ADDENDUM #3. Design/Build Contractor RFP Bid # for the. Joint-Use 21 st Century Post-Century Education Center.

Transcription

1 ADDENDUM #3 Design/Build Contractor RFP Bid # for the Joint-Use 21 st Century Post-Century Education Center SJECCD California July 17, 2014

2 SAN JOSE EVERGREEN COMMUNITY COLLEGE DISTRICT 4750 San Felipe Road San Jose, CA Design/Build Contractor RFP Bid # Joint-Use 21 st Century Post-Secondary Education Center Located in Milpitas California ADDENDUM #3 CONSISTS OF THE FOLLOWING 1. ACKNOWLEDGEMENT 2. DESCRIPTION OF CHANGES Respondents sign and return one copy of this addendum with your proposal. Failure to do so may subject respondent to disqualification. The Addendum #3 supersedes and modifies portions of the RFP issued by the District for: Design/Build Contractor, Joint-Use 21 st Century Post-Secondary Education Center, Milpitas, California. Carlos Marques Purchasing Agent (408) Date: Company Name: Signed By: Printed Name: Phone/Fax:

3 Joint-Use 21 st Century Post-Secondary Education Center Design/Build Contractor RFP Bid # Respondents Questions and Description of Changes July 17, 2014 ADDENDUM NO. 3 The Following Changes, deletions, additions, and/or alterations in, on and to the RFP shall apply to proposals submitted for the project identified above. Careful Note of This Addendum shall be taken by all parties of interest so that the proper allowance may be made in all computations, estimates and contracts, and all Proposers affected shall be fully advised in the performance of the work which will be required of them. In Case of Conflict between the RFP and this Addendum, this Addendum shall govern. This Addendum supersedes all previous instructions pertaining to the items. Questions received to the RFP: Item 1 Re: Scoring RFP Section 4.3 Clarification: Revise Evaluation Factors as follows: A. Price.1 Price 20 B. Non-Price Factors 1. Technical Expertise and Design Excellence Safety 0 3. Proposer s Management Plan (Incl. IPD) Interviews 30 Total 100 Revise Scoring of Price Factors as follows:.1 Section Add d. Experience with Pre-Engineered Systems..2 Section Safety Record 0 Points Delete Per Education Code...of the Labor Code and and will... for this section..3 Section Points - Scores for the Proposer s Management Plan s they might apply to conventional and Pre- Engineered construction methods shall be based on the following..4 Section Points See Revised Section Scoring of Price Factor attached RFP DB Contractor Joint-Use 21 st Century Post-Secondary Education Center Addendum #3 Page 1

4 Item 2 Re: Geotechnical Information Attachment 6 Clarification: Geotechnical information is not available at this time. Item 3 Re: Contingency Attachment 9 General Conditions, Section Clarification: Add Any remaining Contingency balance at the end of the project will be shared savings 50/50 with the Owner and Design-Build Entity. to Attachment 9, General Conditions, Section Item 4 Re: Agreement Attachment 9, Contract Time Clarification: Section Design and Construction Change Six Hundred Sixty-Six (666) to Seven Hundred (700) Add to last line, or on August 1, 2016, whichever comes first. Revised Agreement Attached. Item 5 Re: Special Conditions Attachment 15 Clarification: Add Attachment 15 to RFP Special Conditions attached. Item 6 Re: Construction Careers Program Agreement Clarification: Please note, Attachment 15 Special Conditions, Section 9 In order to be responsive, all Design Build Entity s submitting bid proposals on this project must submit the Construction Careers Agreement's Appendix A - "Agreement to be Bound" and Appendix B - Construction Technology Program "Agreement of Contractors" with their Bid Proposals. Item 7 Re: Program Priorities Question: Our team would like to know if there is some way to learn if the clients and users of this facility would prefer to have all or much of the functionality represented in the program (and expand to the full program area in the future), or if providing the full areas defined in the program (but without all the operable walls and spatial relationships) would be preferred. It seems we are in a place of needing to "guess" at what is most important to the clients and users if we cannot provide the full or even required elements of the program (functionality and area). Therefore we would like to request a prioritization system, or an opportunity to learn from the clients and users, so what we prose will best meet the most important needs of the clients and users. Are there any opportunities to learn more about the relative priority of these items? RFP DB Contractor Joint-Use 21 st Century Post-Secondary Education Center Addendum #3 Page 2

