
Glen Schmidt Landscape & Irrigation Electrical Roofing
Gene De Carlo Corrosion Engineer
9 Landscaping Paving
Note: See bid section for final subcontractors.
/�ASCAL
�UDWIG
A S L
G:IPROPOSALIHUNTBCH-PECK291EWBCH-ORGCHT.CDR 1110&2000 CONSULTING ENGINEERS
NAME/ROLETEAM EXPERIENCE
Alan Ludwig B.S., MBA Van Buren Reservoir, Costa Mesa Reservoir, Longden
Project Manager 24 years Reservoir. Meyers Canyon Reservoir, Galiran Reclaimed
Reservoir.7emescal Desalter Design/Build
Steve Tedesco, P.E. B.S., Civil Engineering 'ruin Oaks Reservoir, Laguna Heights Reseroir, Joint
Design Manager 20 years Regional "Treatment Plant, John Garthe Reservoir,
7emescal Desalter DesignIBuild
Bob Thomas, P.E. B.S., Civil Engineering 7emescal Desalter Design(Build. Galiran Reclaimed
Construction Manager 25 years Reservoirr. V ntu Park Reservoir
Robert Ohlund, P.E. B.S., Civil Engineering IRWD .South Reservoir, 16th.Street Reservoir, 32 MG Los
Project Engineer 16 years Alisos Reservoir,Filmore Reservoir
Doug Reinhart, P.E. B.S., Civil Engineering John Garthe Reservoir, Laguna Heights Reservoir. 'Lone
Technical Assistance 31 years 2.4,6.&G Reservoirs
Gorden Ludwig, P.E. B.S., Civil Engineering Sunkist/Corona Treatment Plant, Costa Mesa Reservoir,
Technical Assistance 45 years Azusa Reservoir, Ventu Park Reservoir, Ricbwood
Treatment Plant, Temescal Desalter Design/Build
Steven Agar, P.E. B.S., Civil Engineering Twin Oaks Reservoir, Bush Way Reservoir, Canyons 640
Project Engineer 10 years Reservoir,7emesc-al Desalter Desipi/Build
Tom Epperson, P.E. B.S., Civil Engineering John Garthe Reservoir, Joint Regional Treatment Plant,
Project Engineer 19 years Golden Lantern Reservoir,Aliso.Summit Reservoir
Dale Wah, P.E., S.E. B.S., Civil Engineering Joint RegionalTreatnient Plant, 7ivin Oaks Reservoir,John
Structural 22 years Garthe Reservoir. "Lone 2.4,6&6 Reservoir. 'Leniescal
Desalter Design/Build
Jerry Fujita, P.E., S.E. B.S., Civil Engineering Moulton Niguel WRP Expansion, Twin Oaks Reservoirs,
Structural 15 years Bush Way Pump Station,Temescal Desalter DesipilBuild,
Kara Buttocavoli B.S., Civil Engineering 7emescal Desalter DesignlBuild Project. Tivin Oaks
Civil Engineering 2 years Reservoir
Steve Ochsner, P.E. B.S., Mechanical Engineering Stonegate Pump Station, Mainside Booster Pump Station,
Mechanical 24 years Reclaimed Water Pump .Station No. 2, Ontario Reservoir
No. 3
Mike Dorman, PE. B.S., Electrical Engineering Chiquita WRP SCADA Upgrade, MWD oj'Salt Lake City
Electrical H years lx/'l'P Electrical Upgrade,Terriescal Desalter Des{nlBuild
Rich Clark, P.E. B.S., Civil Engineering 7emescal Desalter Design/Build Project, West Basin, Muter
Survey &Mapping M.B.A. Reclamation Program, Desert Wil", Reclaimed System,
15 years The Canyons at Bighorn
Ross Khiabani B.S., M.S. Geotechnical Morningside Reservoir, Eastside Reservoir, Lusk 11igbGmds
Geotechnical Engineering Reservoir.North Reservoir
25 years
Glen Schmidt B.S., Landscape Architecture 7emescal DesalterDesign/Build,Fast/West Lift Station
Landscape & Irrigation 15 years
Sam Davis B.S., Civil Engineering Galiran Reclaimed Reservoir, Meyers Canyon Reservoir,
Concrete Superintendent 24 years Longden Reservoir,Costa Mesa Reservoir,'lemescal Desalter
DesignI Build
Tom Youngblood Diemer Water Filtration Plant Expansion, Acton
Mechanical Superintendent 25 years Expansion,Lake A rrowhead WI'P Expansion
Jeff McDonnell, P.E. B.S., Civil Engineering Port Ilueneme Desalter, Arlington Desalter; Palmdale
Scheduler 15 years WI'RP.Galiran Reclaimed Reservoir
6 1'H(17'M11 M %IIf(II I'/(A,(11.IN1\I1( %Ili("1(17 111).1P(OR 11 06.'I11N1
RESUMES
The resumes are included in this Appendix:
Name Proiect Role
Alan Ludwig Project Manager
Steve Tedesco Design Manager
Robert Thomas Construction Manager
Bob Ohlund QA/QC
Doug Reinhart Technical Assistance
Gordon Ludwig Technical Assistance
Steven Agor Project Engineer
Tom Epperson Project Engineer
Dale Wah Structural Engineer
Jerry Fujita Structural Engineer
Kara Buttacavoli Civil Engineer
Kenneth R. Berard Permits/Environmental
Steve Ochsner Mechanical Engineer
Mike Dorman Electrical Engineer
Rich Clark Survey and Mapping
Ross Khiabani Geotechnical Engineer
Glen Schmidt Landscape and Irrigation
Sam Davis Concrete Superintendent
Tom Youngblood Mechanical Superintendent
Gerry McEwen Safety Engineer
Jeff McDonnell Scheduler
Gene DeCarlo Corrosion Engineer
Litt/of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION �J
RESUMES
Alan G. Ludwig Mr. Ludwig has 28 years construction experience as Project Manager,
Mechanical Supervisor Estimator and Company Management of heavy engineering
construction projects principally in the water and wastewater field,
including hazardous waste remedial projects, fuel tank
Education: removal/replacement projects and all phases of pipeline, pumping
facilities, treatment and waste disposal projects.
University of Santa Clara, B.S.
Summary of Related Experience:
University of Southern
California, MBA 0 Temescal Desalter, City of Corona - Sponsor for construction on
the design/build of a 10 mgd RO desalter, associated on-site and
Registration: off-site facilities, and communication and telemetry systems.
• Project Manager for Sunkist/Corona Wastewater Treatment
Class A General Contractor Plant. The 3.0 MGD treatment plant included construction of
Class B Building Contractor headworks, primary clarifier rehabilitation, screw pump station,
Hazardous Material License equalization basin, aeration basin, secondary clarifiers, RAS!WAS
pump station, sludge pump station and percolation ponds.
Professional Affiliations: Arlington Desalter Project - Project Manager for the erection of a
2,500 square foot concrete tilt-up building with various functional
Engineering Contractors room subdivisions (including a computer control room, laboratory,
Association electrical room), and main RO filtration process room; installed
four 20,000 gpd GAC vessels, all yard, process piping and valving:
National Utility Contractors five ground water pumping units in underground concrete vaults;
Association 9,000 linear feet of 18-inch PVC collection piping (including 500
linear feet underground bore of 91 Freewav) with associated
valving, and electrical/instrumentation.
• Port Hueneme Desalter Project - Project Manager for
construction of the 3 mgd water treatment facility including the
construction of a 6,600 square foot building with office space.
laboratory, chemical storage and associated electrical and
mechanical work, construction of a treated water booster pump
station, 660,000 gallon steel reservoir and associated piping and
sitework. Treatment process equipment consisted of a reverse
osmosis filter, a nanofiltration filter, an electrodialysis filter, and
plant computerized control system.
• Viejas Casino Sewage Treatment Plant - Project Manager for this
prepackaged tertiary sewage treatment plant (100,000 gpd)
including all required site work, control building, sewage lift
station, 5,000 linear feet of sewage force main, 4,000 linear feet of
effluent force main, irrigation pump station, spray fields, effluent
hold ing/percolating ponds, and required electrical/instrumentation.
Pascal & Ludwig Engineers accomplished in-house all aspects of
work except electrical/instrumentation. Plant produced Title 22
effluent in conformation with local regulatory standards.
• Copps Land and Hillsdale Pump Station for Otay Water
District - This project consisted of two separate pump stations
located adjacent to one another. The pump/buildings were of
masonry construction (totaling 7,600 square feet) with extensive
site paving and curb/gutter. The facilities incorporated 18 feet dep
pipe galleries, as well as individual rooms for electrical, temporary
owner,janitorial, pump rooms, chlorine storage and injection, and
ammonia feed equipment.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION �7
RESUMES
Alan G. Ludwig Mechanically, eleven vertical turbine pumps and three horizontal
pumps were installed. The manifold piping consisted of welded
steel pipe ranging from 16-inch to 36-inch diameter and included
cathodic protection. Two standby generators of 1,000 kw each were
provided, with appurtenant piping and fuel storage. Additionall),
ammonia and chlorine storage and injection equipmenL'facilities
were installed. The yard piping was extensive and interconnected
numerous pressure zones as well as existing reservoirs.
• Palmdale Water Reclamation Plant Expansion - This project
consisted of construction of five primary sedimentation tanks, two
digestion tanks, one cleanout pump station, one raw sludge pump
station, 13 sludge drying beds, one sludge drying bed pump station.
one dual chamber aerated grit channel, installation of 10
mechanical surface pond aerators, one waste gas flare, three pumps
at existing influent pump station, and one standby generator:
extension of effluent disposal line; modifications to potable and
non-potable water systems and electrical power distribution system:
improvements to control building, storage building, digester heater
room and plant drainage system; relocation of existing storage
building; and all related electrical an instrumentation work.
Mr. Ludwig has managed numerous other water and wastewater
projects including the following concrete reservoirs:
• 10.0 MG Costa Mesa Reservoir
• 3.0 and 1.75 MG Van Buren Reservoirs
• 1.5 MG MG Longdon Reservoir
• 2.0 MG Meyers Canyon Reservoir
• 2.0 MG Gallivan Reclaimed Water Reservoir
_City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION ,l_�
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RESUMES
Steve Tedesco,P.E. Mr. Tedesco is experienced in the planning, analysis, design, 'and
\ Design Manager construction management of water supply, water and reclaimed water
distribution, and wastewater collection systems. He has authored
several master plans and infrastructure planning studies for sewer,
Education: water, and reclaimed water programs. He understands collection and
treatment of wastewater and is knowledgeable regarding the key issues
Polytechnic Institute associated with supplying and storing domestic and reclaimed water.
of New York He has designed and directed the design of water and wastewater
B.S.Civil Engineering, 1979 systems, pump stations, water supply reservoirs, water transmission,
and wastewater collection mains.
Registration:
Summary of Related Experience:
Registered Civil Engineer
California No.39261 • Temescal Desalter, City of Corona — Design Manager for
construction on the design/build of a 10 mgd RO desalter,
Professional Affiliations: associated on-site and off-site facilities, and communication and
telemetry systems.
American Society of Civil • John Garthe Reservoir, Santa Ana -- Project Manager for this
'Engineers 25.0 MG reservoir provided domestic water storage and
distribution in the city of Santa Ana.
