HomeMy WebLinkAboutReso 104-25 Approving an Agreement with Plant Construction Company, L.P. Progressive Design
Reso. No. 104-25, Item 8.2, Adopted 12/2/2025 Page 1 of 2
RESOLUTION NO. 104 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY, L.P. FOR PROGRESSIVE
DESIGN-BUILD SERVICES FOR THE EXTERIOR IMPROVEMENTS PROJECT, CIP NOS. GI0125, GI0223,
AND GI0423
WHEREAS, on March 12, 2025, the City of Dublin issued a Request for Qualifications (RFQ) under
the Progressive Design-Build Delivery Method for design-build entities for the Exterior Improvements
Project, CIP Nos. GI0125, GI0223, and GI0423; and
WHEREAS, on May 6, 2025, the City Council of City of Dublin approved an agreement with Plant
Construction Company, L.P. to provide Progressive Design-Build Design and Preconstruction Phase
Services; and
WHEREAS, the City of Dublin desires to enter into a Progressive Design-Build agreement with Plant
Construction Company, L.P., for a not-to-exceed amount of $12,878,876 for the Exterior Improvements
Project under the progressive design-build project delivery method. The project provides for exterior
improvements and preventative maintenance located at the following City facilities: Civic Center, Library,
Clock Tower, Kolb House Museum, Kolb House Restroom, Sunday School Barn, Murray Schoolhouse
Museum and outbuildings, Old St. Raymond’s Church, Senior Center, The Wave, and Fire Stations 16, 17,
and 18.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with Plant Construction Company, L.P., for a Guaranteed Maximum Price (GMP) of
$12,878,876, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the
City Manager, or designee, to approve contract change orders based on the appropriated funds
designated for the Project up to the amount of $400,000.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A
and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. 104-25, Item 8.2, Adopted 12/2/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 2nd day of
December 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Exhibit A to the Resolution
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
DOCUMENT 005200
AGREEMENT
CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
CONSTRUCTION AGREEMENT
FOR PROGRESSIVE DESIGN-BUILD SERVICES
FOR THE
Exterior Improvements Project (EIP)
THIS AGREEMENT FOR PROGRESSIVE DESIGN-BUILD SERVICES, made this December 2,
2025 (this “Agreement”), by and between Plant Construction Company, L.P. , a California Limited
Partnership whose place of business is at 300 Newhall St San Francisco, CA 94124 hereinafter referred to
as Design Builder, and the CITY OF DUBLIN, a political subdivision of the State of California, hereinafter
referred to as “City”:
In consideration of the mutual covenants hereinafter set forth, Design Builder and City agree as
follows:
1. WORK. Design Builder shall, in a good and workmanlike manner and in accordance with the
highest professional standards, provide, furnish, perform and complete all necessary planning,
architectural, engineering, all other design services of any type, procurement, permitting and
support services, construction, landscaping, clean-up, all other construction services of any type,
and shall provide and furnish all necessary supplies, materials and equipment (except those to be
provided by City, if any) and all necessary supervision, labor, and services required for the
complete engineering, design, procurement, quality assurance, construction and all necessary
installation, start-up and testing required for a complete, operational, and fully functional Project,
as further described in Documents 011110 (Summary of Work) and Design Builder’s Proposal.
The all-inclusive obligations of the Design Builder set forth in this Section 1 (Work) are referred to
in this Agreement as the “Work”. The Design-Builder’s obligation to deliver a complete,
operational and fully functional Project is coextensive with the Design Builder’s obligations set
forth in the Contract Documents. Except with regard to any material to be provided and/or
installed by City, the Design Builder shall fully commission and turn over a complete, operational,
and fully functional Project to City. Without limiting the generality of this Agreement, the Design
Builder shall provide the following work and services:
1.1 Design Builder has previously prepared complete designs and engineering, in the design
phase contract and shall prepare working drawings, shop drawings and generate
drawings and/or engineering analysis setting forth in detail the specifications and
requirements for the purchasing and procurement of the services, materials and
equipment and for the construction of the complete, operational, and fully functional
Project, and shall furnish the services of all necessary supervisors, engineers, designers,
draftsmen, and other personnel necessary for the preparation of those drawings and
specifications required for the Work, including the pertinent information for power, natural
gas, water supply, and any other utilities, as required.
1.2 Design Builder shall provide, install and complete as Specified and pay for all labor,
materials and equipment, tools, supplies, construction equipment and machinery,
construction, start-up and testing, utilities, transportation, and other facilities and s ervices
(including any temporary materials, equipment, supplies and facilities) necessary for the
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CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
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proper execution and completion of the complete, operational, and fully functional
Project, including where necessary the permanent interconnection, or reconnection for
electricity, natural gas, water supply, and any other utilities and demonstration of fu lly
satisfactory operation of all systems and equipment.
1.3 Design Builder shall supervise and direct the Work, and shall furnish the services of all
supervisors, forepersons, skilled and unskilled labor, and all other personnel necessary to
design and construct the complete, operational, and fully functional Project. Design
Builder shall provide, manage and organize such personnel as necessary to complete the
Work in accordance with all requirements of the Contract Documents.