5 Answer: Priorities are being developed by the District and will be reviewed with the Design-Build Entity upon completion of the Final Program and beginning of the Design Phase. Item 8 Re: Site Plan Requirements Question: With respect to Proposal Form Attachment 10, as revised by Addendum #2, should we provide a separate Site Plan for each type of construction method (Conventional Construction and Pre-Engineered Systems)? Answer: A separate Site Plan for each type of construction is not required. Please provide one (1) Site Plan. Item 9 Re: Costs for Design-Build Subcontractors Clarification: Design fees and pre-construction costs for design build subcontractors are to be included in Part 1 A for both conventional and Pre-engineered options as applicable. List only the General Contractors General Conditions and Fee in Part 1 B and C. The subcontractor s General Conditions and Fee would be included in Part 2 Hard Costs. Item 10 Clarification: After receiving the RFP submittals from the Design-Build teams it will be the intent of the District to select a team according to the considerations outlined in the RFP, article 4.3 and clarified in this Addendum. Once the Design-Build team has been selected and approved by the Board of Trustees the Owner will initiate the design process with the DB team and work together to establish the most appropriate methods of construction that will provide the most program space for the Owner and maximize the project budget. This is a design to budget project. A completed Program document along with a Soils Report and draft EIR will be made available to the selected Design-Build team. Priorities in the project scope will be considered along with alternate ways of meeting the program needs. ~End of Addendum #3~ RFP DB Contractor Joint-Use 21 st Century Post-Secondary Education Center Addendum #3 Page 3

6 Scoring of Price Factor. Addendum #2 Addendum #3 1. Price 20 Points The ranking of the Design-Build Proposals from most advantageous to least advantageous will be based on the point totals (the highest point total being the most advantageous and lowest point total being the least advantageous ) using the following formula: (Lowest Price submitted divided by Proposers Price) x 20 + Non-Price Factors Score = Total Points Scoring of Non Price Factors. 1. Explanation. Scoring of all Non-Price Factors will be based on the gross scores received from the evaluation of the Proposer s information provided for each of the Factors listed in Section Part B, above. 2. Technical Expertise and Design Excellence 25 Points Scores for Technical Expertise and Design Excellence shall be determined based on each of the following sub-factors, based on the information provided in the Design-Build Proposal: a. A site plan and general discussion of one (1) (RFP Addend #1) architectural design concepts for the Joint-Use 21 st Century Post-Secondary Education Center project presented by the Proposer. b. Approach to the importance of aesthetics of the new design regarding the image it presents to the community and its compatibility with the surrounding school buildings and neighborhood. c. Approach to the use of BIM within your team and its application to this project. d. Experience with Pre-Engineered Systems. 3. Safety Record 0 Points Per Education Code 81703, each Proposer must have an experience modification rate for the most recent three-year period is an average of 1.0 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period must not exceed the applicable statistical standards for its business category, or if the (Proposer) is a party to an alternative dispute resolution system as provided for in Section of the Labor Code. Each Proposer that has completed a Pre- Qualification Questionnaire will have already met this minimum requirement and will receive maximum points allotted for this section. 4. Proposer s Management Plan (Including Applying IPD Principles). 25 Points Scores for the Proposer s Management Plan as they might apply to conventional with and Pre-Engineered construction methods shall be based on the following: a. General approach to working together with the District as a member of an integrated project team to develop an architectural design, maintain budget, schedule and quality of project. b. Use of IPD contract principles with subcontractor and subconsultant agreements. c. Use of IPD & Lean Construction Techniques listed below in a Collaborative Environment i. Target Value Design Approach ii. BIM Utilization Approach iii. Pull Plan Scheduling Approach iv. Value Stream Mapping Approach SJECCD Joint-Use 21 st Century Post-Secondary Education Center Design/Build RFP # Page 17 of 29

7 5. Interviews 30 Points After the interviews have been conducted for all Proposer s, the results shall be scored based on the following: a. Proposer s understanding of, and responsiveness to, the requirements of the RFP Documents. b. Proposer s presentation of the design concept and proposed construction methods for the Project. c. Proposer s demonstrated ability to collaborate with members of the Design/Build team and their willingness to collaborate with the client during the design phase SJECCD Joint-Use 21 st Century Post-Secondary Education Center Design/Build RFP # Page 18 of 29