American Water Works 0 Camino De Bryant Reservoir,Yorba Linda Water District—As
Association Project Manager, this 3.2 MG reservoir provides water storage for
Yorba Linda Water District's Zone 5 pressure zone. It is a
Orange County Water conventionally reinforced rectangular shaped concrete reservoir
Association with a hopper bottom floor.
• Prestressed Concrete Reservoirs in the Irvine Coast
WateReuse Association Development, Irvine Ranch Water District — Project Manager
^ for the design of the 2.0 MG Zone 2 Domestic Reservoir, 6.5 MG
Zone 4 Domestic Reservoir, 2.6 MG Zone 6 Domestic Reservoir
and 2.6 MG Zone G Reclaimed Water Reservoir at the prestigious
Newport Beach Coast Development.
• Laguna Heights Reclaimed Water Reservoir, Moulton Niguel
Water District -- Project Manager for design and construction
management and observation services for this 2.0 MG prestressed
concrete reservoir.
• Joint Regional Treatment Plant,Moulton Niguel Water District
-- Project Manager for the design of the AWT expansion which
included a 3.0 MG prestressed reservoir and a 11.4 mgd reclaimed
water pump station.
• Weir Canyon Reservoir, Sycamore Canyon.Development —
Project Manager for the design and construction management of
this 4.2 MG reservoir that provides domestic water for the
Sycamore Canyon Development. Conventional concrete
construction was used in the roof, columns, and floor of the
reservoir. The reservoir walls are prestressed with vertical
tensioning bars and horizontally with wire wrapping.
• 66 MG Twin Oaks Reservoir(s), Vallecitos Water District --
Principal-in-Charge for the preliminary design and final design for
the construction of two 33 MG buried circular concrete prestressed
reservoirs.
• North County Distribution Pipeline, San Diego County Water
Authority -- Project Manager for the design of this 1.0 MG
prestressed concrete regulatory structure.
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
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RESUMES
Steve Tedesco,P.E. 0 Southridge Reclaimed Water Pump Station, Moulton Niguel
Water District— Principal-in-Charge for the design of this pump
station which included four horizontal split case pumps, variable
frequency drives and a surge tank.
• Zone 7 Domestic Water and Zone H Reclaimed Water Booster
Pump Station, Irvine Ranch Water District — Principal-in-
Charge for the design of both of these pump stations which are
located within the same underground structure and include a total
of six pumps, five variable frequency drives and a diesel driven
generator.
• Long Beach Reclaimed Water System Expansion - Phase I,
Long Beach Water Department—Project Manager for the design
of about 28,000 linear feet of 24-inch and about 9,000 linear feet of
12-inch reclaimed water pipelines.
• Green Acres Intertie Project, Irvine Ranch Water District —
Principal-in-Charge for the design of about 9,800 linear feet of 24-
inch reclaimed water pipeline under a fast track design schedule.
• Pacific Park - Phase 2, Cedarbrook and Lower Mission Viejo
Reclaimed Water Pipelines, Moulton Niguel Water District —
Principal-in-Charge for the design of about 41,000 linear feet of 6-
inch to 16-inch reclaimed water pipelines as part of the District's
Reclaimed Water Expansion Project.
• Upgrade of Well Pumping and Water Treatment Facilities,
City of Garden Grove — Principal-in-Charge for the design of
upgrades for Well Nos.24,25,26,and 27. This work includes new
buildings, chlorination facilities, emergency chlorine scrubber
facilities, emergency generators, piping modifications to provide
l auto-flushing capabilities, upgrading the electrical facilities and
control systems to each of these wells.
• Injection Well No. 25K Relocation, Juanita's Foods — Project
Manager for the relocation of a"Dominguez Gap Barrier Project"
injection well, 18-inch supply line and 10-inch discharge line.
Contract documents were prepared to meet City of Los Angeles and
Los Angeles County Department of Public Works requirements
within a fast track schedule.
I
I
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
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RESUMES
Robert D.Thomas,P.E. Mr. Thomas has over 20 years experience in the engineering and
Construction Manager construction industry. As a registered civil engineer, his professional
career includes the preparation of construction documents, including
cost and quantity estimates, as well as bid documents. Mr. Thomas'
Education: construction experience includes positions as estimator, construction
California State University, engineer, superintendent and public works manager. Diverse
Long Beach,CA assignments have encompassed the construction management of water
BS,Civil Engineering, 1968 and wastewater treatment facilities, pump stations, reservoirs and
freeway and structures for major highway projects throughout Southern
University of California at California.
Irvine
Management Courses Summary of Related Experience:
Registration: • Estimator and Manager of Public Work Construction in the area of
waste and wastewater treatment and handling projects.
Registered Civil Engineer 0 As Public Works Manager for C.A. Rasmussen, completed four
California No.25743 projects where Project Managers had left; helped successfully
negotiate a $500,000 claim; estimated underground and structures
Professional Affiliations: for highway and grading projects using Hard Dollar EOS 97
software.
American Society of Civil • As Estimator for Ghilotti Construction, estimated grading and
Engineers highway projects using Hard Dollar and Agtek software.
• As Project Manager for Pascal & Ludwig Engineers, bid and
managed multiple treatment plant, pump station and reservoir
projects of$500,000 to 15 million; wrote company safety plan per
SB-198; as Company Safety Officer, was responsible for lowering
the experience modification factor from 2.5 to 1.15.
• As Project Engineer/Estimator/Project Superintendent for Sully-
Miller Contractor,bid and managed multiple treatment plant,pump
station and reservoir projects of $500,000 to 15 million; wrote
company safety plan per SB-198; as Company Safety Officer, was
responsible for lowering the experience modification factor from
2.5 to 1.15.
• As Office Engineer/Construction Engineer for Guy F. Atkinson,
maintained quantity records and cost reports, ordered materials,
performed field surveying and layout,designed falsework and form
structures, performed bid quantity takeoffs, and developed job
schedules for freeway and bridge projects.
(71
City of Huntington Beach ASL Consulting Engineers
Ili DESIGN/BUILD FOR PECK RESERVOIR EXPANSION x.c
RESUMES
Robert J.Ohlund,P.E. Mr. Ohlund has over 15 years of experience in Water Resources
QA/QC including: Water/Sewer/Reclaimed Water System Master Planning,
Studies, Design and Construction Management of Water, Sewer and
Reclaimed Water Facilities, Institutional and Inter-governmental
Education: Relationships.
University of Southern Mr. Ohlund has accumulated a diverse experience base in water
California,Los Angeles resources including master planning, evaluation and analysis of water,
B.S.,Civil Engineering, 1983 sewer and reclaimed water systems, pipelines, reservoirs, wells,
pumping stations, treatment works and other related facilities. His
Registration: experience ranges from conceptual and master planning, to final design
and construction management.
Registered Civil Engineer
California No.41006 Summary of Related Experience:
Professional Affiliations: City of La Habra—Puente Hills Reservoir Structural Analysis
— Project Manager for the seismic, structural and geotechnical
American Water Works analysis of an existing 5 million gallon, rectangular reinforced
Association Since 1983 concrete reservoir with a "hopper" bottom which was constructed
in 1955. External and internal inspections of the structure, as well
Orange County Water as research of original design data were performed.
Association Recommendations included improvements to meet current seismic
Board of Directors,Vice codes, retrofit walls and footings, repair cracking, and liner
President, 1999,Treasurer installation on the roof slab to eliminated external leakage into the
1998 reservoir.
Secretary 1997 Zone 4 and 6 Reservoirs Artificial Circulation Evaluation,
Irvine Ranch Water District—Project Manager for the evaluation
Urban Water Institute of inducing artificial circulation or mixing of stored water in an
attempt to increase water quality in the system. Baffles,
j Board of Advisors 1992-1993 p q n' y
submersible mixers and alternative operational scenarios were
evaluated with cost estimates and present worth analyses used to
quantify the costs and benefits.
• Budlong Plant Reservoir Rehabilitation, Southern California
Water Company—Project manager for the design of structural and
safety improvements to two (2) post tensioned, concrete tanks that
are approximately 50 years old.
10-MG Zone A South Reclaimed Water Reservoir, Irvine
i Ranch Water District-- A siting study,preliminary design report,
construction plans and specifications were prepared for this 10
million gallon buried pre-stressed concrete reservoir. Four site
alternatives were evaluated for environmental sensitivity due to
viewshed concerns and impact to the coastal sage scrub habitat of
the gnatcatcher and cactus wren. Included in the design is
approximately 4,000-feet of 36-inch inlet/outlet pipeline;2,000-feet
of 24-inch transmission pipeline; and 4,000-feet of 20-inch
overflow/drain line.
• IIC East Reservoir Value Engineering Review, Irvine Ranch
Water District -- Performed a value engineering review of the
design plans and specifications prepared by the District's in-house
engineering team for a 7.0 MG, partially buried, prestressed
concrete tank.
• 3.0 MG 16th Street Reservoir, City of Newport Beach --
Preliminary design, construction plans and specifications were
prepared for this 3.0 MG buried, reinforced concrete reservoir.
Extensive coordination was involved to provide for an efficient
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
i w�a
RESUMES
Robert J.Ohlund,P.E. layout of the reservoir and piping with regards to other
improvements at the Utilities Yard site including pump station,
building and storage facilities. The reservoir was designed with a
"hopper"bottom to reduce the construction cost,and a divider wall
was included to provide the City with the ability to take one half of
the reservoir out of service for maintenance while continuing the
operation of the facility.
• Zone I Emergency Storage Reservoirs (32 MG), Los Alisos
Water District — Preparation of preliminary design report, plans
and specifications and resident engineering for the construction of
two 16 MG buried, prestressed concrete reservoirs. The
preliminary design evaluated the most economical solution for
storage and the aesthetic impact on the surrounding neighborhood
of two tanks with radii the length of a football field. The reservoir
designs, site improvements,grading, drainage, pipeline relocations,
improvements and resident engineering services provided for the
successful addition of critically needed emergency storage.
• 3.0 MG Reservoir No. 4, City of Fillmore — Preparation of
design, construction plans and specifications for a buried,
prestressed concrete reservoir. This project involves the demolition
of an existing 80-year old 1.0 MG reservoir and construction of a
new 3.0 MG reservoir within the same site, including interim and
final grading,site and piping plans.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
,sup
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RESUMES
Douglas J.Reinhart,P.E. Mr. Reinhart has been a part of ASL Consulting Engineers for the past
(` \ Technical Assistance 26 years and is experienced in a variety of civil engineering functions
with an emphasis on the planning; design; and construction of water,
wastewater,and control systems projects. He has directed several major
Education: multi-discipline public works projects involving streets, street lighting,
parking lots, drainage facilities, concrete and steel structures, water
Missouri School of Mines and supply,sewer systems,sanitation projects ranging from master planning
Metallurgy of entire wastewater systems to design gravity and force mains,variable
B.S.Civil Engineering, 1966 speed pump stations with capacities to 5,000 gpm, and treatment
facilities. Studies and projects completed under his direction also
Registration: include computerized water, sewer, and storm drain master plans;
reservoirs, pipelines, pump stations, and well design; and
Registered Civil Engineer instrumentation,telemetry,and control systems.
California No.22611
Registered Control Systems Mr. Reinhart is also experienced in all phases of construction
Engineer administration and inspection; contract management; and land planning
California No. 1847 and developments, including owner representation during the
Registered Civil Engineer construction phase of development projects. Studies and projects
Arizona No.29530 completed under his direction include computerized water, sewer, and
storm drain master plans; reservoirs, pipelines, pump stations, and
Professional Affiliations: telemetry installations;and roadway widening and reconstruction.
