AGENDA
December 21, 2022
CITY COUNCIL
HOUSING SUCCESSOR
6:00 p.m.
Council Chambers
311 Vernon Street
Roseville, California
www.roseville.ca.us
The meeting may be viewed on Comcast channel 14, Consolidated Communications channel 73, and AT&T U-Verse. City Council meetings are also video streamed live on the City’s website at roseville.ca.us/watch and roseville.ca.us/agenda, and the City’s YouTube channel at youtube.com/CityofRosevilleCa.
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THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
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Consent Calendar
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Agenda Items
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Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MEETING PROCEDURES
5. PRESENTATIONS
5.1. Canvass of Results - 2022 Municipal Election
Memo from City Clerk Carmen Avalos recommending the City Council adopt RESOLUTION NO. 22-472 CANVASSING VOTES OF THE NOVEMBER
8, 2022 GENERAL MUNICIPAL ELECTION AND DECLARING THE
RESULTS THEREOF PER PLACER COUNTY OFFICIAL ELECTION
RESULTS;
declaring Councilmember elect for District 2, Pauline Roccucci, and Vice Mayor-elect in District 4, Krista Bernasconi as the two candidates receiving each the highest number of votes cast in their respective districts; and declaring Measure C, a Transient Occupancy Tax, passed by a majority of "yes" votes cast during the election. After adoption of the resolution, staff recommends that the Official Oath of Office be administered to the incoming Councilmembers for Districts 2 and 4 per the Election Code.
CONTACT:
Carmen Avalos 916-774-5269 [email protected]
6. PUBLIC COMMENTS
7. CONSENT CALENDAR
BEGINNING OF CONSENT CALENDAR
Bids / Purchases / Services
7.1. Armored Car Services - Services Agreement
Memo from Accounting Supervisor Kyle Horton and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 22-463 APPROVING A SERVICES AGREEMENT, BY AND BETWEEN BRINK’S U.S., A DIVISION OF
BRINK’S, INCORPORATED AND THE CITY OF ROSEVILLE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
. Staff requests Council approve a services
agreement with Brink's U.S. for armored car services for a three-year period with two optional one-year renewals. The estimated cost of the armored car services is approximately $115,000 per year, for a total of $345,000 over the three-year period, a portion of which will be paid for by the General Fund. The cost of the first year of the armored car services has been included in the adopted FY2022- 23 budget. The cost of the remaining years of the service will be included in future proposed budgets, pending City Council approval.
CC #:
2458
File #:
0203-14
CONTACT:
Dennis Kauffman 916-774-5313 [email protected]
7.2. Zero Emission Bus Fast Fare Boxes - Sole Source Purchase Order Memo from Administrative Technician
Zachary Presley and Public Works
Director Jason Shykowski
recommending the City Council approve a sole
source purchase order to Genfare, LLC in the amount of $220,746.56 for ten (10) Fast fare boxes and upgrades to support rider fare collection on Roseville’s new Zero Emission Buses. Funding
will be split evenly between grant funds
awarded to two Alternative Transportation projects
. No General Fund resources
will be used.
CC #:
2467
File #:
0800-04
CONTACT:
Zachary Presley 916-746-1320 [email protected]
7.3. Campus Oaks and Misty Wood Aquifer Storage and Recovery Well Drilling - Approval of Construction Plans and Specifications and Authorization to Call for Bids
Memo from Senior Engineer Janice Gainey and Environmental Utilities Director Richard Plecker recommending the City Council approve the project’s construction plans and specifications and authorize staff to advertise the Aquifer Storage and Recovery Well Drilling: Campus Oaks (Well 13) and Misty Wood (Well 19) Project and accept bids from prospective drilling contractors. Staff intends to return to Council for award of the contract and a budget adjustment to establish and fund the project in the Water Construction Fund.
CC #:
2460
File #:
0203-09
CONTACT:
Janice Gainey 916-774-5535 [email protected]
Resolutions
7.4. HOUSING SUCCESSOR/CITY COUNCIL - Fiscal Year 2021-2022 Annual Report of the Low and Moderate Income Housing Asset Fund Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 22-473 APPROVING THE ANNUAL REPORT FOR
THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR
FISCAL YEAR 2021-22. Staff requests Council approve the Annual Report for the Low and Moderate Income Housing Asset Fund for Fiscal Year 2021-22.
The Housing Successor Agencies must produce an annual report of housing activities, due by December 31st of each year. The ending fund balance of the Housing Successor Fund at the end of FY2021-22 was $2,857,407. The fund ended with an excess surplus amount of $1,039,806. Use of these funds for the development and programming of local affordable housing units and homeless prevention and services reduces impacts on the General Fund.
CC #:
2448
File #:
0709-01
CONTACT:
Trisha Isom 916-746-1239 [email protected]
Claudia Carreno 916-774-5476 [email protected]
7.5. Regional Transportation Funding and Financing Plan for Riego Road/Baseline Road Signal Design - Memorandum of Understanding
Memo from Administrative Assistant Lainie Anderson and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 22-459 APPROVING A MEMORANDUM OF UNDERSTANDING, BY AND
BETWEEN THE COUNTY OF PLACER, THE CITY OF ROSEVILLE, AND
THE COUNTY OF SUTTER, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
. Staff
requests Council approval of the Memorandum of Understanding for the Regional Transportation Funding Plan for engineering design of the Riego Road/Baseline Road Signals at the intersection of Pleasant Grove Road North, Pleasant Grove Road South and Locust Road. The cost estimate for this initial work is not to exceed $1,200,000 which shall be shared equally by the three participating agencies. The total contribution by each participating agency shall not exceed $400,000. A $2 million Capital Improvement Project (CIP) budget for the design and construction of these three signals was approved in the City's FY2022-23 budget. The project was set up with Strategic Improvement Fund (SIF) funds that will be reimbursed with developer paid city-county fee funds as they become available. A loan agreement will be brought before Council separately. The CIP has adequate budget to fund Roseville's $400,000 portion of this design work.
CC #:
2449
File #:
0900-04-01
CONTACT:
Lainie Anderson 916-774-5331 [email protected]
7.6. West Roseville Specific Plan - Parcels F-25 and F-26 - Summary Vacation Memo from Associate Planner Sean Morales and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 22-460 ORDERING SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AND PEDESTRIAN EASEMENT AT 2150 PRAIRIE TOWN WAY AND 2151 PRAIRIE TOWN WAY. Staff requests Council approval of the summary vacation for a 6-foot-wide portion of the Public Utility Easement and a 6-foot-wide portion of the Pedestrian Easement for a multi- family development at 2150 and 2151 Prairie Town Way. There will be no fiscal impact to the City.
CC #:
2450
File #:
1001-02
CONTACT:
Sean Morales 916-774-5282 [email protected]
7.7. Sierra Vista - Parcel DF-20 - Notice of Completion Memo from Construction Inspector Cody Allen
and Development Services
Director Mike Isom recommending the City Council adopt RESOLUTION NO. 22-458 ACCEPTING THE PUBLIC WORK KNOWN AS PARCEL DF-20
PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND
AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE
SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE,
THEREFORE, AND ACCEPTING ALL DEDICATIONS OFFERED ON
THE RECORDED MAP OF THE SUBDIVISION. The Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund.
Construction costs were paid by the developer.
CC #:
2446
File #:
0400-04-12-1
CONTACT:
Cody Allen 916-517-7598 [email protected]
7.8. Natural Gas Transportation Service - Agreements
Memo from Power Supply Administrator Bill Forsythe and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 22-470
APPROVING A NATURAL GAS SERVICE AGREEMENT
MODIFICATION, BY AND BETWEEN PACIFIC GAS AND ELECTRIC
COMPANY AND THE CITY OF
ROSEVILLE, AND
AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 22-471 APPROVING A
NATURAL GAS SERVICE AGREEMENT MODIFICATION, BY AND
BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND THE CITY
OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve
two contracts with Pacific Gas & Electric (PG&E) for natural gas transportation service used for fuel deliveries to the Roseville Energy Park and Roseville Power Plant 2. These contracts provide an interim rate to manage natural gas transportation costs until PG&E's rate case is approved by the California Public Utilities Commission. The two contracts are estimated to cost approximately $5.8 million annually, an estimated savings of approximately $4.6 million from the rates included in PG&E’s proposed rate case. Funding for these contracts is included in the Electric Department’s FY2022-23 budget in the Electric Fund. Executing the new negotiated PG&E gas transportation rates, substantially similar to existing ones, is expected to save several million dollars per year in overall power supply costs.
CC #:
2466
File #:
0800-03
CONTACT:
William Forsythe 916-774-5619
[email protected]
7.9. 2018 Regional Surface Transportation Program Arterial Resurfacing Project - Notice of Completion
Memo from Assistant Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 22-462 ACCEPTING THE PUBLIC WORK KNOWN AS THE 2018 REGIONAL
SURFACE TRANSPORTATION PROGRAM ARTERIAL RESURFACING
PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE SAID
NOTICE ON BEHALF OF THE CITY OF ROSEVILLE. The Public Works Engineering Division has made the final inspection of the 2018 Regional Surface Transportation Program Arterial Resurfacing Project and has found the work to be completed in accordance with the improvement plans and City specifications and is now ready for acceptance. The project resurfaced various arterial and collector roadways throughout the City and was funded by a Highway Infrastructure Program grant and two Regional Surface Transportation Program allotments. No General Fund resources were used for this project.
CC #:
2453
File #:
0900-04-01
CONTACT:
Jesse Khatkar 916-774-5434 [email protected]
Ordinances (for introduction and adoption - appropriation/urgency measures)
7.10. CalRecycle Grant Funding – Budget Adjustment
Memo from Compliance Administrator Michelle White and Environmental Utilities Director Richard Plecker recommending the City Council adopt ORDINANCE NO. 6581 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2022-23 BUDGET AND DECLARING THIS
ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approve a $193,581 budget adjustment to create a new project, CalRecycle Grant - SB 1383 Program Implementation, for CalRecycle grant funding. The Environmental Utilities Department's Waste Services Division will use this grant to offset SB 1383 operational costs and provide public benefit through improved collection, management, and recycling programs and services. No matching funds are required and there is no fiscal impact to the General Fund.
CC #:
2459
File #:
0800-02 & 0214 & 0201-01
CONTACT:
Michelle White 916-774-5774 [email protected]
7.11. Community Facilities Districts/Downtown Roseville Property Business Improvement District - Budget Adjustments
Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt ORDINANCE NO. 6579 AUTHORIZING CERTAIN
AMENDMENTS TO THE FISCAL YEAR 2022-23 BUDGET AND
DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE; and adopt ORDINANCE
6580 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2022-23 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. The
City's budget is developed and proposed for adoption before the final tax and assessment levies for the City's community facilities districts (CFDs) and property-based improvement district are determined.
The first recommended
budget adjustment amends the CFD budgets to include bond proceeds received prior to October 2022 and pay-as-you-go developer reimbursements.
The second recommended budget adjustment trues up district budgets after final expenditure estimates, developed parcel counts and levy credits have been taken into consideration for each district. These adjustments align the FY2022-23 budgeted amounts with what was submitted to Placer County for the property tax roll as well as what was received and reimbursed through bond proceeds.
The impact of the budget adjustments on the fund balance of the General Fund is an increase of $234,712 in additional revenue from Community Facilities District No. 3, Municipal Services.
CC #:
2454
File #:
0206-03 & 0206-10 & 0201-01
CONTACT:
Jeannine Thrash 916-774-5473 [email protected]
Dennis Kauffman 916-774-5313 [email protected]
7.12. 2022 Building Standards Code Adoption
Memo from Assistant Fire Chief Jason Rizzi, Fire Chief Rick Bartee, Building Official Jim Mangino, and Development Services Director Mike Isom recommending the City Council adopt
ORDINANCE NO. 6594 REPEALING
ORDINANCE NOS. 6571 AND 6572, AND RE-ADOPTING AND AMENDING CHAPTERS 16.04 AND 16.16 OF TITLE 16 OF THE ROSEVILLE MUNICIPAL
CODE REGARDING BUILDINGS AND CONSTRUCTION, AND DECLARING THIS ORDINANCE TO BE EFFECTIVE DECEMBER 21, 2022 AS AN
URGENCY ORDINANCE.
Staff requests Council adopt an urgency ordinance
amending Title 16 of the Roseville Municipal Code, which prescribes regulations governing building standards and conditions hazardous to life and property, and declaring the ordinance to be effective December 21, 2022 as an urgency ordinance. The fiscal impact on the City includes new code resources and staff training on the updated Building Code Standards. These costs have been accounted for within the current budgets of both the Fire Department and the Development Services Department.
CC #:
2471
File #:
0501
CONTACT:
Jason Rizzi 916-774-5802 [email protected]
Jim Mangino 916-774-5390 [email protected]
Ordinances (for second reading and adoption)
7.13. Second Reading - Roseville Electric Energy Surcharge - Roseville Municipal Code Amendment
ORDINANCE NO. 6592 OF THE COUNCIL OF THE CITY OF
ROSEVILLE AMENDING SECTIONS 14.24.040, 14.24.050 AND 14.24.055 OF CHAPTER 14.24 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING ELECTRICAL ENERGY, for second reading and adoption.
CC #:
2469
File #:
0800-03 & 0215
CONTACT:
Joanna Cucchi 916-746-1609 [email protected]
7.14. Second Reading - Kaiser Inpatient Bed Tower Project - Northeast Roseville Specific Plan Parcel 12 (1600 Eureka Road) - Development Agreement Amendment
ORDINANCE NO. 6593 ADOPTING A FIRST AMENDMENT OF THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
ROSEVILLE AND KAISER FOUNDATION HOSPITALS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE, for second reading and adoption.
CC #:
2470
File #:
0400-04-02-1
CONTACT:
Kinarik Shallow
916-746-1309
[email protected]
Reports / Requests
7.15. Local Agency Special Tax and Bond Accountability Act Reports Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept the informational reports as required by Senate Bill 165, the Local Agency Special Tax and Bond Accountability Act, which requires an annual report containing specified information concerning the use of proceeds of any local special tax/local bond measure subject to voter approval. There is no fiscal impact to the City's General Fund.
CC #:
2457
File #:
0200 & 0210
CONTACT:
Jeannine Thrash 916-774-5473 [email protected]
7.16. HOUSING AUTHORITY/CITY COUNCIL – Quarterly Status Update 3rd Quarter 2022
Memo from Housing Supervisor Suzi Cook-Turner and Economic Development Director Melissa Anguiano recommending the City Council receive a quarterly report on the Housing Authority’s Housing Choice Voucher Program. This report is for informational purposes only and has no impact on the City's General Fund.
CC #:
2447
File #:
0709-02-01
CONTACT:
Suzi Cook-Turner 916-774-5414 [email protected] Trisha Isom 916-746-1239 [email protected]
7.17. Electric Utility Wildfire Mitigation Plan
Memo from Electric Operations Manager Jason Grace and Electric Utility Director Dan Beans recommending the City Council accept the Electric Utility Wildfire Mitigation Plan. The purpose of the Plan is to ensure the safety of the public and City employees with regard to utility operations in areas at risk of wildfires. There is no cost associated with the acceptance of the plan.
CC #:
2455
File #:
0800-03
CONTACT:
Jason Grace 916-774-5643 [email protected]
END OF CONSENT CALENDAR
8. SPECIAL REQUESTS/REPORTS/PRESENTATION
8.1. Park Name Recommendation Approval
Memo from the Park Planning & Development Superintendent Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council approve park name recommendations for several new parks. Solicitation of names for these parks occurred in July and August 2022. The advertisement period was four (4) weeks. The Park Naming Subcommittee met to review the name submissions along with names on the “active” list from last year. “Active” are those names received the year prior and not selected. Consistent with the policy, a short list of names was forwarded as recommendations to the Parks & Recreation Commission. The Parks & Recreation Commission, per review and discussion at their November 7, 2022 meeting, recommends the names presented in this item to the City Council for final review and approval. Park identification signs for new parks will be included in the construction budgets of each park. There will be no General Fund impact.
CC #:
2456
File #:
0704
CONTACT:
Tara Gee 916-774-5253 [email protected]
8.2. Council Discretionary Funds - Downtown Roseville Partnership Memo from Management Assistant Cary Camilleri and City Clerk Carmen Avalos requesting the City Council consider a request for $2,000 from Council Discretionary Funds for Downtown Roseville Partnership's 61st Annual Sylvia Besana Holiday Parade that was held
on Saturday November 19th, 2022. There
is no fiscal impact to the City’s General Fund.
CC #:
2462
File #:
0102
CONTACT:
Cary Camilleri 916-746-1350 [email protected] Carmen Avalos 916-774-5269 [email protected]
8.3. Council Discretionary Funds - Placer Food Bank
Memo from Management Assistant Cary Camilleri and City Clerk Carmen Avalos recommending the City Council consider a request for $2,500 from Council Discretionary Funds for the Placer Food Bank's Pantry To Go food assistance event at Denio's Farmers Market in Roseville. The funds will help cover costs for the drive-through free food distributions on the first Friday of each month. There is no fiscal impact to the City’s General Fund.
CC #:
2463
File #:
0102
CONTACT:
Cary Camilleri 916-746-1350 [email protected] Carmen Avalos 916-774-5269 [email protected]
9. APPOINTMENTS
9.1. Board and Commissions Bi-Annual Vacancies
Memo from City Clerk Technician Katrina Six and City Clerk Carmen Avalos recommending the City Council appoint Maria Fisk, Eileen Speaker, and Kim Ryan Unidad to the Library Board to terms expiring December 31, 2026; appoint David Jacques and Thomas Lamb to the Personnel Board to a term expiring December 31, 2026; appoint Derek Pell, Doyle Radford Jr., and Philip Roberts to the Transportation Commission to terms expiring December 31, 2026; appoint four (4) individuals to the Board of Appeals from the applications received from Joseph Bales, Ivann Greene, Steve Miller, Arthur Pauly, Jr., and Tom Rutherford to terms expiring December 31, 2026; and appoint three (3) individuals to the Parks and Recreation Commission to terms expiring December 31, 2026 from the applications received from: Renee Borowiak, Brandon Clark, Regina Souchek, and Jeff Short; and appoint two (2) individuals to the Senior Commission to terms expiring December 31, 2026 from the applications received from: Eugene Cheng, Barbara Harmon, Shyan Lee, Steve Miller, and Nicole Zamora.
CC #:
2445
File #:
0103 & 0103-04 & 0103-05 & 0103-06 & 0103-12 & 0103-13 & 0103-41 CONTACT:
Katrina Six 916-774-5267 [email protected]
10. PUBLIC HEARING
NOTICE TO THE PUBLIC
City Council, when considering the matter scheduled for hearing, will take the following actions:
1. 2.
3. 4.
5. 6.
7. 8.
Open the Public Hearing
Presentation by Staff
Presentation by applicant or Appellant
Accept Public Testimony
Appellant or Applicant Rebuttal Period
Close the Public Hearing
City Council Comments and Questions
City Council Action
In the future, if you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you, or someone else raised orally at the Public Hearing or in written correspondence received by the City on or before the hearing.
Public Hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuation.
10.1. Commercial Corridor Specific Plans
Memo from Associate Planner Jessica Lynch, Senior Planner Lauren Hocker, and Development Services Director Mike Isom recommending the City Council consider the addendum to the 2035 General Plan Environmental Impact Report
(SCH #2019080418, certified on August 5, 2020) and 2021 Housing Element Addendum; and adopt RESOLUTION NO. 22-465
AMENDING THE
GENERAL PLAN TO CHANGE THE TEXT OF THE GENERAL PLAN
AND TO CHANGE THE LAND USE DESIGNATION ON CERTAIN REAL
PROPERTY IN THE CITY OF ROSEVILLE
; and adopt one (1) finding of fact
and adopt RESOLUTION 22-466 ADOPTING THE ATLANTIC STREET CORRIDOR SPECIFIC PLAN; and adopt two (2) findings of fact and introduce for first reading an ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING ZONING ORDINANCE NO. 5428 TO
APPROVE A REZONE CHANGING THE ZONING OF CERTAIN REAL
PROPERTY LOCATED WITHIN THE ATLANTIC STREET CORRIDOR
SPECIFIC PLAN; and adopt one (1) finding of fact and adopt RESOLUTION 22-467 ADOPTING THE DOUGLAS-HARDING CORRIDOR SPECIFIC
PLAN; and adopt two (2) findings of fact and introduce for first reading an
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AMENDING ZONING ORDINANCE NO. 5428 TO APPROVE A REZONE
CHANGING THE ZONING OF CERTAIN REAL PROPERTY LOCATED
WITHIN THE DOUGLAS-HARDING CORRIDOR SPECIFIC PLAN; and
adopt one (1) finding of fact and adopt RESOLUTION 22-468 ADOPTING THE DOUGLAS-SUNRISE CORRIDOR SPECIFIC PLAN; and adopt two (2) findings of fact and introduce for first reading an ORDINANCE OF THE
COUNCIL OF THE CITY OF ROSEVILLE AMENDING ZONING
ORDINANCE NO. 5428 TO APPROVE A REZONE CHANGING THE
ZONING OF CERTAIN REAL PROPERTY LOCATED WITHIN THE
DOUGLAS-SUNRISE CORRIDOR SPECIFIC PLAN; and adopt two (2) findings of fact and introduce for first reading an ORDINANCE OF THE
COUNCIL OF THE CITY OF ROSEVILLE AMENDING ZONING
ORDINANCE NO. 5428 TO APPROVE A REZONE CHANGING THE
ZONING OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ROSEVILLE INFILL PLANNING AREA; and adopt two (2) findings of fact and introduce for first reading an ORDINANCE OF THE COUNCIL OF
THE CITY OF ROSEVILLE AMENDING
SECTION 19.18.030 OF
CHAPTER 19.18, AMENDING SECTION 19.24.020 OF CHAPTER 19.24, AMENDING SECTION 19.26.030 OF CHAPTER 19.26, AMENDING
SECTION 19.78.020 OF CHAPTER 19.78, AND ADDING CHAPTER 19.33 OF TITLE 19 OF THE ROSEVILLE MUNICIPAL CODE REGARDING
ZONING.