8 SJECCD Project No. 309 AGREEMENT: JOINT-USE 21 ST CENTURY POST-SECONDARY EDUCATION CENTER This Design-Build contract between District and Design-Build Entity ( Design-Build Contract ) is entered into on this 27 th day of August, 2014 by and between the San Jose Evergreen Community College District ( District ) and XXXXXXXXXX at XXXXXXXXXX ( Design-Builder ). 1 DEFINITIONS Capitalized terms used in the Contract Documents shall have the meanings assigned to them in the General Conditions. If not defined in the General Conditions they shall have the meanings assigned to them elsewhere in the Contract Documents. If not defined in the General Conditions or elsewhere, they shall have the meanings reasonably understood to apply to them by the context of the portion of the Contract Documents where such terms are used. 2 THE WORK 2.1 SCOPE OF WORK Design-Builder shall execute the entire Work called for by the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of District or other Project Team members retained by District. 2.2 STANDARD OF PERFORMANCE In addition to and without limiting Design-Builder s other obligations under the Contract Documents, Design-Builder shall at all times in its performance of its obligations under the Contract Documents conform to the following general standards of performance: Comply with the requirements of the Contract Documents; Comply with Applicable Laws; Conform to the standard of care applicable to those who provide design-build project services and construction of the type called for by this Design-Build Contract for projects of a scope and complexity that is comparable to the Project; Furnish efficient business administration of the Work, utilizing sufficient senior level management and other qualified personnel to manage the Work; and Apply its best and highest skill and attention to completing the Work in an expeditious and economical manner, consistent with the expressed best interests of the District and within the limitations of the Contract Sum and Contract Time. 3 CONTRACT TIME 3.1 DATES OF COMMENCEMENT The Contract Time for completion of the design portion of the Work shall be measured from the Date of Commencement of Design. The Contract Time for Substantial completion of entire Work, including the design and non-design portions, shall be measured from the Date of Commencement of Construction. RFP # Attachment 9: Design/Build Agreement Page 1 of 5

9 SJECCD Project No NOTICES TO PROCEED The design portion of the Work shall not commence prior to the date fixed in the Notice to Proceed with Design. No physical construction at the Site shall proceed prior to the date fixed in the Notice to Proceed with Construction. 3.3 CONTRACT TIME Design. The Design-Builder shall complete the Final Construction Documents and receive DSA approval. A Notice to Proceed for the Design Phase will be issued upon full execution of this contract Design and Construction. Design-Builder shall achieve Substantial Completion of the entire Work, including the design and non-design portions of the Work, not later than Seven Hundred (700) Calendar Days after the Date of Commencement of Design/Construction and shall achieve Final Completion of the entire Work not later than forty-five (45) Days after the occurrence of Substantial Completion or by August 1, 2016, whichever comes first. 3.4 LIQUIDATED DAMAGES TO DISTRICT District Right. The District and the Design-Builder acknowledge and agree that if the Design- Builder fails to Substantially Complete the Work within the Contract Time, the District will suffer substantial Losses which are both extremely difficult and impracticable to ascertain and on that basis agree, as a reasonable estimate of those Losses and not a penalty, to the payment by Design-Builder of liquidated damages pursuant to this Section Daily Rate. If the Design-Builder fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, the Design-Builder shall pay the District as liquidated damages the amount of One Thousand Five Hundred Dollars ($1,500) per Day for each Day occurring after the expiration of the Contract Time for Substantial Completion until the Design-Builder achieves Substantial Completion of the entire Work Extensions of Time. Liquidated damages shall not be charged to Contractor for Delays to Substantial Completion for which the Contractor is entitled under the Contract Documents to receive an adjustment of the Contract Time for Substantial Completion Partial Completion. Liquidated damages shall not be reduced or apportioned for Substantial Completion of portions of the Work prior to Substantial Completion of the entirety of the Work Remedies. District may deduct such liquidated damages as are payable hereunder from money due or to become due to the Design-Builder, or pursue any other legal remedy to collect such liquidated damages from the Design-Builder and/or its Surety Not a Limitation. District s rights under this Section 3.4 shall not be interpreted as precluding or limiting: (1) any right or remedy of District in the event of an Event of Design-Builder Default other than a failure to Substantially Complete the Work within the Contract Time; or (2) District s right to order an acceleration, at Design- Builder s Own Expense, of performance of the Work to overcome Delay, including, without limitation, a Delay for which District has the right to assess liquidated damages. RFP # Attachment 9: Design/Build Agreement Page 2 of 5