American Society of Civil Summary of Related Experience.
Engineers
• 6.3 MG Reservoir, El Segundo -- A concrete reservoir with a
American Water Works parking lot facility located directly on the roof.
Association 0 4 MG Concrete Reservoir,Camarillo
• Two 4 MG Steel Reservoirs,Thousand Oaks
American Public Works • 2 through 5 MG Steel Reservoirs, Moulton Niguel Water
Association District
• 3 MG Reservoir,Orange
Consulting Engineers • Three Concrete Reservoirs,Irvine Ranch Water District
Association of California 0 5 MG Tank,Oceanside
• 5 MG Morro Hills Steel Reservoir,Oceanside
Southern California Water • 2 MG Highlands Steel Reservoir, Moulton Niguel Water
Committee District
• 5 MG Pacific Park Steel Reservoir, Moulton Niguel Water
District
• 25 MG John Garthe Reservoir, Santa Ana — Concrete reservoir
expansion project.
• West Basin Phase I Reclaimed Water Distribution System —
Principal-in-Charge of design of 25 miles of reclaimed water
distribution pipeline in urban corridors throughout west Los
Angeles.
• Rio Hondo Reclaimed Water System — Principal-in-Charge of
design of 36 miles of reclaimed water transmission mains,
including extensive hydraulic modeling. The project included
coordination with 11 different municipalities and more than 20
different water purveyors.
• Century Reclamation Project Phase II, Central Basin
Municipal Water District — Principal-in-Charge of the design of
approximately 20 miles of distribution pipeline. The project
included leading edge techniques of designing reclaimed water
lines in urban areas.
�'
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
N.
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RESUMES
Gordon W.Ludwig Co-Founder of Pascal&Ludwig in 1952. Has provided management of
Technical Assistance heavy construction projects throughout the world including projects in
Ecuador, Nicaragua, Guam, Nigeria, Kenya, Korea, Egypt and Libya.
Mr.Pascal has extensive experience in earthwork,concrete,mechanical,
Education: and building construction.
University of California,B.S. Summary of Related Experience:
Georgia Institute of Songs II Wastewater Plant/Fire Protection Facility - General
Technology,M.S. Contractor and Project Manager of Engineering Design for a design
and build fire supply pump station and distribution system. System
Registration: conformed to NFPA requirements and was fast tracked three
months from design to completion. Project consisted of two
Registered Civil Engineer, 120,000 gallon welded steel tank and foundations;appurtenant civil
Georgia site work(AC paving,fencing,curbs/gutters);pre-engineered pump
building;two 2,500 gpm U/L electric driven fire pumps, one 2,500
Professional Affiliations: gpm U/L diesel driven fire pump; 500 gpm jockey pump, over
7,400 linear feet of C900 8-inch fire line (with valving and fire
American Academy of hydrants)—all to U/L/NFPA code and requirements.All work was
Environmental Engineers performed in-house except for the AC paving, fencing, electrical,
and tank erection. Pascal& Ludwig Engineers managed the design
phase(utilizing Wildan Engineers)and completed the project start-
to-finish in 3 months.
• Project Manager for 100,000 gpd sewage treatment plant at
San Onofre Nuclear Generating Station.
• Dyer Road Well Field for Irvine Ranch Water District-General
Contractor for construction of two pumping facilities (deep wells)
and related architectural buildings and site improvements, as well
as underground steel hydropneumatic tanks. Included all electrical
and instrumentation to integrate facilities into the City's water
system.
• Sunkist/Corona Wastewater Treatment Plant - General
Contractor for the conversion of the Sunkist Industrial Waste
Treatment Plant to a 3 MGD domestic wastewater treatment plant
and the construction of solids handling facilities at the Corona
facility. The work at Sunkist includes construction of headworks
facilities,primary clarifier rehabilitation, a screw pump station and
screw pumps, equalization basin improvements, aeration basin
modifications, rehabilitation of two existing 200,000 gallon
secondary clarifiers, a new 350,000 gallon secondary clarifier, a
new RAS/WAS pump station, a sludge pump station, percolation
ponds, approximately 3.8 miles of 6-inch ductile iron pipe sludge
force main and approximately 1.6 miles of 21-inch RCP effluent
piping. The work at the Corona facilities includes two new DAF
units, a new 400,000 gallon digester,24 new sludge drying beds,a
new storage building, expansion of the Control Building and
miscellaneous improvements.
• Richwood Treatment Plant - General Contractor for the
construction of a 175,000 gpd groundwater treatment plant in a
residential neighborhood. Composed of a 2,000 linear feet 6-inch
ductile iron pipe collection line; 25,000 gallon underground
reinforced concrete equalization tank,site slab with two 25 hp VFD
circulation pumps, 40 hp VDF backwash pump; two 10 diameter
City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
B�,nu
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RESUMES
Gordon W.Ludwig (20,000 pd) granular activated carbon filter vessel; chlorination
injection an metering system;and electrical an instrumentation.
Mr. Ludwig also has experience in design and construction of flood
control structures, landfill gas collection systems, underground tank
removal/replacements and contaminated soil remediation. He has also
been involved in the following concrete reservoir projects:
• 10.0 MG Costa Mesa Reservoir
• 2.0 MG Azusa Reservoir
• 3.95 MG Ventu Park Reservoir
C
City K of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
�u
i RESUMES
Steven Agor,P.E. Mr. Agor has over 12 years experience in analysis, design, project
Project Engineer management, construction observation and construction management
for various types of public works projects including,but not limited to,
water and reclaimed water pipeline distribution systems,pump stations,
Education: wastewater collection systems, wastewater lift stations, facility master
plans, storm drainage systems, road design, and site improvement
California State University, design.
Long Beach
B.S.Civil Engineering, 1992 Mr. Agor is knowledgeable in the use of the latest computer software
including: CADD, horizontal control, hydrology, hydraulics,
Registration: scheduling, and various word processing and spread sheet programs.
Additional experience includes cost estimating, construction schedule
Registered Civil Engineer estimating and shop drawing review.
California No.57082
Summary of Related Experience:
Professional Affiliations: .
• Canyons at Bighorn, Bighorn Development — Project Engineer
American Society of Civil for two steel tanks(1.0 MG and 1.5 MG),one buried concrete tank
Engineers (4.0 MG), and a booster pump station. Design included site
grading, overflow piping, inletloutlet piping, flex tend expansion
American Water Works joints and seismic valve. The booster station consists of two 1,000
Association gpm pumps with two cans available for future growth. Design
included chlorine injection, surge tank, electrical and controls, and
Water Environment Federation metering facilities.
• Hunt Highway Water Production Facility,Chandler,Arizona—
California Water Environment Project Engineer for the project which included 2,000 gpm booster
Association pump station and 2.0 MG steel reservoir. Project incorporated
blending of raw well water with treated system water.
^ Orange County Water Bush Way Water Production Facility, Chandler, Arizona —
Association Project Engineer for the project which included 2,000 gpm booster
pump station and 2.0 MG buried prestressed concrete reservoir.
Project incorporated blending of raw well water with treated system
water.
• Twin Oaks Reservoir, Vallecitos Water District — Project
Engineer for the preliminary design and final design for the
construction of two 33 MG buried circular prestressed concrete
reservoirs. The preliminary design analyzed various types of
reservoirs including rectangular hopper bottom,circular prestressed
and rectangular flat bottom, with conventional reinforcement or
post-tensioning. Other project issues included water quality,
internal baffle walls for circulation, dam break analysis, chemical
addition,overflow drainage,yard piping and valving, connection to
the San Diego County Water Authority treated water aqueduct, and
a recirculation and distribution pump station.
• San Carlos Reservoir Rehabilitation, City of San Diego
Engineering and Capital Projects Department — Project
Engineer for preparation of bid documents for the rehabilitation
and seismic upgrade of this 5.0 MG above grade, prestressed
concrete reservoir. Analysis included exterior and interior concrete
investigations to evaluate condition of prestressing wires and
concrete delamination; structural analysis for seismic and gravity
loads;geotechnical investigations;and corrosivity investigation.
• Temescal Desalter,City of Corona—Project Manager for
construction on the design/build of a 10 mgd RO desalter,
associated on-site and off-site facilities,and communication and
telemetry systems.
City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
. i wwa
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RESUMES
Thomas L.Epperson,P.E. Mr. Epperson has over 18 years of professional experience in water,
Project Engineer wastewater, and reclaimed water engineering. Mr. Epperson has been
responsible•for the preparation of water, wastewater, and reclaimed
water master plans;project design reports for various water,wastewater,
Education: and reclaimed water facilities; and the planning and design of water,
wastewater, and reclaimed water pipelines, along with pump stations
University of California Irvine and reservoirs. - He has been responsible for completing the design,
B.S.Environmental bidding, and construction management of over 150 miles of
Engineering, 1978 water/reclaimed water/sewer mains, 22 water/reclaimed water pump
stations, 8 well-head facilities, 8 sewer lift stations and 14
Registration: water/reclaimed water storage reservoirs throughout Southern
California.
Registered Civil Engineer
California No.36399 Summary of Related Experience.
Professional Affiliations: • John Garthe Reservoir, Santa Ana — Project Engineer for this
25.0 MG reservoir provided domestic water storage and
American Water Works distribution in the city of Santa Ana.
Association 0 Alamitos Hill Tank Conversions, Long Beach Water
Department--Project Manager for the design of the conversion of
Orange County Water two reservoirs to reclaimed water including the addition of a
Association potable water make-up pump.
• Big Canyon Reservoir Floating Cover,City of Newport Beach-
WateReuse Association - Project Engineer for the design of the floating cover for the 200
MG Big Canyon Reservoir.
American Society of Civil • Toll Plaza Reservoir, Silverado Contractors -- Project Manager
Engineers for the design of the 200,000 gallon surface reservoir and floating
cover providing domestic water and fire protection for the Eastern
� Water Environment Federation Transportation Corridor Toll Plaza.
\ _.. '' 0Conversion of Crown Valley Reservoir No. 2 to Reclaimed
Presentations: Water,Moulton Niguel Water District—Project Manager for the
design of the conversion of the reservoir to reclaimed water
WateReuse's 1993 Symposium including the addition of a potable water make-up pump.
VII: "Retrofitting from a & Aliso Summit Reservoir, Moulton Niguel Water District —
Landscape User Viewpoint" Project Engineer for the design of the 400,000 gallon partially
buried prestressed concrete reservoir.
WateReuse's 1994 0 Golden Lantern Reclaimed Water Reservoir, Moulton Niguel
Reclamation Retrofit Seminar: Water District -- Project Engineer for the design of the 3 MG
"Retrofitting for Reclaimed buried prestressed concrete reservoir.
Water Use Hardware, • Laguna Sur Reservoir, South Coast Water District -- Design
Plumbing Changes and Engineer for the 2 MG buried prestressed concrete reservoir.
Common Problems." • Hogback Reservoir, Escondido —Project Engineer for design of
this 1.2 MG steel reservoir.
• Reservoirs No. 9 and 2A, Orange — Project Engineer for the
design of a 1.5 MG steel reservoir (No. 9) and a 3.5 MG steel
reservoir(No.2A).
• Lockett Reservoir, Serrano Irrigation District -- Project
Engineer for the design of this 3 MG steel reservoir.