1.4 Design Builder shall obtain all governmental and private approvals, licenses, and permits
required to complete the Work; provided, however, the Design Builder is not required to
pay any charges associated with any permits except for reinspection charges or for
encroachment permits for work performed in public right of ways. Design Builder is
responsible for the cost of all other items related to the Work. Design Builder shall design
and construct a complete, operational, and fully functional Project in full compliance with
all applicable laws, codes and standards (both public and private), including but not
limited to, the standards included and warranties expressed in the Contract Documents
and manufacturers’ recommendations pertaining to individual items of equipment or
systems.
2. CITY’S PROJECT MANAGER AND REPRESENTATIVES.
2.1 City may delegate all or part of its rights, responsibilities and duties under this Agreement
to a City Project Manager or other representative. City shall inform the Design Builder in
writing of any such delegation and the extent of its representative’s authority.
2.2 All notices or demands to City under the Contract Documents shall be to City’s Capital
Improvements Program Manager at:
Mr. Michael Boitnott
Capital Improvement Program Manager
100 Civic Plaza
Dublin, CA 94568
Telephone: (925) 833-6630
Email: michael.boitnott@dublin.ca.gov
or to such other person(s) and address(es) as City shall provide to Design Builder.
3. CONTRACT TIME AND LIQUIDATED DAMAGES.
3.1 Design Builder shall complete the Work within the schedule set forth in this Section 3,
and beginning with the date in the Notice to Proceed that specifies the commencement of
the Contract Time, and Document 007200 (General Conditions). City reserves the right
to modify or alter the date the Work is to commence at any time.
3.2 Design Builder shall obtain all required regulatory agency approvals related to the
Project. Design Builder accepts all time-related risks and all cost-related risks relating to
those approvals
3.3 Design Builder acknowledges that time is of the essence with respect to the Completion
of the Work and the performance of this Agreement and that the City will be damaged by
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City of Dublin & Plant Construction Company, L.P. AGREEMENT
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any delay in completing any of the major phases of the Project listed in paragraphs 3.3.1,
3.3.2, and 3.3.3 below. Therefore, Design Builder accepts the following Completion
obligations:
3.3.1 Design-Builder shall achieve Substantial Completion no later than 246
calendar days after the commencement date set forth in the Notice to
Proceed, and Final Completion of the Project no later than 30 calendar
days after the date by which Design-Builder achieves Substantial
Completion (“Contract Time”).
3.3.2 Following the issuance by the permitting agency of a permit allowing the
Design Builder to commence construction for the Project, the Design
Builder shall update the Project Master Schedule in accordance with
Document 013216 (Schedules and Reports). The City is under no
obligation to accept an updated Project Master Schedule that shows
Design-Builder achieving Substantial Completion past 246 calendar
days after the commencement date established by the Notice to
Proceed.
3.3.3 In addition to achieving Completion, Design Builder shall fully cooperate
with the City so that the City may obtain all necessary Regulatory
Agency approvals required to operate the Project.
3.4 To facilitate Design Builder performing its Completion obligations as described in Section
3.3 above, Design Builder acknowledges and accepts that the Regulatory Agency’s
review of incremental construction permit applications may take up to eight (8) weeks
from the date the permit application is submitted to the Regulatory Agency. The Design
Builder’s Project Master Schedule, Design Schedule and Construction Schedule shall
reflect durations for permit reviews and work sequencing. If the Design-Builder fails to
provide the Regulatory Agency with all documents necessary for the Regulatory Agency
to review an incremental construction permit application within the time period stated
above, (a) the project Completion Time shall not be extended, (b) the Contract Sum shall
not be adjusted, and (c) the Design-Builder shall accelerate the recovery of time to the
critical path of the Project without compensation. City will manage its own decision-
making process to timely review and approve Construction Documents withi n Design
Builder’s planned durations, and will make its reasonable best efforts to facilitate the
Regulatory Agency’s timely review of construction permit applications within Design
Builder’s planned durations.
3.5 Liquidated Damages and Schedule Incentives. The City and Design Builder recognize
that time is of the essence in this Agreement and that the City may suffer financial loss in
the form of additional contract administration expenses (including project management
and consultants’ expenses) and delay and loss of public use if the Work is not completed
within the time specified in Section 3.3 above, plus any extensions thereof allowed in
accordance with the Contract Documents. Design Builder and City agree that because of
the nature of the Project, it would be impractical or extremely difficult to fix the amount of
actual damages incurred by City because of a delay in completion of the Work.
Accordingly, City and Design Builder agree that Design Builder shall pay City the following
liquidated damages measures that apply separately and cumulatively:
3.5.1 If Design Builder fails to achieve Substantial Completion of the Project
and/or final Completion of the Project within the times specified in
paragraph 3.3 above in accordance with the Contract Documents,
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City of Dublin & Plant Construction Company, L.P. AGREEMENT
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Design Builder shall pay City as liquidated damages and not as a
penalty, the following sums of money per day for each calendar day the
actual time of Design Builder’s performance exceeds the authorized
Contract Time for construction of the Project:
3.5.1.1 Design-Builder shall pay City $2,000 per calendar day as liquidated
damages for every day by which Substantial Completion exceeds 246
calendar days from and after the starting date as established by the
Notice to Proceed.
3.5.1.2 If Design-Builder fails to achieve final Completion of the Project within 30
calendar days after the date by which Design-Builder achieves
Substantial Completion, then Design-Builder shall pay City $2,500 per
calendar day as liquidated damages for every day by which final
Completion of any portion of the Project exceeds this time period.