10 SJECCD Project No CONTRACT SUM 4.1 LUMP-SUM CONTRACT Price. District shall pay the Design-Builder in current funds for the Design-Builder s complete performance of the Work in accordance with the Contract Documents. District will pay Design-Builder a Lump Sum Price to be negotiated at the end of the design phase of the Contract, including an open-book buyout of subcontracts. The end of the design phase is deemed to occur when the design documents for the Project receive Division of State Architect ( DSA ) approval. In no event, however, shall the Lump Sum Price be greater than the Maximum Allowable Price (MAP) of Seven Million Five Hundred Thousand Dollars ($7,500,000). The MAP is the maximum amount the District will pay and includes all costs and fixed fees set forth below for Design and Pre-Construction Services, Construction Services, Fee, and Hard Costs as defined below. 1. Maximum Allowable Price (MAP). This is the advertised price that is the maximum amount contained in the District s budget for all Work to be provided by the Design-Builder, and is the amount the Design-Builder agrees, through its control of the design, in collaboration with the District, will not be exceeded when establishing the Lump Sum Price. 2. Fixed Fees. Fixed fees include Design and Preconstruction Services. Construction Services and Fee, as defined below. 3. Open Book Buyout of Subcontracts. This shall be accomplished collaboratively with the District during the design process using Hard Costs as the design target amount. The final Hard Costs amount will be included in the Lump Sum Price Design and Pre-Construction Services. The total fixed sum payable for Design and Pre- Construction Services shall be XXXXXXXXXXX ($XXXXX.XX) subject to adjustment by Change Order, according to terms of the Design-Build Contract. This amount shall be incorporated into the Lump Sum Price as stipulated in Article The amount payable to the Design-Builder in the event that the Design-Build Contract is terminated prior to commencement of construction shall be limited to a prorated amount of the Design and Preconstruction Services, based on the percentage of acceptable completion of the Construction Documents that has been accomplished by Design-Builder at the time of such termination Construction Services. The total sum payable for Construction Services shall not exceed XXXXXXXXX ($XXXXXX.XX). These sums are incorporated into the MAP as stipulated in Article Fee. The Fee payable to the Design-Builder shall not exceed (XXXXX %) of the MAP, not to exceed XXXXXXXXXX ($XXXXX.XX). These sums are incorporated into the MAP as stipulated in Article Hard Costs. The total sum payable for Hard Costs shall not exceed ($XXXXXX). These sums will be incorporated into the Lump Sum Price as stipulated in Article and include 2% Design-Builder contingency All Inclusive Lump-Sum Price. This shall be the sum total of Fixed Fees and final Hard Costs established at the end of the design phase of the Contract. The Contract Sum set forth in Article 4 is the total lump-sum maximum amount payable by District to Design-Builder for performance of the Work under the Contract Documents and is deemed to cover all Losses arising out of or related to the performance of the Work, including, without limitation, the effects of natural elements upon the Work, unforeseen difficulties or obstructions affecting the performance of the Work (including, without limitation, unforeseen conditions at the Site that do not constitute Differing Site Conditions) and fluctuations in market conditions and price escalations (whether occurring locally, nationally or internationally) from any cause. RFP # Attachment 9: Design/Build Agreement Page 3 of 5

11 SJECCD Project No ENUMERATION OF CONTRACT DOCUMENTS 5.1 LIST OF CONTRACT DOCUMENTS The Contract Documents include, without limitation, the following: Project Criteria. The Project Criteria set forth in the RFP Documents RFP Documents. The RFP Documents and Addenda, with the exception of Approved Deviations Design Build Proposal. The Design-Builder s written responses to the RFP, including its Proposal. The Contract Documents shall not include any portion of the Design-Build Proposal that deviates from the Project Program or Criteria Design-Build Contract. This executed Design-Build Contract between District and Design-Builder General Conditions. The General Conditions to the Design-Build Contract Division One Requirement. The Division One Requirements to the Design-Build Contract General Requirements, Supplemental and Special Conditions. Any General Requirements and Supplemental and Special Conditions Final Construction Documents. The Final Construction Drawings and Technical Specifications to be hereafter prepared by the Design-Builder and its Subconsultants that are accepted by the District and approved by the DSA in accordance with the terms of the Contract Documents; provided, however, that, with the exception of Approved Deviations, the Contract Documents shall not include any portion of the Design-Build Proposal that deviates from the Project Program or Criteria Addenda. All Addenda associated with the completed set of contract documents Reference Documents. All Reference Documents associated with the completed set of contract documents. RFP # Attachment 9: Design/Build Agreement Page 4 of 5