Staff requests consideration of the adoption of three
related and
connected Specific Plans, also referred to as Corridor Plans, centered along older commercial corridors in developed areas of the City. The three Specific Plans are the Atlantic Street Corridor Specific Plan, the Douglas-Harding Corridor Specific Plan, and the Douglas-Sunrise Corridor Specific Plan. The purpose of these three Specific Plans is to encourage and facilitate the revitalization and redevelopment of the areas consistent with the vision for each plan. The project includes land use and zone district amendments, establishment of Special Area zone district in each of the plan areas to establish development standards and streamlined approval processes; water and sewer infrastructure studies to ensure there is sufficient available capacity to support up to 850 units of multifamily residential development across all three Plan Areas (up to 50 units in Atlantic Street, up to 200 units in Douglas-Harding, and up to 600 units in Douglas-Sunrise); conceptual streetscape plans; design guidelines and development standards for multifamily and nonresidential development; frontage improvement guidelines and standards; permitted use tables; and entitlement process streamlining. This request includes amendments to portions of Title 19 of the Roseville Municipal Code (Zoning Ordinance) to accommodate the three new Corridor Plans. The changes include: adding the three specific plans to the list of special area districts (Chapter 19.18); adding a new chapter to define the three specific plans and establish permitted uses, development standards, parking standards and entitlement and approval procedures for the three specific plans (Chapter
19.33); reference the three specific plans in the following chapters, nonconforming uses and structures (Chapter 19.24), parking space requirements by use type (Chapter 19.26), and required public hearings, authorized approving authority and public notice (Chapter 19.78).
Preparation of
the Commercial Corridor Plans was funded through two sources, including $310,000 from the Senate Bill 2 Planning Program Grant from the California Housing and Community Development Department and a $1.2 million City General Fund allocation.
CC #:
2461
File #:
0800-06
CONTACT:
Jessica Lynch 916-774-5352 [email protected]
10.2. 2022 Water Management Plan Adoption
Memo from Water Conservation Administrator Bobby Alvarez and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 22-469 APPROVING AND ADOPTING THE
CITY OF ROSEVILLE’S 2022 WATER MANAGEMENT PLAN. Staff
requests Council approve and adopt the 2022 Water Management Plan (“WMP”). The 2022 WMP has been developed and updated by the City, a Central Valley Project Municipal and Industrial Water Supply Contractor on the Upper American River, to meet the requirements of the City's water service contract with the United States Bureau of Reclamation (USBR). This item includes a public hearing to receive any comments or proposed modifications to the WMP, as required by the City’s water supply contract. Following the public hearing, staff recommends adoption of the 2022 WMP, as prepared or as modified after the public hearing, and authorizing staff to submit the final 2022 WMP to the USBR. Water conservation programs are a condition of City water contracts, regional agreements, and a matter of state law with the passage of Senate Bill X7-7 in 2009. Planning continues on an annual basis and is included in all rate analyses and proposed budgets for the Water Operations Fund.
CC #:
2465
File #:
0800-02
CONTACT:
Bobby Alvarez 916-746-1710 [email protected]
10.3. Labor Market Adjustments, Minimum Wage and Other Adjustments, and Budget Adjustment
Memo from Human Resources Manager Linda Hampton and Human Resources Director Stacey Peterson recommending the City Council adopt ORDINANCE NO. 6582 AMENDING ORDINANCE 6488, THE SALARY
ORDINANCE FOR PERSONNEL REPRESENTED BY THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 1245, AS AMENDED BY APPENDIX “B” TO BE EFFECTIVE
DECEMBER 31, 2022, AS AN URGENCY MEASURE; and adopt
ORDINANCE NO. 6583 AMENDING ORDINANCE NO. 6569, THE
SALARY ORDINANCE FOR EMPLOYEES REPRESENTED BY THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY
ENGINEERS, LOCAL 39, AS AMENDED BY APPENDIX “E” TO BE
EFFECTIVE DECEMBER 31, 2022, AS AN URGENCY MEASURE; and adopt ORDINANCE NO. 6584 AMENDING ORDINANCE NO. 6468, THE
SALARY ORDINANCE FOR NON-SWORN EMPLOYEES
REPRESENTED BY THE ROSEVILLE POLICE ASSOCIATION, AS
AMENDED BY APPENDIX “C” TO BE EFFECTIVE JANUARY 14, 2023 AS AN URGENCY MEASURE; and adopt ORDINANCE 6585 AMENDING ORDINANCE NO. 6455, THE SALARY ORDINANCE FOR SWORN
EMPLOYEES REPRESENTED BY THE ROSEVILLE POLICE
OFFICERS’ ASSOCIATION, AS AMENDED BY APPENDIX “B” TO BE EFFECTIVE JANUARY 14, 2023 AS AN URGENCY MEASURE; and adopt ORDINANCE NO. 6586 AMENDING ORDINANCE NO. 6446, THE
SALARY ORDINANCE FOR EMPLOYEES REPRESENTED BY
ROSEVILLE FIREFIGHTERS, LOCAL 1592, AS AMENDED BY
APPENDIX “B”, TO BE EFFECTIVE JANUARY 14, 2023 AS AN
URGENCY MEASURE; and adopt ORDINANCE NO. 6587 AMENDING
ORDINANCE NO. 6569, THE SALARY ORDINANCE FOR EMPLOYEES
REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY ENGINEERS, LOCAL 39, AS AMENDED BY APPENDIX “F” TO BE EFFECTIVE JANUARY 14, 2023, AS AN
URGENCY MEASURE; and adopt ORDINANCE NO. 6588 AMENDING
ORDINANCE NO. 6469, THE SALARY ORDINANCE FOR
CONFIDENTIAL EMPLOYEES, AS AMENDED BY APPENDIX “C” TO BE EFFECTIVE JANUARY 14, 2023, AS AN URGENCY MEASURE; and adopt ORDINANCE NO. 6589 AMENDING ORDINANCE NO. 6568, THE
SALARY ORDINANCE FOR MANAGEMENT EMPLOYEES, AS
AMENDED BY APPENDIX “E” TO BE EFFECTIVE JANUARY 14, 2023, AS AN URGENCY MEASURE; and adopt ORDINANCE NO.
6590 AMENDING ORDINANCE NO. 6537, THE SALARY ORDINANCE
FOR SEASONAL/TEMPORARY EMPLOYEES, AS AMENDED BY
APPENDIX “P” TO BE EFFECTIVE JANUARY 1, 2023, AS AN URGENCY MEASURE; and adopt ORDINANCE NO. 6591 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022-23 BUDGET AND
DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE.
In accordance with current labor
agreements, staff recommends Council approve the updated Roseville Police Association, Roseville Police Officer’s Association, Roseville Firefighters, International Union of Operating Engineers, Stationary Engineers, Local 39, and Management and Confidential A and B Salary Schedules reflecting labor market adjustments to bring classifications to the 55% percentile effective January 14, 2023; the Temporary salary schedule reflecting the required minimum wage updates and classification clean-up effective January 1, 2023; and salary adjustments for Fleet Services Parts Buyer on the Local 39 salary schedules and Generation Maintenance Scheduler-Coordinator on the IBEW salary schedules effective December 31, 2022.
The total cost of all LMA's on an annual basis is approximately $5.9 million or $2.9 for the remainder of Fiscal Year (FY) 2022-23. The General Fund portion of the LMA is roughly $3.8 million annually or $1.89 million for the rest of FY2022-23. The FY2022-23 General Fund budget included an initial estimate of $1.14 million for the LMAs, which is approximately $750,000 short of the estimated cost of the LMAs for the remainder of the fiscal year. Staff recommends utilizing $750,000 of the $1.5 million available in the General Fund Contingency to fund this cost initially, and in January 2023, will recommend backfilling the $750,000 with General Fund surplus funds from FY2021-22. The estimated cost of the LMAs on other funds is approximately $1 million for the remainder of the fiscal year. Of this amount, $262,000 will be funded by existing resources in the Youth Development, Transit, Transportation, Consolidated Transit Services Agency, Information Technology, and Facilities Funds. The remaining balance of $738,000 includes funds that can't absorb the cost of the LMA from their existing budgets. A budget adjustment of $738,000 is recommended to fund the cost of the LMAs in the Fleet Operations, Electric and Environmental Utility Funds. The estimated cost of the salary adjustment to the Fleet Services Parts Buyer classification is $4,291 for the remainder of FY2022-23 and $8,583 annually, and the salary adjustment to the Generation Maintenance Scheduler-Coordinator classification is $34,593 for the remainder of FY2022-23 and $69,187 annually. The Fleet Services Fund has adequate resources to absorb the cost of the Fleet Services Parts Buyer salary adjustment for the rest of the fiscal year. An adjustment in the Electric Operations Fund FY2022-23 budget is included in the recommended budget adjustment to fund the cost of the salary adjustment to the Generation Maintenance Scheduler- Controller classification. The change in minimum wage will cost the General Fund approximately $25,000 over the remaining six months of FY2022-23. This minimum wage increase also has minimal impacts on the Environmental Utilities and Transportation funds. There are adequate funds available in the FY2022-23 budget to fund this change.
CC #:
2464
File #:
0600-01 & 0201-01
CONTACT:
Linda Hampton
916-412-4848
[email protected]
11. REPORTS / PUBLIC COMMENTS
12. ADJOURNMENT
COUNCIL COMMUNICATION
CC #:
2468
File #:
0502-01
Title:
Canvass of Results - 2022 Municipal Election
Contact:
Carmen Avalos 916-774-5269 [email protected]
Meeting Date: 12/21/2022
Item #: 5.1.
RECOMMENDATION TO COUNCIL
Staff recommends the City Council adopt Resolution No. 22-472 of the City of Roseville canvassing the votes cast at the November 8, 2022, General Municipal Election and certifying the results thereof per Placer County Official Election Results; declaring Councilmember elect for District 2, Pauline Roccucci, and Vice-Mayor-elect in District 4, Krista Bernasconi, as the two candidates receiving each the highest number of votes cast in their respective districts; and declaring Measure C, a Transient Occupancy Tax (TOT) ballot measure, passed by a majority of “yes” votes cast during the election. After adoption of the resolution, staff recommends that the Official Oath of Office be administered to the incoming Councilmembers for Districts 2 and 4 per the Election Code.
BACKGROUND
A General Municipal Election was held on Tuesday, November 8, 2022, in accordance with law for the purpose of electing two (2) Councilmembers, one for District 2 and one for District 4, for the full term of four (4) years each, and proposing the enactment of Measure C, a Transient Occupancy Tax (TOT) ballot measure, increasing the TOT rate from 6% to 10%. Measure C does not limit the use of the tax revenues and is therefore enacted as a general tax.
The Placer County Registrar of Voters Office has determined the following two candidates received the highest number of votes cast in each of their respective districts and are therefore elected to the office of City Councilmember of the City of Roseville for the full four (4) year term of office:
CANDIDATES
District 2
District 4
Pauline Roccucci Krista Bernasconi
Number of Precincts
Total
District 2
District 4
11 11
11 per District
Precincts Reporting
100%
Vote for 1 - District 2
Vote for 1 - District 4
1 1
Candidate- District 2
Total Votes
% of Vote
Pauline Roccucci
5,061
57.58%
Eric Eisenhammer
3,015
34.30%
Richard Wukmir
713
8.11%
Write-in
0 0.00%
Candidate- District 4
Krista Bernasconi
9,418
100%
Write-in
0 0.00%
MEASURE C
The Placer County Registrar of Voters Office reports that Measure C was approved by the voters of the City of Roseville, receiving an approval rating of 72.33%, with all 53 precincts reporting. As prescribed by voter-approved City of Roseville Ordinance No. 6504 and California Elections Code, Section 9217, Ordinance 6504 shall be in full force and effect ten (10) days after the certification by the City Council of the election returns.
The results for Measure C with 100% of the 53 precincts reporting as follows:
Measure C
Total Votes Received
% of Votes Cast
YES
41,546
72.33%
NO
15,891
27.67%
OATH OF OFFICE
The official oath of office for City Council candidate-elect Pauline Roccucci (District 2), and Vice- Mayor-elect Krista Bernasconi (District 4), will occur on Wednesday, December 21, 2022, at 6:00 p.m. in the Council Chambers of the Civic Center at 311 Vernon St., Roseville, CA 95678.
FISCAL IMPACT
There is no fiscal impact due to the election of Councilmembers because the adopted budget includes the expected costs associated with having five council members. Enactment of the Transient Occupancy Tax (TOT) rate amendment established by the passage of Measure C amending the TOT rate from 6% to 10%, is estimated to generate approximately $2.7 to $3 million of additional revenue annually.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The canvass of election results meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal B - Support community engagement and advocacy
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-472
Certification of Election & Results
RESOLUTION NO. 22-472
RESOLUTION OF THE COUNCIL OF THE CITY OF ROSEVILLE CANVASSING VOTES OF THE NOVERMBER 8, 2022 GENERAL MUNICIPAL ELECTION AND DECLARING
THE RESULTS THEREOF PER PLACER COUNTY OFFICIAL ELECTION RESULTS
WHEREAS, a General Municipal Election was held on Tuesday, November 8, 2022, in accordance with the law for the purpose of electing two (2) councilmembers for four (4) year terms of office, and proposing the enactment of Measure C, an amendment to the City of Roseville Transient Occupancy Tax (TOT) rate, from 6% to 10%; and WHEREAS, it is the desire of the Roseville City Council to canvass the return of said election votes and to declare the results; and
1. That a General Municipal Election was held on Tuesday, November 8, 2022;
2. That the following candidates were voted on and elected as City Councilmembers in said election, for four (4) year terms:
Pauline Roccucci (District 2); and Krista Bernasconi (District 4)
3. That the final tabulations of the votes cast is as follows:
District 2 Total Votes Received % of Votes cast
Pauline Roccucci 5,061 57.58%
Eric Eisenhammer 3,015 34.30%
Richard Wukmir 713 8.11%
Write-In Votes 0 0.00%
District 4
Krista Bernasconi 9,418 100%
Write-In Votes 0 0.00%
4. That pursuant to Section 2.03 of the Charter, Krista Bernasconi is hereby declared to be the Vice-Mayor. The Vice-Mayor’s term of office shall commence upon the assumption of office and shall continue until the next election or assumption of office of a successor. Upon the conclusion of the term of office as Vice-Mayor, Krista Bernasconi shall be seated as Mayor. The Mayor’s term of office shall commence upon the assumption of office and continue until the assumption of a successor;
5. That the City Clerk or her designee is hereby directed to deliver to Pauline Roccucci (District 2) and Krista Bernasconi (District 4) a certificate of election and to administer to said persons the oath of office as prescribed in the Constitution of the State of California. That the term of office and administration of the Oath of Office shall occur and commence immediately following the approval of this resolution, here on Wednesday, December 21, 2022;
6. That the following ballot measure is hereby declared to have passed, which does not limit the use of the tax revenues and is therefore enacted as a general tax:
Measure C – City of Roseville, Hotel and Lodging Tax Measure “YES” Votes 41,546 72.33%
“NO” Votes 15,891 27.67%
The following results for the 53 precincts in the City of Roseville for Measure C indicate that the measure was approved by the voters and is hereby declared as having passed:
Measure C Total Votes Received % of Votes
cast
YES 41,546 72.33%
NO 15,891 27.67%
7. That the City Clerk is hereby directed to enter the adoption of this Resolution in the minutes of the City Council as a statement of the results of the General Municipal Election held on November 8, 2022.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the City Council hereby ratifies and approves the election results as presented.
PASSED AND ADOPTED by the Council of the City of Roseville, on the 21st day of December, 2022.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
KRISTA BERNASCONI, MAYOR
ATTEST:
______________________________
CARMEN AVALOS, CITY CLERK
COUNCIL COMMUNICATION
CC #:
2458
File #:
0203-14
Title:
Armored Car Services - Services Agreement
Contact:
Dennis Kauffman 916-774-5313 [email protected]
Meeting Date: 12/21/2022
Item #: 7.1.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a services agreement with Brink's U.S. for armored car services. Staff also requests authorization for two (2) additional one (1) year renewals without further Council approval, provided that the applicable budget is approved by the City Council each year, or until staff determines that continuing with the same vendor is not in the City's best interest.
BACKGROUND
The City contracts with an armored car service to pick up cash receipts regularly from City facilities and transport them safely to a bank vault for processing.
In March 2022, the City issued a request for proposals to conduct a competitive procurement process to select an armored car service provider. After staff from multiple City departments reviewed the two submitted proposals and conducted interviews, staff recommends contracting with Brink's for a three-year term, with two optional one-year extensions.
FISCAL IMPACT
The estimated cost of the armored car services is approximately $115,000 per year, for a total of $345,000 over the three-year period, a portion of which will be paid for by the General Fund. The actual cost of services will increase with CPI and will vary based on a fuel surcharge applied based on the market price of gasoline. The cost of the first year of the armored car services has been included in the proposed FY2022-23 budget. The cost of the remaining years of the services will be included in future proposed budgets, pending City Council approval.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of an agreement for armored car services meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Respectfully Submitted,
Kyle Horton, Accounting Supervisor
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-463
Agreement
RESOLUTION NO. 22-463
APPROVING A SERVICES AGREEMENT, BY AND BETWEEN BRINK’S U.S., A DIVISION OF BRINK’S, INCORPORATED AND THE CITY OF ROSEVILLE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a Services Agreement for armored car services, by and between Brink’s U.S., a Division of Brink’s, Incorporated and the City of Roseville, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Services Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
CITY OF ROSEVILLE Page 1 of 11 Services Agreement (Rev. 2017-08)
SERVICES AGREEMENT
Non-Standard
AGREEMENT # 9999655630
THIS SERVICES AGREEMENT (together with Attachment(s) the “Agreement”) is made by and between Brink’s U.S., a Division of Brink’s, Incorporated (“Brink’s”), a Delaware corporation with offices located at 555 Dividend Drive, Suite 100, Coppell, TX 75019, and CITY OF ROSEVILLE (“Customer”) with offices located at 311 VERNON STREET, ROSEVILLE, CA -95678-2649 is entered into on January 1, 2023.
I. DEFINITIONS
A. Attachment - any statement of work ("SOW"), exhibit, schedule, amendment or addendum, all of which are hereby incorporated into this Services Agreement.
B. Business Day - Monday through Friday except holidays observed by the Facility performing Services hereunder.
C. Distinctively and Securely Sealed - the container used to hold any Property has been closed and fastened with a device or method of sealing having a distinguishing mark that can be clearly seen and recognized as a unique identification number or special mark that is attached to the container so that the Property is firmly enclosed, and the device or method of sealing cannot be remo ved and reapplied to the container withou t leaving visible external evidence of tampering to the container. The container must also include bar coding compliant with Brink’s specifications.
D. Facility(ies) - Brink's location(s) where certain Services will be performed.
E. Loss - any loss of, damage to, theft of, or destruction of Property for which Customer has provided timely Notice to Brink’s.
F. Maximum Liability Amount - the total liability assumed by Brink's for a Loss as specified in the Attachment(s).
G. Property - currency, coin, checks, securities, other financial instruments, and other valuables agreed upon by Brink's in an Attachment.
H. Rates - charges for Services as listed in Attachment(s).
I. Services - services to be provided to Customer as described in the applicable Attachment(s).
J. Shipment - one or more sealed or locked container(s) of Property collected or received by Brink's in one place at any one time.
II. SERVICES
A. Brink's shall perform Services as set forth in the SOW(s) signed by Brink's and Customer. Services will be performed at the Facility(ies) and other locations specified in the applicable SOW. Services will be performed on Business Days, unless otherw ise specified in the applicable SOW. In the event of inclement weather or some other irregularity, performance sh all be as mutually agreed upon. Customer agrees to look only to the provisions of this Agreement and the applicable SOW for any claim against Brink's relating to Customer's Property.
B. Reserved.
III. TERM
This Agreement shall begin on the earliest effective dat e of a SOW and shall remain in effect until expiration or termination of all SOWs.
IV. CHARGES AND PAYMENT
A. Within thirty (30) days of the date of each invoice, Customer shall pay Brink's the Rates plus all applicable federal, state and local taxes. Payment s hall be made by check, electronic funds transfer (EFT) or Fedwire. The Rates may be amended by Brink's invoices, letters, or other writings. Except for Rate changes made pursuant to paragraph C of this section, Customer may, by written Notice within twent y (20) days of such invoice, letter or other writing, reject any charges differing from the Rates. Otherwise, Customer shall be deemed to have accepted such increase. If Customer disputes the accuracy of an invoice, Customer will provide Brink's written Notice of the claimed inaccuracy within sixty (60) days of the invoice date or such claim will be deemed waived by Customer.
B. All charges remaining unpaid after the invoice due date are subject to an interest charge at the lesser of: 1½% per month; o r, the maximum rate allowed by law.
C. Brink's may increase Rates effective January 1 of each year of this Agreement, by an amount not to exceed the greater of (a) the annual increase in CPI for All Urban Consumer: All Items Less Food and Energy plus two percent (2%) or (b) ten percent (10%) .
Brink’s will provide thirty (30) days prior written notice for a Rate increase due to a change in economic conditions affecti ng the services in Customer’s service areas. A change in economic conditions may include, but is not limited to: (i) an act of God ; (ii) an act of war; (iii) an increase in the then current local, state, or federal minimum wage; (iv) legislative or regulatory requi rements related to the performance of the Services hereunder; or (v) any event that affects Brink’s ability to obtain ins urance as required under this Agreement. Customer shall also pay the Monthly fuel surcharge as set forth in the Rates for the applicable SOW.
V. BRINK’S LIABILITY; LIMITATIONS; EXCLUSIONS
A. Brink's liability for any of its obligations under this Agreement, inc luding without limitation liability for a Loss of a Shipment, shall not exceed the lesser of the following: (1) Maximum Liability Amount; (2) the actual value of the Loss; or (3) the declared value of the Property subject to the Loss. Brink’s liability s hall commence when the Property has been received into Brink’s possession and a receipt has been signed by Brink’s and shall terminate when the Property has been delivered to the location or agent designated by Customer pursuant to the applicable Attachmen t, or returned to Customer or its agent in the event that deliver y cannot reasonably be made by Brink’s.
B. Brink’s liability for a Loss shall not exceed the Maximum Liability Amount, notwithstanding anything to the contrary containe d in DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD CITY OF ROSEVILLE Page 2 of 11 Services Agreement (Rev. 2017-08) any oral statement, invoice, receipt or other document.
C. Brink’s shall not be liable for any shortage within any Shipment that: (1) is not Distinctively and Securely Sealed when rece ived by Brink’s; or (2) occurred before Brink’s received possession of the Shipment; or (3) shows no external evidence of tampering when received by Brink’s. Brink’s shall not be liable for a Loss caused in whole or in part by the criminal acts, or fraud of Customer, its employees, representatives or agents.