3.6 Liquidated damages for delay shall cover and be in lieu of the actual damages suffered
by City as a result of delay. Liquidated damages are intended to compensate City for
damages it incurs as a result of delay, but do not cover the cost of completion of the
Work or any other damages not arising from delay. These liquidated damages shall be
the City’s sole remedy for recovery of damages due to delay in the Work, provided that
this provision shall not limit any right or remedy of City in the event of any other default of
Design Builder other than failing to complete the Work within the Contract Time.
3.7 Subject to the liquidated damages measures in the Contract Documents, neither Design
Builder or City shall have any liability for consequential damages arising out of the
completion of the Work under the Contract Documents, except to the extent that such
consequential damages arise from personal injury, property damage, economic loss or
defective work and are covered by any insurance maintained by City, Design Builder, or
any Subcontractor, Supplier, design professional or any other party involved on the
Project.
4. CONTRACT SUM.
4.1 City shall pay the Design Builder Twelve Million Eight Hundred Seventy-Eight Thousand
Eight Hundred Seventy-Six Dollars and no cents $12,878,876.00 (the “Guaranteed
Maximum Price Contract Sum”) for completion of the Work in strict accordance with the
Contract Documents, as it may be adjusted pursuant to this Article 4 (Contract Sum).
4.2 The Contract Sum is all inclusive and includes all costs and expenses of the Work,
including profit, markups, overhead and allowances; all federal, state, and local taxes on
materials and equipment, and labor furnished by Design Builder, its subcontractors,
subconsultants, architects, engineers, and vendors or otherwise arising out of Design
Builder’s performance of the Work, including any increases in any such taxes during the
term of this Agreement; and any duties, fees, and royalties imposed with respect to any
materials and equipment, labor or services, except as otherwise provided in paragraph
13.7 of Document 007200 (General Conditions). The taxes covered hereby include (but
are not limited to) occupational, sales, use, excise, unemployment, FICA, and income
taxes, customs, duties, and any and all other taxes on any item or service that is part of
the Work, whether such taxes are normally included in the price of such item or service or
are normally stated separately. Notwithstanding the foregoing, each party shall bear
such state or local inventory, real property, personal property or fixtures taxes as may be
properly assessed against it by applicable taxing authorities.
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5.DESIGN BUILDER’S REPRESENTATIONS AND WARRANTIES. In order to induce City to
enter into this Agreement, Design Builder represents and warrants to City the following:
5.1 Design Builder has visited the Sites, and made a non-destructive inspection of the Sites,
and has examined the nature and extent of the Work, Sites, locality, actual conditions, as
built conditions, labor availability and all local conditions and federal, state and local laws
and regulations that in any manner may affect cost, progress, performance or furnishing
of Work or which relate to any aspect of the design and the means, methods, techniques,
sequences or procedures of construction to be employed by Design Builder and safety
precautions and programs incident thereto.
5.2 Design Builder has examined all reports of exploration and tests of subsurface conditions
where necessary, and as built drawings, drawings or reports, available for design and
construction purposes, of physical conditions that have been provided by the City,
including those which are identified by preconstruction survey and/or in Documents
003120 (Hazardous Materials Surveys) or 003130 (Geotechnical Data and Existing
Conditions), or which may be apparent at the Site and accepts the criteria set forth in
these documents and Document 007200 (General Conditions) to the extent of the
information contained in these documents upon which the Design Builder is entitled to
rely.
5.3 Design Builder has conducted in the previous design phase contract or will obtain any
additional examinations, investigations, explorations, tests, reports and studies, including
but not limited to geotechnical investigations upon which the design will be based, that
pertain to the surface and subsurface conditions, as-built conditions, Underground
Facilities and all other physical conditions at or contiguous to the Sites that Design
Builder considers necessary for the performance or furnishing of Work for the Contract
Sum, within the Contract Time and in accordance with the terms and conditions of the
Contract Documents.
5.4 Design Builder has correlated its knowledge and the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
5.5 Design Builder has given City prompt written notice of all conflicts, errors, ambiguities, or
discrepancies that it discovered prior to executing and delivering this Agreement in or
among the Contract Documents and as-built drawings and actual conditions and the
written resolution thereof through Addenda issued by City or otherwise is acceptable to
Design Builder.
5.6 Design Builder is duly organized, validly existing, and in good standing under the laws of
the jurisdiction of its incorporation or organization and is duly qualified to conduct
business in the State of California.
5.7 The execution, delivery and performance of this Agreement, the other Contract
Documents and the Work to be performed herein (a) have been duly authorized by all
necessary corporate or other organizational action, and (b) does not violate or create a
default under any instrument, agreement, order or decree binding on Design Builder.
5.8 Design Builder will use the pre-qualified Subcontractors, who were listed in the Design
Builder’s Proposal. Consistent with Public Contract Code sections 4100 et seq., Design
Builder shall not substitute a different Subcontractor or supplier in place of any of those
listed in Design Builder’s Proposal, including in its response to City’s Request for
Qualifications, nor shall any Subcontractor assign or transfer, subcontract, or permit the
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same to be performed by any other Subcontractor without City's prior written approval.
Design Builder shall provide City with a complete and updated list of Subcontractors as
they become known on the project and shall comply with the requirements of Public
Contract Code section 22166 in awarding subcontracts.
Subcontractor Name and
Address
Scope of Work Contractors’
License Number
DIR Registration
Number
Lawson Roofing
1495 Tennessee Street,
San Francisco, CA 94107
Roofing 339053 1000006451
Pullman SST, Inc
6400 Goodyear Road,
Benicia, CA 94150
Siding and
Building
Envelope
866480 1000003194
AAC Glass, Inc.