12 SJECCD Project No. 309 WHEREFORE, This Design-Build Contract is entered into as of the day and year first written above. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR S STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST DESIGN-BUILDERS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA, San Jose Evergreen Community College District Design Builder, a By: Douglass Smith, Vice Chancellor By: Title: RFP # Attachment 9: Design/Build Agreement Page 5 of 5

13 ATTACHMENT 15 SPECIAL CONDITIONS 1. Application of Special Conditions. 1.1 These Special Conditions are part of the Contract Documents for the Work generally described as: Joint-Use 21 st Century Post-Secondary Education Center #309. In accordance with Contracting Definitions Article1.3.12, these Special Conditions shall control over the General Conditions. 2. Insurance General. Design Build Entity shall purchase and maintain the following insurance in the prescribed amounts as described below. All insurance must be issued by an admitted insurance carrier (licensed to do business in the State of California), carrying a rating of not less than A-VII in the most current A.M. Best's Insurance Rating Guide, or otherwise acceptable to the District. Insurance afforded by these policies shall also apply to the San Jose'/Evergreen Community College District, its' Trustees, officers, agents, employees and volunteers, individually and collectively, as additional insured. Specifically name the following entities on policies as additionally insured: San Jose'/Evergreen Community College District 4750 San Felipe Road San Jose, CA Gilbane Building Company 7 Jackson Walkway Providence, RI Workers' Compensation Insurance; Employer's Liability Insurance. The Design Build Entity shall purchase and maintain Workers' Compensation Insurance as will protect the Design Build Entity from claims under workers' or workers compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed, whether such operations be by the Design Build Entity or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Design Build Entity shall purchase and maintain Employer's Liability Insurance covering bodily injury (including death) by accident or disease to any employee which arises out of the employee's employment by the Design Build Entity. The Employer's Liability Insurance required of the Design Build Entity hereunder may be obtained by The Design Build Entity as a separate policy of insurance or as an additional coverage under the Workers' Compensation Insurance required to be obtained and maintained by The Design Build Entity hereunder. The limits of liability for the Employer's Liability Insurance required hereunder shall be in accordance with statutory limits required by law. RFP # Attachment 15: Special Conditions Page 1 of 7

14 2.2 Commercial General Liability and Property Insurance. The Design Build Entity shall purchase and maintain Commercial General Liability and Property Insurance covering the types of claims set forth below which may arise out of or result from the Design Build Entity's' operations under the Contract Documents and for which the Design Build Entity may be legally responsible: (i) claims for damages because of bodily injury, sickness or disease or death of any person other than the Design Build Entity's employees; (ii) claims for damages insured by usual personal injury liability coverage which are sustained (a) by a person as a result of an offense directly or indirectly related to employment of such person by the Design Build Entity, or (b) by another person; (iii) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; (iv) claims for damages because of bodily injury, death of a person or property damages arising out of ownership, maintenance or use of a motor vehicle; and (v) contractual liability insurance applicable to the Design Build Entity's obligations under the Contract Documents. Minimum Limit of Two-Million Dollars per claim Aggregate Amount of Four-Million Dollars ($2,000,000) ($4,000,000) 2.3 Comprehensive Automobile Liability Insurance. The Design Build Entity shall purchase and maintain Comprehensive Automobile Liability Insurance including all company-owned, non-owned and hired vehicles, (or "any" auto). Minimum limit of One-Million Dollars per claim Aggregate Amount of Two-Million Dollars ($1,000,000) ($2,000,000) 2.4 Excess Liability Insurance. The Design Build Entity shall purchase and maintain Excess Liability Insurance in the amount listed below. Minimum limit of Two-Million Dollars per claim Aggregate Amount of four-million Dollars ($2,000,000) ($4,000,000) 2.5 Professional Liability Insurance. The Design Build Entity shall purchase and maintain Professional Liability Insurance in the amounts listed below. Each of the Design Build Entity's Design-Assist Subcontractors shall purchase and maintain insurance coverage equal to 50% of the amounts listed below. Minimum limit of Two-Million Dollars per claim Annual Aggregate Amount of Four-Million Dollars ($2,000,000) ($4,000,000) RFP # Attachment 15: Special Conditions Page 2 of 7