D. Does Customer have the ability to reconstruct checks? YES ◇ NO ◈ If “Yes” is checked above, the following language applies:
E. In the event of a Loss of checks or other financial instruments (together “Checks”), Brink’s agrees to pay for: (1) Customer’ s reasonable costs in identifyi ng and replacing the Checks, and (2) the face value of the Checks not identified, except for those Checks which could not be collected on at the time of the Loss up to a combined limit of $25,000 per Shipment. The Maximum Liability Amount that applies to the Loss shall include the referenced $25,000. Customer shall maintain a complete record of all Checks it places in a Shipment and agrees to diligently pursue identification and replacement efforts of the Checks. Custom e r further agrees to reimburse Brink’s for all amounts that are recovered as the result of such efforts.
F. Brink’s shall not be liable for non -performance or delays of Service caused by strikes, lockouts or other labor disturbances, riots, authority of law, acts of God, fire, flood, tornado, hurricane, earthquake or means beyond Brink’s control.
G. Brink’s shall not be liable for a Loss or for non-performance or delays of Service (or for any cost, expense or liability related thereto) caused by or resulting from: (1) war, hostile or warlike action in time of peace or war, including action in hindering, comba ting or defending against an actual, impending or expected attack (a) by any government or sovereign power ( de jure or de facto ), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence or confiscation by order of any government or public authority.
H. In no case shall Brink’s be liable for Loss or for non -performance or delays of Service (or for any cost, expense or liability related thereto) directly or indirectly caused by or contributed to or arising from: (1) any chemical, biological, bio -chemical or electromagnetic weapon; (2) the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; (3) ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; (4) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nu clear assembly or nuclear component thereof; (5) any weapon or device employing atomic or nucle ar fission and/or fusion or other like reaction or radioactive force or matter; or (6) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in sub -clause (6) does not extend to radioacti ve isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other similar peace ful purposes.
I. The following limitation shall not apply to Property in transit . Bri nk’s shall not be liable for Loss or for nonperformance or delays of Service (or for any liability, cost or expense related thereto) directly or indirectly caused by, resulting from or in connection with, any act of terrorism or any action taken in control ling, preventing, suppressing or in any way relating to any act of terrorism.
An act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put t he public, or any section of the public, in fear.
Brink’s is not an insurer under this Agreement. Brink’s shall not be liable under any circumstance for consequential, specia l, incidental, indirect or punitive losses or damages (including lost profits, interest or savings) whether or not caused by the fault or negligence of Brink’s and whether or not Brink’s had knowledge that such losses or damages might be incurred.
VI. INSURANCE
A. Brink's will maintain at all times during the term of this Agreement, insurance payable to Brink's in such amounts and agai nst such risks as shall adequately cover the Maximum Liability Amount. Upon Customer's written request, Brink's will provide a certif icate of insurance. Customer shall be given thirty (30) days’ notice in the event such insurance coverage is canceled, no t renewed or materially restricted.
B. Brink’s shall obtain and maintain in force during the term of this Agreement the following minimum insurance coverages: (a) Workers’ Compensation insurance as required by all applicable worker’s compensation laws [and Employer’s Liability coverage for limits of at least $1,000,000.00 per occurrence]. (b) Commercial General Liability insurance including personal injury and pr oper ty damage coverage. Such coverage shall be in an amount of not less than Two Million Dollars ( $2,000,000) combined single limit per occurrence. (c) Automobile Liability (including uninsured and underinsured) insurance covering injury to and death of per sons and property damage with combined limits of Two Million Dollars ($2,000,000) combined single limit per occurrence. (d) “All Risk Money and Securities” insurance (including employee fidelity coverage) in an amount not less than and covering the liability assumed by Brink’s under this Agreement for loss of Property.
C. Customer shall at all times mai ntain comprehensive general liability insurance coverage (or be have a sufficient self -insured retention) , including contractual liability and premises liability. Such insurance shall be in reasonable amounts and with insurance companies of recognized fin ancial responsibility. Upon written request, Customer shall provide to Brink's evidence of such insurance coverage, and Customer agrees that Brink's shall be given thirty (30) days’ notice in the event that such insurance coverage shall be canceled, not r enewed or materially restricted.
VII. FILING OF CLAIMS; PROOF OF LOSS
A. In the event of Loss under this Agreement, Customer shall notify Brink’s as soon as practicable upon discovery and provide written Notice to Brink’s no more than thirty (30) days after the Property which is the subject of the claim was received into Brink’s possession or, as applicable, the inventory report or transaction report indicating a Loss or discrepancy is delivered to Cus tomer.
To file a Loss claim, Customer shall submit the claim to Brink’s designated Brink’s 24SEVEN customer portal or any subsequent iteration. Timely and complete submission of a Loss claim shall constitute notice of Loss under this paragraph. Customer shall retain a copy of the notification of Loss receipt provided via email or available from the Brink’s designated website. It is Customer’s responsibility to promptly verify deliveries, transaction reports and inventory reports, as applicable. Unless such Notice is given by Customer within the time prescribed in this section, Brink’s shall not be liable to Customer for any claims made pursuant to this Agreement and Customer shall be deemed to have expressly waived any such claim .
B. Customer shall maintain a record of all Property placed in a Shipment and shall promptly and diligently assist Brink’s in establishing DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD CITY OF ROSEVILLE Page 3 of 11 Services Agreement (Rev. 2017-08) the identity of any Loss. Customer agrees to mitigate its damages in connection with any Loss . Brink’s and Customer shall fully cooperate in conducting an investigation, and any question of a Loss or the cause thereof, to the extent reasonably possible, shall be resolved by the findings of such investigation.
C. Affirmative written proof of the Loss, subscribed and sworn to by Customer and substantiated by the books, records and accounts of Customer, shall be furnished to Brink’s prior to payment of a claim. Upon payme nt of a claim by Brink’s, Customer hereby assigns to Brink’s all of its right, title and interest in the Property which was the subject of the Loss and all rights of recovery against third parties that are the subject of the claim , to the extent allowed b y law. Customer will execute any documents necessar y to perfect such assignment upon request by Brink’s or Brink’s insurers.
VIII. DEFAULT; REMEDIES; TERMINATION
A. Either party may terminate this Agreement in the event of a material breach of this Agreement (including non-payment) by the other party, provided that such breach continues for a period of thirty (30) days after receipt by the breaching party of written N otice from the non -breaching party specifying the nature of such breach. No written Notice is required if the breach is non-payment of amounts due. If such breach is cured within the applicable cure period, then this Agreement shall continue in full force and effect.
As per the terms of the underlying RFP that Brink’s proposed in response to, Custom er may terminate this and any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended.
IX. MISCELLANEOUS
A. All “Notices” under this Agreement, shall be in writing and shall be deemed given to the other party immediately upon: person al or messenger delivery; proof of transmission date of facsimile transmission; or delivery date of overnight courier or certified mail service. Notice shall be sent to the party at the address shown on the front of this Agreement or to such other address as e ither party may specify by Notice. Notice to Brink ’s, including bankruptcy notifications, shall also be sent to: Brink’s U.S., Attn: Legal Department, 555 Dividend Drive, Coppell, TX 75019.
B. Conflicting terms in SOWs will prevail over terms stated in this Services Agreement. Any pre-printed terms and conditions contained in any purchase order or other similar document used by Customer shall be null and void and have no force or effect in modify ing the terms and conditions of this Agreement.
C. This Agreement governs the rights and responsibilities of Customer and Brink’s. Customer agrees to look only to the provisions of this Agreement for any claim against Brink’s relating to Customer’s Property.
D. Each party agrees to comply with all applicable laws, rules and regulations in the performance of its obligation s hereunder.
E. This Agreement and the Attachments, all as may be amended from time to time, constitute the entire agreement and understanding between Customer and Brink’s with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, express or implied. Except with respect to Rates, this Agreement may only be amended or superseded by a writing signed by the parties. The sole and exclusive remedies for any breach of the terms and provisions of this A greement or any claim or cause of action otherwise arising out of or related to this Agreement shall be those remedies available at law o r in equity for breach of contract only (as such contractual remedies have been further limited or excluded pursuant to the express terms of this Agreement), and neither of the parties hereto, nor other person or entity will have any other entitlement, reme dy or recourse, whether in contract, tort or otherwise.
F. Neither party shall use the other party’s trade name, likeness , trademarks or logo, without the other party’s prior written consent.
G. The failure of either party to require strict adherence to any term of this Agreement will not be deemed a waiver or deprive that party of the right thereafter to insist upon strict ad herence to any term of this Agreement.
H. The illegality or invalidity of any provision of this Agreement shall not affect or invalidate the remainder of the Agreement .
I. The provisions of this Agreement, which by their sense and context are meant to survive ex piration of this Agreement, shall so survive.
J. Customer's performance of its obligations hereunder shall not be excused or relieved by any claims of Customer to a right(s) of abatement, deduction, setoff or recoupment against Brink’s.
K. THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY OF THIS AGREEMENT, THE CONSTRUCTION
OF ITS TERMS AND CONDITIONS, THE INTERPRETATION OF THE RIGHTS AND RELATIONSHIPS OF THE PARTIES
HERETO, INCLUDING BUT NOT LIMITED TO ALL CLAIMS OR CAUSES OF ACTION (WHETHER BROUGHT IN CONTRACT
OR TORT) THAT MAY BE BASED ON, ARISE OUT OF OR RELATE TO THIS AGREEMENT, WITHOUT REGARD TO THE CONFLICTS OF LAWS AND PRINCIPLES THEREOF.
L. If Customer files for protection under any provision of the Bankruptcy Code (11 U.S.C. S. 101, et seq.), Customer shall file among its first day motions a motion seeking authorization to: (1) assume the Brink’s contract, (2) pay Brink’s all amounts due und er the Agreement on an ongoing basis, and (3) pay as a cure claim any past due amounts. Customer acknowledges that the Services are critical to the continued and uninterrupted operation of its business locations and cash flow. Customer shall promptly s eek court authority to treat Brink’s as a critical vendor.
M. To the extent Services include transporta tion, Customer agrees: (a) that none of the provisions of the Carmack Amendment apply to any obligation of Brink’s under this Agreement and (b) Customer shall comply with the Private Express Statutes (United Sta tes Postal Laws and Regulations) in the prepa ration of all Shipments.
N. Customer will not assign this Agreement without the prior written consent of Brink’s.
O. To the extent not prohibited by law, Customer must commence any action, suit, or proceeding for a Loss within twelve (12) months after receipt of the Property into Brink’s possession.
P. This Agreement may be executed in multiple counterparts, each of which will be deemed an original but all of which together w ill constitute one and the same instrument.
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD CITY OF ROSEVILLE Page 4 of 11 Services Agreement (Rev. 2017-08) AGREED AND ACCEPTED:
“CUSTOMER”:
CITY OF ROSEVILLE
“BRINK’S”:
Brink’s U.S., a Division of Brink’s, Incorporated
By:
(Customer Signature)
By:
Name:
Name:
Title:
Title:
By: ________________
Name: ______________________
Title: _________________________________________
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD President, Canada
John Corley
Samantha Rutty
Sr. Vice President, Chief Financial Officer
CITY OF ROSEVILLE Page 5 of 11 Armored Transportation Services SOW (2017-08)
ARMORED TRANSPORTATION SERVICES
STATEMENT OF WORK
AGREEMENT # 9999655630 SOW # 25117
This Armored Transportation Services Statement of Work (the “Armored Transportation SOW”) entered into as of January 1, 2023 (the “Effective Date”), is an Attachment to the Services Agreement by and between CITY OF ROSEVILLE (“Customer”) a nd Brink’s, U.S., a Division of Brink’s, Incorporated (“Brink’s”), dated January 1, 2023 , (the “Agreement”). This Armored Transportation Services SOW and any additional Attachments hereto: (i) are incorporated by reference into the Agreement, (ii) apply only to the Armored Transportation Services and not to products or services covered by any other SOW or Attachment under the Agreement, and (iii) amend and supplement the terms of the Agreement as set forth herein. Capitalized terms not defined herein shall have the same meaning as set forth in the Agreement.
1. DEFINITIONS
A. Armored Transportation Services - Armored transportation of Property and related services to be provided to Customer as described in this SOW.
B. Delivery Location - The location designated by Customer in an Attachment as the place where Brink’s is to deliver Shipments.
C. Fragile Property - Any breakable item, including without limitation, decorative pieces, works of art, and jewelry.
D. Night Depository - A non-ATM receptacle in which Customer’s customers can deposit Property.
E. Pick-Up Location - The location designated by Customer in an Attachment as the place where Brink’s is to receive Shipments, which may include a Night Depository location.
F. Shipment - For purposes of this Armored Transportation SOW, one or more sealed or locked containers of Property received by Brink’s at the same time at a single Pick-Up Location, which are to be delivered to a single Delivery Location.
2. TERM
Armored Transportation Services shall begin on the Effective Date and shall continue for a term of three (3) years following the Effective Date. Thereafter this Armored Transportation SOW shall automatically renew for two (2) successive one (1) year periods (each a “Renewal Term) unless written termination notice is provided by either party at least sixty (60) prior to the expiration of then current term.
3. SCOPE OF SERVICES
A. Brink’s Responsibilities
Brink’s shall: (i) arrive at the Pick -Up Location to collect Shipments; (ii) sign a receipt for Shipments received by Brink’s; (iii) deliver such Shipments to the Delivery Location; and (iv) obtain a receipt for such delivery. Brink’s may return the Shipment to the Pick-Up Location in the event that delivery to the applicable Delivery Location cannot reasonably be made by Brink’s. The Armored Transportation Services will be performed during Brink’s regular business hours as scheduled by Brink’s Facility(ies) performing the Armored Transportation Services, unless otherwise specified herein. In the event of inclement weather or some other irregularity, performance shall be as mutually agreed upon.
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD CITY OF ROSEVILLE Page 6 of 11 Armored Transportation Services SOW (2017-08)
B. Customer’s Responsibilities
(i) Customer shall place all Property to be received by Brink’s in Distinctively and Securely Sealed containers.
(ii) Customer warrants that it shall declare the actual value of each Shipment and in each Distinctively and Securely Sealed container in the Shipment. Customer shall not conceal or misrepresent any material fact or circumstance concerning the Property delivered to Brink’s and agrees, in the event of Loss, to be bound by its declaration of value. (iii) Customer will not include Fragile Property in a Shipment unless specifically agreed to by Brink’s in an Attachment.
4. BRINK’S LIABILITY
A. Subject to the terms of the Agreement, BRINK’S MAXIMUM LIABILITY AMOUNT FOR THE
SERVICES UNDER THIS ARMORED TRANSPORTATION SERVICES SOW SHALL BE $50,000.00 PER SHIPMENT UNLESS OTHERWISE DESIGNATED IN A LOCATIONS ATTACHMENT.
B. Brink’s is not responsible for determining the contents or value of any Shipment.
C. Night Depository (if applicable). Brink’s shall not be liable for any Property contained in a Night Depository. Customer agrees that such Property shall be in Brink’s possession only after Brink’s removes the Property from the Night Depository. Brink’s count of the number of items collected from a Night Depository is binding and conclusive. Brink’s shall not be liable for any unexplained Night Depository shortage. Customer is responsible for assuring that the Night Depository is secure.
5. RATES
Customer agrees to pay the Rates for the Armored Transportation Services as described in Exhibit A.
“CUSTOMER”:
CITY OF ROSEVILLE
“BRINK’S”:
Brink’s U.S., a Division of Brink’s,
Incorporated
By: (Customer Signature) By:
Name:
Name:
Title: Title:
By: ______________________________
Name: ___________________________
Title: ____________________________
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD President, Canada
John Corley
Sr. Vice President, Chief Financial Officer
Samantha Rutty
CITY OF ROSEVILLE Page 7 of 11 Exhibit A – Armored Transportation Services SOW (Rev 2017 -08)
EXHIBIT A
To the ARMORED TRANSPORTATION SERVICES SOW
LOCATIONS & RATES
AGREEMENT # 9999655630 SOW # 25117
This Exhibit A to the Armored Transportation Services SOW, entered into as of January 1, 2023 by and between Brink’s U.S., a Division of Brink’s, Incorporated (“Brink’s”) and CITY OF ROSEVILLE (“Customer”), sets forth the Locations & Rates for armored transportation Services. This Exhibit A and the Armored Transportation Services SOW are Attachme nts to the Services Agreement by and between Customer and Brink’s, dated January 1, 2023 (the “Agreement”) and: (i) are incorporated by reference into the Agreement, (ii) apply only to the Armored Transportation Services and not to product s or services covered by any other SOW or Attachment under the Agreement, and (iii) amend and supplement the terms of the Agreement as set forth herein. Capitalized terms not defined herein shall have the same meaning as set forth in the Agreement.
I. Service Locations
Service Day or Date Liability
(A) Call at: Customer’s locations listed in Section II Service days as shown in Section II Maximum : $50,000.00 Deliver to: Designated local bank Same or following banking day Average : $2,000.00 (B) Call at: Designated local bank At same time as Item A Maximum : $50,000.00 Deliver to: Customer’s locations listed in Section II Next scheduled day Average : $2,000.00
II. Rates
PRICE LIST LOCATION ID SERVICE ADDRESS BRINK’S
FACILITY CONJ FREQ ZONE EZ
CHANGE
SERVICE
DAY(S)
RATE/
MO.
RATE/
TRIP
EXCESS
ITEMS
EXCESS
LIAB EXCESS PREMISES
Price List 001 CORHC 2075 HILLTOP CIR, ROSEVILLE, CA,
95747 -9704 SACRAMENTO No Weekly URB No W F $455.75 10 $50,000 10 minutes - 00:01 - 23:59
Price List 001 CORMD 1550 MAIDU DR, ROSEVILLE, CA,
95661 -4956 SACRAMENTO No Weekly URB No M T W Th
F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 CORMM 1970 JOHNSON RANCH DR,
ROSEVILLE, CA, 95661-3749 SACRAMENTO No Weekly URB No W $239.50 10 $50,000 10 minutes - 00:01 - 23:59
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD
CITY OF ROSEVILLE Page 8 of 11 Exhibit A – Armored Transportation Services SOW (Rev 2017 -08) PRICE LIST LOCATION ID SERVICE ADDRESS BRINK’S
FACILITY CONJ FREQ ZONE EZ
CHANGE
SERVICE
DAY(S)
RATE/
MO.
RATE/
TRIP
EXCESS
ITEMS
EXCESS
LIAB EXCESS PREMISES
Price List 001 CORPG 1545 PLEASANT GROVE BLVD,
ROSEVILLE, CA, 95747-6919 SACRAMENTO No Weekly URB No M T W Th F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 CORPL 10210 FAIRWAY DR, ROSEVILLE,
CA, 95678 -1969 SACRAMENTO No Weekly URB No M T W Th
F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 CORTS 225 TAYLOR ST, ROSEVILLE, CA,
95678 -2626 SACRAMENTO No Weekly URB No M T W Th
F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 CORVH 311 VERNON STREET, ROSEVILLE,
CA, 95678 -2649 SACRAMENTO No Weekly URB No M T W Th
F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 CORVN 316 Vernon St, Roseville, CA,
95678 -2679 SACRAMENTO No Weekly URB No M T W Th
F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001 GRANT 116 116 SOUTH GRANT STREET SUITE
100, ROSEVILLE, CA, 95678-2656 SACRAMENTO No Weekly URB No M T W Th F
$1,089.7
5 10 $50,000 10 minutes - 00:01 -
23:59
Price List 001
Monthly Billed Service
CIT Service Urban Rural Over the Road
1 day a week $239.50 $296.40 $362.05
2 day a week $455.75 $565.90 $691.15
3 day a week $718.20 $807.90 $987.30
4 day a week $957.60 $1,077.20 $1,316.40
5 day a week $1,089.75 $1,346.50 $1,645.50
6 day a week $1,436.40 $1,615.80 $1,974.55
7 day a week $1,675.80 $1,885.10 $2,303.65
Every other Week $132.60 $149.15 $182.25
Once a month $71.85 $80.80 $98.75
Usage Billed Service
Service Description Urban Rural Over the Road
Excess Items $2.00 $2.00 $2.00
Excess Time $3.00 $3.00 $3.00
Holiday Service $45.00 $45.00 $45.00
Unscheduled Service $106.53 $97.00 $119.00
Service Description Urban Rural Over the Road
Emergency Service - Per Hour $150/Hr (0-1)/Hrs $350/Hr (0-2)/Hrs $800/Hr (0-4)/Hrs $150/Hr (1-2)/Hrs $175/Hr (2-3)/Hrs $200/Hr (4-5)/Hrs
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD
CITY OF ROSEVILLE Page 9 of 11 Exhibit A – Armored Transportation Services SOW (Rev 2017 -08) $150/Hr (2-3)/Hrs $175/Hr (3-4)/Hrs $200/Hr (5-6)/Hrs
$150/Hr (3-4)/Hrs $175/Hr (4-5)/Hrs $200/Hr (6-7)/Hrs
$150/Hr (4-5)/Hrs $175/Hr (5-6)/Hrs $200/Hr (7-8)/Hrs
$150/Hr (5-6)/Hrs $175/Hr (6-7)/Hrs $200/Hr (8-9)/Hrs
$150/Hr (6-7)/Hrs $175/Hr (7-8)/Hrs $200/Hr (9-10)/Hrs
$150/Hr (7-8)/Hrs $175/Hr (8-9)/Hrs
$150/Hr (8-9)/Hrs $175/Hr (9-10)/Hrs
$150/Hr (9-10)/Hrs
*Hourly rates are charged for round -trip hours - Portal to Portal
Holiday List
Christmas Day; Columbus Day; Independence Day; Juneteenth; Labor Day; Martin Luther King Day; Memorial Day; New Year's Day; Presidents' Day; Thanksgiving Day; Veterans Day
This Exhibit A is entered into as of January 1, 2023 (the “Effective Date”). This Exhibit A supersedes and replaces any prior Locations or Rates Attachment(s).