31044 San Antonio Street,
Hayward, CA 94544
Windows and
Storefronts
1034201 1000063338
Giampolini & CO
1482 67th Street,
Emeryville, CA 94608
Painting 322282 1000017973
5.9 Design Builder shall assign to the Project the key personnel listed in Design Builder’s
Proposal, together with those listed below in this Section 5.9, and make them available to
work on the Project as a first priority during the term of this Agreement. Should any
approved key personnel terminate employment or otherwise become unavailable during
the term of this Agreement, Design Builder shall obtain City’s prior written consent to any
replacement. Any proposed replacement shall possess qualifications and experience
equal or superior to the key personnel being replaced.
Design Builder’s Key Personnel:
5.10 All Work performed by Design Builder is subject to the Community Workforce Agreement
to be entered into among Design Builder, City, the Project Subcontractors and other
required signatories thereto (the “CWA”). Prior to City’s approval of this Agreement, Design
Builder shall execute and deliver the CWA to the City. Before allowing any Subcontractor
to perform any work on the Project, Design Builder shall have the Subcontractor execute
the CWA and submit the signature page to City.
5.11 The Design Builder acknowledges that in conformance with the Contract Documents, any
changes or extra work must be authorized in writing by the City prior to the Design Builder
performing said work. Design Builder further acknowledges that it is solely responsible for
obtaining written authorization from the City and that it shall not be compensated for any
additional work performed without said written authorization. Oral authorization shall not
be sufficient to bind the City absent specific written authorization.
6. CONTRACT DOCUMENTS.
6.1 The following documents, including all changes, addenda and modifications thereto
comprise the entire agreement between City and Design Builder concerning the Work
(collectively, the “Contract Documents”)
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CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
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6.1.1 Design Builder’s Prequalification Questionnaire submitted in response to
City’s Request for Qualifications (proprietary information, not for public
use)
6.1.2 Exhibit 01 - Design Builder’s GMP Proposal dated November 20, 2025
6.1.3 Notice of Award
6.1.4 Agreement
6.1.5 Notice to Proceed
6.1.6 Construction Performance Bond
6.1.7 Construction Labor and Material Payment Bond
6.1.8 Agreement and Release of Any and All Claims
6.1.9 Project Guaranty
6.1.10 Change Order
6.1.11 General Conditions
6.1.12 Insurance
6.1.13 Community Workforce Agreement
6.1.14 Project Manual (Division 00)
6.1.15 100% Project Technical Specifications (Division 01 thru 32), dated
xx/xx/202X by ARG
6.1.16 100% Construction Drawings, dated xx/xx/202X by ARG
6.2 The intent of the Contract Documents is to include all necessary criteria to establish the
process, scope and quality for completion of the Work by Design Builder. The Contract
Documents are complementary and what is required by one shall be as binding as if
required by all. Performance by the Design Builder shall be required to the extent
consistent with, and reasonably inferable from, the Contract Documents.
6.3 Any conflict between or among Contract Documents shall be resolved pursuant to
paragraph 5.8 (Order of Precedence) of Document 007200 (General Conditions).
6.4 Construction Documents produced by the Design Builder that set forth the obligations of
the Design Builder or its Subcontractor are an instrument for fulfilling the requirements of
this Agreement as defined by the Contract Documents as defined in this Article 6 (Contract
Documents), and do not replace them. See 007200 5.8.8.
6.5 There are no Contract Documents other than those listed above in Section 6.1 of this
Agreement. The Contract Documents may only be amended, modified, or supplemented
as is provided for in Document 007200 (General Conditions).
7. INSURANCE
7.1 Design Builder agrees to have and maintain the insurance coverages and polices set forth
in Exhibit A to this Agreement, “Insurance Requirements,” which is incorporated by this
reference. All policies, endorsements, certificates, and/or binders shall be subject to
approval by the City as to form and content. These requirements are subject to amendment
or waiver only if approved in writing by the City. A lapse in any required insurance coverage
during this agreement shall constitute a material breach of this Agreement. Th e cost of
such insurance shall be included in the Design Builder’s bid.
7.2 Design Builder agrees to maintain in force at all times during the performance of the Scope
of Work under this Agreement, workers’ compensation insurance as required by law.
7.3 Design Builder agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor’s work.
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Subcontractors hired by the Design Builder agree to be bound to Design Builder and City
in the same manner and to the same extent as Design Builder is bound to City under this
Agreement and any other applicable contract documents. Subcontractors further agree to
include these same provisions with any sub-subcontractor. A copy of the Indemnity and
Insurance provisions in this Agreement will be furnished to the subcontractor upon request.
Design Builder shall require all subcontractors to provide a valid cert ificate of insurance
and the required endorsements included in the Agreement prior to commencement of any
work and will provide proof of compliance to the City.
7.4 The policy or policies required by this Agreement shall be issued by an insurer admitted in
the State of California.
7.5 Design Builder agrees that if it does not keep the aforesaid insurance in full force and effect,
City may terminate this Agreement.
7.6 At all times during the term of this Agreement, Design Builder shall maintain on file with the
City a certificate or certificates of the required insurance as set forth in the Exhibit A,
“Insurance Requirements,” showing that the required insurance policies are in effect in the
required amounts.