15 The Deductible shall not exceed $25,000 per claim and in no case shall the Self Insured Retention (SIR) exceed $75, Builder's Risk "Special Form" Insurance. The Design Build Entity, during the progress of the Work and until Final Acceptance of the Work by the District upon completion of the Work, shall maintain Builder's Risk "Special Form" Completed Value Insurance Coverage on all insurable Work included under the Contract Documents which coverage is to provide "Special Form" insurance coverage including, but not limited to, vandalism and malicious mischief, perils of fire, sprinkler leakage, civil authority and collapse upon the entire Work which is the subject of the Contract Documents, and including completed Work and Work in progress to the full insurable value thereof. Insurance shall not include coverage for flood or earthquake damage. Such insurance shall include the District as both a Certificate Holder and as an additional insured, the Program Manager as an additional insured, the Architect as an additional insured and any other person with an insurable interest designated by the District as an additional insured. The risk of damage to the Work due to the perils covered by the Builder's Risk "Special Form" Insurance, as well as any other hazard which might result in damage to the Work, is that of the Design Build Entity and the Surety, and no claims for such loss or damage shall be recognized by the District, nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Design Build Entity. The loss payee shall be the District. The provisions of section 7105 of the California Public Contract Code shall not apply to this Contract or the Design Build Entity's liability except to the extent of the Design Build Entity s coverage under the Builder s Risk Special Form Insurance required by the Contract Documents: Contract Amount 2.7 Design Build Entity Responsible for All Deductibles and SIRs. The insurance required of the Design Build Entity hereunder shall be written for not less than any limits of liability specified in this these special conditions, or required by law, whichever is greater. In the event of any loss or damage covered by a policy of insurance required to be obtained and maintained by the Design Build Entity hereunder, the Design Build Entity shall be solely and exclusively responsible for the payment of the deductible or Self-Insured Retentions (SIRs), if any, under such policy of insurance, without adjustment to the GMP on account thereof. 2.8 Evidence of Insurance; Subcontractor's Insurance Certificates of Insurance I Declaration Page. Prior to commencing the Work, Design Build Entity shall deliver to the District Certificates of Insurance and a declaration page evidencing the insurance coverages required by the Contract Documents. Failure or refusal of the Design Build Entity to so deliver Certificates.of Insurance and declaration page may be deemed by the District to be a default of a material obligation of the Design Build Entity under the Contract Documents, and thereupon the District may proceed to exercise any right or remedy provided for under the Contract Documents or at law. The Certificates of Insurance and declaration page and the insurance policies required by the Contract Documents shall contain a provision that coverages afforded under such policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the District. The insurance policies required of Design Build Entity hereunder shall also name the District and the Program Manager as an additional insured as its interests may appear. Should any policy of insurance be canceled before Final Acceptance of the Work by the District and the Design Build Entity RFP # Attachment 15: Evidence of Insurance Page 3 of 7