AGREED AND ACCEPTED:
“CUSTOMER”:
CITY OF ROSEVILLE
“BRINK’S”:
Brink’s U.S., a Division of Brink’s, Incorporated
By:
(Customer Signature)
By:
Name:
Name:
Title:
Title:
By: __________________________________________
Name: _______________________________________
Title: _________________________________________
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD John Corley
President, Canada
Sr. Vice President, Chief Financial Officer
Samantha Rutty
CITY OF ROSEVILLE Page 10 of 11 Fuel Surcharge Exhibit (2017-08)
FUEL SURCHARGE EXHIBIT
AGREEMENT # 9999655630 SOW # 25117
This Fuel Surcharge Exhibit is incorporated by reference into the Agreement dated January 1, 2023 (and, where applicable, any Attachments thereto) between Brink's U.S., a Division of Brink's, Incorporated ("Brink's") and CITY OF ROSEVILLE ("Customer").
A fuel surcharge will be determined on a monthly basis according to the charts and formula below. T he formula to determine the fuel surcharge is:
Applicable fee(s) for Services requiring/involving transportation for the month x fuel surcharge percentage as set forth in the table below = Total fuel surcharge
The fuel surcharge is based on the Retail On-Highway Diesel Fuel Prices reported by the U.S. Energy Information Administration (eia.doe.gov.), regardless of the fuel type used to perform services for any Customer location.
Notwithstanding the foregoing, the maximum surcharge Brink’s may charge Customer is twenty-five percent (25%).
FUEL PRICE/GAL
Minimum Maximum Surcharge
$0.00 $3.25 10.00%
$3.26 $3.30 10.25%
$3.31 $3.35 10.50%
$3.36 $3.40 10.75%
$3.41 $3.45 11.00%
$3.46 $3.50 11.25%
$3.51 $3.55 11.50%
$3.56 $3.60 11.75%
$3.61 $3.65 12.00%
$3.66 $3.70 12.25%
$3.71 $3.75 12.50%
$3.76 $3.80 12.75%
$3.81 $3.85 13.00%
$3.86 $3.90 13.25%
$3.91 $3.95 13.50%
$3.96 $4.00 13.75%
$4.01 $4.05 14.00%
$4.06 $4.10 14.25%
$4.11 $4.15 14.50%
$4.16 $4.20 14.75%
$4.21 $4.25 15.00%
$4.26 $4.30 15.25%
$4.31 $4.35 15.50%
Minimum Maximum Surcharge
$4.36 $4.40 15.75%
$4.41 $4.45 16.00%
$4.46 $4.50 16.25%
$4.51 $4.55 16.50%
$4.56 $4.60 16.75%
$4.61 $4.65 17.00%
$4.66 $4.70 17.25%
$4.71 $4.75 17.50%
$4.76 $4.80 17.75%
$4.81 $4.85 18.00%
$4.86 $4.90 18.25%
$4.91 $4.95 18.50%
$4.96 $5.00 18.75%
$5.01 $5.05 19.00%
$5.06 $5.10 19.25%
$5.11 $5.15 19.50%
$5.16 $5.20 19.75%
$5.21 $5.25 20.00%
$5.26 $5.30 20.25%
$5.31 $5.35 20.50%
$5.36 $5.40 20.75%
$5.41 $5.45 21.00%
$5.46 $5.50 21.25%
Note: For every additional $.05 increase in fuel price will result in an additional .25% in surcharge.
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD
CITY OF ROSEVILLE Page 11 of 11 Fuel Surcharge Exhibit (2017-08)
DocuSign Envelope ID: 424B8185-2E82-49CB-941A-763F682840AD
COUNCIL COMMUNICATION
CC #:
2467
File #:
0800-04
Title:
Zero Emission Bus Fast Fare Boxes - Sole Source Purchase Order Contact:
Zachary Presley 916-746-1320 [email protected]
Meeting Date: 12/21/2022
Item #: 7.2.
RECOMMENDATION TO COUNCIL
Staff recommends that City Council approve a sole source purchase order to Genfare, LLC in the amount of $220,746.56 for ten (10) Fast fare boxes and upgrades to support Roseville’s new Zero Emission Buses.
BACKGROUND
Roseville Transit currently uses Genfare fare boxes on its existing buses to track fare payments and ridership. Genfare, LLC is the only company that produces Fast fare boxes. To maintain compatibility with Roseville’s bus fleet, Fast fare boxes must be installed in the new Zero Emission buses. The Genfare computerized data collection system, probes, and vaults are all designed to operate with Genfare fare boxes only. The installation of a different type of fare box on our current fleet of buses and/or new buses would require the purchase of a new, separate set of revenue collection equipment. This would include new probes, vaults and a computer data system for the different type of fare boxes. Roseville would also need to invest in the training of staff and outreach to our customers on two different revenue collection systems. The advantage of approving the purchase of ten (10) Fast fare boxes from Genfare is that Roseville Transit will continue to effectively collect revenue, manage, and monitor revenue collection using equipment currently installed on existing buses and at the Corp Yard.
FISCAL IMPACT
This procurement has an estimated cost of $220,746.56 based on quotes obtained by Genfare.
Costs will be split evenly between grant funds awarded to two Alternative Transportation projects 400164 – Commuter Bus Replacement and 700029 – South Placer County Transit Project - Capital. There is no fiscal impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The proposed purchase meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Zachary Presley, Administrative Technician
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Fare box quote
Vault upgrade quote
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5040535
Document Date 10/07/2022
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 10/07/2022
Validity End Date 12/31/2022
Req Ship Date 10/07/2022
Item Material Quantity Price Amount
10 ITEM 10 EA 11,900.00 USD 119,000.00 Fast Fare 36", J1708 Cable /License
Tax 1 EA 922.25 USD 9,222.50
20 D22192-0007 10 EA 4,550.00 USD 45,500.00
S/A TRIM, MAGNETIC-FAST FARE FAREBOX
Tax 1 EA 352.63 USD 3,526.25
30 B31193-0001 10 EA 1,000.00 USD 10,000.00
S/A SMARTCARD READER, FF-FEIG OP
Tax 1 EA 77.50 USD 775.00
40 B28647-0001 10 EA 1,080.82 USD 10,808.20
S/A, BARCODE READER (ODY UPG)
Tax 1 EA 83.76 USD 837.64
50 B31004-0001 10 EA 436.00 USD 4,360.00 KIT, REDPINE DUAL BAND WiFi UPGRADE-FF
Tax 1 EA 33.79 USD 337.90
60 FREIGHT 1 EA 1,000.00 USD 1,000.00 Freight
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:10/07/2022 Sales Representative: Mark Mahon Phone: 847-871-1415
Email: [email protected]
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4999
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5040535
Document Date 10/07/2022
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 10/07/2022
Validity End Date 12/31/2022
Req Ship Date 10/07/2022
----------------------------------------------------
Gross Value: 190,668.20
Total Tax: 14,699.29
Final Amount: 205,367.49
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:10/07/2022 Sales Representative: Mark Mahon Phone: 847-871-1415
Email: [email protected]
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4999
GENFARE STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL. . Unless otherwise agreed in writing by Genfare, the Quotation, these Terms and Conditions of Sale (including the attached Warranty), the Order Acknowledgment (if issued) and the Software License (for any licensed Software), constitute the entire agreement between Genfare and Customer (the "Agreement") and are the exclusive terms and conditions governing the underlying order and shall apply in precedence over any such other terms and conditions, or otherwise under any applicable law. The Software is licensed to Customer under the Genfare Software License in effect at the time of purchase of such Software. Genfare's Services Agreement shall be the sole document governing any Software subscriptions purchased by Customer from Genfare. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER ARE OBJECTED TO BY GENFARE AND SHALL NOT BE EFFECTIVE OR BINDING AS TO GENFARE UNLESS AGREED TO IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GENFARE. Genfare shall sell to Customer, and Customer shall purchase from Genfare, the equipment identified in the Quotation (the "Equipment") and a license to certain software identified in the Quotation or embedded in the Equipment (the "Software") in accordance with the Agreement (the Equipment and Software collectively referred to as the "Products"). Genfare accepts Customer's purchase orders for Products and agrees to deliver the Products to Customer only on the terms of the Agreement.
Genfare's acceptance of Customer's purchase order is expressly made conditional on Customer's assent to the Agreement. No variation of the Agreement shall be binding unless agreed to in writing by authorized representatives of Genfare and Customer. The following provisions of these Terms and Conditions of Sale shall survive termination of the Agreement for whatever reason: Sections 1, 3, 6, 7, 8, 9, 11, 12, 15 and 16.
2. SHIPPING & INSURANCE Genfare shall arrange shipping and insurance and shall bill Customer for the Products with the shipping and insurance costs as separate items, on an invoice ("Invoice"). Subject to other provisions of the Agreement, Genfare shall ship the Products to Customer on the agreed upon Shipping Date.
3. TERMS OF PAYMENT. Genfare may require certain payments to be made prior to delivery of Products or other services. Notwithstanding the preceding sentence, Customer shall pay for all Products, fees, shipping, insurance, and where agreed, all duties and taxes net 30 days from date of Invoice. However, if the parties have agreed that the Products are to be installed by Genfare, Customer shall pay 90% of the total cost of each Product upon shipping of the Product and 10% upon installation of the Product. All services are invoiced at 100%. If Customer fails to pay any Invoice when due, Genfare may, without prejudice to any other remedy, postpone shipments, alter payment terms, terminate the Agreement and charge interest on all overdue amounts at the rate of 1.5% per month compounded monthly (or if less, the maximum rate allowed by law). Upon demand, Customer shall pay all such interest charges and all reasonable collection fees, including reasonable legal expenses.
4. TRANSFER OF TITLE AND RISK OF LOSS; DELIVERY.All products willbe shipped FOB Destination. Risk of loss and title to all Products shall pass to Customer, free of encumbrances, at the time of delivery to Customer's destination.
Genfare will endeavor to meet any estimated or firm delivery dates requested by Customer, but shall not be liable in damages or otherwise, nor shall Customer be relieved of performance under the Agreement, because of failure to meet them.
5. CHANGES TO SPECIFICATIONS. Genfare may, without notice to Customer, make changes to the specifications of the Products which do not materially affect the quality or performance of the Products.
6. ACCEPTANCE, RETURNS AND EXCHANGES. The Products and services shall be deemed accepted, and any attempt by Customer to reject an order or shipment of Products shall be waived and not enforceable, unless: (i) Customer has promptly inspected the Products and services, and written notice from Customer of any defect has been received by Genfare within thirty (30) days following any delivery of Products or performance of services. The return of defective Products is covered by the Warranty as described in Attachment A.
Return/Exchange Procedures. Customer may only return a Product which is not defective if: (a) the Product does not correspond to the Products ordered in the Agreement (a "Return"), or (b) the Product has been ordered in error by the Customer and Genfare has granted written permission to Customer to remedy its mistake by ordering the correct equipment or software and returning the Product (an "Exchange"). The party liable for all shipping, insurance and any other expenses incurred by Customer in returning the Product pursuant to the preceding sentence and for all loss or damage to the Product until received by Genfare, shall be Genfare for Returns and Customer for Exchanges. If Customer returns the Product in accordance with these Procedures in an undamaged condition, in the original configuration and, where appropriate, in the original packing, before the later of: (i) 21 days after the date of the Invoice for that Product; and (ii) the date of substantial completion of installation of the Product by Genfare, Genfare shall: (A) for Returns, issue a credit to Customer for the full Invoice price of the returned Product; or (B) for Exchanges, issue a credit to Customer for the full Invoice price of the returned Product less: (I) a restocking fee of 25% of the Invoice price; and (II) the original shipping and insurance cost as shown on the Invoice. If Customer does not comply with the Procedures in this Section for Returns and Exchanges, Customer shall pay the full amount of the Invoice.
7. CUSTOMER POSTPONEMENT OF SCHEDULED SHIPPING DATE. If Genfare receives a request from Customer to delay the Shipping Date (a) 30 days or more prior to the Shipping Date, Genfare may postpone the Shipping Date and may charge Customer 2% of the net Agreement total for each full or partial month the Shipping Date is delayed or (b) less than 30 days prior to the Shipping Date, Genfare may treat the Agreement as canceled and may bill Customer in accordance with the provisions of Section 8.
8. CANCELLATION. If Customer cancels an Agreement before the Shipping Date, Genfare may charge Customer a cancellation charge calculated by multiplying the following applicable percentage by the Agreement total (as shown on the Quotation/Order Acknowledgment): (a) if cancelled 40 business days or more before Shipping Date, the applicable percentage is 25%, and (b) if cancelled 39 business days or less before Shipping Date, the applicable percentage is 50%. In addition to the applicable percentage charge, if Customer cancels all or part of the order without cause, Customer will reimburse Genfare for (i) Genfare's expenses incurred to fulfil the order through the cancellation date, including, without limitation, materials and labor. If Customer's order includes special order Products or vendor Products, Genfare may also charge, in addition to the other amounts set forth in this Section 8, (A) for special order Products, 100% of the amount shown on the Quotation/Order Acknowledgment for that Product; and (B) for vendor Products, the lesser of 100% of the cost to Genfare of vendor Product; or, if the vendor accepts the return of its Product the restocking charge levied by the vendor. Customer shall pay all cancellation charges within 30 days of receipt of Invoice.
9. FORCE MAJEURE. To the extent that either party is not able to perform an obligation under this Agreement due to fire, flood, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, acts of terrorism, any law or order of any governmental agency, or other cause beyond that party's reasonable control ("Force Majeure"), that party may be excused from such performance so long as such party provides the other party with prompt written notice describing the condition and takes reasonable steps to avoid or remove such causes of nonperformance and promptly continues performance whenever and to the extent such causes are removed.
10. INSTALLATION. If installation is purchased, Customer shall complete all of the action necessary to prepare Customer's premises for the installation of Products prior to the scheduled installation date. If Customer complies with the preceding sentence, Genfare's authorized technicians shall commence the installation of Products on the scheduled installation date. Genfare may invoice Customer for an amount in addition to the installation charge specified on the Quotation/Order Acknowledgment if Genfare incurs additional installation costs as a result of Customer's failure to have the site, other manufacturers' equipment or Products ready for Genfare's technicians on the scheduled installation date.
11. WARRANTY. All Products are covered by Genfare's Standard Warranty as described in Attachment A attached hereto and incorporated herein.
12. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by applicable law, Genfare will not be liable for damages related to any business interruption or loss of profit, increased operating costs, anticipated savings, data, contract, goodwill or the like or for incidental, special, indirect or consequential damages of any nature under any theory of relief, including, without limitation, breach of warranty, breach of contract, tort (including negligence), and strict liability, arising out of or related to Seller'sacts or omissions. Under no circumstances shall Genfare's liability to Customer exceed the contract price for the specific goods and services upon which such liability is based. Any action for breach of contract or otherwise must be commenced within one (1) year after the cause of action has accrued.
13. INDEMNIFICATION. Genfare agrees to indemnify and hold harmless Customer, its elected and appointed officers and employees, from and against any and all claims, demands, defense costs, liability or damages brought by third parties and to the extent arising solely from: (a) personal injury or property damage resulting directly from Genfare's (or Genfare's subcontractors, if any), negligent acts, errors or omissions or willful misconduct or (b) any actual infringement by Genfare of a patent, trademark, copyright, trade secret or other intellectual or proprietary rights regarding the Products (except to the extent resulting from Customer's combination of Genfare's products with other products or services not provided by Genfare). Notwithstanding the foregoing, there shall be no indemnification hereunder by Genfare as to any losses caused by the negligence or fault of Customer or any of its officers, employees or agents. If Customer shall claim indemnification hereunder, Customer shall notify Genfare in writing of the basis for such claim or demand setting forth the nature of the claim or demand in reasonable detail. Genfare agrees to assume the defense of any such claim and to defend the same at Genfare's expense. The parties agree to reasonably cooperate with each other on any such claims. If the Customer desires to participate in the defense, then Customer shall have the right to do so through counsel of its own choosing, provided that Customer will be responsible for all of its costs in so doing.
14. INSURANCE. Genfare shall maintain insurance coverage consistent with its existing programs but shall not name Customer as an additional insured nor will Genfare or its insurers be obligated to waive any rights of subrogation Genfare or such insurers may have against Customer or its affiliates. Genfare shall use commercially reasonable efforts to provide Customer with written notice of cancellation of any applicable policy thirty (30) days prior to the effective cancellation date of such policy, but failure to do so shall impose no obligation or liability upon Genfare or its insurers, agents or representatives. Genfare shall provide Customer with its standard certificate of insurance upon request.
15. NOTICE. All requests, instructions and notices from one party to the other must be in writing and may be given via registered post or facsimile transmission to the address of the parties shown on the Quotation/Order Acknowledgment.
16. MISCELLANEOUS. No waiver by Genfare of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is, or is deemed to be, unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement, and that unenforceability shall not make that provision unenforceable in any other jurisdiction. The rights which accrue to Genfare by virtue of the Agreement shall endure for the benefit of and be binding upon the successors and assigns of Genfare. The Agreement shall be governed by the laws of the State of Illinois, however Genfare may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Products are situated. The United Nations Convention on the Sale of Goods (the Vienna Convention) shall not apply to the Agreement.
ATTACHMENT A- WARRANTY
1. DEFINITIONS
a) Customer shall mean any individual, entity, business, or transit agency that purchases Genfare's goods, services, and/or software. b) Documentation shall mean the manuals, guides, or other applicable materials provided by Genfare to the Customer. c) Equipment shall mean new Genfare supplied equipment, firmware embedded on the Genfare supplied equipment, and spare parts. d) Equipment Operating Instructions means the instructions for use, maintenance, storage, and repair in the applicable Genfare Equipment Manual. e) Equipment Warranty Period shall apply as follows:
i. Equipment:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) twelve (12) months thereafter for equipment purchases; and (z) six (6) months for Equipment repaired during the Warranty Period or the remaining original warranty period if greater than (6) months ii. Genfare's Mid-Life Upgrade and/or Reconditioning Program:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) six (6) months thereafter; and (z) three (3) months for items repaired during the Warranty Period or the remaining original warranty period if greater than three (3) months. iii. Spare Parts:
1. Begins upon delivery of Spare Parts and shall end six (6) months thereafter. f) Genfare Equipment Manual means the manual and/or guides developed by Genfare and made available to a Customer which describe the products, services, and/or software, including proper care and maintenance of such products, services, and/or software.
g) Genfare Service Center shall mean the Genfare repair facility specified by an authorized Genfare representative. h) Hotfix shall mean a single, cumulative package that includes information that is used to address a problem within the Software. i) Services means technical, training, maintenance, or other services performed by Genfare or an authorized Genfare representative. j) Services Warranty Period shall begin upon the completion of the Services and end thirty (30) days thereafter. k) Software means all original and software updates purchases of Genfare supplied software. l) Software Warranty shall mean licensed software, but excludes any warranty provided under an applicable subscription and services agreement purchased by Customer. m) Software Warranty Period shall begin upon the earlier of (a) the date the Software is made available to the Customer for User Acceptance Testing or (b) date the Software is placed in the production and shall end ninety (90) days thereafter.
n) Third Party Purchase Warranty Period shall mean the date on which Customer receives the Equipment from Customer's third party bus manufacturer or other third party vendors and ending twelve (12) months from such date. o) Warranty shall mean all applicable warranties purchased by the Customer under this Agreement. p) Warranty Period shall mean the applicable Equipment Warranty Period, Third Party Purchase Warranty Period, the Software Warranty Period, and the Services Warranty Period.
2. GENERAL TERMS
a) Subject to the provisions of the Equipment Warranty, Genfare warrants that the Equipment shall conform to the specifications in the Genfare documentation in all material respects and that the equipment shall be free from material defects in materials and workmanship.
b) Genfare warrants that the Services and Software shall materially conform to the specifications in the then-current Documentation. c) It is understood that the costs of discovery of the problem associated with any Warranty and, to the extent applicable, the costs associated with the removal and installation of the defective part shall be the responsibility of Customer.
3. RETURN OF EQUIPMENT UNDER WARRANTY
a) If an item of Equipment malfunctions or fails in normal use within the applicable Warranty Period:
b) Customer shall promptly notify Genfare of the problem, the original sales order number, and the serial number, if applicable, of the defective item; i. Genfare shall, at its option, either resolve the problem over the telephone or via email, or provide Customer with a Return Material Authorization ("RMA") to ship the defective item to Genfare; ii. if Genfare provides Customer with an RMA to ship the defective item to Genfare, Customer shall include, in the RMA, a description of the fault. Customer shall, at its cost, properly pack the item to be returned, prepay the insurance and shipping charges, and ship the item to the specified Genfare Service Center with a copy of the RMA; Parts or Equipment damaged during shipment that were not properly packaged are the responsibility of the customer. The return label must include the RMA number with attention to Repair Center. Genfare reserves the right to return items sent to the Genfare Service Center without an RMA and Customer will reimburse Genfare for its costs in returning the items. iii. Genfare shall, at Genfare's option, either repair or replace the returned item. The replacement item may be new or refurbished; if refurbished, it shall be equivalent in operation to new Equipment. If a returned item is replaced by Genfare, the Customer agrees that the returned item shall become the property of Genfare; iv. Genfare shall, at its cost, ship the repaired item or replacement to the Customer. If the Customer has requested express shipping, the Customer shall pay Genfare an expediting fee. c) A failure is defined as a device or component in the Equipment that is inoperative and/or unsuitable for the intended purpose. d) It is understood that Genfare shall be responsible for the costs of all materials and labor, except as provided herein.
4. TECHNICAL ASSISTANCE
During the applicable Warranty Period, Genfare shall provide the Customer with Technical Support via phone or email. All communication is to be routed through Customer Care at 847-871-1231, 847-593-8855, or [email protected]. A case will be created for each inquiry that will be followed through resolution. Technical Support is included throughout the Warranty Period. Customer understands that ongoing Technical Support is the Customer's responsibility and that if a Support Agreement is not secured prior to the expiration of the Warranty Period, Customer is agreeing to support at Genfare's then-current time and materials rates or as otherwise quoted by Genfare.
5. UPDATES
During the applicable Software Warranty Period, Genfare shall, at no charge, provide Customer with non-feature software updates to the version of Software installed at the Customer's location and, if the Equipment is sent to Genfare for Warranty repair, those revision level updates deemed necessary by Genfare. Non-feature software updates and revision level updates do not generally include additional equipment, such as hardware memory, which enables the upgrades to function in the existing Equipment of Customer. Customer may purchase this additional equipment from Genfare. Updates will be provided based on compatibility and based on Genfare's reasonable determination that a Software update will resolve an issue the Customer is experiencing. Genfare reserves the right to provide Customer with a Hotfix to resolve an issue between scheduled releases. Any firmware provided by Genfare to Customer is recommended to be tested in a user acceptance testing environment prior to deployment to Customer's production environment, Genfare's warranty does not cover issues experienced by Customer where Customer deployed firmware to Customer's production environment without first testing in the user acceptance testing environment.