• South Coast Water District — Design Engineer of the 1.7 MG
steel terminal reclaimed water reservoir and the 2.4 MG steel
potable water.
• Joint Regional Treatment Plant,Moulton Niguel Water District
-- Project Manager for the design of the AWT expansion which
included a 3.0 MG prestressed reservoir and a 11.4 mgd reclaimed
water pump station.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Dale E.Wah,P.E.,S.E. Mr. Wah heads the structural division of ASL with over 20 years of
Structural Engineer experience in the design of structural projects. He is experienced in
prestressed, poured-in-place, and tilt-up concrete, masonry, steel, and
wood frame design and construction. Mr.Wah has been involved in the
Education: design of a number of multi-story office buildings, school buildings,
industrial warehouses,single family residential and condominium units,
California State Polytechnic institutional facilities, pump stations, steel and concrete reservoirs,
University,Pomona storm drainage structures, and underground vaults for both public
B.S.Civil Engineering, 1977 agencies and private developments. He has been involved in the design
of dozens of prestressed concrete highway bridges over rivers, flood
Registration: control channels,and interstate highways.
Registered Civil Engineer Mr. Wah heads the structural division of ASL's Water/Wastewater
California No.30973 Group. He has over 20 years of experience in the design of structural
projects. He is experienced in the design of both concrete and steel
Registered Structural Engineer reservoirs, having been involved in the design of over three dozen
California No.2582 concrete reservoirs,ranging in size from 1 to 33 MG, and over 75 steel
Arizona No.31093 reservoirs, the largest of which was over 10 MG. He has been a
featured speaker on the subject of the seismic retrofitting of circular
Professional Affiliations: steel flat bottom water storage tanks having spoken before the Mojave
Water Agency,the Southern California Water Utilities Association,and
International Conference of the Orange County Water Association.
Building Officials(I.C.B.O.) Summary of Related Experience:
Structural Engineers • Temescal Desalter, City of Corona — Directing the structural
Association of Southern portion of the design of a 10 mgd RO desalter.
California • Twin Oak Reservoirs, North San Diego County -- Principal
Structural Engineer for the design of two 33.0 MG concrete
American Society of Civil prestressed circular strand wrapped reservoirs. The diameter of
Engineers both reservoirs is 388 feet.. The two-way concrete roof slab was
designed to support 3 feet of soil fill. When completed, they will
American Institute of Steel be the largest in capacity of their type in the United States.
Construction San Carlos Reservoir Rehabilitation, City of San Diego —
Prepared preliminary and final design for the rehabilitation and
American Concrete Institute seismic upgrade of this 30-year old 5.0 MG above grade,
prestressed concrete reservoir. Analysis included exterior and
Tau Beta Pi interior concrete investigations to evaluate condition of prestressing
(All Engineering) wires and concrete delamination;structural analysis for seismic and
gravity loads; geotechnical investigations; and corrosivity
Chi Epsilon investigation. Recommended improvements included an interior
(Civil Engineering) ring wall, chemical injection piping, recirculation pump, value
vault, reservoir access, site improvements, landscaping and tank
coating. Mr. Wah served as the Principal Structural Engineer for
this project.
• Budlong Plant Seismic Retrofit Upgrades and Safety
Improvements, Southern California Water Company —
Preparation of plans, specifications and estimates for the structural
seismic and piping rehabilitation for two existing prestressed 1.3
MG circular concrete reservoirs, constructed in 1967. In addition,
ASL's workscope included design upgrade of the interior and
exterior access ladders and access hatches for current OSHA
requirements.
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION
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Dale E.Wah,P.E.,S.E. Rowland Water District,Rowland Heights--Prepared plans and
specifications for the construction of this 1.4 MG tank. The tank
design required the use of anchor chairs to secure the tank during a
seismic event. The tank has a horizontal design ground
acceleration of 0.56g and vertical acceleration of 0.69g.
• Structural Assessment of Water Storage Reservoirs and
Settling Basins, City of Monterey Park -- Structural assessment
of five circular concrete reservoirs and two circular concrete
settling basins,utilizing either concrete or wood framed roofs.
• Two 2.6 MG Signal Peak Reservoirs, Irvine Ranch Water
District -- Design of two prestressed circular concrete reservoirs:
one for reclaimed and one for domestic water. Both of these tanks
were completely buried.
• 3.7 MG Reservoir No. 2A, Pomona -- The design included two
options: a circular prestressed wire wrapped concrete reservoir and
welded steel tank.
• 5.2 MG Shopping Center Il Reservoir, California-American
Water Company, Thousand Oaks -- This circular concrete
reservoir consists of post-tensioned floor, wire wound walls, and
conventional concrete roof and is partially buried.
• Potrero II, a 6.0 MG Reservoir, California-American Water
Company -- The 37-feet high walls in this prestressed circular
reservoir are tensioned with grouted thread bars, vertically, and
wire wound and shot created,horizontally.
• 5.0 MG Reservoir No. 11, Rowland Water District -- This
prestressed circular reservoir is partially buried and due to the
unusual site, geology, and proximity of active faults, a special
seismic design has been performed.
• 1.0 MG San Simeon Reservoir, Office of Project Development,
State of California, Located near Hearst Castle --This circular
reservoir is completely buried. The walls have been tensioned with
seven wire,conventional strands anchored at the pilasters. The roof
consists of a two-way slab and is thoroughly waterproofed to carry
three feet of overburden.
• Seismic Rehabilitation and Crack Repair of 16.0 MG Evans
Reservoir, Riverside -- Principal-in-Charge of the seismic
rehabilitation and crack repair of this partially buried rectangular
concrete reservoir.
• Burbank Reservoir No. 1,Burbank— Directed the roof and wall
design for this project. The roof, constructed of timber, .had an
unusually irregular shape requiring special consideration for the
seismic analysis.
• 5.0 MG District Office Reservoir, Rowland Water District—
Served as supervising Structural Engineer. This reservoir was
circular in design and of wire wrapped, post-tensioned concrete
design.
• 1.0 MG San Simeon Reservoir (near Hearst Castle), State of
California —Provided design for a new reservoir of circular post-
tensioned concrete construction, completely buried. The post-
tensioning reinforcement used for this reservoir was conventional
tendons in grouted ducts.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Jerry Fujita,P.E.,S.E. Mr. Fujita has over 14 years of experience in structural design. His
Structural Engineer experience includes design and structural analysis of warehouses,
private residences, custom homes, concrete office buildings, single and
multi-story office buildings, retaining walls, and storm drain
Education: infrastructures. He has performed structural plan checks of these types
of structures for various cities and the Division of the State Architect
California State Polytechnic (DSA).
University,Pomona
B.S.Civil Engineering, 1984 Mr. Fujita has also provided earthquake damage assessment, seismic
retrofit design and structural expert witness work for building
Registration: structures.
Registered Civil Engineer Summary of Related Experience:
California No.42118
• Temescal Desalter, City of Corona — Structural project engineer
Registered Structural Engineer for the design of a 10-mgd RO desalter.
California No.3540 • Rowland Water District,Rowland Heights—Prepared plans and
specifications for the construction of this 1.4MG tank. The tank
Professional Affiliations: design required the use of anchor chairs to secure the tank during a
seismic event. The tank has a horizontal design ground
Structural Engineers acceleration of 0.56g and vertical acceleration of 0.69g.
Association of Southern • Structural Assessment of Water Storage Reservoirs and
California Settling Basins,City of Monterey Park—Structural assessment of
five circular concrete reservoirs and two circular concrete settling
Tau Beta Pi basins,utilizing either concrete or wood framed roofs.
(All Engineering) La Vina Reservoir,Lincoln Avenue Water Company,Altadena
-- Project Engineer for design of new concrete hopper bottom
Chi Epsilon reservoir with concrete two-way roof slab. Design o involved
(Civil Engineering) consideration of buried valve vault below the wall footing,creating
possible surcharge loading on vault wall.
• Shopping Center Reservoir II,Thousand Oaks—Design of a 5.3
MG concrete prestressed circular, wire wrapped tank partially
buried with a two-way concrete roof slab.
• Reservoir 2A,Pomona--Design of a 3.5 MG concrete prestressed
circular wire wrapped tank with a two-way concrete roof slab.
• Signal Peak Reservoir, Irvine Coastal Area --Design of two 2.1
MG concrete prestressed circular, wire wrapped tanks fully buried
beneath grade with a two-way concrete roof slab.
• Regulatory Structure,North County Distribution Pipeline,San
Diego County--Design of 1.25 MG concrete prestressed circular,
wire wrapped tank with a two-way concrete roof"slab. Tank design
included the use of three 11-foot deep sump pits in the tank floor.
• Joint Regional Treatment Plant Reclaimed Water Reservoir,
Laguna Niguel--Design of a 3.0 MG concrete prestressed circular
wire wrapped tank with a two-way concrete roof slab. Design of a
fully buried tank beneath grade considered high ground water table.
• Twin Oak Reservoirs, North San Diego Country — Structural
project engineer for twin 26.0 MG concrete prestressed circular
wire wrapped reservoirs. The diameter of both reservoirs is 388
feet. The two-way concrete roof slab was designed to support 3
feet of soil fill.
• Van Nuys and Longden Reservoirs, San Gabriel—Design of a
6.0 and 4.2 MG rectangular and square concrete prestressed
reservoirs partially buried with battered walls and two-way
concrete roof slabs.
City of Huntington Beach ASL Consulting Engineer
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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RESUMES
Kara Buttacavoli,P.E. Ms. Buttacavoli has three years of experience in analysis, design, and
Civil Engineer construction management for various types of public works projects
including, but not limited to, water pipeline distribution systems,
wastewater collection mains, water booster pump stations, reservoirs,
Education: and hydraulic analysis.
University of California,Irvine Ms. Buttacavoli is knowledgeable in the use of several software
B.S.Civil Engineering, 1997 packages including computer aided design and drafting, project
B.S.Environmental scheduling, cost estimating, word processing and various spreadsheet
Engineering, 1997 programs.
Registration: Summary of Related Experience:
Registered Civil Engineer Temescal Desalter, City of Corona — Lead Design Engineer for
California No.60452 Design/Build Treatment Plant that will treat 10 million gallons per
day of brackish groundwater in Phase I, with capabilities for an
Professional Affiliations: ultimate expansion to 15 million gallons per day. Treatment
system includes cartridge filters, chemical feeds, reverse osmosis
American Society of Civil membranes, decarbonators, and chloramination. Design also
Engineers includes site layout, yard piping and valving, final product pump
station and emergency generators.
American Water Works • Canyons at Bighorn, Bighorn Development — Design Engineer
Association for two steel tanks and a booster pump station. The 840 zone
reservoir consists of a 90-foot diameter 1.0 MG steel tank and the
Tau Beta Pi 940 zone reservoir consists of a 93-foot diameter 1.5 MG steel
(All Engineering) tank. Design included site grading, overflow piping, inlet/outlet
piping,flex tend expansion joints and seismic valve.
Chi Epsilon Bush Way Water Production Facility, City of Chandler —
(Civil Engineering) Project Engineer for the design of the project which included 2,000
gpm booster pump station and 2.0 MG buried prestressed concrete
Pi Beta Kappa reservoir. Project incorporated blending of raw well water with
treated system water.