16 fails to immediately procure replacement insurance as required, the District reserves the right to procure such insurance and to deduct the premium cost thereof and other costs incurred by the District in connection therewith from any sum then or thereafter due the Design Build Entity under the Contract Documents. The Design Build Entity shall, from time to time, furnish the District, when requested, with satisfactory proof of coverage of each type of insurance required by the Contract Documents; failure of the Design Build Entity to comply with the District's request may be deemed by the District to be a default of a material obligation of the Design Build Entity under the Contract Documents Subcontractors Insurance. Design Build Entity shall require that every Subcontractor, of any tier, performing or providing any portion of the Work, obtain and maintain the policies of insurance set forth in Articles 1.1 through 1.3 of these Special Conditions and every Subcontractor of any tier, performing design or design-assist services, also obtain and maintain the policies of insurance set forth in Article 1.5; the coverages and limits of liability of such policies of insurance to be obtained and maintained by Subcontractors shall be as agreed upon between the Design Build Entity and the District prior to bidding and included in the subcontract bid package. The policies of insurance to be obtained and maintained by Subcontractors hereunder are in addition to, and not in lieu of, Design Build Entity obtaining and maintaining such policies of insurance. Each of the policies of insurance obtained and maintained by a Subcontractor hereunder shall comply with the requirements of these Special Conditions. Upon request of the District, Design Build Entity shall promptly deliver to the District Certificates of Insurance evidencing that the Subcontractors have obtained and maintained policies of insurance in conformity with the requirements of these Special Conditions. Failure or refusal of the Design Build Entity to provide the District with Subcontractors' Certificates of Insurance evidencing the insurance coverages required hereunder is a material default of Design Build Entity hereunder. 2.9 Maintenance of Insurance. Obtaining and maintaining all insurance coverage required by the Contract Documents is a material obligation of the Design Build Entity. Any insurance bearing on the adequacy of performance of Work shall be maintained after the District's Final Acceptance of all of the Work for the full one year correction of Work period and any longer specific guarantee or warranty periods set forth in the Contract Documents. Without waiving any other right or remedy of the District, should any insurance required by the Contract Documents be canceled before the end of any such periods and the Design Build Entity fails to immediately procure replacement insurance as Specified, the District reserves the right to procure such insurance and to charge the cost thereof to the Design Build Entity. In no instance will the District's exercise of its option to occupy and use completed portions of the Work relieve the Design Build Entity of its obligation to maintain insurance required under this Article until the date of Final Acceptance of the Work by the District, or such time thereafter as required by the Contract Documents. The Design Build Entity and Subcontractors' policies of Commercial General Liability and Property/Casualty insurance and the Design Build Entity's Builders Risk insurance will be accepted by the District only if the insurer(s) are: (a) A.M. Best rated A or better; (b) A.M. Best Financial Size Category XII or higher; and (c) authorized under California law to transact business in the State of California and authorized to issue insurance policies in the State of California. If at any time during performance of the Work, the insurer(s) issuing a policy of insurance covering Commercial General Liability, Property/Casualty or Builder Risk is/are not A.M. Best rated A- or better and is/are not A.M. Best Financial Size Category XII or higher, the Design Build Entity or Subcontractor, as applicable shall within thirty (30) days of the District's written notice of the insufficiency of an insurer to the Design Build Entity, obtain insurance coverage(s) from alternative insurer(s) who is are/then A.M. RFP # Attachment 15: Evidence of Insurance Page 4 of 7

17 Best rated A- or better and who is/are A.M. Best Financial Size Category XII or higher. If the Design Build Entity fails to deliver Certificate(s) of Insurance from an alternative insurer(s) meeting or exceeding the A.M. Best rating and A.M. Best Financial Size Category set forth above, within thirty (30) days of the date of the District's issuance of a written notice pursuant to the preceding sentence, in addition to any other right or remedy of the District under the Contract Documents or arising by operation of law, the District may withhold disbursement of any Progress Payment otherwise due hereunder until the Design Build Entity has delivered such Certificate(s) of Insurance from an alternative insurer(s) Design Build Entity's Insurance Primary; No Waiver of Subrogation by District. All insurance and the coverages thereunder required to be obtained and maintained by Design Build Entity hereunder, if overlapping with any policy of insurance maintained by the District, shall be deemed to be primary and non-contributing with any policy maintained by the District and any policy or coverage thereunder maintained by District shall be deemed excess insurance. The Design Build Entity and all Subcontractors shall waive rights of subrogation against the District. The costs for obtaining and maintaining the insurance coverages required herein shall be included in the GMP Indemnity. Unless arising solely out of the active negligence, gross negligence or willful misconduct of the Indemnified Parties (as that term is hereinafter defined), the Design Build Entity shall to the fullest extent permitted by law, indemnify, defend and hold harmless: (i) the District and its Board of Trustees and its members, officers, employees, agents and representatives (including the District's Inspector and the Program Manager); (ii) the Architect and its consultants for the Work and their respective agents and employees; and (iii) if one is designated by the District for the Work, the Program Manager and its agents and employees. The foregoing are individually and collectively hereinafter referred to as "the Indemnified Parties." The Design Build Entity's obligations hereunder include indemnity, defense and hold harmless of the Indemnified Parties from and against any and all damages, losses, claims, demands or liabilities whether for damages, losses or other relief, including, without limitation attorney's fees and costs, expert consultant/witness fees and costs which arise, in whole or in part, from the Work, the Contract Documents or the acts, omissions or other conduct of the Design Build Entity or any Subcontractor or any person or entity engaged by them for the Work. The Design Build Entity's obligations under the foregoing include without limitation: (i) injuries to or death of persons; (ii) damage to property (other than the Work itself to the extent such damage to property was or is caused by earthquake or flood); (iii) theft or loss of property, including loss of use; (iv) stop notice claims asserted by any person or entity in connection with the Work for which payment has been made by the District; and (v) other losses, liabilities, damages or costs resulting from, in whole or part, any acts, omissions or other conduct of Design Build Entity, any of Design Build Entity's Subcontractors, of any tier, any person or entity employed directly or indirectly by Design Build Entity or any Subcontractor in connection with the Work and their respective agents, officers or employees. If any action or proceeding, whether judicial, administrative, arbitration or otherwise, shall be commenced on account of any claim, demand, liability or other matter subject to Design Build Entity's obligations hereunder, and such action or proceeding names any of the Indemnified Parties as a party thereto, the Design Build Entity shall, at its sole cost and expense, defend the named Indemnified Parties with counsel reasonably satisfactory to the named Indemnified Parties. If there is any judgment, award, ruling, settlement, or other relief arising out of any claim, demand, liability or other matter subject to the Design Build Entity's obligations hereunder, and which binds the Indemnified Parties, Design Build Entity shall promptly pay, satisfy or otherwise discharge any such judgment, award, ruling, settlement or relief; Design Build Entity shall indemnify and hold harmless the Indemnified Parties from any and all liability or responsibility arising out of any such judgment, award, ruling, settlement or relief. RFP # Attachment 15: Evidence of Insurance Page 5 of 7