6. DEFAULT AND TERMINATION
Genfare may suspend or immediately terminate this Warranty and all of its performance under this Warranty, upon notification to Customer, if Customer: (a) makes any unauthorized modifications to the Equipment or Software; (b) purchases non-OEM supplied parts during the warranty period (c) does not regularly perform preventative maintenance and is unable to show service records or other documentation reasonably requested by Genfare; (d) uses an unauthorized repair facility; (e) assigns or transfers the Customer's rights or obligations under this Warranty without the prior written consent of Genfare; (f) becomes bankrupt or insolvent, or is put into receivership; or (g) has not paid Genfare all amounts for services, advance replacement parts supplied under this Warranty, or other additional charges within thirty (30) days of receipt of written notice from Genfare. If this Warranty is terminated by Genfare, Customer shall remain liable for all amounts due to Genfare. If Genfare suspends the warranty under Section 6(a), 6(b), 6(c), or 6(g), Customer will have the opportunity to cure and must do so within ninety (90) days of Genfare providing notice to Customer. If Customer does not cure within the allotted period, the warranty will terminate upon expiration of the cure period. To cure, Customer must remedy the default in the manner required by Genfare in Genfare's notice of default to Customer. The term of Customer's Warranty Period will continue to run during any cure period.
7. LIMITATIONS AND QUALIFICATIONS OF WARRANTY
This Warranty does not apply to normal consumable items, items which are replaced in usual and scheduled preventative maintenance such as ball bearings, belts, batteries, cables, gears, rollers etc.(a full listof consumable items can be provided upon request) nor does it apply to any damage, defect or failure caused by:
a) any part of the Equipment or Software having been modified, adapted, transported or relocated by any person other than Genfare personnel, a Genfare authorized service agent or Genfare approved technician without Genfare's prior written consent;
b) improper installation, operation or maintenance by Customer or a third party; c) storage or environmental characteristics which do not conform to the applicable sections of the appropriate Genfare Equipment Manual; d) failure to conform with the Equipment Operating Instructions in the applicable Genfare Equipment Manual or the Minimum System Requirements for the Network Manager or Server (including failure to perform regular backups); e) inaccurate or incomplete information or data supplied or approved by Customer; f) external causes, including external electrical stress or lightning, or use in conjunction with incompatible equipment, unless such use was with Genfare's prior written consent; g) cosmetic damage (including graffiti);
h) accidental damage, negligence, neglect, mishandling, abuse or misuse, other than by Genfare personnel, a Genfare authorized service agent or Genfare approved technician; or i) Force Majeure (as defined in Genfare's Terms and Conditions of Sale); j) Customer implementing a software update without having a User Acceptance Testing environment available prior to implementation of the software update k) Improper or inadequate testing of a software update or release in Customer's User Acceptance Testing environment prior to implementation of such software update or release in Customer's production environment.
8. LIMITATION ON DAMAGES
a) THE WARRANTY STATED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY AND SOLE AND EXCLUSIVE REMEDY FOR THE EQUIPMENT, SOFTWARE, AND/OR SERVICES. GENFARE SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." GENFARE DOES NOT WARRANT THAT: (1) OPERATION OF ANY OF THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE, (2) FUNCTIONS CONTAINED IN THE SERVICES AND SOFTWARE SHALL MEET THE CUSTOMER'S REQUIREMENTS, OR (3) THE SERVICES OR SOFTWARE SHALL OPERATE IN COMBINATION WITH (I) OTHER HARDWARE OR SOFTWARE OTHER THAN HARDWARE AND SOFTWARE EXPRESSLY APPROVED OR RECOMMEND BY
GENFARE IN WRITING, OR (II) UNSUPPORTED VERSIONS OF THE SOFTWARE b) EXCEPT AS OTHERWISE EXPRESSLY AGREED BY THE PARTIES, GENFARE SHALL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. GENFARE'S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH THE EQUIPMENT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT. c) EVEN IF GENFARE HAS BEEN ADVISED OF THE POSSIBILITY OF THEM, GENFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5040533
Document Date 10/07/2022
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 10/07/2022
Validity End Date 12/31/2022
Req Ship Date 10/07/2022
Item Material Quantity Price Amount
10 C00133-0008 2 EA 2,182.95 USD 4,365.90
S/A DATA PROBE
Tax 1 EA 169.18 USD 338.35
20 A28762-0002 1 EA 2,749.95 USD 2,749.95 KIT, CBID V2 & E-TIMER-RECEIVR MECHANISM
Tax 1 EA 213.13 USD 213.13
30 D28118-0002 1 EA 3,196.15 USD 3,196.15 S/A CONTROLLER, ID (V2)
Tax 1 EA 247.70 USD 247.70
40 C01620-0001 1 EA 134.24 USD 134.24
S/A, I/O CABLE-DATA SYSTEM
Tax 1 EA 10.40 USD 10.40
50 TS-0281 1 EA 300.00 USD 300.00 Software configuration for mixed fleet
Tax 1 EA 23.25 USD 23.25
Modify J1708 settings for existing customer. Check with TS Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:10/07/2022 Sales Representative: Mark Mahon Phone: 847-871-1415
Email: [email protected]
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4999
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5040533
Document Date 10/07/2022
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 10/07/2022
Validity End Date 12/31/2022
Req Ship Date 10/07/2022
Item Material Quantity Price Amount
60 INSTALL 1 EA 3,500.00 USD 3,500.00 Install
70 FREIGHT 1 EA 300.00 USD 300.00 Freight
----------------------------------------------------
Gross Value: 14,546.24
Total Tax: 832.83
Final Amount: 15,379.07
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:10/07/2022 Sales Representative: Mark Mahon Phone: 847-871-1415
Email: [email protected]
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4999
GENFARE STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL. . Unless otherwise agreed in writing by Genfare, the Quotation, these Terms and Conditions of Sale (including the attached Warranty), the Order Acknowledgment (if issued) and the Software License (for any licensed Software), constitute the entire agreement between Genfare and Customer (the "Agreement") and are the exclusive terms and conditions governing the underlying order and shall apply in precedence over any such other terms and conditions, or otherwise under any applicable law. The Software is licensed to Customer under the Genfare Software License in effect at the time of purchase of such Software. Genfare's Services Agreement shall be the sole document governing any Software subscriptions purchased by Customer from Genfare. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER ARE OBJECTED TO BY GENFARE AND SHALL NOT BE EFFECTIVE OR BINDING AS TO GENFARE UNLESS AGREED TO IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GENFARE. Genfare shall sell to Customer, and Customer shall purchase from Genfare, the equipment identified in the Quotation (the "Equipment") and a license to certain software identified in the Quotation or embedded in the Equipment (the "Software") in accordance with the Agreement (the Equipment and Software collectively referred to as the "Products"). Genfare accepts Customer's purchase orders for Products and agrees to deliver the Products to Customer only on the terms of the Agreement.
Genfare's acceptance of Customer's purchase order is expressly made conditional on Customer's assent to the Agreement. No variation of the Agreement shall be binding unless agreed to in writing by authorized representatives of Genfare and Customer. The following provisions of these Terms and Conditions of Sale shall survive termination of the Agreement for whatever reason: Sections 1, 3, 6, 7, 8, 9, 11, 12, 15 and 16.
2. SHIPPING & INSURANCE Genfare shall arrange shipping and insurance and shall bill Customer for the Products with the shipping and insurance costs as separate items, on an invoice ("Invoice"). Subject to other provisions of the Agreement, Genfare shall ship the Products to Customer on the agreed upon Shipping Date.
3. TERMS OF PAYMENT. Genfare may require certain payments to be made prior to delivery of Products or other services. Notwithstanding the preceding sentence, Customer shall pay for all Products, fees, shipping, insurance, and where agreed, all duties and taxes net 30 days from date of Invoice. However, if the parties have agreed that the Products are to be installed by Genfare, Customer shall pay 90% of the total cost of each Product upon shipping of the Product and 10% upon installation of the Product. All services are invoiced at 100%. If Customer fails to pay any Invoice when due, Genfare may, without prejudice to any other remedy, postpone shipments, alter payment terms, terminate the Agreement and charge interest on all overdue amounts at the rate of 1.5% per month compounded monthly (or if less, the maximum rate allowed by law). Upon demand, Customer shall pay all such interest charges and all reasonable collection fees, including reasonable legal expenses.
4. TRANSFER OF TITLE AND RISK OF LOSS; DELIVERY.All products willbe shipped FOB Destination. Risk of loss and title to all Products shall pass to Customer, free of encumbrances, at the time of delivery to Customer's destination.
Genfare will endeavor to meet any estimated or firm delivery dates requested by Customer, but shall not be liable in damages or otherwise, nor shall Customer be relieved of performance under the Agreement, because of failure to meet them.
5. CHANGES TO SPECIFICATIONS. Genfare may, without notice to Customer, make changes to the specifications of the Products which do not materially affect the quality or performance of the Products.
6. ACCEPTANCE, RETURNS AND EXCHANGES. The Products and services shall be deemed accepted, and any attempt by Customer to reject an order or shipment of Products shall be waived and not enforceable, unless: (i) Customer has promptly inspected the Products and services, and written notice from Customer of any defect has been received by Genfare within thirty (30) days following any delivery of Products or performance of services. The return of defective Products is covered by the Warranty as described in Attachment A.
Return/Exchange Procedures. Customer may only return a Product which is not defective if: (a) the Product does not correspond to the Products ordered in the Agreement (a "Return"), or (b) the Product has been ordered in error by the Customer and Genfare has granted written permission to Customer to remedy its mistake by ordering the correct equipment or software and returning the Product (an "Exchange"). The party liable for all shipping, insurance and any other expenses incurred by Customer in returning the Product pursuant to the preceding sentence and for all loss or damage to the Product until received by Genfare, shall be Genfare for Returns and Customer for Exchanges. If Customer returns the Product in accordance with these Procedures in an undamaged condition, in the original configuration and, where appropriate, in the original packing, before the later of: (i) 21 days after the date of the Invoice for that Product; and (ii) the date of substantial completion of installation of the Product by Genfare, Genfare shall: (A) for Returns, issue a credit to Customer for the full Invoice price of the returned Product; or (B) for Exchanges, issue a credit to Customer for the full Invoice price of the returned Product less: (I) a restocking fee of 25% of the Invoice price; and (II) the original shipping and insurance cost as shown on the Invoice. If Customer does not comply with the Procedures in this Section for Returns and Exchanges, Customer shall pay the full amount of the Invoice.
7. CUSTOMER POSTPONEMENT OF SCHEDULED SHIPPING DATE. If Genfare receives a request from Customer to delay the Shipping Date (a) 30 days or more prior to the Shipping Date, Genfare may postpone the Shipping Date and may charge Customer 2% of the net Agreement total for each full or partial month the Shipping Date is delayed or (b) less than 30 days prior to the Shipping Date, Genfare may treat the Agreement as canceled and may bill Customer in accordance with the provisions of Section 8.
8. CANCELLATION. If Customer cancels an Agreement before the Shipping Date, Genfare may charge Customer a cancellation charge calculated by multiplying the following applicable percentage by the Agreement total (as shown on the Quotation/Order Acknowledgment): (a) if cancelled 40 business days or more before Shipping Date, the applicable percentage is 25%, and (b) if cancelled 39 business days or less before Shipping Date, the applicable percentage is 50%. In addition to the applicable percentage charge, if Customer cancels all or part of the order without cause, Customer will reimburse Genfare for (i) Genfare's expenses incurred to fulfil the order through the cancellation date, including, without limitation, materials and labor. If Customer's order includes special order Products or vendor Products, Genfare may also charge, in addition to the other amounts set forth in this Section 8, (A) for special order Products, 100% of the amount shown on the Quotation/Order Acknowledgment for that Product; and (B) for vendor Products, the lesser of 100% of the cost to Genfare of vendor Product; or, if the vendor accepts the return of its Product the restocking charge levied by the vendor. Customer shall pay all cancellation charges within 30 days of receipt of Invoice.
9. FORCE MAJEURE. To the extent that either party is not able to perform an obligation under this Agreement due to fire, flood, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, acts of terrorism, any law or order of any governmental agency, or other cause beyond that party's reasonable control ("Force Majeure"), that party may be excused from such performance so long as such party provides the other party with prompt written notice describing the condition and takes reasonable steps to avoid or remove such causes of nonperformance and promptly continues performance whenever and to the extent such causes are removed.
10. INSTALLATION. If installation is purchased, Customer shall complete all of the action necessary to prepare Customer's premises for the installation of Products prior to the scheduled installation date. If Customer complies with the preceding sentence, Genfare's authorized technicians shall commence the installation of Products on the scheduled installation date. Genfare may invoice Customer for an amount in addition to the installation charge specified on the Quotation/Order Acknowledgment if Genfare incurs additional installation costs as a result of Customer's failure to have the site, other manufacturers' equipment or Products ready for Genfare's technicians on the scheduled installation date.
11. WARRANTY. All Products are covered by Genfare's Standard Warranty as described in Attachment A attached hereto and incorporated herein.
12. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by applicable law, Genfare will not be liable for damages related to any business interruption or loss of profit, increased operating costs, anticipated savings, data, contract, goodwill or the like or for incidental, special, indirect or consequential damages of any nature under any theory of relief, including, without limitation, breach of warranty, breach of contract, tort (including negligence), and strict liability, arising out of or related to Seller'sacts or omissions. Under no circumstances shall Genfare's liability to Customer exceed the contract price for the specific goods and services upon which such liability is based. Any action for breach of contract or otherwise must be commenced within one (1) year after the cause of action has accrued.
13. INDEMNIFICATION. Genfare agrees to indemnify and hold harmless Customer, its elected and appointed officers and employees, from and against any and all claims, demands, defense costs, liability or damages brought by third parties and to the extent arising solely from: (a) personal injury or property damage resulting directly from Genfare's (or Genfare's subcontractors, if any), negligent acts, errors or omissions or willful misconduct or (b) any actual infringement by Genfare of a patent, trademark, copyright, trade secret or other intellectual or proprietary rights regarding the Products (except to the extent resulting from Customer's combination of Genfare's products with other products or services not provided by Genfare). Notwithstanding the foregoing, there shall be no indemnification hereunder by Genfare as to any losses caused by the negligence or fault of Customer or any of its officers, employees or agents. If Customer shall claim indemnification hereunder, Customer shall notify Genfare in writing of the basis for such claim or demand setting forth the nature of the claim or demand in reasonable detail. Genfare agrees to assume the defense of any such claim and to defend the same at Genfare's expense. The parties agree to reasonably cooperate with each other on any such claims. If the Customer desires to participate in the defense, then Customer shall have the right to do so through counsel of its own choosing, provided that Customer will be responsible for all of its costs in so doing.
14. INSURANCE. Genfare shall maintain insurance coverage consistent with its existing programs but shall not name Customer as an additional insured nor will Genfare or its insurers be obligated to waive any rights of subrogation Genfare or such insurers may have against Customer or its affiliates. Genfare shall use commercially reasonable efforts to provide Customer with written notice of cancellation of any applicable policy thirty (30) days prior to the effective cancellation date of such policy, but failure to do so shall impose no obligation or liability upon Genfare or its insurers, agents or representatives. Genfare shall provide Customer with its standard certificate of insurance upon request.
15. NOTICE. All requests, instructions and notices from one party to the other must be in writing and may be given via registered post or facsimile transmission to the address of the parties shown on the Quotation/Order Acknowledgment.
16. MISCELLANEOUS. No waiver by Genfare of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is, or is deemed to be, unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement, and that unenforceability shall not make that provision unenforceable in any other jurisdiction. The rights which accrue to Genfare by virtue of the Agreement shall endure for the benefit of and be binding upon the successors and assigns of Genfare. The Agreement shall be governed by the laws of the State of Illinois, however Genfare may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Products are situated. The United Nations Convention on the Sale of Goods (the Vienna Convention) shall not apply to the Agreement.
ATTACHMENT A- WARRANTY
1. DEFINITIONS
a) Customer shall mean any individual, entity, business, or transit agency that purchases Genfare's goods, services, and/or software. b) Documentation shall mean the manuals, guides, or other applicable materials provided by Genfare to the Customer. c) Equipment shall mean new Genfare supplied equipment, firmware embedded on the Genfare supplied equipment, and spare parts. d) Equipment Operating Instructions means the instructions for use, maintenance, storage, and repair in the applicable Genfare Equipment Manual. e) Equipment Warranty Period shall apply as follows:
i. Equipment:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) twelve (12) months thereafter for equipment purchases; and (z) six (6) months for Equipment repaired during the Warranty Period or the remaining original warranty period if greater than (6) months ii. Genfare's Mid-Life Upgrade and/or Reconditioning Program:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) six (6) months thereafter; and (z) three (3) months for items repaired during the Warranty Period or the remaining original warranty period if greater than three (3) months. iii. Spare Parts:
1. Begins upon delivery of Spare Parts and shall end six (6) months thereafter. f) Genfare Equipment Manual means the manual and/or guides developed by Genfare and made available to a Customer which describe the products, services, and/or software, including proper care and maintenance of such products, services, and/or software.
g) Genfare Service Center shall mean the Genfare repair facility specified by an authorized Genfare representative. h) Hotfix shall mean a single, cumulative package that includes information that is used to address a problem within the Software. i) Services means technical, training, maintenance, or other services performed by Genfare or an authorized Genfare representative. j) Services Warranty Period shall begin upon the completion of the Services and end thirty (30) days thereafter. k) Software means all original and software updates purchases of Genfare supplied software. l) Software Warranty shall mean licensed software, but excludes any warranty provided under an applicable subscription and services agreement purchased by Customer. m) Software Warranty Period shall begin upon the earlier of (a) the date the Software is made available to the Customer for User Acceptance Testing or (b) date the Software is placed in the production and shall end ninety (90) days thereafter.
n) Third Party Purchase Warranty Period shall mean the date on which Customer receives the Equipment from Customer's third party bus manufacturer or other third party vendors and ending twelve (12) months from such date. o) Warranty shall mean all applicable warranties purchased by the Customer under this Agreement. p) Warranty Period shall mean the applicable Equipment Warranty Period, Third Party Purchase Warranty Period, the Software Warranty Period, and the Services Warranty Period.
2. GENERAL TERMS
a) Subject to the provisions of the Equipment Warranty, Genfare warrants that the Equipment shall conform to the specifications in the Genfare documentation in all material respects and that the equipment shall be free from material defects in materials and workmanship.
b) Genfare warrants that the Services and Software shall materially conform to the specifications in the then-current Documentation. c) It is understood that the costs of discovery of the problem associated with any Warranty and, to the extent applicable, the costs associated with the removal and installation of the defective part shall be the responsibility of Customer.
3. RETURN OF EQUIPMENT UNDER WARRANTY
a) If an item of Equipment malfunctions or fails in normal use within the applicable Warranty Period:
b) Customer shall promptly notify Genfare of the problem, the original sales order number, and the serial number, if applicable, of the defective item; i. Genfare shall, at its option, either resolve the problem over the telephone or via email, or provide Customer with a Return Material Authorization ("RMA") to ship the defective item to Genfare; ii. if Genfare provides Customer with an RMA to ship the defective item to Genfare, Customer shall include, in the RMA, a description of the fault. Customer shall, at its cost, properly pack the item to be returned, prepay the insurance and shipping charges, and ship the item to the specified Genfare Service Center with a copy of the RMA; Parts or Equipment damaged during shipment that were not properly packaged are the responsibility of the customer. The return label must include the RMA number with attention to Repair Center. Genfare reserves the right to return items sent to the Genfare Service Center without an RMA and Customer will reimburse Genfare for its costs in returning the items. iii. Genfare shall, at Genfare's option, either repair or replace the returned item. The replacement item may be new or refurbished; if refurbished, it shall be equivalent in operation to new Equipment. If a returned item is replaced by Genfare, the Customer agrees that the returned item shall become the property of Genfare; iv. Genfare shall, at its cost, ship the repaired item or replacement to the Customer. If the Customer has requested express shipping, the Customer shall pay Genfare an expediting fee. c) A failure is defined as a device or component in the Equipment that is inoperative and/or unsuitable for the intended purpose. d) It is understood that Genfare shall be responsible for the costs of all materials and labor, except as provided herein.
4. TECHNICAL ASSISTANCE
During the applicable Warranty Period, Genfare shall provide the Customer with Technical Support via phone or email. All communication is to be routed through Customer Care at 847-871-1231, 847-593-8855, or [email protected]. A case will be created for each inquiry that will be followed through resolution. Technical Support is included throughout the Warranty Period. Customer understands that ongoing Technical Support is the Customer's responsibility and that if a Support Agreement is not secured prior to the expiration of the Warranty Period, Customer is agreeing to support at Genfare's then-current time and materials rates or as otherwise quoted by Genfare.
5. UPDATES
During the applicable Software Warranty Period, Genfare shall, at no charge, provide Customer with non-feature software updates to the version of Software installed at the Customer's location and, if the Equipment is sent to Genfare for Warranty repair, those revision level updates deemed necessary by Genfare. Non-feature software updates and revision level updates do not generally include additional equipment, such as hardware memory, which enables the upgrades to function in the existing Equipment of Customer. Customer may purchase this additional equipment from Genfare. Updates will be provided based on compatibility and based on Genfare's reasonable determination that a Software update will resolve an issue the Customer is experiencing. Genfare reserves the right to provide Customer with a Hotfix to resolve an issue between scheduled releases. Any firmware provided by Genfare to Customer is recommended to be tested in a user acceptance testing environment prior to deployment to Customer's production environment, Genfare's warranty does not cover issues experienced by Customer where Customer deployed firmware to Customer's production environment without first testing in the user acceptance testing environment.