7.7 It is requirement under this Agreement that any available insurance proceeds broader than
or in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to the additional insured. Furthermore, the requirements for co verage for
coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of an insurance policy or proceeds available to the named Insured; whichever is greater.
8. INDEMNIFICATION.
8.1 To the fullest extent permitted by law Design Builder agrees to defend (with legal counsel
selected by the City), including the cost to defend, indemnify and hold harmless the City,
its elected and appointed officials, officers, attorneys, agents, employees, consultants, and
volunteers, and each of them from and against any and all claims, damages, losses and
expenses, including attorney’s fees, and from any and all suits, actions or claims filed or
brought by and all person or persons arising out of the performance of the work described
herein, caused in whole or in part by any negligent act or omission of the Design Builder,
any subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, except where caused by the active negligence, sole
negligence, or willful misconduct of the City.
8.2 General. This obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Design Builder and shall survive the termination of this
Agreement or this section. By execution of this Agreement, Design Builder acknowledges
and agrees that it has read and understands the provisions hereof and that this section is
a material element of consideration. The parties agree that if any part of this Indemnification
is found to conflict with applicable laws, such part shall be unenforceable only insofar as it
conflicts with said laws, and that this indemnification shall be judicially interpreted and
rewritten to provide the broadest possible indemnification legally allowed and shall be
legally binding upon Design Builder.
8.3 Survival. Design Builder and any subcontractor’s responsibility for such defense and
indemnity obligations shall survive the termination or completion of this Agreement for the
full period of time allowed by law.
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8.4 No Limitation by Insurance Obligations. The defense and indemnification obligations of this
Agreement are undertaken in addition to, and shall not in any way be limited by, the
insurance obligations contained in this Agreement
8.5 Scope. This section shall in no event be construed to require indemnification by Design
Builder to a greater extent than permitted under the public policy of the State of California.
Design Builder will take all responsibility for the Work, and will bear all losses and damages
directly or indirectly resulting to the Design Builder, any subcontractors engaged in
performance of the Work, the City, its officials, officers, employees, agents, and volunteers,
and to third parties on account of the performance or character of the Work, unforeseen
difficulties, accidents, or occurrences of other causes predicated on active or passive
negligence of the Design Builder or of any subcontractor engaged in performance of the
Work. The Design Builder assumes all liability for any accident or accidents resulting to
any person or property as a result of inadequate protective devices for the prevention of
accidents in connection with the performance of the Work. The Design Builder will
indemnify, defend, and hold harmless the City and its officials, officers, employees, and,
volunteers from such liability. The Design Builder will indemnify, defend and hold harmless
the City, the City’s officials, officers, employees and volunteers for all liability on account of
any patent rights, copyrights, trade names or other intellectual property rights that may
apply to the Design Builder’s performance of the Work. The Design Builder will pay all
royalties or other charges as a result of intellectual property rights that may apply to
methods, types of construction, processes, materials, or equipment used in the
performance of the Work, and will furnish written assurance satisfactory to the City that any
such charges have been paid.
9. MISCELLANEOUS
9.1 Capitalized terms used in this Agreement and not defined here have the meaning given in
Document 007200 (General Conditions), and if not defined therein, as defined in Section
014200 (References and Definitions), and if not defined therein, as defined in the Contract
Documents.
9.2 It is understood and agreed that in no instance is any person signing this Agreement for or
on behalf of City or acting as an employee or representative of City liable pursuant to this
Agreement or upon any warranty of authority, or otherwise, and it is further understood and
agreed that liability of City is limited and confined to such liability as authorized or imposed
by the Contract Documents or applicable law.
9.3 Design Builder shall not assign any portion of the Contract Documents, but may
subcontract portions of the Work only in compliance with the subcontractor listing
requirements of Public Contracting Code section 4100 et seq.
9.4 The Contract Sum includes all design, management, overhead, profit, allowances (if any),
and other costs of the Project necessary to complete the Work.
9.5 In entering into a public contract or a subcontract to supply goods, services or materials
pursuant to a public contract, the Design Builder or subcontractor irrevocably offers and
agrees to assign to the awarding body 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. § 15) and under the
Cartwright Act, (Chapter 2 (commencing with California Business and Professions Code
section 16700) of Part 2 of Division 7 of the), arising from purchases of goods, services or
materials pursuant to the public works contract or the subcontract. This assignment shall
be made and become effective at the time the City renders final payment to the Design
Builder, without further acknowledgment by the parties.
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 10
9.6 Pursuant to Labor Code section 1773, the Director of the California State Department of
Industrial Relations has ascertained the general prevailing rates of per diem wages and for
holiday and overtime work in the locality in which the Project is to be performed for each
craft, classification, or type of worker needed to execute the this Agreement and the Work,
and copies of such rates are in the Contract Documents and on file at City’s office, and are
hereby incorporated herein by this reference, and shall be made available to any interested
party on request. Pursuant to Labor Code section 1861, Design Builder shall execute and
file with City a certification that it is aware of the provisions of Labor Code section 3700
which require every employer to be insured against liability for workers ’ compensation or
to undertake self-insurance in accordance with the provisions of that Code, and Design
Builder shall comply with such provisions before com mencing the performance of the Work
of the Contract Documents.
