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GEI - Contract

Ripon City Council
June 11, 2024

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GEI - Contract
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June 11, 2024
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Ripon City Council
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Text extracted from the city's file for reading and search. Open the original on riponcityca.iqm2.com. That file is the official record.

CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
FOR
Interactive Fountain Electrical Replacement – Mistlin
Sports Park
Rev_6/2022
i

TABLE OF CONTENTS
GENERAL INFORMATION – SECTION 1 ............................................................................................................... 1 PROPOSAL – SECTION 2...................................................................................................................................... 2 CONTRACT DOCUMENTS – SECTION 3 ................................................................................................................ 3 CONTRACT....................................................................................................................................................................3 INSURANCE REQUIREMENTS – SECTION 4........................................................................................................... 6

END OF TABLE OF CONTENTS
Interactive Fountain Electrical Replacement – Mistlin Sports Park GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1

1. Project Information. The Project is located at Mistlin Sports Park. The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.

2. License and Registration Requirements

2.1 Contractor’s License. This Project requires a valid California Contractor’s License for the following classification(s): C-10. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.

2.2 City of Ripon Business License. Per Municipal Code Section 5.04.020, a City Business License is required for anyone wishing to carry on commerce within the corporate City limits. Documentation evidencing Contractors Business License is required within fourteen (14) calendar days after City’s issuance of Award.

2.3 DIR Registration. City will not enter into a Contract with a contractor without proof that the contractor and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

3. Labor Compliance

3.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

3.2 Rates. The prevailing rates are on file with the City Clerk and available online at http://www.dir.ca.gov/DLSR. It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates of per diem wages to all workers employed in the execution of the contract.

3.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code Section 1771.4.

4. Questions and Requests for Information or Clarification. All questions, requests for information and requests for clarification regarding the Project shall be directed to the following:

James Pease
259 N. Wilma Ave., Ripon, CA 95366
209-599-2108 (phone)
209-599-2685 (fax)
[email protected]

END OF GENERAL INFORMATION
Interactive Fountain Electrical Replacement – Mistlin Sports Park PROPOSAL Page | 2
PROPOSAL – Section 2
Proposal
Interactive Fountain Electrical Replacement – Mistlin Sports Park Grossi Electric Inc. (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).
1 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected] 6/5/2024
Escalon, CA
RE C.4.24.CR001.2
City Of Ripon
** Grossi Electric Inc. ** cordially presents this proposal in connection with the electrical work to be executed at the aforementioned project. The quote is based on the job performed by GEI in cooperation with the City of Ripon. Although no plans were provided, the job is bid to the NEC 2020 code. Any changes to the scope of work will be addressed through a change order.

General Scope of Work:

Description of Work:

1. Demo Existing Components:
a. Safely disconnect and remove existing conductors and devices up to the nearest disconnection point. b. Ensure safety procedures are followed during this process. c. Retain necessary conduit, supports, and conductors for the existing 200-amp feeds.

2. Control Enclosure:
a. Demo existing components in control panel located in vault. b. Replace the following failed components:
i. Seven ABB ACS180 Variable Frequency Drives (VFDs).
ii. Seven ABB SU203M-K20 units for branch protection.
iii. Three ABB contactor assemblies equipped with manual motor protectors. iv. One hundred and fifty terminal blocks.
v. A 50-amp Radio Frequency Interference (RFI) filter.
vi. An 80-amp service disconnect.
vii. All wiring will be labeled according to the documentation. viii. All terminals will be labeled as per the documentation.

3. Wire Replacement:
a. Remove failed conductors and re-pull new conductors running in control enclosure. b. Reuse and re-pull all wiring from the MCC to the Motor Control Cabinet.

4. Testing and Verification:
a. Test the terminations and equipment to ensure proper functionality.

5. Permit and Documentation:
a. Provide plan documentation in accordance with the National Electrical Code.

6. Exclusions:
a. Permit.

Cost: ………………………………………………………………………………………………………………………………………………………………………… $21,503.53 ___________________________________________________________________________________________________ 2 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected]

1. Prices: Our prices remain firm for a period of thirty days.

2. Payment Structure: Our pricing structure is based on the payment of invoices within thirty (30) days.

3. Past Due Payments: Any payments not received within 30 days of the invoice date should be considered past due. An additional interest charge of 1.5% per month will accrue on the unpaid balance until it is paid in full. No work, including warranty work, will be performed if any invoice is past due (including change orders). Additionally, no release of lien will be signed unless all payments are paid in full.

4. Down Payment: A down payment is required before any work can proceed.

5. Panel Delivery: Upon delivery of the panel, a second invoice will be sent for the agreed-upon percentage.

6. Final Inspection and Training: The remaining amount will be invoiced after the final inspection and training.

7. Contract Scope: This proposal is based entirely upon the plans and specifications. It does not include any additional items that need to be added, whether required by code or otherwise. Any items added to this contract will be priced according to the attached standard option price list and will be invoiced during the final inspection and training phase.

8. Blueprint Guidelines: Blueprint locations are to be used as a guideline, but field conditions will determine the final areas.

9. Work Requirements: The Electrical Contractor will cut holes in walls and ceilings as needed to complete the required work.

10. Default Conditions: The owner/contractor would default if any payment called for in this agreement is not promptly performed.

All authorized change orders become past due if any written agreement made by the owner/contractor is not fulfilled, if any warranted conditions by the owner/contractor prove to be untrue, or if the owner/contractor fails to comply with any requirements of this agreement. In the event of default, the Electrical Contractor may take the following actions:

1. Suspend Work and Repossess Material/Equipment: The Electrical Contractor has the right to suspend work and remove uninstalled material or equipment from the premises. The owner/contractor agrees that the Electrical Contractor may enter the owner/contractor's property to repossess such material or equipment without liability for trespassing or any other reason.