18 The Design Build Entity's obligations hereunder are binding upon Design Build Entity's Performance Bond Surety and these obligations shall survive notwithstanding Design Build Entity's completion of the Work or the termination of the Contract. 3 Owner-Furnished, Owner-Installed (OFOI) Items. The following items will be OFOI: TO BE DETERMINED DURING DESIGN PHASE 4 Owner-Furnished, Design Build Entity-Installed (OFDBEI) Items. The following items will be OFDBEI: TO BE DETERMINED DURING DESIGN PHASE 5 Submittals and Material Delivery Schedule. Design Build Entity shall submit to Program Manager a schedule indicating lead times and required delivery dates for all major components under this scope of work within 30 calendar days after award of contract. 6 Hazardous Materials. Hazardous materials abatement work must be done by a properly licensed and certified contractor. EIR Compliance. The Environmental Impact Report and its associated Mitigation Monitoring and Reporting Program (MMRP) prepared for San Jose I Evergreen Community College District Projects shall apply to this project. The Report and the Mitigation Measures are available at the Program Manager's office for review. 8 District Standards. Pursuant to Public Contract Code 3400(b) the District is in the process of standardizing some building components and systems, including but not limited to the list below, throughout the San Jose I Evergreen Community College District, in order to match other products in use on a particular public improvement either completed or in the course of completion: Fire Alarm System To be determined during Design Phase. Door Hardware Components To be determined during Design Phase Security, Technology To be determined during Design Phase 9 Construction Careers Program Agreement. In order to be responsive, all Design Build Contractor s submitting bid proposals on this project must submit the Construction Careers Agreement's Appendix A - "Agreement to be Bound" and Appendix B - Construction Technology Program "Agreement of Contractors" with their Bid Proposals. Copies of the executed agreements must be submitted via to Carlos Marques - SJECCD/Purchasing at: carlos.margues@sjeccd.org Note: Prior to Construction - All tiers of Subcontractors, whether required to be listed by statute or not, shall execute both Appendix A - "Agreement to be Bound" and Appendix B - Construction Technology Program - "Agreement of Contractors" of the Construction Careers Agreement, as well as the "Contractor Work Assignment Form " included at the end of this Section, prior to the beginning of any work. RFP # Attachment 15: Evidence of Insurance Page 6 of 7

19 10 Employment of Students. To be considered in compliance with the Construction Careers Agreement, the Design Build Entity and its Subcontractors shall, during the duration of the Contract, utilize at least (1) full-time (40 hours per week) student intern (s) enrolled in the San Jose I Evergreen Community College District's internship program, or an equivalent amount of amount of intern employment hours pro-rated over the duration of the project. This requirement applies specifically to the Construction Phase(s) of this Project. The Design Build Entity shall report compliance in its monthly Progress Status Report. The remainder of this page left blank intentionally. RFP # Attachment 15: Evidence of Insurance Page 7 of 7