9.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or
any document required herein or therein to be executed or delivered, be declared invalid,
void or unenforceable, all remaining parts, terms and provisions shall remai n in full force
and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions
of any law causing such invalidity, illegality or unenforceability may be waived, they are
hereby waived to the end that this Agreement and the Contract Documents may be
deemed valid and binding agreements, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise
included in the Contract Documents is required to be inc luded by any applicable law, that
provision is deemed included herein by this reference (or, if such provision is required to
be included in any particular portion of the Contract Documents, that provision is deemed
included in that portion).
9.8 This Agreement shall be deemed to have been entered into in the City of Dublin and shall
be governed in all respects by California law (excluding conflicts of laws).
9.9 Design Builder accepts the claims procedures established by Article 12 (Claims by Design
Builder) of Document 007200 (General Conditions) and agrees that the provisions of Article
12 (Claims by Design Builder) constitute a claims procedure by agreement under
Government Code Section 930.2, and Government Code sections 930 through 930.6.
Design Builder shall bear all costs incurred in the preparation and submission of a Claim.
9.10 City shall have the right to timely and fully review and approve all phases of Design
Builder’s design including, but not limited to, drawings, specifications, shop drawings,
samples and submittals, prior to submittal for any permit approval or deferred approval, as
specified in the Contract Documents within the review durations published in the Design
Builder’s approved schedule, or in the absence of an approved schedule, within the review
durations published in the Milestone Schedule of Section 011216 (Work Sequence). Such
review, approval and other action shall not relieve Design Builder of its responsibility for a
complete design complying with the requirements of the Contract Documents; but rather,
such review and approval shall be in furtherance of City’s monitoring and accepting the
design as developed and issued by the Design Builder, consistent with these Contract
Documents. Design Builder’s responsibility to design and construct the Project in
conformance with the Contract Documents is absolute.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE
CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE
COMPLAINTS AGAINST CONTRACTORS 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.
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
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CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 11
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR,
CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA
95826.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day first
mentioned above.
Executed on _______________________, __________, by
CITY OF DUBLIN PLANT CONSTRUCTION COMPANY, L.P.
Colleen Tribby, City Manager Chris Rivielle, President
1000575696
Attest:
Consultant’s DIR Registration Number
Marsha Moore, City Clerk
199832800016
Consultant’s Business Entity Number
Design Builder: For corporations and limited liability companies, the Agreement must be signed by two officers. The first signature
must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant
secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313.) The acknowledgm ent
below must be signed by a Notary Public.
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
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CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 12
ACKNOWLEDGMENT
State of California )
)
City of _____________________ )
On _________________________, before me, ______________________________________,
Notary Public, personally appeared ___________________________________________________ (insert
name(s) and title(s) of the officer(s) signing on behalf of the Consultant), who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS MY HAND AND OFFICIAL SEAL
___________________________________ (Notary’s Seal)
Signature
END OF DOCUMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 13
EXHIBIT A INSURANCE REQUIREMENTS
I. INSURANCE REQUIREMENTS
Before commencing any Work under the Contract Documents, Design/Builder shall furnish to
the City satisfactory proof that Design/Builder has in force continuously for the entire period
covered by this Contract the following classes of insurance in the form and with limits specified
below.
A. Commercial General Liability Insurance. Design/Builder shall maintain
commercial general liability insurance with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than five million
dollars ($5,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, blanket contractual liability and
coverage for explosion, collapse and underground property damage hazards. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit. A combination of a general liability policy and excess
liability policies may be utilized to achieve these limits. Design/Builder’s general
liability policies shall be primary and shall not seek contribution from the City’s
coverage, and be endorsed using Insurance Services Office form CG 20 10 to
provide that City and its officers, officials, employees, and agents shall be
additional insureds under such policies. An endorsement providing completed
operations coverage for the additional insured, ISO form CG 20 37, is also
required.
B. Business Auto Insurance covering all owned, non-owned, and hired vehicles on
and off-site. Such insurance shall provide coverage not less than the standard ISO
Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12, CA
00 20), with limits not less than Two million dollars ($2,000,000) each accident,
and Two million dollars ($2,000,000) each occurrence for claims subject to the
Motor Carrier Act of 1980. If the Work involves transportation of hazardous or
regulated substances, hazardous or regulated wastes and/or hazardous or regulated
materials, Design/Builder shall provide pollution auto coverage equivalent to that
provided under the ISO pollution liability-broaden coverage for covered autos
endorsement (CA 99 48) shall be provided, and the Motor Carrier Act
endorsement (MCS 90) shall be attached. Any statutorily required “No-Fault“
benefits and uninsured/underinsured motorists coverage should be included.
C. Worker’s Compensation and Employers Liability Insurance. Design/Builder
shall maintain Workers’ Compensation Insurance (Statutory Limits) and
Employer’s Liability Insurance with limits of at least One million dollars
($1,000,000). Design/Builder shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees, and volunteers. If there is an exposure or injury to
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
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CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 14
Design/Builder’s employees under the US Longshoremen’s and Harbor Worker’s
Compensation Act, the Jones Act, or under laws, regulations or statutes applicable
to maritime employees, coverage shall be included for all such injuries or claims.