• 33 MG Twin Oaks Reservoir, Vallecitos Water District —
Preliminary and final design, bidding assistance, and construction
management of two 33 MG buried circular concrete prestressed
reservoirs. The preliminary design analyzed various types of
reservoirs including rectangular hopper bottom, circular
prestressed, rectangular flat bottom, and with conventional
reinforcement or post-tensioning. Other project issues included
water quality, internal baffle walls for circulation, dam break
analysis, chemical addition, overflow drainage; yard piping and
valving, connection to the San Diego County Water Authority
treated water aqueduct, and a recirculation and distribution pump
station.
• Repair of Existing Reservoir Coatings;Otay Water District —
Design Engineer for the preparation of contract documents, plus
construction administration for the removal and replacement of the
interior coating of two steel reservoirs.
• As-needed Engineering Services, Otay Water District —Design
Engineer for the planning, design, and preparation of contract
documents for the removal and replacement of the exterior coating
of a concrete reservoir and adjoining building. Coordination was
required to temporarily relocate a major communications tower
during construction and then return the tower to its original position
upon completion of the project.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Kenneth R.Berard,P.E. Mr. Berard has extensive experience in many facets of
Permits/Environmental water/wastewater engineering. Mr. Berard has performed numerous
studies ranging from complete water master plans to efficiency studies.
His design experience includes preparing plans, specifications,and cost
Education: estimates for reservoirs, pump stations, wells, pipelines, chlorination
facilities, and pressure reducing facilities. Mr. Berard also has
California State Polytechnic extensive experience in hydraulic modeling. He has used and is
University,Pomona,B.S.Civil familiar with HZO NET,Cybernet,EPA NET, FAAST, Kentucky Pipe,
Engineering, 1986. and Waterworks computer programs. In addition,Mr.Berard is familiar
with other computer programs including AutoCAD,Excel,Lotus 1-2-3,
Stone Plus (for open channel flows), and others. Rounding out Mr.
Registration: Berard's experience is work he has done in inspection, construction
administration,shop drawing review,and plan checking.
Registered Civil Engineer
California No.45499 Summary of Related Experience:
Professional Affiliations: Milliken Avenue 9.0 MG Concrete Reservoir,City of Ontario—
Project Manager for the preparation of bidding documents and
American Water Works construction administration of the aboveground 9.0 MG prestressed
Association concrete reservoir. This high profile reservoir (visible from the I-
10 freeway) included lighting and architectural treatments to
Inland County Water resemble a sports arena.
Association 9.0 MG Concrete Reservoir 1C, Cucamonga County Water
District — Project Manager for the preparation of bidding
documents and construction administration of the partially buried
9.0 MG prestressed concrete reservoir. On-site piping was up to 35
feet below finished grade.
• Nicholas Beach Reservoir, Los Angeles County Department of
Public Works -- Design Engineer for plans, specifications, and
cost estimate for two- 1 MG steel reservoirs, 1,600 feet of 16-inch
water main,and 1,600'of access road through canyon terrain.
• Non-Potable Water System Improvements, Navy - 29 Palms
Marine Base--Project Engineer for plans, specifications, and cost
estimate for non potable water systems improvements including
over 30,000 feet of 6-inch through 16-inch water main, a 3,600
gpm vertical turbine pump station, 1,500 gpm axial flow propeller
low head pump,550 gpm vertical turbine pump station,0.4 and 0.5
MG steel reservoirs, and a 60 acre turf irrigation system. Also
provided support construction management services.
• Reservoir 4A and Pump Plant No. 6,La Habra Heights County
Water District—Design Engineer for the design and construction
administration of a cathodically protected 3.0 MG Steel reservoir
on a piling foundation and a 1,500 gpm pump station with two
vertical turbine pumps. Also required were a retaining wall up to
40-inch high around 70% of the project, 500 feet of RCP storm
drain, and 1,400 feet of 8-inch and 16-inch water main. A plant
and irrigated screening berm mitigated visual impacts.
• El Rio Facilities .Improvement, United Water Conservation
District--Project Engineer for portions of the project. The major
components of the project were a 30,00*gpm-variable speed pump
station with 4 vertical turbine pumps, new 8.4 MG floating cover
reservoir, improvements to an existing floating cover reservoir,
settling basin,and 2,700 feet of 42-inch steel water main.
�I City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
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Steve Ochsner,P.E. Mr. Ochsner has 24 years of experience in the design and construction
Mechanical Engineer management of pump stations,pipelines,water reservoirs,piping,water
treatment facilities,and water wells.
Education: His experience includes knowledge of well drilling and completion
techniques, gravel packing, well testing, casing design, well grouting,
California State Polytechnic well stimulation, well workovers and repairs, and well logging. He is
University,Pomona able to analyze and interpret caliper, resistivity, density (neutron and
B.S.Mechanical Engineering, acoustic),and gamma ray logs.
1974
Prior to joining ASL, Mr.Ochsner spent 11 years working for a major
Registration: contractor to the energy industry. He has a thorough knowledge of well
grouting,testing, and stimulation in the drilling, completion, workover,
Registered Mechanical and testing phases of oil, gas, water, injection, and geothermal wells.
Engineer He has worked on several hundred projects of varying requirements on
California No.26825 wells in California, Oregon, Washington, Nevada, Utah, Arizona,
Hawaii, and Baja California in Mexico. He developed a working
Professional Affiliation: knowledge of most underground geological formations in the Southern
California area.
American Society of
Mechanical Engineers(ASME) Summary of Related Experience:
• Van Nuys and Longden Reservoirs,San Gabriel County Water
District -- Prepared plans and specifications for the design of two
conventionally reinforced concrete reservoirs of 3.8 MG and 6.0
MG capacity. One design required compliance with an EIR and
required design review by the State of California Department of
Dam Safety. Design also included inlet/outlet piping, reservoir
controls and telemetry, grading and drainage, site improvements
and automated earthquake safety shutoff valves.
• Milliken Avenue Reservoir, Ontario — .Prepared plans and
specifications for a 9 MG circular welded steel reservoir including
reservoir design, painting and coating specifications, piping and
valving,reservoir controls and telemetry,and grading and drainage.
Design allows a post-tensioned concrete alternate construction.
• District 39 Reservoir, Horizon Reservoir, Summit Reservoir,
Los Angeles County Water Works Districts— Included in these
projects were reservoir design,specification of the reservoir coating
systems, controls, piping and valving design and layout, grading,
and drainage. All reservoirs were of the circular, welded steel
design.
• Upgrading Eucalyptus Reservoir, Kinneloa Irrigation District,
Pasadena — The design required doubling the capacity of an
existing rectangular concrete reservoir, and included new piping,
new controls,and new internal appurtenances.
• Reservoir 2A,City of Pomona—The design of a 4.0 MG circular
concrete partially buried reservoir. This reservoir replaced a 1930
vintage cast-in-place wood roof reservoir. Engineering services
included a design report to identify cost effective reservoir
replacement and construction methods. Design issues relating to
impacts on adjacent residential properties were defined and
discussed as public meetings. Prepared construction documents
addressing all community, operational, and maintenance
requirements.
C, City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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RESUMES
Michael Dorman,P.E. Mr. Dorman is responsible for the design of electrical systems for
Electrical Engineer commercial, industrial, water/wastewater and military projects,
including power distribution, lighting, control systems, cost estimating,
evaluations, and inspections. His experience also includes the
Education: involvement in the automation of industrial and food processes from
conception to startup, using PLCs and Windows-based operation
California State Polytechnic interfaces.
University,Pomona
B.S.Electrical Engineering, Summary of Related Experience:
1991
Mr. Dorman is responsible for the design of electrical systems for
Registration: commercial, industrial, water/wastewater and military projects,
including power distribution, lighting, control systems, cost estimating,
Registered Electrical Engineer evaluations,and inspections.
California No.E15119 Summary of Related Experience.
• Temescal Desalter, City of Corona — Responsible for electrical
and instrumentation on the $10.9 million of a 10 mgd RO desalter
and associated facilities, including communications and telemetry
systems between the desalter complex, the wells, and the Lester
Water Treatment Plant.
• Water Treatment Plant Electrical Upgrade, Metropolitan
Water District of Salt Lake City, Little Cottonwood Water
Treatment Plant —Project included the replacement and redesign
of a 46-kv to 12-kv station-type transformer, 12-kv switchgear, 12-
kv distribution, 1,250-kw engine-generator, motor control centers,
and panelboards. The design ensured that the existing electrical
system elements could be installed, tested, and energized before
existing electrical equipment is demolished.
• Water Well No. 12, Quartz Hill Water District, CA — Project
included a 150-hp pump with a solid-state starter and provisions for
a future chlorine pump.
• Second SDCE Pumping Station, Ramona Municipal Water
District, CA — Project included three 125-hp pumps with solid-
state starters, hydrotank controls, provisions for portable engine-
generator,and lighting.
• Water Well No. 13,City of Santa Paula,CA—Project included a
300-hp pump using a variable frequency drive and associated
controls, a chemical control panel, lighting, and provisions for a
portable engine-generator.
• Water Well No. 4, Los Alisos Water District, CA — Project
included a 50-hp pump with a solid-state starter and associated
controls.
• Water Well Site No. 1 and No. 2, Madero Ranchos, CA—Each
site consisted of a 75-hp submersible pump with a solid-state starter
and associated controls, a chemical control system, lighting, and
provisions for a portable engine-generator.
• Intake Pumping Station, City of Rockville, MD. —The project
included three 250-hp pumps with one variable frequency drive and
solid-state starters, associated controls, lighting, 2.4-kv and fiber-
optic distribution from the treatment plant. Fiber optics were
utilized to transmit telephone,PLC,and CCTV signals.
City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
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Richard L.Clark,P.E. Through hands-on experience with state-of-the-art computer aided
Survey and Mapping design and drafting combined with practical field experience,Mr.Clark
\ is highly qualified to provide comprehensive consulting services from
the preliminary planning stages through construction.
Education:
Mr. Clark's experience includes land planning, engineering design,
Colorado State University, preparation of specifications and control documents, and public agency
B.S.Civil Engineering, 1987 interface for numerous residential, commercial, and industrial
development projects including Marriott Fairfield Inn in Placentia,
California State University, Courtyard by Marriott in Palm Springs, single-family subdivisions by
San Bernardino, Chazan Homes in Palm Desert, and Marriott's Desert Springs Villas in
M.B.A., 1994 Palm Desert.
Registration: Summary of Related Experience:
Registered Civil Engineer Section 4 Golf Course--Provided preliminary andfinal design for
California No.46559 the Desert Willow golf course reclaimed water main. Consisting of
project management of 5,000 foot reclaimed transmission main to a
Professional Affiliations: 2.8 MG reclaimed floating cover reservoir. The project was
performed for the City of Palm Desert Redevelopment Agency and
American Society of Civil included coordination with Coachella Valley Water District, the
Engineers Health Department,and State Water Resource Control Board.
• The Canyons at Bighorn—Prepared entitlement exhibits and final
Beta Gamma Sigma engineering plans for this 350-unit residential and golf community.
(Business) The project includes a Tom Fazio designed golf course,
coordination with the Corps of Engineers, Department of Fish and
Consulting Engineers and Land Game, and local agencies. The project's drainage improvements
Surveyors of California included the installation of bank protection and diversion structures
to convey the Standard Project Flood.
• Marriott Desert Springs Villas 'III - Prepared entitlement and
improvement plans for the development of 103 timeshare units and
amenities on a twelve-acre parcel within the Desert Spring Resort.