6. DEFAULT AND TERMINATION
Genfare may suspend or immediately terminate this Warranty and all of its performance under this Warranty, upon notification to Customer, if Customer: (a) makes any unauthorized modifications to the Equipment or Software; (b) purchases non-OEM supplied parts during the warranty period (c) does not regularly perform preventative maintenance and is unable to show service records or other documentation reasonably requested by Genfare; (d) uses an unauthorized repair facility; (e) assigns or transfers the Customer's rights or obligations under this Warranty without the prior written consent of Genfare; (f) becomes bankrupt or insolvent, or is put into receivership; or (g) has not paid Genfare all amounts for services, advance replacement parts supplied under this Warranty, or other additional charges within thirty (30) days of receipt of written notice from Genfare. If this Warranty is terminated by Genfare, Customer shall remain liable for all amounts due to Genfare. If Genfare suspends the warranty under Section 6(a), 6(b), 6(c), or 6(g), Customer will have the opportunity to cure and must do so within ninety (90) days of Genfare providing notice to Customer. If Customer does not cure within the allotted period, the warranty will terminate upon expiration of the cure period. To cure, Customer must remedy the default in the manner required by Genfare in Genfare's notice of default to Customer. The term of Customer's Warranty Period will continue to run during any cure period.
7. LIMITATIONS AND QUALIFICATIONS OF WARRANTY
This Warranty does not apply to normal consumable items, items which are replaced in usual and scheduled preventative maintenance such as ball bearings, belts, batteries, cables, gears, rollers etc.(a full listof consumable items can be provided upon request) nor does it apply to any damage, defect or failure caused by:
a) any part of the Equipment or Software having been modified, adapted, transported or relocated by any person other than Genfare personnel, a Genfare authorized service agent or Genfare approved technician without Genfare's prior written consent;
b) improper installation, operation or maintenance by Customer or a third party; c) storage or environmental characteristics which do not conform to the applicable sections of the appropriate Genfare Equipment Manual; d) failure to conform with the Equipment Operating Instructions in the applicable Genfare Equipment Manual or the Minimum System Requirements for the Network Manager or Server (including failure to perform regular backups); e) inaccurate or incomplete information or data supplied or approved by Customer; f) external causes, including external electrical stress or lightning, or use in conjunction with incompatible equipment, unless such use was with Genfare's prior written consent; g) cosmetic damage (including graffiti);
h) accidental damage, negligence, neglect, mishandling, abuse or misuse, other than by Genfare personnel, a Genfare authorized service agent or Genfare approved technician; or i) Force Majeure (as defined in Genfare's Terms and Conditions of Sale); j) Customer implementing a software update without having a User Acceptance Testing environment available prior to implementation of the software update k) Improper or inadequate testing of a software update or release in Customer's User Acceptance Testing environment prior to implementation of such software update or release in Customer's production environment.
8. LIMITATION ON DAMAGES
a) THE WARRANTY STATED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY AND SOLE AND EXCLUSIVE REMEDY FOR THE EQUIPMENT, SOFTWARE, AND/OR SERVICES. GENFARE SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." GENFARE DOES NOT WARRANT THAT: (1) OPERATION OF ANY OF THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE, (2) FUNCTIONS CONTAINED IN THE SERVICES AND SOFTWARE SHALL MEET THE CUSTOMER'S REQUIREMENTS, OR (3) THE SERVICES OR SOFTWARE SHALL OPERATE IN COMBINATION WITH (I) OTHER HARDWARE OR SOFTWARE OTHER THAN HARDWARE AND SOFTWARE EXPRESSLY APPROVED OR RECOMMEND BY
GENFARE IN WRITING, OR (II) UNSUPPORTED VERSIONS OF THE SOFTWARE b) EXCEPT AS OTHERWISE EXPRESSLY AGREED BY THE PARTIES, GENFARE SHALL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. GENFARE'S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH THE EQUIPMENT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT. c) EVEN IF GENFARE HAS BEEN ADVISED OF THE POSSIBILITY OF THEM, GENFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
COUNCIL COMMUNICATION
CC #:
2460
File #:
0203-09
Title:
Campus Oaks and Misty Wood Aquifer Storage and Recovery Well Drilling - Approval of Construction Plans and Specifications and Authorization to Call for Bids Contact:
Janice Gainey 916-774-5535 [email protected]
Meeting Date: 12/21/2022
Item #: 7.3.
RECOMMENDATION TO COUNCIL
Staff recommends that City Council:
.
1 .
Approve the project’s construction plans and specifications. 2 .
Authorize staff to advertise the project and accept bids from prospective drilling contractors.
BACKGROUND
The City is actively implementing the Aquifer Storage and Recovery (ASR) Program, which involves construction of ASR wells capable of both water injection and groundwater extraction.
The next two wells for development are the Campus Oaks (well 13) and Misty Wood (well 19) ASR wells.
The project’s development is planned in stages as follows.
Spring 2023: Construct the down-hole portions of the wells (drilling) Spring through summer of 2023: Conduct well development, testing, and water quality analysis and advance the design of above-ground facilities Fall 2023: Finalize above-ground plans and specifications and issue Request for Proposals to construct remaining facilities
Spring 2024 through summer 2025: Construct above-ground site facilities and conduct startup
The well designs and specifications are ready to be released for drilling contractor bids and are included as part of this agenda package.
FISCAL IMPACT
Staff intends to return to Council for award of the contract and a budget adjustment to establish and fund the project in the Water Construction Fund.
ENVIRONMENTAL REVIEW
Project level CEQA compliance for the Campus Oaks ASR well project was accomplished with the preparation of the Hewlett Packard Master Plan EIR and subsequent CEQA addendums for the Campus Oaks Master Plan (SCH No.1995112022). Additionally, both proposed well sites were evaluated in the Aquifer Storage and Recovery (ASR) Program Draft and Final EIR certified in 2012 (SCH 2009072018), and the Supplement to the ASR Final EIR (certified December 17, 2020). Because the action is consistent with the projects evaluated in the previously certified and adopted CEQA documents, no new affects would be expected to occur and all applicable mitigation measures from the CEQA documents will be implemented. As such, no additional CEQA action is required at this time.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Janice Gainey, Senior Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Campus Oaks and Misty Woods Well Drilling Manual
Well Drawings Misty Woods and Campus Oaks
City of Roseville California RFP#08-108 TOC-1
Well Drilling – Misty Wood (Well 13) and Campul Oaks (Well 19) [B:\EU\EU-PROJECTS\WATER UTILITY\WATER_CIP\ASR Wells Project (500155 & 500157)\6. Campus Oaks - Misty Woods (500315)\Procurement\RFP for Well Drilling\Project Manual_28Nov2022.docx; 9/8/22]
Buildings & Grounds
Project Manual
Project:
Aquifer Storage and Recovery Well Drilling
Campus Oaks (Well 13) and Misty Wood (Well 19)
Department:
Environmental Utilities
City of Roseville California RFP#08-108 TOC-i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PROJECT MANUAL
TABLE OF CONTENTS
NOTICE TO CONTRACTORS NTC
1-5
INSTRUCTIONS TO BIDDERS INT
Section 1: General 1
Section 2: Bid Requirements 3
Section 3: Evaluation of Bids 9
Section 4: Award and Execution of Contract 11
Section 4: Bid Protest Procedures 14
PROPOSAL PROP
Proposal to the Department of Environmental Utilities 1 Statement of Qualifications and Experience 6
Designation of Subcontractors 7
Security for Compensation Certificate 8
Bidder’s Bond 9
Schedule of Bid Items 12
Noncollusion Affidavit 13
Disqualification Questionnaire 14
Acknowledgement of Insurance and Bond Requirements 15
Disclaimer of Warranties and Accuracy of Data 16
AGREEMENT AGR
1-7
INSURANCE INS
Table of Contents for Insurance Information Packet i
Notice to Contractor 1
Notice to Insurance Broker 2
Insurance Requirements 3
Faithful Performance Bond 10
Labor and Materials Payment Bond 15
GENERAL CONDITIONS GC
City of Roseville California RFP#08-108 TOC-ii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Table of Contents for General Conditions i-iv
Section 1: Definitions and Terms 1:1
Section 2: Control and Scope of Work 2:1
Section 3: Changes in the Work 3:
Section 4: Control of Materials 4:1
Section 5: Legal Relations and Responsibility 5:1
Section 6: Prosecutions and Progress 6:1
Section 7: Acceptance and Payment 7:1
TEXT OF AB 626 AB 626
1-9
SUPPLEMENTAL CONDITIONS: SC
Table of Contents for Supplemental Conditions i
Scope of Supplemental Conditions 1
Section 1: Definitions and Terms 2
Section 2: Control and Scope of Work 3
Section 3: Changes in the Work 4
Section 4: Control of Materials 5
Section 5: Legal Relations and Responsibility 6
Section 6: Prosecutions and Progress 7
Section 7: Acceptance and Payment 8
SPECIAL PROVISIONS SP
Table of Contents for Special Provisions i
Section 1: American Iron and Steel Requirement 1:1
Section 2: Governor’s Executive Order N-6-22 (EO) 2
SPECIFICATIONS for CONSTRUCTION (PREPARED BY LSCE) SPEC Cover Sheet i
Table of Contents for Technical Specifications ii
Section 1: General 1
Section 2: Well Construction Materials 9
Section 3: Well Construction and Testing 12
Section 4: Measurement and Payment 29
DRAWINGS (PREPARED BY LSCE) SHEET
Title Sheet 1
Site Map 2
Misty Wood 3
City of Roseville California RFP#08-108 TOC-iii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Campus Oaks 4
Standard Construction Details I 5
Standard Construction Details II 6
City of Roseville California RFP#08-108 NTC - 1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
CITY OF ROSEVILLE
DEPARTMENT OF ENVIRONMENTAL UTILITIES
AQUIFER STORAGE AND RECOVERY WELL DRILLING
CAMPUS OAKS (WELL 13) AND MISTY WOOD (WELL 19)
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT sealed Proposals will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until Monday February 6, 2023 at 3:00 p.m. Late Proposals will be rejected. No exceptions.
The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on Monday February 6, 2023 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: Aquifer Storage and Recovery Well Drilling -Campus Oaks (Well 13) And Misty Wood (Well 19).
An optional pre-bid meeting will be held at 2005 Hilltop Circle Roseville, CA 95747 at 10am on Thursday January 12, 2023.
A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be obtained on-line from the City of Roseville’s website at www.roseville.ca.us/business/procurement_services/bids_rfps or directly at www.publicpurchase.com. All communications relative to this project shall be conducted through Public Purchase.
Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as follows:
City of Roseville California RFP#08-108 NTC - 2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.
Each bid must be accompanied by a Bid Guaranty in the form of a Certificate of Deposit, Certified or Cashier’s Check, Bidder’s Bond or Irrevocable Standby Letter of Credit in an amount equal to at least ten percent (10%) of the Bidder’s Grand Total Price. The Bid Guaranty will be retained by the City and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. The City intends to award the Contract to the lowest responsible Bidder based on the Grand Total Bid Price for all components of the Project.
To the extent allowed by law, the City reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. The City specifically reserves the right to not award the Contract after the opening of bids.
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for RFP # 08-108
Aquifer Storage and Recovery Well Drilling
Campus Oaks (Well 13) and Misty Wood (Well 19)
(Name of Bidder)
(Address of Bidder)
City of Roseville California RFP#08-108 NTC - 3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.
Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.
The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status in the award and administration of contracts that it awards.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.
The City has determined that the Contractor shall possess a valid Class C-57 Well Drilling Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.
The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of
City of Roseville California RFP#08-108 NTC - 4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.
Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 or exempt from registration requirements pursuant to Labor Code Section 1725.5(f). It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform work pursuant to Labor Code Section 1725.5 at the time the contract is awarded or is exempt from registration requirements pursuant to Labor Code Section 1725.5(f). The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
All questions prior to the deadline for bid submissions must be submitted via the Public Purchase website at https://www.publicpurchase.com
. The deadline for submissions of questions
and clarifications regarding the Contract Documents is ten (10) calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding.
City of Roseville California RFP#08-108 NTC - 5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
City of Roseville California RFP#08-108 INT - 1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSTRUCTIONS TO BIDDERS
SECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in the General Conditions Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.
The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site
City of Roseville California RFP#08-108 INT - 2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, and reviewed all available supplemental materials.. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records, if they exist, have been uploaded to the Public Purchase website for this RFP as “supplemental materials”. The supplemental materials are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor.
The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.
No information derived from such inspection of records of investigations or compilation thereof made by the City, the Department or from the Engineer, or his or her assistants, will in any way relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Contract.
City of Roseville California RFP#08-108 INT - 3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms (included in this document under section PROP), which, when filled out and executed may be submitted as the bid. Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder. Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.
The Proposal and one (1) copy thereof shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a Proposal, and identifying the project to which the Proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.
The Bidder shall sign the Proposal in the blank space provided therefor. If the Bidder is the sole owner, the Proposal shall be signed by the owner. If the Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Proposal shall be signed by at least two officers authorized to sign contracts on behalf of the corporation.
If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the
City of Roseville California RFP#08-108 INT - 4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.
No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of one- half of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.
City of Roseville California RFP#08-108 INT - 5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.
All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.
All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2-1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP- 11).
2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any
City of Roseville California RFP#08-108 INT - 6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.
A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2-1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
Unit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.
The City may correct any mathematical errors apparent on the face of the bid.
The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.
Amounts for Allowance bid items must be entered in the exact amount in the Amount column.
City of Roseville California RFP#08-108 INT - 7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The prices included within the Schedule of Bid Prices shall include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.
The Grand Total Bid Price shall be indicated in the Summary table form included with the Schedule of Bid Prices. The Grand Total Bid Price shall be the sum of the amounts bid for each of the designated portions of the Work, as more specifically described on the Schedule of Bid Prices form itself.
Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the General Conditions, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.
Full compensation for completion of all work as shown on the plans, as specified in the Specifications, and as directed by the City, shall be considered included in the bid items and no additional compensation shall be allowed.
Bidders are strongly discouraged from submitting unbalanced bids. As used herein, the term “unbalanced bid” is defined as any bid that does not include a reasonable proportionate allocation of indirect costs and profit of each bid item indicated in the Schedule of Bid Prices.
The City reserves the right to reject any unbalanced bid if the City determines that there is a reasonable doubt that an acceptance of the bid will not result in the lowest ultimate cost to the City with regard to the work or a disproportionate distribution of contract funds.
The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work
City of Roseville California RFP#08-108 INT - 8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] under a bid item will be performed during the course of the Project or that the Work will be performed at the quantities included in the Schedule of Bid Prices. As provided in the General Conditions, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.
The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the
City of Roseville California RFP#08-108 INT - 9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] provisions of California Labor Code Section 6707, if the Work involves construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.
SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.
In case of discrepancy between the total of the base contract items and any specified alternates and the stated Grand Total Bid Price, the total of the base contract items plus specified alternates shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the City and the City will use the mathematically corrected addition. For example, if the mathematical total of Bidder’s base contract items plus specified alternates equals $1,000,000, but the Bidder has written $1,250,000 as the Grand Total Bid Price, the City will consider $1,000,000 to be the Bidder’s Grand Total Bid Price for purposes of comparison to other Bidders and actual bid award. The City reserves its rights to reject or accept bids based on discrepancies between the stated Grand Total Bid Price and the actual mathematical total of the
City of Roseville California RFP#08-108 INT - 10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] base contract bid items, plus specified alternates.
3-1.02 REJECTION OF IRREGULAR PROPOSALS. Proposals may be rejected in the City's sole discretion if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. However, the City reserves the right to waive any minor irregularities and informalities in any bid or in the bid procedure for any reason.
3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.
All Bidders are put on notice that any collusive agreement to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the City Charter, State Contract Act and the Business and Professions Code and may render void any Contract let under such circumstances.
3-1.04 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in its bid, the Bidder shall give the Department written notice within five (5) Days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid
City of Roseville California RFP#08-108 INT - 11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.
SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.
Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited,
City of Roseville California RFP#08-108 INT - 12
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] will be returned.
4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.
Each of the two (2) bonds shall be in a sum equal to one hundred percent (100%) of the Contract Price. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. Sureties on each of said bonds shall be satisfactory to the City.
All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the General Conditions, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.
Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the General Conditions. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance
City of Roseville California RFP#08-108 INT - 13
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.
If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to
City of Roseville California RFP#08-108 INT - 14
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.
SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.
Project ____________________________
Contractor _________________________
City of Roseville California RFP#08-108 PROP - 1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PROPOSAL
PROPOSAL TO THE DEPARTMENT OF ENVIRONMENTAL UTILITIES
for
Aquifer Storage and Recovery Well Drilling
Campus Oaks (Well 13) and Misty Wood (Well 19)
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
City of Roseville Business License No.
The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.
City of Roseville California RFP#08-108 PROP - 2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Notice to Contractors, Instructions to Bidders, Form of Agreement, Specifications, General Conditions, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.
The work to be done is described in the Bidding Documents entitled Well Drilling:
Campus Oaks (Well 13) and Misty Wood (Well 19), City of Roseville, California.
This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.
The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that the Bidder has carefully examined the location of the proposed Work, the attached Form of Agreement, and the plans, Specifications, and other Contract Documents; and agrees if this Proposal is accepted, that it will contract with the City of Roseville, in the form of a copy of the Agreement contained in the Project Manual, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that the Bidder will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers ________________. (IF NONE, STATE NONE).
City of Roseville California RFP#08-108 PROP - 3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.
The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.
The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.
Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
If SOLE OWNER, execute here:
I sign as sole owner of the business named above:
_____________________________________________________________________________
City of Roseville California RFP#08-108 PROP - 4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] If PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________
If CORPORATION, execute here:
Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
City of Roseville California RFP#08-108 PROP - 5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
City of Roseville California RFP#08-108 PROP - 6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
STATEMENT OF QUALIFICATIONS AND EXPERIENCE
Provide a summary of your firm’s experience in providing these or similar services.
Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, a list of proposed staff that were part of the project, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred.
City of Roseville California RFP#08-108 PROP - 7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
LIST OF SUBCONTRACTORS
Contractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.
PORTION/
TYPE OF
WORK
% OF
CONTRACT
SUB-
CONTRACTOR’S
NAME
CONTRACTOR
LICENSE NO.
DIR REG.
NO.
BUSINESS ADDRESS
(CITY, STATE)
City of Roseville California RFP#08-108 PROP - 8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code 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 I will comply with such provisions before commencing the performance of the work of this Contract.
_________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
City of Roseville California RFP#08-108 PROP - 9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:
That we ________________________________________________________________ ___________________________________________________________, as PRINCIPAL, and ______________________________________________________________________________ a, __________________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Roseville in the penal sum of _______________________________________________ dollars ($________________), being at least TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Roseville, acting by and through the Public Works Director, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the Director of the Department to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR
(Copy here the exact title of work as it appears on the Proposal.)
City of Roseville California RFP#08-108 PROP - 10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________, 20___.
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Principal
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Surety
__________________________________
__________________________________
Business Address
NOTE: To be considered complete, both the Principal and the Surety must sign this Bidder’s Bond. In addition, signatures of those executing for the Surety must be properly acknowledged.
Project ____________________________
Contractor _________________________
City of Roseville California RFP#08-108 PROP - 11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SCHEDULE OF BID ITEMS
Bid
Item Item Description Unit Estimated
Quantity
Unit Price
($) Total Amount ($)
1 Well Site Mobilization and
Demobilization Lump Sum 2
2 Sound Walls Linear Foot 200
3 Conductor Casing Linear Foot 140
4 Borehole Drilling Linear Foot 815
5 Geophysical Logging Each 2
6 Caliper and Borehole Geometry
Survey Each 2
7 Blank Well Casing
ASTM A‐778, Type 304 SS 20"
I.D. x 3/8" Wall
Linear Foot 565
8 Wire Wrapped Well Screen
ASTM A‐778, Type 304 SS 20"
I.D. x 5/16" Wall w/0.060"
Linear Foot 225
9 2” Sounding Pipe Linear Foot 460
10 3” Gravel Fill Pipe Linear Foot 500
11 Graded Annular Fill Shur-Pak 10-
12 glass beads/Bentonite
Transition
Linear Foot 345
12 Annular Seal Linear Foot 470
13 Well Development Each 2
14 Install and Remove Test Pump Each 2
15 Well and Aquifer Testing Hour 40
16 Dynamic Flowmeter (Spinner)
Testing Each 2
17 Plumbness and Alignment Testing
and Video Survey Each 2
18 Disinfection of Well Each 2
19 Disposal of Drill Cuttings Lump Sum 1
20 Well Site Clean-up and Records Lump Sum 1
21 Well Standby Time Hour 0
GRAND TOTAL BID PRICE ($) = ______________________________________________ Grand Total Bid Price in Words:_________________________________________________
City of Roseville California RFP#08-108 PROP - 12
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state].
____________________________________
(Signature of Declarant)
City of Roseville California RFP#08-108 PROP - 13
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes______ No______
If the answer is yes, explain the circumstances in the following space.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
City of Roseville California RFP#08-108 PROP - 14
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
City of Roseville California RFP#08-108 PROP - 15
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
DISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
Although soil and site investigation reports have been obtained from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information contained therein. These reports are subject to change at any time, may be incomplete, and/or may contain errors. This information is provided for informational purposes only. The City of Roseville provides this information on an “as is” basis. Warranties of any kind, express or implied, or statutory, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose ARE DISCLAIMED to any party viewing these documents or to any third party.
The City of Roseville does not accept and expressly disclaims liability to any party viewing such information, or to any third party whatsoever, for any loss, damage, or injury (including incidental or consequential damages) whether such loss, damage, or injury is the result of negligence, willful or intentional misconduct, or any other cause.
I have read and acknowledged the above disclaimer and agree to hold harmless the City of Roseville on any theory of liability for any loss, damage or injury whether in contract, strict liability or tort arising in any way out of the use or contents of the released information or documents described above or the performance of the work called for herein.
Print Name Signature
City of Roseville California RFP#08-108 PROP - 16
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Name of Business/Company/Corporation Date
Address Phone
END OF PROPOSAL
City of Roseville California RFP#08-108 AGR - 1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
AGREEMENT
THIS AGREEMENT, is made and entered into this _____ day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S E T H:
WHEREAS, the City Council of the CITY, at a meeting held on the ____day of __________________, 20_____, approved plans and specifications for the ______________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a
City of Roseville California RFP#08-108 AGR - 2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] contract to CONTRACTOR to do the work referred to in the aforementioned specifications.
NOW, THEREFORE, the parties agree as follows:
1. THE WORK. CONTRACTOR agrees:
a. To do the work and furnish all the labor, materials, tools, supplies, equipment, superintendence, insurance, and bonds required for the _______________________ ______________________________________________________________________________ in accordance with the Contract Documents (the Work).
b. To do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Public Works of the City of Roseville.