D. Design/Builders Pollution Legal Liability Insurance covering claims for bodily
injury, property damage, including mold and loss of use of damage property or of
property that has not been physically injured or destroyed; cleanup costs; and
defense, including costs and expenses incurred in the investigation, defense, or
settlement of claims; all in connection with any pollution conditions arising from
Design/Builder’s operations or completed operations, performed by or on behalf
of Design/Builder. The policy shall specifically provide coverage for the hauling
of waste from the project site to the final disposal location, including non-owned
disposal sites. Completed operations coverage will remain in effect for no less
than 5 years after substantial completion of the work. Such coverage shall be
written on an occurrence basis and shall apply to sudden and non-sudden
pollution conditions and shall be placed with an insurer and in a form acceptable
to the City. If any pollution liability coverages cannot be obtained on an
occurrence form, after using best efforts to do so, such coverages may be
provided on a claims-made basis. The pollution legal liability policy shall be
dedicated solely to the specific Project described in the Contract Documents, and
shall have limits not less than Five million ($5,000,000) per occurrence and in the
aggregate. Any self-insured retention shall be selected by the City pursuant to
Section 7 of this Document 00 52 00.
E. Builder’s Risk. Upon commencement of construction and with approval of City,
Design/Builder shall obtain and maintain Builder’s Risk/Course of Construction
insurance. Policy shall be provided for replacement value on an “all-risk” basis.
The City shall be named as Loss Payee on the policy and there shall be no
coinsurance penalty provision in any such policy. Policy must include: (1)
coverage for removal of debris, and insuring the buildings, structures, machinery,
equipment, materials, facilities, fixtures, and all other properties constituting a
part of the project; (2) coverage with limits sufficient to insure the full
replacement value of any property or equipment stored either on or off the project
site. Such insurance shall be on a form acceptable to City to ensure adequacy of
terms and limits. Design/Builder shall not be required to maintain property
insurance for any portion of the Project following transfer of control thereof to
City.
F. Professional Liability. Design/Builder shall maintain professional liability
insurance that insures against professional errors and omissions that may be
made in performing the Services to be rendered in connection with this
Agreement, in the minimum amount of five million dollars ($5,000,000) per claim
and in the aggregate. Any policy inception date, continuity date, or retroactive
date must be before the effective date of this agreement, and Design/Builder
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 15
agrees to maintain continuous coverage through a period no less than three years
after completion of the services required by this agreement.
G. All policies of insurance shall be placed with insurers acceptable to the City. The
insurance underwriter(s) must be duly licensed to do business in the State of
California and (other than for Worker’s Compensation) must have a rating of A-
VII or better in the most recent edition of Best’s Insurance Reports or otherwise
satisfactory to the City. Required minimum amounts of insurance may be
increased should conditions of Work, in the sole opinion of the City, warrant such
increase. Design/Builder shall increase required insurance amounts upon
direction by the City.
H. If any aircraft are to be used in the performance of the work, Design/Builder shall
provide Aircraft Liability Insurance (including owned and non-owned) with the
following minimum limits: Bodily Injury – $10 million each occurrence, $2
million each person; Property Damage – $10 million each occurrence.
II. CERTIFICATES OF INSURANCE
A. Design/Builder shall furnish the City with certificates of insurance completed by a
duly authorized representative evidencing coverage required under Section I of
this Document 00 52 00. Such certificates shall be delivered to the City before
any Work hereunder is commenced by Design/Builder and annually thereafter on
or before the policy effective dates of Design/Builder’s general liability insurance
policy, and shall provide that no coverage under the policy shall be terminated,
canceled or materially modified unless and until at least thirty (30) days prior
written notice has been given to the City. Design/Builder shall inform the City in
writing thirty (30) days prior to terminating or materially modifying coverage
required in this Document 00 52 00.
B. Failure of the City to demand such certificate or other evidence of full compliance
with these insurance requirements, or failure of the City to identify a deficiency
from evidence provided will not be construed as a waiver of the Design/Builder’s
obligation to maintain such insurance.
C. The City’s acceptance of delivery of any certificate of insurance evidencing the
required coverages and limits does not constitute approval or agreement by the
City that the insurance requirements have been met or that the insurance policy
shown in the certificates of insurance are in compliance with the requirements.
D. The City has the right, but not the obligation, of prohibiting Design/Builder or any
subcontractor from entering the Project site until the City receives all certificates
or other evidence that insurance has been placed in complete compliance with
these requirements.
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 16
E. If any of the coverages are required to remain in force after Substantial
Completion, Design/Builder shall submit an additional certificate evidencing
continuation of such coverage with its final billing and at each subsequent
renewal of Design/Builder’s insurance.
F. Required Endorsements. Except as provided below, the policies required under
Section 1 of this Document 00 52 00 shall be endorsed, in a form and manner
acceptable to the City, providing as follows:
1. Except with regard to the Worker’s Compensation and Employer’s
Liability Insurance, the Athenian City, its parent, subsidiary and affiliated
organizations, and its Board of Trustees, employees, representatives,
consultants, and agents, shall be named as additional insureds, but only
with respect to liability arising out of the activities of the named insured.
Such additional insured endorsement for Commercial General Liability
and excess/umbrella coverages shall be equivalent to ISO form GC 20 10
07 04, together with ISO form GC 20 37 07 04. The additional insured
requirement for Commercial General Liability and excess/umbrella
coverages is for the duration of this Agreement and an additional ten (10)
years following Substantial Completion of the Work.
2. Except with regard to the Worker’s Compensation and Employer’s
Liability insurance, each policy, including additional insured coverages,
shall be primary and no other insurance or self-insured retention carried or
held by the City shall be called upon to contribute to a loss covered by
insurance for the named insured.
3. The insurance carriers waive their rights of subrogation against the City
and all additional insureds, as well as other insurance carriers for the
Work.