The project represented the final phase of the Desert Springs Villas
development in Palm Desert and included extension of off-site
utilities, preparation of condominium plans, and site improvement
plans.
• The Gardens at El Paseo—Managed the design of this eight-acre
"high-end" retail center in Palm Desert. The project includes
pedestrian paseo and a multi-level parking structure developed in
Palm Desert's exclusive El Paseo retail district. The retail anchor
for the project was Saks Fifth Avenue.
• Marriott's Desert Springs North -Managed the entitlement work
and preliminary engineering for this 310-acre development. The
project includes 1,200 timeshare units,resort amenities,and a Nick
Faldo designed golf'course. The project represents the continuation
of Marriott's extremely successful timeshare program in Palm
Desert.
• Heartland Village, Hemet — Preparing entitlement documents
and construction documents for this 2,000 unit senior housing
project. The project consists of an 18—hole golf course designed by
Mr. Brian Curley,social club,off—site drainage and infrastructure.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Ross S.Khiabani,RCE,GE Mr. Khiabani has 20 years of professional experience in performing
Geotechnical Engineer diversified geotechnical assignments involving soil mechanics and
(71 foundation engineering, landslide analysis and stabilization, settlement
evaluations, liquefaction studies,temporary and permanent slope stability
Education: analyses,laboratory testing,and onshore and offshore exploration
Long Beach State University, During the past 16 years with Leighton, Mr. Khiabani has been actively
California involved in technical and management positions involving water facilities
M.S.,Geotechnical and infrastructure. As a project manager and principal in charge, he has
Engineering, 1980 been in close contact with clients and has had close communication with
local, city, county, and state reviewers and is quite familiar with
Pahlavi University,Iran governing codes and requirements. Mr. Khiabani is a principal with
B.S.,Geology, 1973 Leighton and is responsible for quality control and assurance of field,
laboratory,and office projects.
Registration:
Summary of Related Experience:
Registered Civil Engineer,
California No.37156 Project Manager for the expansion of the El Toro Water Reclamation
Arizona No.27068 Plant for the El Toro Water District. Leighton and Associates
Nevada No. 11256 involvement included services during design and construction of the
improvement project.
Registered Geotechnical • Project Manager for Shileds Pump Station in the City of Huntington
Engineer, Beach.
California No.2202 • Project Manager for Michealson Reclamation Plant expansion
project for the Irvine Ranch Water District.
• Project Manager for Rosmoor Pump Station for the County of
Orange.
^ 0 Project Manager for University Sewer Lift Station for the Irvine
( 1 Ranch Water District
• Project Manager for Coyote Canyon Sewer Lift Station for the Irvine
Ranch Water District.
• Project Manager for Rattlesnake Reservoir Pump Station for the
Irvine Ranch Water District.
• Project Manager for Irvine Lake Reservoir Pump Station for the
Irvine Ranch Water District.
• Project Manager for the repair and expansion of the San Clement
Water Treatment Plant for the City of San Clemente. The
geotechnical investigation included offsite investigation and repair of
adjacent slope into the Segunda Deshecha Flood Control Channel.
Services were performed during feasibility, design and construction
phases.
• Project Manager for the Goldenwest Truck Sewer and Heil
Interceptor project for the Orange County Sanitation District in the
City of Huntington Beach.
• Project Manager for geotechnical investigation of proposed water
importation pipeline for Reach Nos. 3 and 4, South Coast Water
District,County of Orange,California. This pipeline consisted of an
approximately 35,000-foot long, 27- and 21-inch diameter pipe,
extended from the City of San Clemente to the City of Dana Point.
The geotechnical issues included canyon crossings, slope stability
during and after pipeline construction, trench stability and shoring
design.
City of Huntington Beach ASL Consulting Engineers
DESIGNIBUILD FOR PECK RESERVOIR EXPANSION '
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Ross S.Khiabani,RCE,GE Project Engineer for geotechnical study of feasibility of construction
of a lake at Hansen Dam Reservoir site, Los Angeles, California.
Study included extensive drilling and testing of the proposed site and
related analysis for embankment stability under saturated and rapid
drawdown conditions.
• Project Manager and engineering support for geotechnical service for
design and construction of pump stations and reservoirs at
Wastewater Reclamation Plants 1 and 2, Cities of Fountain Valley
and Huntington Beach, Orange County California. Major
geotechnical issues addressed were shallow ground water,
dewatering during construction, liquefaction potential, foundation
design, settlement potential, and lateral pressures acting on the
underground structures.
• Project Manager and Project Engineer for geotechnical investigation
of proposed Phase II drainage project consisting of 8,000 feet of fire
water main and storm drain along Runway IL-191z, John Wayne
Airport, County of Orange, California. Geotechnical constraints
involved on this project were temporary stability of excavations and
presence of shallow ground water.
• Project Manager and Project Engineer for design and testing
geotechnical services, 22,000 feet of 51- and 54-inch diameter,
Harvard trunk sewer line, between Main Street and Santa Ana
Freeway for Irvine Ranch Water District,City Irvine,California.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
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Glen Schmidt Glen Schmidt's over twenty years of planning and landscape
Landscape&Irrigation architectural design for innovative projects within the Southwest have
earned him a reputation for professionalism,-quality, artistic integrity,
and environmental sensitivity. Throughout his career, Mr. Schmidt has
Education: been actively involved in all aspects of water conservation in the
landscape. He and his firm have been at the forefront of water
University of California at conservation related design innovations and water management issues
Davis and have been recognized with numerous awards and requests for
BS,Environmental Planning speaking engagements. In 1991,he was named Xeriscape Person of the
and Management, 1977 Year by the San Diego Xeriscape Council for his contributions to water
conservation in the landscape.
Registrations
Mr. Schmidt is skilled and experienced in leading public meetings; he
Registered Landscape has demonstrated his ability, on numerous occasions, to integrate the
Architect, ideas of diverse public and municipal groups leading toward a
California No.2138 consensus which reflects the concerns of all involved. He is also a
Nevada No.219 skilled presenter and has led numerous educational seminars and talks
Arizona No.34139 conveying technical issues to a wide range of audiences.
Professional Affiliations: Summary of Related Experience:
Member,Society of Marketing • 66 MG Twin Oaks Reservoir(s), Vallecitos Water District —
Professionals Provided landscape and irrigation design for the these two 33 MG
buried circular concrete prestressed reservoirs.
Member,American Society of 0 West Sewage Lift Station and Lake San Marcos Force Main,
Landscape Architects Vallecitos Water District — Provided landscape and irrigation .
design for this lift station.
Member,California Parks and • Temescal Desalter, City of Corona — Provided landscape and
Recreation Society irrigation design for construction on the design/build of a 10 mgd
RO desalter, associated on-site and off-site facilities, and
Member, Building Industry communication and telemetry systems.
Association
Invited Lecturer.
• "The Truly Green Garden", University of California Cooperative
Extension Garden Lecture Series,San Diego 1997. .
• "Environmentally Sustainable Landscape Design," City of San
Diego Waste Management Department Recycle by Design
Conference, 1994.
• "Landscape Management", Community Association Institute
Seminar, 1993.
• Workshop Series — "Irrigation Design and Maintenance", City of
San Diego Park and Recreation Area Managers' Continuing
Education Seminars, 1993.
• Xeriscape and Sustainable' Design Techniques at Cuyamaca
College,"Water Conservation in the Landscape," 1992.
• Water Conservation Workshop, sponsored by the City of Poway
and the Landscape Resource Group Poway, 1991. The workshop
was filmed and aired on local Southwestern and Cox cable
television.
• Water Conservation Workshop, U.S. Navy sponsored by the San
Diego County Water Authority, 1991.
• Water Conservation Workshop,Hotel Motel Association sponsored
by the San Diego County Water Authority, 1991.
City of Huntington Beach ASL Consulting Engineer
DESIGNMUILD FOR PECK RESERVOIR EXPANSION
a
RESUMES
Sam Davis Mr.Davis'24 years of experience include 19 years of strong experience
CDConcrete Superintendent in reinforced concrete construction as Superintendent and Foreman.
Summary of Related Experience:
Education:
• Pascal & Ludwig Engineers, Ontario, CA - General Foreman
California State University, responsible for concrete construction, material procurement and
Fullerton overall supervision of project subcontractors. Experienced in
B.S.,Civil Engineering, 1975 sewage plants, water facilities, concrete reservoirs, bridges and
pump stations.
United States Naval Academy, • Temescal Desalter, City of Corona — General Foreman for
Annapolis,Maryland, 1971 construction on the design/build of a 10 mgd RO desalter,
associated on-site and off-site facilities, and communication and
telemetry systems.
• EM Penn/LS Hawley, Irwindale, CA - General Foreman
responsible for concrete construction, material procurement and
overall supervision of project subcontractors. Experienced in
sewage plants, water facilities, concrete reservoirs, bridges, and
pump stations.
• Rodon Inc., Oxnard, CA - Foreman responsible for crew
management. Experienced in sewage plants, water facilities,
concrete reservoirs,bridges and pump stations.
Mr.Davis has also been involved in the following concrete reservoir
projects:
• Galivan Reclaimed Reservoir
• Meyers Canyon Reservoir
• Longdon Reservoir
• 10.0 MG Costa Mesa Reservoir
City of Huntington Beach ASL Consulting Engineers
DESIGNMILD FOR PECK RESERVOIR EXPANSION
xi
RESUMES
Tom Youngblood Mr. Youngblood has more than 25 years of experience in the
Mechanical Superintendent construction industry in the capacity of field Superintendent, General
Foreman, Licensed Contractor. Strengths include interacting with city
and county officials, supervisors, inspectors, engineers, manufacturers,
Education and Training: and suppliers involved with water and wastewater facilities. Mr.
Youngblood also brings the knowledge to build the facility, pipe and
Certified Hazardous Material mechanical installation, testing of equipment and systems, surveying,
Training,Dept.of Labor 28 excavation, heavy equipment management, personnel and sub-
CFR 1910.120 Training contractors management,and progress reporting.
Hazardous Material Refresher
Training Summary of Related Experience:
Certified Courses in 0 Robert B. Diemer Filtration Plant, Yorba Linda, CA - General
"Respiratory Protection"and Foreman of WTP expansion.
"Confined Space Entry" • Acton Water Treatment Plant, Palmdale, CA-Foreman of new
construction.
Certified Standard First Aid • Lake Arrowhead Water Treatment Plant, Lake Arrowhead,
Course CA'-General Foreman of the WTP expansion.
• Quartz Hill Water Treatment Plant,Quartz Hill,CA-Foreman
of the WTP expansion.
• J.A.Jones Construction Co.-Union Carpenter.
• Walsh Construction Co.-Carpenter Foreman.
• High Altitude Construction Co.-Licensed Contractor.
• Garney Construction Co.-Journeyman Carpenter.
Baker Form Co.-Journeyman Carpenter.
• Manhattan Construction Co.-Journeyman Carpenter.
• Morrison-Knudson-Journeyman Carpenter.
• Ebasco Construction Co.-Journeyman Carpenter.
• Brown&Root Construction-Journeyman Carpenter.
• LanMarc Construction Co.-Sub-Contractor.
• Brozek Construction Co.-Lead Carpenter.
• Lauderbach Construction Co.-Carpenter.