2. Retain Payment: The Electrical Contractor may retain all money paid hereunder, regardless of the stage of completion of the work, and bring any appropriate legal action to enforce its rights.

3. Costs and Fees: The owner/contractor agrees to pay all costs and fees (including fees incurred in connection with appeals) incurred by the Electrical Contractor in enforcing its rights under this proposal.

11. Liability for Non-Performance: The Electrical Contractor shall not be liable for failure to perform if prevented by strikes or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturers or suppliers, or other causes beyond the Electrical Contractor's control. In no event shall the Electrical Contractor be liable for special or consequential damages whatsoever or however caused.

12. Exclusions: This proposal does not include the cost of trash removal, concrete, forming, painting, patching, trenching, core drilling, venting, and sealing of roof penetrations. All waste created by the Electrical Contractor will be removed to a specific area on the construction site as instructed by the owner/contractor.

13. Equipment Supplied by Others: The Electrical Contractor is not required to install equipment supplied by other trades.

Additionally, the Electrical Contractor shall not be responsible for owner-supplied equipment due to losses related to theft, damage, vandalism, warranty, or any associated storage expenses. This agreement specifically excludes:

1. Warranty of Equipment Supplied by Others

2. Assembly of Equipment Provided by Others

14. Manufacturer's Warranty: All material and equipment supplied by the Electrical Contractor will be installed in a manner 3 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected] consistent with standard practices at this time. The manufacturer shall warrant such material and equipment.

15. Electrical Installation Standards: The electrical installation shall meet the National Electrical Code and local electrical codes.

Errors in design by the architect and engineering in the blueprints or specifications are not the responsibility of the Electrical Contractor. Any additional electrical work required by others and not included in the blueprints and specifications shall not be part of this agreement.

16. Warranty Coverage: The warranty shall only apply to the electrical installation of the material, fixtures, equipment, and other items supplied by the Electrical Contractor. It does not apply to material, fixtures, equipment, and other items supplied by others.

Additionally, the warranty does not cover extensions or additions to the original installation if made by others.

17. Price Adjustments: Notwithstanding any provision herein to the contrary, if, during the performance of this agreement, the price of copper wire and cables, aluminum wire and cables, steel conduit, and any other necessary commodities significantly increases (through no fault of the electrical contractor), the price of any materials, components, or goods furnished under this agreement shall be equitably adjusted by an amount necessary to cover any such significant price increases. As used herein, a significant price increase shall mean any increase in price exceeding three percent (3%) experienced by an electrical contractor from the date of the execution of this agreement.
____________________________________________________________________________________________________________ If you have any questions regarding this proposal, please do not hesitate to call.

Respectfully,
Michael Grossi
President
Grossi Electric Inc.

Proposal Acceptance
I have read this document, including all attachments, and I accept the prices, specifications, project terms and conditions, notes, standard terms, and conditions as stated. I understand that upon signing, this proposal becomes a legally binding contract.

Client Grossi Electric Inc.

Michael Grossi
Printed Name Printed Name
Grossi Electric, Inc.

Company Company
President
Title Title

Signature Signature
6/5/2024
Date Date
Interactive Fountain Electrical Replacement – Mistlin Sports Park CONTRACT Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Interactive Fountain Electrical Replacement – Mistlin Sports Park This Contract made and entered into this 11th day of June, 2024, by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Grossi Electric Inc., hereinafter called the "Contractor", whose Post Office address is 2020 Main St., Escalon, CA 95320.

- WITNESSETH -
That the City has awarded to the Contractor upon his bid duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:

1. Contractor Agrees:
a) To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications. b) To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.
c) To complete said work within the time stated in the proposal. d) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract. e) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and coverage forms and endorsements, as specified in “Insurance Requirements – Section 4”.
f) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
g) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation Interactive Fountain Electrical Replacement – Mistlin Sports Park CONTRACT Page | 4
which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
h) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366. i) To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:

Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for the above named project, the contractor shall submit a payment request for one hundred percent (100%) of the total value of the work.

3. It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

4. It is expressly understood and agreed that a waiver of any of the conditions or covenants of this Contract shall not be considered a waiver of any of the provisions hereof.

5. All provisions of the Occupational Safety and Health Administration Code (OSHA), and California Occupational Safety and Health Administration Code (CAL-OSHA), as they apply to this project, shall be followed.

6. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

Accepted Proposal City of Ripon Standard Specifications Contract State of California Standard Specifications
Project Plans and Specifications

Interactive Fountain Electrical Replacement – Mistlin Sports Park CONTRACT Page | 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
“CONTRACTOR” “CITY”
Grossi Electric Inc. CITY OF RIPON, a Municipal Corporation By: By:

Leo Zuber, Mayor

END OF CONTRACT
Interactive Fountain Electrical Replacement – Mistlin Sports Park INSURANCE REQUIREMENTS Page | 6
INSURANCE REQUIREMENTS – Section 4
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.

A. MINIMUM SCOPE OF INSURANCE

1. General Liability
Contractor 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 two million dollars ($2,000,000) 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. Contractor’s general liability policies shall be primary and noncontributory, 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. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

2. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.

3. Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor 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.

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Interactive Fountain Electrical Replacement – Mistlin Sports Park INSURANCE REQUIREMENTS Page | 7
C. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers.

3. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

6. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

7. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Ripon.

D. ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A-: VII.”
Interactive Fountain Electrical Replacement – Mistlin Sports Park INSURANCE REQUIREMENTS Page | 8

FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirements specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions. The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee, and

2. The insurer shall waive all rights of subrogation against the City.

SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

END OF INSURANCE REQUIREMENTS

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