4. Declarations pages required. Design/Builder or its insurance broker shall
submit a copy of the declarations page for each policy. The page shall
include the name of the carrier, policy number, the types of coverages and
limits, the effective dates of the policy, and the broker’s name and license
number.
G. Certificates of Insurance and Endorsements shall have clearly typed thereon the
City’s name and title of the Contract Documents. Written notice of cancellation,
non-renewal, or reduction in coverage of any policy shall be mailed to the City at
the address listed at the top of this Document 00 52 00, 30 days in advance of the
effective date of the cancellation, non-renewal, or reduction in coverage.
Design/Builder shall maintain insurance in full force and effect during entire
period of performance of this Agreement, and such additional periods as required
in this Document 00 52 00. At the time of making an application for extension of
the Time for Completion, and during all periods exceeding the Time for
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 17
Completion resulting from any cause, Design/Builder shall submit evidence that
insurance policies will be in effect during the requested additional period of time.
Upon the City’s request, Design/Builder shall submit to the City, within 10 days,
copies of the actual insurance policies or renewals or replacements.
H. Insurance Primary. All limits and coverage is required of the Design/Builder in
this Document 00 52 00 shall be primary over any insurance or self-insurance
program carried by the City and the additional insureds.
I. Joint ventures. If the Design/Builder is a joint venture involving two or more
entities, each independent entity will satisfy the limits and coverage is specified in
this Document 00 52 00 or the joint venture will be named insured under each
policy specified.
J. Waiver of Right to Recovery Including Subrogation. Design/Builder hereby
waives all its rights of recovery and shall require all insurance policies in any way
related to the Work secured and maintained by the Design/Builder to include
clauses stating each insurer will waive all rights of recovery, under subrogation or
otherwise, against the City and all tiers of contractors or consultants engaged
directly by the City. Design/Builder will require all tiers of subcontractors,
vendors and suppliers, by appropriate written agreements, to provide similar
waivers each in favor of all parties enumerated in this paragraph.
K. Cooperation. Design/Builder shall fully cooperate, participate, and comply with
all reasonable requirements and recommendations of the insurers and insurance
brokers issuing or arranging for issuance of the required policies, in all areas of
safety, insurance program administration, claim reporting and investigating, and
audit procedures.
L. Quotes for Project Specific Coverages and Self-insured Retentions.
Design/Builder shall obtain quotes for the Project specific Commercial General
Liability, Pollution Legal Liability and umbrella/excess coverages to be procured
for the Project on an open book basis, and with self-insured retention amounts
requested by the City. Design/Builder shall also cooperate with the City in
obtaining quotes for such policies through brokers jointly suggested by
Design/Builder in the City. None of the insurance required of this Document 00
52 00 shall be subject to any self-insured retention without the City’s written
approval, and the City shall select the self-insured retention amounts of the
Project specific Commercial General Liability, Pollution Legal Liability and
umbrella/excess coverages to be procured for the Project after reviewing quotes
for these coverages. Pricing of insurance shall be net-of-cost of such insurance
procured hereunder, less value (if any) in Design/Builder’s bid for self-insurance
or reduced bonding costs resulting from placement of such insurance.
M. If injury occurs to any employee of Design/Builder, subcontractor, or sub-
subcontractor for which the employee, or the employee’s dependents in the event
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E
Exterior Improvements Project
CITY OF DUBLIN, PROJECT No. GI0125, GI0223, GI0423 DECEMBER 02, 2025
City of Dublin & Plant Construction Company, L.P. AGREEMENT
00 52 00 - 18
of the employee’s death, is entitled to compensation from the City under
provisions of the Worker’s Compensation Insurance and Safety Act, as amended,
or for which compensation of any kind is claimed from the City, the City may
retain out of sums due Design/Builder under the Contract Documents, an amount
sufficient to cover such compensation, as fixed by the Act, as amended, until such
compensation is paid, or until it is determined that no compensation is due. If the
City is compelled to pay compensation, the City may, in its discretion, either
deduct and retain from the Contract Price the amount so paid, or require
Design/Builder to reimburse the City.
N. Nothing in this Document 00 52 00 shall be construed as limiting in any way the
extent to which Design/Builder or any subcontractor may be held responsible for
payment damages resulting from their operations. Design/Builder’s obligations to
procure insurance are separate and independent of, and shall not limit
Design/Builder’s contractual indemnity and defense obligations. The City does
not represent that coverages and limits required in this contract will necessarily be
adequate to protect the Design/Builder.
O. Except for Worker’s Compensation coverages, Design/Builder shall by
appropriate written agreements flow-down the additional insured coverage,
certificate, endorsement, waiver of subrogation, and all other requirements of this
Document 00 52 00 to all tiers of subcontractors for all insurance required of such
subcontractors by Design/Builder for the work.
P. Design/Builder shall pay all insurance premiums including any charges for
required waivers of subrogation or the endorsement of additional insureds. If
Design/Builder fails to maintain insurance, the City may take out comparable
insurance, and deduct and retain amount of premium from any sums due
Design/Builder under the Contract Documents. If the aggregate limits on any
Design/Builder’s insurance policy are no longer available, Design/Builder must
notify the City and immediately, at Design/Builder’s expense, purchase
replacement coverage to meet the insurance requirements as specified in this
Document 00 52 00. Alternatively, the Design/Builder’s failure to maintain the
required insurance shall be grounds for a termination for default in accordance
with the Contract Documents.
END OF DOCUMENT
Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E