The above-mentioned construction projects included new construction
of prison facility, Sylmar Generating Facility, Northrop Site 42 Stealth
Fighter Assembly Facility, Fremont County Wastewater Treatment
Facility, multi-level reinforced concrete parking structure, expansion of
William Bros.Hotel,Tulsa's Childrens Hospital expansion,South Platte
River Dam Project, Brush Coal Power Plant expansion, Glenrose
Nuclear Power Plant,and custom single family residence homes, multi-
family homes,and remodels.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
.ouc
�D�1D
RESUMES
Gerry McEwen Ms. McEwen's 23 years of experience includes 13 years of safety
f Safety Officer experience; 16 years of supervision, training, and management; and l8
years of diversified accounting and computer experience. Excellent
communication skills have enabled implementation of job
Education: responsibilities at all levels of problem solving,from field laborers and
job superintendents through management and owner's representatives.
Long Beach City College, She has extensive field experience in construction safety and insurance.
Accounting Certificate She also is an active member and past co-chairperson of the
Engineering Contractor's Association Safety and Risk Management
Training and Certifications: Committee and has worked with industry leaders in this field.
California Environmental Summary of Related Experience:
Protection Agency Air
Resources Board,Visible Safety Officer, Pascal & Ludwig Engineers - Responsible for
Emissions Evaluator overseeing safety committee,maintained safety plan, inspected job
sites for safety performance, exposure, enforcement and
National Utility Contractors implementation, documented findings, conducted safety meetings,
Association,Safety coordinated training and performed accident investigations.
Management,Field Worked with insurance companies on worker's compensation,
Supervision automobile and liability loss reports and review meetings.
Responsible for follow through on OSHA visits, citations and
Seminars&Training Courses, appeals. Pascal & Ludwig Engineers won the Engineering
Competent Person,Soils Contractors Association's 1995 Safety Award.
Classifications,Shoring and Safety Officer, Colich & Sons - Ten years as Safety Officer,
Trenching,Confined Spaces, Accounting and Office Manager. Responsible for negotiating all
Fall Protection,Hazardous worker's compensation, auto and liability insurance claims and ran
Materials,Supervisor Training claims review meetings.Conducted bimonthly safety meetings with
in Accident Reduction management, superintendents and foremen and organized yearly
Techniques safety meetings for all Workers. Developed company safety
manual and updated it to address SBI98 - Cal OSHA praised it as
Professional Affiliations: one of the best they had seen. Supervised accounting department,
handled accounts receivable functions, payroll, taxes and training
Engineering Contractors for office staff including computer training. During her tenure,
Association,Safety&Risk Colich&Sons won the Engineering Contractors Association Safety
Committee Award.
American Society of Safety
Engineers,Professional
Member
�y
_City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
Luole
RESUMES
Jeff McDonnell Mr.McDonnell has 15 years of heavy engineering construction
Scheduler experience as Area Manager,Project Manager,Scheduler,Designer,
✓ Estimator,Project Engineer and superintendent in water and wastewater
treatment field,power plants,agricultural facilities,bridge and tunnel
Education: work.
California State Polytechnic Summary of Related Experience.
University
B.S.Civil Engineering Project Engineer for Sunkist/Corona Wastewater Treatment
Plant. The 3.0 MGD treatment plant included construction of
Registration: headworks, primary clarifier rehabilitation, screw pump station,
equalization basin, aeration basin, secondary clarifiers, RAS/WAS
Registered Civil Engineer pump station,sludge pump station and percolation ponds.
California No.45964 Arlington Desalter Project-Project Engineer for the erection of a
2,500 square foot concrete tilt-up building with various functional
Professional Affiliations: room subdivisions(including a computer control room, laboratory,
electrical room), and main RO filtration process room; installed
Member of Association of four 20,000 gpd GAC vessels;all yard,process piping and valving;
General Contractors five ground water pumping units in underground concrete vaults;
9,000 linear feet of 18-inch PVC collection piping (including 500
linear feet underground bore of 91 Freeway) with associated
valving,and electrical/instrumentation.
• Port Hueneme Desalter Project - Project Engineer for
construction of the 3 mgd water treatment facility including the
construction of a 6,600 square foot building with office space,
laboratory, chemical storage and associated electrical and
mechanical work, construction of a treated water booster pump
station, 660,000 gallon steel reservoir and associated piping and
sitework. Treatment process equipment consisted of a reverse
osmosis filter, a nanofiltration filter, an electrodialysis filter, and
plant computerized control system.
• Viejas Casino Sewage Treatment Plant - Project Engineer for
this prepackaged tertiary sewage treatment plant (100,000 gpd)
including all required site work, control building, sewage lift
station,5,000 linear feet of sewage force main, 4,000 linear feet of
effluent force main, irrigation pump station, spray fields, effluent
holding/percolating ponds, and required electrical/instrumentation.
Pascal & Ludwig Engineers accomplished in-house all aspects of
work except electrical/instrumentation. Plant produced Title 22
effluent in conformation with local regulatory standards.
• Copps Land and Hillsdale Pump Station for Otay Water
District - This project consisted of two separate pump stations
located adjacent to one another. The pump/buildings were of
masonry construction (totaling 7,600 square feet) with extensive
site paving and curb/gutter. The facilities incorporated 18 feet dep
pipe galleries,as well as individual rooms for electrical,temporary
owner,janitorial, pump rooms, chlorine storage and injection, and
ammonia feed equipment.
Mr. McDonnell was also involved as a project engineer, foreman and
construction manager on the following concrete reservoir projects:
• Van Buren Reservoir
• Longdon Reservoir
• Galivan Reclaimed Reservoir
• Ventu Park Reservoir
01
City of Huntington Beach 9
ASL ConsultingEngineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION Zavin'
�aow7o
RESUMES
Gene DeCarlo Mr. DeCarlo has 25 years corrosion engineering experience including
Scheduler project management,design, lab and field testing. He is experienced in
water and wastewater,oil,marine,offshore and construction industries.
Corrosivity surveys and CP designs for military and industry include
Education: large and small diameter pipelines, storage tanks, treatment plants,
marine vessels, coastal facilities and offshore structures and pipelines.
California State Polytechnic He has served as Project Engineer for numerous corrosion investigation
University,Pomona and cathodic protection design projects. Mr. DeCarlo has studied
BSME, 1972 corrosion in marine, natural water, soil, industrial process, and
atmospheric environments.
UCLA,Graduate Studies in
Material Engineering Summary of Related Experience.
Drexel University, Otay Water District — Consultant for Otay Water District since
Philadelphia,Graduate Studies 1988. Evaluated status of corrosion and protection of buried
in Metallurgical Engineering pipelines, storage tanks, and sewage plant. Developed priority list,
pipeline and tank corrosion control philosophy and corrosion
National Association of testing requirements. Prepared comprehensive corrosion control
Corrosion Engineers,Course program including operation and maintenance manual.
Two,Corrosion Protection Pipeline 4 Extension, Phase II, and North County Distribution
Pipeline, San Diego .County Water Authority — Conducted
University of Santa Clara, complete soil corrosivity survey and impressed current cathodic
Lockheed Management protection design for eight mile,72-inch diameter P4EII. Provided
Institute similar services for the North County Distribution Pipeline where a
sacrificial anode system was used.
Appalachian Underground Helix Water District — Corrosion Consultant for Helix Water
Corrosion Conference District since 1989. Conducted stray current testing on lines
Western States Corrosion affected by the San Diego Trolley. Evaluated existing CP systems
Conference and provide cathodic protection designs for steel pipelines.
• City of San Diego Metropolitan Wastewater Department —
Registration: Corrosion consultant for 15 pre-design and 13 design projects.
Projects included soil corrosivity studies, soil analysis and stray
Registered Professional current investigations, cathodic protection design, economic
Corrosion Engineer analysis of pipe material options,and construction support services.
California No. CR-1011 Point Loma Sewer Outfall Project, Parsons Engineering
Science,City of San Diego—Investigation and design included 12
Professional Affiliations: miles of deep tunnel,a headworks structure,a tie-in structure at the
Point Loma Treatment Plant, an offshore riser and ocean floor
National Association of distributor piping.
Corrosion Engineers City of San Diego University City Subsystem, Project Design
Consultants — Evaluation of corrosivity for large area reclaimed
American Society if Metals water distribution system including corrosion control
recommendations and cathodic protection design.
American Water Works • Helix Water District—Conducted stray current interference study
Association on three large diameter pipelines. Analysis included effects of
interfering rectifiers and testing and assessment of stray currents
American Society of Testing due to San Diego Trolley.
Materials • Moulton Niguel Water District — Corrosion consultant since
1989. Responsible for establishing a District corrosion control
program. Evaluate, monitor, and document existing cathodic
protection systems. Review new projects and incorporation District
corrosion control standards.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
®�iECIL
�ypw10
SCHEDULE
he following pages contain our proposed Our schedule will be expanded to a full CPM sched-
schedule for the Peck Reservoir Expansion ule using Primavera P3 for Windows.This sched-
Project. We have assumed a City Council ule will be updated on a regular basis to reflect
approval date of December 4, 2000 and a Notice actual vs.planned activities.
to Proceed by January 15,2001.
The schedule will show duration,precedence and
Our schedule includes all Design Engineering,City interdependence of activities.Pascal&Ludwig will
Reviews,Permits,Reports,CEQA documentation submit monthly detailed reports to the City as the
and approvals.We have allotted a full four months work progresses to accurately reflect the actual
for the entitlement process. progress with explanations for changes or revised
operations.Any schedule slippage will be immedi-
Construction is schedule to begin in the Summer of ately addressed and correction actions taken.
2001.We have included ample time for unforeseen
events,poor weather,start-up,testing and project
close-out. Pascal &Ludwig is planning to com-
plete the project in advance of the 840 calendar
days allotted in the RFP.
City of Huntington Beach ASL Consulting Engineers
DESIGNBUILD FOR PECK RESERVOIR EXPANSION
wua
b
Activity Activity Orig I Free Early Early, 20D0 1 2001 2002 pgp3
ID Description Dur Float Start finish D J FEB MAR APR Y JUN JUL AUG SEP OCT NOV DEC J MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AN F MAR APR MAY J
I
Ot000 GtycormatApproval o 631 o4DEco0' cdythuncOApproval
01010 Notice to Proceed 0 0 15JAN01' •i Notice to Proceed
01020 Partnering Meeting 0 1 15JAN01' ♦Partnering Meetih9
lid 01650 Submit As-Buib 10 - 0 29AUG02 11SEP02 : Submit As-guilts
07660 Review AsBuilts 15 153125EP02 020CT02 - Review As$uilts
01620 Project Completion 0 0 JOSWYOW -- — Project Completion'
01030 Initial Meeting 1 016JANW* 16JAN01 Initial Meeting - -
01040 Preliminary Design(30%) 10 0 17JAN01 30JAN01 ' Preliminary Design(30%)
01060 Geotechnical Report 20 35 17JAN01 13FEBOt Geotechnical Report -
01070 Corrosion Report 15 40 77JA1401 06FEH07 Corrosion Report
01050 City Review 15 0 31JAN01 2DFEB01j. City Review -
--- - ---- - ---.-_ I.__.--
01680 Preliminary Design(60%) 20 021FEB01 20MAR01 i Preliminary Design(60%) - �--._�--� -
01690 City Review 10 0 21MAR01 03APROI City Review
OtOBD Final Design(90%) 20 0 04APRDI OtMAY01 VFinal Design(90%)
01090 City Review 10 0 02MAYD7 15MAY07 - City Review
01100 Final Design(100%) 15 38 16MAY01 05JUN01 TFmal Design(100%)
Ot1f0 Initial Study 10 022JAN01' 02FEBOI Irjittal Stkby
01120 City Review 10 0 05FEDDI 16FE801 -
CMyReview .
07130 Filing,Notices&Distribution 20 0 19FEB01 16MAR01 � �, I Filing,Notices 8 Disfritrotion
01140 Fnal Approval 10 10 19MAR01 30MAR01 Final Approval I
I �
01150 Penning Department Review 30 0 05MAR01` 13APRDt Planning Department Review
01160 Zoning Administrator Approval 25 0 16APR01 18MAY01 i Zoning Administrator Approval
01170 Public Hearings 30 0 21MAY01 29JUNOf Public Hearings
01180 Final Approval 20 0 02JUL01 27JIq-01
FbW Approval
01220 Building Plan Check 20 0 09APR01• 04MAYOI j 7 Building Plan Check -
01250 CADHS 20 0 09APRO1' 04MAY07 - WCA DHS
01260 OCWD 20 0 09APR01• 04MAYOt I VOCyyp
01270 OCHCA 2D 0 09APR01` 04MAY01 VOCHCA
01190 Grading Pen Cheek 15 5 09APR01' 27APR01 ��, I ®Grading Plan Check
01210 Truf ie Control 15 5 09APR01` 27APROl7rTratlk Control j
01280 Best Marregernerd Pen SWPP 15 509APR01• 27APR01 Best ManagementPlan SWPP
01200 Haul Roue 10 10 09APR01• 20APR01 j I Haul Route
01230 Elee4taf 10 10 OSAPR01• 20APR01 - I Electrical I !
01240 Plumbing 10 10 09APR01' 2MPR01 VPkimbkq ! i
01290 mttiel Review Period 15 0 07MAY01 25MAY01 I ,
01300 Revisions 15 0 28WY01 45JUN01 I Initial Review Period j
I
Revisions I
01310 2nd Plan Cheek 5 0 18J11N01 22JUN01 2nd Plan Cheek
01320 Revisions 10 0 25JUND1 O6JULOt ! I Revisions
01330 Faret Check 5 0 09.AH_Ot 13JULOI TFInalCheck j
01340 Approvals 5 516JUL01 2DJULOt
Approvals I
I
rD1730
SubmitMecrenkalMaferiats 20 021FEB01 20MAR01 1
Submit Mechanical Materials
Submit Earpmvork Materials 20 O 21FE601 20MAR07 Submit Earthwork Materials
Submit ConcrataMaedae 20 02tFEB01 20MAR01
Submit Cone, Materials
Submit Electrical Matereb 20 0 21 S01 20MAR01 1 Submit El ctriea[Material§ubmit Architectural Materials
SubmitArchiecturalMateree 20 021FESDI 20MAROt Submit Skawwk Maertab 20 0 21FEB01 20MAR01 Sbbmh Sitewor4 Materials
01780 ReviewMechanialSubmilteh 15 0 21MAR01 tOAPROt '
Review Mechanical Submittals
;6R Dab GOECDO HaDB Sheet t of 2
Finish Dab 04DECD
Data Dab 06)E(ZIO ®Float a.r Pascal&Ludwig Constructors Dals Revision Checked A
Run Dab I NOVOD i635 Ropesa Bar
Cdlk l AtMAy Peck Reservoir Expansion
Preliminary Schedule
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MISCELLANEOUSINFORMATION
The following sections and attachments are in re- establishes that Pascal &Ludwig has the capacity
sponse to the Request for Proposal.The following to obtain all required payment and performance
responses are as requested by City Council Reso- bonds.
lution No.99-101: Pascal & Ludwig and ASL can provide liability
• Pascal &Ludwig and ASL each have more than insurance,errors and omissions insurance,as well
the forty-five (45) years experience in the plan- as a financial capacity to complete the project from
ning, design, and construction of concrete po- insurers acceptable to and in a form acceptable to
table water reservoirs. the City. Insurance documentation is included in
• ;ASL will provide 90%of the planning and design our Financial section.
of the project. Our only subconsultants on the Pascal&Ludwig and ASL have had no pending
project will be our Geotechnical Engineer and our construction or design claim or litigation exceed-
Landscape Architect. 'ing$500,000 or 5 percent of the annual value of
the work performed in the past five (5)years.
• t Pascal&Ludwig will provide approximately 80%
of the field construction portion of the project. • Pascal & Ludwig and ASL have had no serious
Subcontractors will be used for paving;roofmg, violations of the Occupational Safety and Health
electrical,and landscaping. Act,as provided in Part 1 Division 5 of the Labor
Code,settled or filed against any member.
• Pascal &Ludwig and ASL each have more than
the required three design build projects. The two • Pascal&Ludwig and ASL have had no violations
firms are also currently working together on two of federal or state law,including,but not limited to
design/build projects. those laws governing the payment of wages,iles ben-
efits, or personal income tax withholding or Fed-
• Detailed design documents will be produced at eral Insurance Contribution Act (FICA)withhold-
miles local Irvine office which is less than 20 ing requirements, State Disability Insurance with-
miles from the site. holding or Unemployment Insurance payment re-
• Pascal&Ludwig currently possess a valid Class quirements,settled or fled against any member of
A General Contractors License required for the the Companies' entity over the past five(5)years.
project.ASL has the required registered civil,me- . Pascal&Ludwig and ASL have no violations of
chanical, electrical and structural engineers re- Section 10162 of the Public Contracts Code.
quired for design.
• Pascal&Ludwig andASL understand that all docu- • Pascal & Ludwig has no violations of the Con-
ments required for the design and construction of tractor State License Law(Chapter 9)commenc-
the project will be subject to review and approval mg with Section 7000(Division 3 of the Business
by the City and all construction must be in con- and Professions Code), excluding alleged viola-
formance with the RIP requirements, approved tions or complaints.
plans and specifications. Design drawings and Pascal&Ludwig and ASL have no criminal con-
specifications shall be subject to review and ap- victions or finding of liability or settlement in a
proval by the City.We also understand that noth- civil action involving any member of the Compa-
ing in this requirement shall prohibit the Design- nies'entity of submitting a false,fraudulent claim
Builder from obtaining partial or conditional ap- to a public agency over the past five(5)years.
proval and proceeding with portions of the work: Pascal&Ludwig and ASL hereby declare that they
• Our Financial section contains documentation that shall comply with all other provisions of law ap-
n plicable to the project.
City of Huntington Beach ASL Consulting Engineers
DESIGN/BUILD FOR PECK RESERVOIR EXPANSION
INSURANCE
DOCUMENTS
:.<.
:::;<'' ? ..:%:: <;: - :. .::.�:.�....:.:: .. DATE(MM/DD/YY)
A CC.RrDMt # "I FI "E ::L, T `::: l l <1.� ::::::::::
;:.;:.;;:.: .;:.;:.:; :.:;.;:.; :.: ;:.: :.>: .:: : ::.. .. :::.: ..:.:::::.... .:. At�IE:::1>::flF ::>:1: 7-NOV-2oo0
PRODUCER 79517 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis Insurance Services of Orange County,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1551 N.Tustin Ave #1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Ca.Dept.of Ins. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,Ucense#0634704 COMPANIES AFFORDING COVERAGE
to Ana CA 92705 19410-001 (SANA)
4)953-9521 COMPANY Commerce and Industry Insurance Company
Julie Sarkauskas A
INSURED 13269-001 (SANA)
COMPANY
B Zenith Insurance Company
PASCAL&LUDWIG CONSTRUCTORS COMPANY
2049 E Francis Street C
Ontario CA 91761 COMPANY
D
.........
:.....::.:..:.:.:.::.:.................................................... ... .. ...::.:.......................... ... ............ ...:... .:..::::...:..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER MM DD LIMITS
DATE( � JYY} DATE(MM/DD/YY)
A GENERAL LIABILITY 4177789 13-OCT-2000 13-OCT-2001 GENERALAGGREGATE $ 2.000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2.0 0 0,0 0 0
CLAIMS MADE FK OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1.000,000
X $2,500DEDUCTIBLE FIRE DAMAGE(Any one fire $ 50.000
BI&PD MEDEXP(Anv oneperson) 5.000
A AUTOMOBILE LIABILITY 7666797 13-OCT-2000 13-OCT-2001 COMBINED SINGLE LIMIT $ 1.000,000
X ANYAUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTYDAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND Z042602905 13-OCT-2000 13-OCT-2001 X I TrORY LIMITS OTH-
ER
EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1.0 0 0.0 0 0
THE PARTNE SIEXE U INCL EL DISEASE-POUCY LIMIT $ 1.000,000
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE 1.000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Forms CG2010 11/85 and WC040406 4/84 are Applicable & Attached
RE: RFP for CC #1102 - Peck Reservoir Expansion Project
FOR BID PURPOSES ONLY
: ::..:.;.;:.:.;...............::....:.:.....:.:. .......... ..:...... . :::: .:.: :, ..;
F#3T#F#CAt. E:.HOLDER:'::.:::.:::::. ...... ;OANGE#:LA.. . 1:1E)1}a$1ara!Iw1Fri.m itl..............
.;;.:. .;.:.:.;.:::;::.;. ;; :.;:.:.::::::.:::.:::.:::.:..::.;.. T#ON................R........... .:......::::.:.:.::Y...................... ...... . .::..:.. .. .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X JN=ft MAIL
City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main St Bll(D(IFXILXI8EX1f0(kWNO(7GtltlEOCNrgYtC7c9(6fKIgXMpiDtlB(lA1A�cQiNKOGYUfIDNCIdtitCKCt1><3XM1cYCXX
P.O Box 190 xNYx)mNsxxwt*xx1U x XXCB+CxxaK 7C9(xto Xx
(Huntington Bch CA 92648 UTHORI ED REPRESENTATIVE
!.
AtflRO 25 116
: "�
.. .:.
ACOR1]>CQR f!N'f:9813 z€':
Policy Number: 4177789
Named Insured: Pascal & Ludwig Constructors
This Endorsement Changes the Policy. Please read it carefully.
Additional Insured — Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following
F COMMERCIAL GENERAL LIABILITY COVERAGE PART.
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SCHEDULE
RE: RFP for CC#1102— Peck Reservoir
` Expansion Project
I FOR BID PURPOSES ONLY
Name of Persons or Organization
City of Huntington Beach and it's officers, employees and agents
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E I And;
Any person or organizations that the insured has agreed and/or is required by contract to
name as an additional insured.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
It is further agreed that the insurance provided by this endorsement is primary. Other
insurance afforded to the additional insured shall apply as excess of, and not contribute
with, the insurance provided by this endorsement.
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CG 20 10 11 85 Includes copyrighted material of Insurance Services Office, Inc.with it's permission
Copyright, Insurance Services Office, Inc. 1984
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WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306(4/84)
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WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy.
We will not enforce our right against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under a written contract that requires you
to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5 % of the California workers' compensation
premium otherwise due on such remuneration. v
Schedule
Person or Organization:
?ity of Huntington Beach and it's officers, employees and agents
and;
any person or organization that the insured has agreed and/or is required by contract to include a
Waiver of Transfer of Rights of Recovery against Others endorsement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation
of the policy.)
Endorsement Effective: See Certificate Policy No.: Z042602905
Insured: Pascal & Ludwig Constructors
Insurance Company: Zenith Insurance Company