2. PAYMENT. CITY shall pay CONTRACTOR __________________________ _________________________________________ dollars ($________________) for the Work to be done under this Agreement in accordance with the Contract Documents.
3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including general conditions, supplemental conditions, special provisions and construction details); d. Bonds and insurance required by the Insurance Broker Information Packet section of this document; and
e. This contract.
City of Roseville California RFP#08-108 AGR - 3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
4. LIQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.
Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $1,500.00 per day as liquidated damages, in the event of such delay.
5. TIME OF COMPLETION. Time is of the essence of this Agreement.
CONTRACTOR shall complete all Work under the Contract Documents within 181 Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.
6. SERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.
CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________
City of Roseville California RFP#08-108 AGR - 4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.
7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.
8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. INDEPENDENT CONTRACTOR. CONTRACTOR shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
10. SUCCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
11. MODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
12. SEVERABILITY. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
13. INTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE
City of Roseville California RFP#08-108 AGR - 5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN TEN (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 95826.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the ____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.
CITY OF ROSEVILLE, a ___________________________, a
municipal corporation _____________________________
BY:______________________________ BY: __________________________ DOMINICK CASEY its: __________________________
City Manager
and
ATTEST:
BY: __________________________
its: __________________________
BY:______________________________
CARMEN AVALOS
City Clerk
City of Roseville California RFP#08-108 AGR - 6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] APPROVED AS TO FORM:
BY: ______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: ______________________________
Print Name:________________________
Title:______________________________
City of Roseville California RFP#08-108 INS -i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSURANCE BROKER INFORMATION PACKET
Aquifer Storage and Recovery Well Drilling
Campus Oaks (Well 13) and Misty Wood (Well 19)
TABLE OF CONTENTS for INSURANCE BROKER INFORMATION PACKET Page
Notice to Contractor INS 1
Notice to Insurance Broker INS 2
Insurance Requirements INS 3
Public Works Faithful Performance Bond INS 10
Public Works Payment Bond INS 15
City of Roseville California RFP#08-108 INS -1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
NOTICE TO CONTRACTOR
For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.)
Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid.
City of Roseville California RFP#08-108 INS -2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as the Aquifer Storage and Recovery Well Drilling:
Campus Oaks (13) and Misty Wood (19) Project.
The Contract Amount is $_______________________________________________________
The Contract Conditions for this project require your client (“the Contractor”) to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) days after the Bid award, unless otherwise directed by the City in writing, or else the Bid award may be terminated and awarded to another company.
This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section entitled “Insurance Requirements.” Please note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished.
Please refer to the Supplemental Conditions for modifications of the General Conditions, if any, and the requirements of this insurance packet.
Please use the standard City of Roseville Bond Forms provided in this package.
The Bonds required must each be in the penal amount of: $______________________.
Bonds must be sent to the following staff person:
Janice Gainey
2005 Hilltop Circle
Roseville, CA 95747
Insurance documents must be provided using one of the following methods:
a. By email to [email protected] and [email protected] b. By fax to (770) 335-5727 and (916) 774-5461
After using one of these methods, please DO NOT send the insurance certificate(s) by mail.
When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.
Thank you.
City of Roseville California RFP#08-108 INS -3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSURANCE REQUIREMENTS
The following sections are quoted from the General Conditions:
5-1.23 INSURANCE COVERAGE.
A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.
C. Insurance Required.
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury,
City of Roseville California RFP#08-108 INS -4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] personal injury and property damage for projects under One Million Dollars ($1,000,000) and limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, cross- liability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss.
City of Roseville California RFP#08-108 INS -5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its
City of Roseville California RFP#08-108 INS -6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Subcontractors provided any design or engineering services in connection with the Project.
5. Builder’s Risk/Course of Construction Insurance Is ____ OR Is Not ____ Required by Risk Management: The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of Builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the
City of Roseville California RFP#08-108 INS -7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.
7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
5-1.24 OTHER INSURANCE PROVISIONS.
A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by Contractor under the Contract.
Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be
City of Roseville California RFP#08-108 INS -8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability 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. 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 California Insurance Code Section 11580.04.
E. The limits of insurance required in this Contract may be satisfied by a
City of Roseville California RFP#08-108 INS -9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and self- insured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
City of Roseville California RFP#08-108 INS -10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PUBLIC WORKS
FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________)
WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and
WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the Bond No. ____________________
Premium $____________________
City of Roseville California RFP#08-108 INS -11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.
As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the SURETY shall
City of Roseville California RFP#08-108 INS -12
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] continue so long as any obligation of the PRINCIPAL remains.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:
1. Undertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.
2. Reimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship
City of Roseville California RFP#08-108 INS -13
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.
SURETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.
No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
[SIGNATURES NEXT PAGE]
City of Roseville California RFP#08-108 INS -14
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.
PRINCIPAL: SURETY:
BY:_________________________________ BY:________________________________ PRINT NAME: ________________________ PRINT NAME: _______________________ PRINT TITLE: ________________________ PRINT TITLE:________________________
AND MAILING ADDRESS:
BY: ________________________________ ___________________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________
(Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY:
__________________________
City Attorney
City of Roseville California RFP#08-108 INS -15
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PUBLIC WORKS
LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________)
WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and
WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which Bond No. _________________
Premium $________________
City of Roseville California RFP#08-108 INS -16
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall
City of Roseville California RFP#08-108 INS -17
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.
PRINCIPAL: SURETY:
BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________
AND MAILING ADDRESS:
City of Roseville California RFP#08-108 INS -18
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________
(Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: __________________________
City Attorney
City of Roseville California RFP#08-108 GC – i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
GENERAL CONDITIONS
FOR BUILDINGS AND GROUNDS
TABLE OF CONTENTS
SECTION 1: DEFINITIONS AND TERMS GC-1:1
1-1.01 GENERAL ....................................................................................................... GC-1:1 1-1.02 ACCEPTANCE................................................................................................ GC-1:1 1-1.03 ADDENDUM .................................................................................................. GC-1:1 1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS ................................................................................................. GC-1:1 1-1.05 ASSESSMENT ................................................................................................ GC-1:1 1-1.06 BENEFICIAL OCCUPANCY ......................................................................... GC-1:2 1-1.07 BID GUARANTY ............................................................................................ GC-1:2 1-1.08 BIDDER ........................................................................................................... GC-1:2 1-1.09 BIDDING DOCUMENTS ............................................................................... GC-1:2 1-1.10 CHANGE ORDER ........................................................................................... GC-1:2 1-1.11 CITY ................................................................................................................ GC-1:2 1-1.12 CITY ATTORNEY .......................................................................................... GC-1:2 1-1.13 CITY CLERK .................................................................................................. GC-1:2 1-1.14 CLAIM ............................................................................................................. GC-1:2 1-1.15 CONSTRUCTION SCHEDULE ..................................................................... GC-1:3 1-1.16 CONTRACT OR AGREEMENT .................................................................... GC-1:3 1-1.17 CONTRACT CONDITIONS ........................................................................... GC-1:3
City of Roseville California RFP#08-108 GC – ii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 1-1.18 CONTRACT DOCUMENTS .......................................................................... GC-1:3 1-1.19 CONTRACT DRAWINGS .............................................................................. GC-1:3 1-1.20 CONTRACT PRICE ........................................................................................ GC-1:4 1-1.21 CONTRACT TIME .......................................................................................... GC-1:4 1-1.22 CONTRACTOR ............................................................................................... GC-1:4 1-1.23 DAY OR DAYS ............................................................................................... GC-1:4 1-1.24 DEPARTMENT ............................................................................................... GC-1:4 1-1.25 DIRECT COSTS .............................................................................................. GC-1:4 1-1-26 DIRECTOR. ..................................................................................................... GC-1:6 1-1.27 EMERGENCY. ................................................................................................ GC-1:6 1-1.28 ENGINEER OR ARCHITECT ........................................................................ GC-1:7 1-1.29 FINAL COMPLETION ................................................................................... GC-1:7 1-1.30 FORCE ACCOUNT ......................................................................................... GC-1:7 1-1.31 GENERAL NOTES ......................................................................................... GC-1:7 1-1.32 INSTALLATION, INSTALL .......................................................................... GC-1:7 1-1.33 LABORATORY .............................................................................................. GC-1:7 1-1.34 LEGAL HOLIDAYS ....................................................................................... GC-1:7 1-1.35 LIQUIDATED DAMAGES ............................................................................. GC-1:7 1-1.36 NOTICE OF COMPLETION ........................................................................... GC-1:8 1-1.37 NOTICE TO PROCEED .................................................................................. GC-1:8 1-1.38 NOTICE OF TERMINATION ......................................................................... GC-1:8 1-1.39 OVERHEAD .................................................................................................... GC-1:8 1-1.40 PREMISES ....................................................................................................... GC-1:9
City of Roseville California RFP#08-108 GC – iii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 1-1.41 PROFESSIONAL ENGINEER ........................................................................ GC-1:9 1-1.42 PROJECT MANUAL ...................................................................................... GC-1:9 1-1.43 PROPOSAL FORMS ....................................................................................... GC-1:9 1-1.44 REQUEST FOR INFORMATION (RFI). ........................................................ GC-1:9 1-1.45 SAFETY ........................................................................................................... GC-1:9 1-1.46 SCHEDULE OF VALUES. ............................................................................. GC-1:9 1-1.47 SHOP DRAWINGS ....................................................................................... GC-1:10 1-1.48 SPECIFICATIONS ........................................................................................ GC-1:10 1-1.49 SUBCONTRACTOR ..................................................................................... GC-1:10 1-1.50 SUBMITTALS ............................................................................................... GC-1:10 1-1.51 SUPPLEMENTAL CONDITIONS ............................................................... GC-1:10 1-1.52 SUPPLIER ..................................................................................................... GC-1:10 1-1.53 WORK............................................................................................................ GC-1:11 1-1.54 WORK SITE .................................................................................................. GC-1:11 1-1.55 WORKING DRAWINGS .............................................................................. GC-1:11 SECTION 2: CONTROL AND SCOPE OF THE WORK .................................................. GC-2:1 2-1.01 AUTHORITY OF DIRECTOR ........................................................................ GC-2:1 2-1.02 INTENT OF CONTRACT DOCUMENTS ..................................................... GC-2:1 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT ....
DOCUMENTS ................................................................................................. GC-2:2 2-1.04 CONTRACT DRAWINGS .............................................................................. GC-2:3 2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ................................................................................................. GC-2:3
City of Roseville California RFP#08-108 GC – iv
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.06 INDEPENDENT CONTRACTOR STATUS .................................................. GC-2:5 2-1.07 ORDER OF WORK ......................................................................................... GC-2:5 2-1.08 SUBMITTALS ................................................................................................. GC-2:5 2-1.08A SHOP DRAWINGS ................................................................................... GC-2:6 2-1.08B DESCRIPTIVE DATA ............................................................................... GC-2:7 2-1.08C SAMPLES .................................................................................................. GC-2:7 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT ..................................... GC-2:7 2-1.08E ALTERNATIVES ..................................................................................... GC-2:10 2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE......................... GC-2:12 2-1.10 ACCESS TO THE WORK ............................................................................. GC-2:12 2-1.11 TEMPORARY UTILITIES ........................................................................... GC-2:12 2-1.12 UTILITY FACILITIES .................................................................................. GC-2:13 2-1.13 PRESERVATION AND CLEANING ........................................................... GC-2:14 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES .................................... GC-2:14 2-1.15 DUST CONTROL .......................................................................................... GC-2:15 2-1.16 SANITATION................................................................................................ GC-2:15 2-1.17 NIGHT WORK AND NORMAL WORKING HOURS ................................ GC-2:15 2-1.18 LINES AND GRADES .................................................................................. GC-2:16 2-1.19 ARCHEOLOGICAL DISCOVERIES ........................................................... GC-2:17 2-1.20 PRESERVATION OF MONUMENTS ......................................................... GC-2:17 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS .................................. GC-2:18 2-1.22 FINAL CLEANUP ......................................................................................... GC-2:18 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS ............................................ GC-2:18
City of Roseville California RFP#08-108 GC – v
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.24 SUPERINTENDENCE .................................................................................. GC-2:19 2-1.25 CHARACTER OF WORKER ....................................................................... GC-2:20 2-1.26 INSPECTION ................................................................................................ GC-2:20 2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK ................... GC-2:21 SECTION 3: CHANGES IN THE WORK .......................................................................... GC-3:1 3-1.01 CHANGES ....................................................................................................... GC-3:1 3-1.02 PROPOSED CHANGE ORDERS ................................................................... GC-3:2 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE ORDERS ......... GC-3:3 3-1.04 EXECUTED CHANGE ORDER ..................................................................... GC-3:3 3-1.05 CONTRACT PRICE ADJUSTMENT ............................................................. GC-3:3 3-1.06 FORCE ACCOUNT PAYMENT ..................................................................... GC-3:5 3-1.06A LABOR ...................................................................................................... GC-3:6 3-1.06B MATERIALS .............................................................................................. GC-3:6 3-1.06C EQUIPMENT. ........................................................................................... GC-3:7 3-1.06D MARKUPS ................................................................................................ GC-3:8 3-1.06E RECORDS ................................................................................................. GC-3:9 3-1.07 COST REDUCTION PROPOSALS .............................................................. GC-3:11 SECTION 4: CONTROL OF MATERIALS ........................................................................ GC-4:1 4-1.01 MATERIALS ................................................................................................... GC-4:1 4-1.02 PRODUCT AND REFERENCE STANDARDS ............................................. GC-4:2 4-1.03 SAMPLING AND TESTING OF MATERIALS ............................................. GC-4:2 4-1.04 CERTIFICATES OF COMPLIANCE ............................................................. GC-4:7
City of Roseville California RFP#08-108 GC – vi
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 5: LEGAL RELATIONS AND RESPONSIBILITY.......................................... GC-5:1 5-1.01 LAWS TO BE OBSERVED ............................................................................ GC-5:1 5-1.02 HOURS OF LABOR ........................................................................................ GC-5:1 5-1.03 NONDISCRIMINATION ................................................................................ GC-5:2 5-1.04 PREVAILING WAGE ..................................................................................... GC-5:3 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID .................... GC-5:6 5-1.06 PAYROLL RECORDS .................................................................................... GC-5:7 5-1.07 SAFETY REQUIREMENTS ......................................................................... GC-5:10 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION ................................... GC-5:15 5-1.09 PUBLIC SAFETY .......................................................................................... GC-5:15 5-1.10 EMERGENCIES ............................................................................................ GC-5:17 5-1.11 APPRENTICES ............................................................................................. GC-5:18 5-1.12 FAIR LABOR STANDARDS ACT ............................................................... GC-5:18 5-1.13 WORKERS' COMPENSATION ................................................................... GC-5:19 5-1.14 AIR POLLUTION CONTROL AND ASBESTOS ........................................ GC-5:19 5-1.15 USE OF PESTICIDES ................................................................................... GC-5:20 5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS ................................ GC-5:20 5-1.17 WEIGHT LIMITATIONS ............................................................................. GC-5:21 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS ......................................................................................... GC-5:21 5-1.19 PERMITS AND LICENSES .......................................................................... GC-5:21 5-1.20 WATER POLLUTION .................................................................................. GC-5:22
City of Roseville California RFP#08-108 GC – vii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.21 PROTECTION AND USE OF PROPERTY .................................................. GC-5:23 5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION ............... GC-5:24 5-1.23 INSURANCE COVERAGE .......................................................................... GC-5:26 5-1.24 OTHER INSURANCE PROVISIONS .......................................................... GC-5:31 5-1.25 THIRD PARTY BENEFICIARY .................................................................. GC-5:33 5-1.26 COORDINATION AND ACCESS ................................................................ GC-5:33 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO ACCEPTANCE ........ GC-5:34 5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT ................................................................................................. GC-5:35 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK ........................... GC-5:36 5-1.30 RESPONSIBILITY FOR UTILITIES ........................................................... GC-5:37 5-1.31 PROPERTY RIGHTS IN MATERIALS ....................................................... GC-5:39 5-1.32 COURT ORDERED DELAY ........................................................................ GC-5:39 5-1.33 NO PERSONAL LIABILITY ........................................................................ GC-5:39 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS ............................................... GC-5:40 5-1.35 ANTITRUST CLAIMS .................................................................................. GC-5:40 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS ...................... GC-5:40 5-1.37 PAYMENT OF TAXES ................................................................................. GC-5:41 5-1.38 GRATUITIES AND CONFLICT OF INTEREST ......................................... GC-5:42 5-1.39 COOPERATION............................................................................................ GC-5:43 5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS ............................... GC-5:43 5-1.41 CONTRACTOR REGISTRATION ............................................................... GC-5:44 5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
City of Roseville California RFP#08-108 GC – viii
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] RIGHTS-OF-WAY ........................................................................................ GC-5:45 SECTION 6: PROSECUTION AND PROGRESS ............................................................ GC-6:45 6-1.01 SUBLETTING AND SUBCONTRACTING ................................................ GC-6:45 6-1.02 ASSIGNMENT ................................................................................................ GC-6:3 6-1.03 BEGINNING OF WORK ................................................................................. GC-6:3 6-1.04 PROGRESS SCHEDULE. ............................................................................... GC-6:4 6-1.05 SCHEDULE OF VALUES ............................................................................ GC-6:10 6-1.06 CITY’S RIGHT TO STOP WORK ................................................................ GC-6:10 6-1.07 TIME OF COMPLETION ............................................................................. GC-6:12 6-1.08 LIQUIDATED DAMAGES ........................................................................... GC-6:13 6-1.09 DELAYS AND EXTENSIONS TO THE WORK ......................................... GC-6:14 6-1.10 TERMINATION ............................................................................................ GC-6:19 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY.. ....... GC-6:19 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE ............................... GC-6:22 SECTION 7: ACCEPTANCE AND PAYMENT ................................................................ GC-7:1 7-1.01 ACCEPTANCE................................................................................................ GC-7:1 7-1.02 SCOPE OF PAYMENT ................................................................................... GC-7:2 7-1.03 NOTICE OF POTENTIAL CLAIM ................................................................ GC-7:2 7-1.04 CLAIMS .......................................................................................................... GC-7:5 7-1.05 DISPUTE RESOLUTION PROCEDURE ....................................................... GC-7:6 7-1.06 STOP PAYMENT NOTICES ......................................................................... GC-7:7 7-1.07 PROGRESS PAYMENTS ............................................................................... GC-7:7 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND .................. GC-7:9
City of Roseville California RFP#08-108 GC – ix
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 7-1.09 RETENTION ON PROGRESS PAYMENTS ............................................... GC-7:11 7-1.10 FINAL PAYMENT ....................................................................................... GC-7:12 7-1.11 CLERICAL ERRORS .................................................................................... GC-7:14 7-1.12 WARRANTY ................................................................................................. GC-7:14 7-1.13 WARRANTY OF TITLE .............................................................................. GC-7:16
City of Roseville California RFP#08-108 GC – 1:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1
DEFINITIONS AND TERMS
1-1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1-1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1-1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, As- Built Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1-1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance
City of Roseville California RFP#08-108 GC – 1:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] with certain contractual requirements.
1-1.06 BENEFICIAL OCCUPANCY. The taking possession of a portion of the Work by the City for its use and/or occupancy on other than a temporary or emergency basis. 1-1.07 BID GUARANTY. The cashier’s, certified check, irrevocable standby letter of credit, deposit of securities, or Bidder’s Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the City for the performance of the Work, if the Agreement is awarded to Bidder, and the Bidder will submit the required Contract Bonds and Certificate of Insurance. Also referred to as the Bidder’s Security. 1-1.08 BIDDER. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, submitting a Proposal for the Work, acting directly, or through a duly authorized representative. 1-1.09 BIDDING DOCUMENTS. Includes the Notice to Bidders, Bidding Requirements, Contract Conditions, Drawings, and Addenda. 1-1.10 CHANGE ORDER. Any written order to the Contractor directing an addition, deletion, or modification of the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the Agreement has been signed.
1-1.11 CITY. The City of Roseville.
1-1.12 CITY ATTORNEY. The City Attorney of the City.
1-1.13 CITY CLERK. The City Clerk of the City.
1-1.14 CLAIM. A separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief for damages or penalties for delay assessed by
City of Roseville California RFP#08-108 GC – 1:3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract Documents and payment for which is not otherwise expressly provided or to which Contractor is not otherwise entitled; and (c) payment of an amount that is disputed by the City.
1-1.15 CONSTRUCTION SCHEDULE. A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of significant activities, critical path, float and milestones must be indicated in the Construction Schedule. 1-1.16 CONTRACT OR AGREEMENT. The written agreement relating to the Work to be performed, the labor, materials, and equipment to be furnished, and the payment to be made therefor. The Agreement/Contract is part of and incorporates all of the Contract Documents.
1-1.17 CONTRACT CONDITIONS. Includes the General Conditions, Supplemental Conditions, and Specifications.
1-1.18 CONTRACT DOCUMENTS. Includes those documents that form the basis of the Contract, including but not limited to, Bidding Documents, the Bid or Proposal, Contract Bonds, the Contract, all required insurance certificates or endorsements, all bonds, all required certifications or statements, Change Orders, any Contract Amendment, any City Standard which is incorporated by reference and these City of Roseville General Conditions for Buildings and Grounds.
1-1.19 CONTRACT DRAWINGS. The official drawings including plans, elevations, sections, detail drawings, diagrams, plated, General Notes, information and schedules thereon, or exact reproductions thereof, showing the location, character, dimension, and details
City of Roseville California RFP#08-108 GC – 1:4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of the Work. The Contract Drawings include any drawings or plates bound within the Supplemental Conditions.
1-1.20 CONTRACT PRICE. The total compensation to be paid to the Contractor in accordance with the terms of the Agreement. 1-1.21 CONTRACT TIME. The number of Days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
1-1.22 CONTRACTOR. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, who has entered into the Agreement with City.
1-1.23 DAY OR DAYS. Unless otherwise designated, Day or Days as used in the Contract Documents will be understood to mean calendar Day or Days. 1-1.24 DEPARTMENT. The Department for Contract Administration, as identified in the Supplemental Conditions.
1-1.25 DIRECT COSTS. Those cost items (including labor, materials, equipment and any subcontractor’s work) that are used in the actual performance of, and are specifically and uniquely attributable to the Work or changed Work. Direct Costs do not include Overhead. Direct Costs only include the following:
A. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include salaries and
City of Roseville California RFP#08-108 GC – 1:5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above only to the extent authorized by City in writing.
B. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and suppliers' field services required in connection therewith. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.
C. Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
D. Costs of special consultants (including engineers, architects, testing laboratories, surveyors, and accountants) employed for services specifically, and only, related to the Work.
E. Supplemental costs including the following:
1. The proportion of necessary transportation, travel and subsistence
City of Roseville California RFP#08-108 GC – 1:6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] expenses of Contractor's employees incurred in discharge of duties connected with the Work.
2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value of such items used but not consumed which remain the property of Contractor.
3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by laws and regulations.
5. The cost of utilities (including the meter and all associated installation costs), fuel and sanitary facilities at the site.
6. Cost of premiums for additional bonds and insurance required because of changes in the Work.
1-1-26 DIRECTOR. Director of the Department for Contract Administration or his or her designee.
1-1.27 EMERGENCY. Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, civil disorder, or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the performance of the Work; and/or to cause catastrophic failure of City
City of Roseville California RFP#08-108 GC – 1:7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] equipment and/or facilities.
1-1.28 ENGINEER OR ARCHITECT. Professional Engineer or Architect designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design Change requests and Shop Drawings, resolution of errors and omissions, and finalization of Record Documents.
1-1.29 FINAL COMPLETION. When the project has been completed according to the terms and conditions set forth in the Contract Documents. Final Completion is not the same as Acceptance.
1-1.30 FORCE ACCOUNT. Payment by force account shall mean payment on the basis of the Contractor’s time and materials.
1-1.31 GENERAL NOTES. The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings and so identified thereon, which pertain to the performance of the Work.
1-1.32 INSTALLATION, INSTALL. Completely assembling, erecting, and/or connecting materials, parts, components, supplies, and related equipment specified or required for the completion of the Work.
1-1.33 LABORATORY. Established professional laboratories authorized by the City to test materials and Work involved in the Contract. 1-1.34 LEGAL HOLIDAYS. Those days designated as Federal holidays or declared by the City, or otherwise specified in the Contract Documents. 1-1.35 LIQUIDATED DAMAGES. The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the
City of Roseville California RFP#08-108 GC – 1:8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Supplemental Conditions. 1-1.36 NOTICE OF COMPLETION. A legal notice filed by the City with the Placer County Recorder’s Office stating that construction has been completed and accepted by the City.
1-1.37 NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. 1-1.38 NOTICE OF TERMINATION. Written notice from the City to the Contractor and/or its Surety terminating the Agreement, or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.
1-1.39 OVERHEAD. Business or administrative expenses (including but not limited to office expenses, administrative staff, rent, insurance, utilities) not chargeable to a particular part of the Work. The term “Overhead” shall include all of the following:
A. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Work Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee.
B. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
City of Roseville California RFP#08-108 GC – 1:9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] C. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.
D. Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except as provided in section 1-1.25.
E. Other overhead or general expense costs of any kind. 1-1.40 PREMISES. Shall mean the area within construction easements, easements, rights of entry and City owned property which surrounds the Work Site, limited by the property lines thereof. In some cases Premises may coincide with the Work Site. 1-1.41 PROFESSIONAL ENGINEER. An engineer licensed by the Board of Registration for Professional Engineers, State of California. 1-1.42 PROJECT MANUAL. A book containing all Contract Documents. 1-1.43 PROPOSAL FORMS. The approved forms upon which the City requires that each Bidder submit its bid with regard to the Agreement. 1-1.44 REQUEST FOR INFORMATION (RFI). A document issued by the Contractor requesting information concerning the Contract Documents. 1-1.45 SAFETY. Includes the practice of identifying potential hazards, assessing their risk, taking corrective action where possible, including and providing control measures such as engineering design, written procedures, and the personal protective equipment for workers in order to eliminate or reduce the risk for exposure in the workplace. 1-1.46 SCHEDULE OF VALUES. The breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum bid item
City of Roseville California RFP#08-108 GC – 1:10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum.
1-1.47 SHOP DRAWINGS. Drawings, plans, diagrams, schedules, and other data specifically prepared and submitted to the City by the Contractor, showing in detail: (a) the proposed fabrication and assembly of a special component of the Work; and (b) the Installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data.
1-1.48 SPECIFICATIONS. The technical Specifications for the Work prepared by the Director or an Engineer or Architect describing in detail the nature of the Work, its components, any performance standards, and how the Work is to be constructed. 1-1.49 SUBCONTRACTOR. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
1-1.50 SUBMITTALS. Those documents required to be submitted by the Contractor for review by the City in accordance with the Contract Documents. 1-1.51 SUPPLEMENTAL CONDITIONS. The Supplemental Conditions are specific clauses modifying or supplementing these General Conditions. 1-1.52 SUPPLIER. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off
City of Roseville California RFP#08-108 GC – 1:11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Work Site.
1-1.53 WORK. The furnishing of all labor, and the furnishing and Installing of all materials, articles, supplies and equipment as specified, designated, or required by the Contract Documents.
1-1.54 WORK SITE. All or portion of the Premises that the Work is limited to as shown on the Contract Drawings or designated by the Director. Public streets are not included unless Work is being done within the street right-of-way. 1-1.55 WORKING DRAWINGS. Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, staging plans, and diversion plans. A Working Drawing is one type of a Shop Drawing.
City of Roseville California RFP#08-108 GC – 2:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2
CONTROL AND SCOPE OF THE WORK
2-1.01 AUTHORITY OF DIRECTOR. The Contract shall be performed in a manner satisfactory to the Director who shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Director shall have authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out the same.
2-1.02 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe the details for the construction and completion of the Work. Where the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice shall be followed and that only materials and workmanship of the best quality are to be used. Any Work, materials, or equipment that are customarily provided, or that are reasonably inferable from the Contract Documents as being required to produce the intended result, shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the Work involved in executing the Contract in a
City of Roseville California RFP#08-108 GC – 2:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory and workmanlike manner.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Contractors, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or City’s designated representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions, sections and articles for convenience, organization and reference. Generally, there has been no attempt to divide the Specifications sections into work performed by the various building trades, work by separate Subcontractors, or work required for separate facilities in the project. 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee
City of Roseville California RFP#08-108 GC – 2:3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of the City, or with the City’s designated representative either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
2-1.04 CONTRACT DRAWINGS. The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete Work.
In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve conflicts:
1. Change Orders
2. The Contract (including Addenda)
3. The Supplemental Conditions
4. Specifications
5. Contract Drawings
6. The General Conditions
Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a
City of Roseville California RFP#08-108 GC – 2:4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Request for Information (“RFI”) to the Director for such further explanations as may be necessary and shall conform to the written explanation given as if part of the Contract Documents. The decisions of the Director shall be final.
Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) Days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) Day period.
Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any Claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for by the City.
The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Price or the Contract Time.
If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall provide a Notice of Potential Claim as provided in Section 7-1.03, below.
Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable change based on the RFI response.
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the City of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-
City of Roseville California RFP#08-108 GC – 2:5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such non- conformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.
The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.
City of Roseville California RFP#08-108 GC – 2:6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.
The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.
Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample cross- references to the Contract Documents, to facilitate identification of items and their location in the Work.
All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.
These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic
City of Roseville California RFP#08-108 GC – 2:7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] copy will be returned to the Contractor either approved for use, as demonstrated by a stamp, or returned for correction and resubmittal. Materials, colors and/or samples will not be returned to the Contractor. Shop Drawings include any drawing, which requires execution by a draftsman as distinguished from printed matter. The size of Shop Drawings shall not exceed twenty-four inches (24”) by thirty-six inches (36”).
2-1.08B DESCRIPTIVE DATA. The Contractor shall submit an electronic copy (searchable PDF) of each set of manufacturer's brochures or other data required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. The City will examine such Submittals and return either an electronic copy or a hard copy approved for use or returned for correction and resubmittal. 2-1.08C SAMPLES. The Contractor shall submit samples of articles, materials or equipment as required by the Supplemental Conditions or Specifications. The Work shall be in accordance with the approved samples. Samples shall be removed from City property when directed or may be incorporated in the Work if approved by the Director. Samples not removed by the Contractor will become the property of the City or, at the City's option, will be removed or disposed of by the City at the Contractor's expense. 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT.
A. Manuals and Instructions. Where operation and maintenance manuals are required by the Supplemental Conditions, the Contractor shall submit two (2) sets of manuals, suitably bound, along with two (2) electronic copies in an approved format, to the Director within forty-five (45) Days after favorable review of the equipment or facilities. If operation and maintenance manuals are approved to be provided in PDF format, text shall be provided in searchable PDF format, making proper use of PDF for headings and heading levels,
City of Roseville California RFP#08-108 GC – 2:8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] paragraphs, tables, and lists. Submitted operation and maintenance manuals shall be a collected, organized, and indexed set of bookmarked PDF documents comprising each operation and maintenance manual that corresponds to a hardcopy binder. All manuals shall be marked to indicate the specific equipment furnished for this project and shall include at a minimum:
1. Equipment summary form
2. Cover/Title page
3. Table of contents
4. Operating procedures including start-up, shutdown, normal operation, all operating modes, emergency shutdown, and safety precautions
5. Lubrication instructions (if required)
6. Preventative maintenance procedures
7. Troubleshooting and corrective maintenance procedures
8. Reinstallation instructions
9. Overhaul instructions (if applicable)
10. Parts identification list with exploded view and associated cross references
11. Recommended spare parts list
12. Operator safety requirements
13. Electrical and control system wiring drawings, including panel wiring control (ladder) diagrams, logic diagrams, loop diagrams, and interconnection diagrams
14. Panel layout and assembly drawings
City of Roseville California RFP#08-108 GC – 2:9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
15. Mechanical drawings
16. Printouts of all software programs and configuration files
17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:
18. Alternate specified operating modes
19. Emergency shutdown instructions
20. Normal shutdown instructions
21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.
B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.
Equipment shall not be considered ready for full time operation until after the authorized factory- trained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.
Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
City of Roseville California RFP#08-108 GC – 2:10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] No amplification, dilution, or modification of this specific wording will be permitted. 2-1.08E ALTERNATIVES. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, an alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements:
A. The Contractor shall submit its proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the Work. The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.
B. No such proposal will be considered unless accompanied by complete information and descriptive data, necessary to determine the equality of the offered materials. The Contractor shall satisfy the Director as to the comparative quality, suitability, or performance of the offered material, articles, or equipment. In the event that the Director rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished.
C. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Director. The Director shall be the sole judge as to the quality and suitability of alternative articles or materials and such decisions shall be final. Where use of an alternative material
City of Roseville California RFP#08-108 GC – 2:11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] involves redesign of, or changes to, other parts of the Work, the cost and time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.
D. Whenever classification, rating or other certification by a body such as Underwriters Laboratories (UL) or the National Electrical Manufacturers Association (NEMA) is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing Laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.
E. At its election, the City reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 3-1.07 of these General Conditions in the event that there is a significant savings resulting from the substitution.
The Director will examine, with reasonable promptness, such Submittals, and return of Submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the Contract Documents, nor shall it relieve the Contractor from responsibility for errors in the Submittals. A failure by the Contractor to identify in its letter of transmittal material deviations from the Contract Documents shall void the Submittal and any action taken thereon by the Director. When specifically requested by the Director, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.
If any mechanical, electrical, structural, or other changes are required for the proper Installation and fit of alternative materials, articles, or equipment, or because of deviations from
City of Roseville California RFP#08-108 GC – 2:12
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Contract, such changes shall not be made without the approval of the Director and shall be made without additional cost to the City.
2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the Work Site.
Except when material is to be disposed of at a landfill or recycling center, when any material is to be disposed of outside the Work Site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon the Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, the Contractor shall submit such permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.
Disposal of Hazardous Materials must be done in accordance with all laws and regulations. Copies of all required regulatory documentation including copies of final manifests shall be supplied to the City.
2-1.10 ACCESS TO THE WORK. The Contractor shall satisfy itself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to the type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
2-1.11 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any temporary services it may require in performance of
City of Roseville California RFP#08-108 GC – 2:13
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Work and shall pay all costs of these services directly to these utility organizations. 2-1.12 UTILITY FACILITIES. The Contractor shall protect from damage those utility facilities that are to remain in place, be Installed, relocated or otherwise arranged.
The Contractor’s attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters, and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, the cost of such excavations and explorations will be considered as a part of the cost of other items of Work and no additional payment will be made. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time.
If the Contractor discovers underground facilities not indicated or inferred from the Contract Documents, the Contractor shall immediately give the Director written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract Documents. The underground facilities shall be protected from damage as directed by the Director and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the Director, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor’s failure to exercise reasonable care shall be repaired at the Contractor’s cost and expense.
City of Roseville California RFP#08-108 GC – 2:14
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Where it is determined by the City that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the City will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under a Change Order.
The Contractor shall be responsible for the maintenance of all utility facilities placed by the Contractor in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period.
The cost of such maintenance shall be borne by the Contractor, and no other compensation shall be due the Contractor for this Work.
The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work. 2-1.13 PRESERVATION AND CLEANING. The Contractor shall clean up the Work at frequent intervals and at other times when directed by the Director. While finish Work is being accomplished, floors, Work areas and finished areas shall be kept clean, free of dust, construction debris and trash. Upon completion of the Work, the Contractor shall remove from the Premises its construction equipment and any waste materials not previously disposed of, leaving the Premises thoroughly clean and ready for final inspection. 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES. The Contractor shall limit its construction operations to the Work Site unless otherwise shown on the Contract Drawings or specified. The Contractor shall perform no operation of any nature over or on the
City of Roseville California RFP#08-108 GC – 2:15
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Premises except such operations as are authorized by the Contract Documents or as authorized by the Director.
2-1.15 DUST CONTROL. During the performance of all Work under this Contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The Contractor shall comply with all applicable Air Quality Act requirements.
2-1.16 SANITATION. The Contractor shall provide sanitary facilities for all persons working on the Work.
2-1.17 NIGHT WORK AND NORMAL WORKING HOURS. Normal
working hours at the construction site shall be between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday. Legal holidays are excluded. Certain utility connections and street operations are anticipated to require night Work by the Contractor during low usage periods.
The Contractor may also be required to prosecute the Work at night if, at any time, the Director shall deem it necessary for the progress of the Work, or if emergencies arise. The Contractor shall promptly comply with any such requirements made in writing by the Director. The Contractor will also be permitted to Work at night if Contractor satisfies the Director of the need therefor, in order to maintain the required progress or protect the Work from the elements.
Certain activities are required to be performed at night for nominal progress of the Work and/or are specified to be performed at night by other portions of the Supplemental Conditions. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and
City of Roseville California RFP#08-108 GC – 2:16
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory lighting and other facilities therefor. The Contractor shall receive no extra payment for night Work, if specified or if required to be performed during the normal progress of the Work, but compensation shall be considered as having been included in the price stipulated for the Work.
If Contractor performs work during weekends, holidays or any non-normal work hours, Contractor shall pay for required City Inspectors.
2-1.18 LINES AND GRADES. Unless otherwise provided in the Supplemental Conditions, the Contractor shall lay out all Work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Director's decision will be final.
As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all Work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Contract Drawings and as required for the proper operation and function. The Contractor shall stake its Work area limits. Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of Work for the City’s review and maintain monuments, stakes, and marks, and shall update the plan as necessary. Director, or Director’s designated representative, may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the Director within twenty-four (24) hours and prior to constructive forms or related improvements. Any work Installed with this requirement shall be subject to removal and replacement at the Contractor’s expense.
City of Roseville California RFP#08-108 GC – 2:17
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor's lay-out shall be based on existing structures, property lines, survey control, and bench marks established by the City. All structures and pipeline connections shall be Installed based on actual elevation of existing structures to which connections are made.
The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Director in checking location and grades of the Work as set by the Contractor if the Director desires to perform this checking. This shall include moving materials and equipment located between monuments and the construction Work.
2-1.19 ARCHEOLOGICAL DISCOVERIES. Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within fifty feet (50’) of the find shall cease until such time as the City provides the services of a qualified archeologist to evaluate the finds and recommend appropriate action.
Prehistoric materials can include flaked stone tools (e.g., projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials, culturally darkened soil (i.e., midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials), and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse.
2-1.20 PRESERVATION OF MONUMENTS. Any monuments or bench marks disturbed by construction operations shall be repaired per the City’s standard and promptly re-established by a registered land surveyor or civil engineer. A plat for each monument shall be furnished to the Director after the plat has been recorded with the Placer
City of Roseville California RFP#08-108 GC – 2:18
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] County Recorder's Office at no additional cost to the City. The recorded plat shall serve as a record of the re-establishment of said existing survey points. 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS. Work and
materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the City shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, the City may elect to accept deviations from the Contract Documents with appropriate backcharge Assessments against the Contractor, and, if such an election is made, the City will provide written notice to the Contractor of such acceptance. 2-1.22 FINAL CLEANUP. Prior to final Acceptance of the Work, the Contractor shall thoroughly clean the Premises, remove all temporary structures built by or for the Contractor, and remove all equipment and surplus construction material and debris from the area. The entire project, before Acceptance by the City, shall be left in a neat and clean condition. All Work areas and temporary construction areas shall be returned to essentially the same conditions existing before the commencing of project construction. 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS. The Contractor shall maintain one set of the full size prints furnished by the City and mark thereon in color any deviations from plan dimensions, elevations, or orientations. Also, the Contractor shall locate on said prints, all underground facilities, such as piping, conduits and tanks by accurate field measurement from structure walls, corners, etc. The Contractor shall submit the prints and an electronic CD (searchable PDF or source file format such as AutoCAD) in good condition to the Director upon completion of the job as a condition of Acceptance of the project. Marked prints
City of Roseville California RFP#08-108 GC – 2:19
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall be updated at least once each week and shall be available to the Director for review as to currency prior to developing partial payment estimates. After the completion of testing, but prior to Acceptance, the Contractor shall submit As-Built electrical drawings in color and an electronic CD showing all components and their wiring, and as specified in the Supplemental Conditions. 2-1.24 SUPERINTENDENCE. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.
The Contractor shall designate in writing before starting Work, an authorized representative who shall have the authority to represent and act for the Contractor.
When the Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting Work, the name of one authorized representative who shall have the authority to represent and act for the Contractor. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the Project. Contractor shall immediately comply with the City’s request for dismissal, at no cost to the City, and shall designate a replacement, which shall be subject to approval by the City.
Said authorized representative shall be present at the site of the Work at all times while Work is actually in progress on the Contract. When Work is not in progress and during periods
City of Roseville California RFP#08-108 GC – 2:20
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] when Work is suspended, arrangements acceptable to the Director shall be made for any Emergency Work that may be required.
Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the superintendent or foremen who may have charge of the particular Work in reference to which the orders are given.
Any order given by the Director, not otherwise required by the Supplemental Conditions to be in writing, will on request of the Contractor, be given or confirmed by the Director in writing.
2-1.25 CHARACTER OF WORKER. If any Subcontractor or person employed by the Contractor shall appear to the Director to be incompetent or to act in a disorderly or improper manner, he or she shall be removed immediately on the requisition of the Director, and such person shall not again be employed on the Work. 2-1.26 INSPECTION. The Contractor shall at all times permit the Director to inspect the Work or any part thereof. The Contractor shall maintain proper facilities and provide safe access for such inspection by the Director to all parts of the Work, and to the shops where the Work is in preparation. Work shall not be covered up until authorized by the Director and the Contractor shall be solely responsible for notifying the Director where and when such Work is in readiness for inspection and testing. Should any such Work be covered without authorization, it shall, if so ordered, be uncovered at the Contractor's expense.
Unless otherwise designated as normal working hours, whenever the Contractor intends to perform Work on Saturday, Sunday, or a Legal Holiday, the Contractor shall give notice to the Director of such intention forty-eight (48) hours prior to performing such Work, or such longer
City of Roseville California RFP#08-108 GC – 2:21
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] period as may be specified so that the Director may make necessary arrangements.
The observation and/or approval of the workmanship or materials by the City shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents.
Workmanship and materials not meeting such requirements shall be corrected and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or payment therefor has been included in a progress estimate.
The City may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor’s expense. Work that has been covered prior to observation by the City does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK. All Work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Director and no compensation will be allowed the Contractor for such removal, replacement, or remedial Work.
Any Work done beyond the lines shown on the Contract Drawings or established by the Director, or any Work done without written authority will be considered as unauthorized Work and will not be paid for. Upon order of the Director, unauthorized Work shall be remedied, removed, or replaced at the Contractor's expense.
City of Roseville California RFP#08-108 GC – 2:22
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Upon failure of the Contractor to comply promptly with any order of the Director made under this section, the Director may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof will be deducted from any moneys due or to become due the Contractor.
City of Roseville California RFP#08-108 GC – 3:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 3
CHANGES IN THE WORK
3-1.01 CHANGES. The Director, without invalidating this Agreement and without notice to Contractor’s surety, may order changes in the Work, consisting of additions or deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the Director.
If Contractor claims that performance of any work entitles it to additional compensation or to an extension of time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) Days of discovering such impact, by submitting a Notice of Potential Claim described in Section 7-1.03 below, or notice of delay as described in Section 6-1.09 below. If the Director refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific Claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed, as described in Section 7-1.03 below. Failure to provide written notice of claims prior to undertaking such work, failure to provide a timely Notice of Potential Claim, or failure to submit timely a complete and specific Claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such Claim. No Claim, dispute or controversy shall interfere with the progress or performance of the Work and the Contractor shall proceed with the Work as directed by the Director. Failure to so proceed shall amount to a
City of Roseville California RFP#08-108 GC – 3:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] default under this Agreement.
3-1.02 PROPOSED CHANGE ORDERS. The Contractor will be notified in writing of a proposed Change Order describing the intended change. Within fifteen (15) Days after receipt of a written request, the Contractor shall submit its proposed price to be added or deducted from the Contract Price due to the change and its estimate of the extent of the adjustment in the Contract Time, if any. The Contractor's proposed price to be added to or deducted from the Contract Price shall be supported by a detailed estimate of cost prepared by the Contractor, vendor or Supplier. The Contractor's proposed price submittal shall be accompanied by a statement of the time necessary for the changed Work, together with a description of how this time will be incorporated into the current Construction Schedule. The Contractor shall upon request by the Director permit inspection of its original Contract estimate, subcontract agreements or purchase orders relating to the change.
If agreement is reached on the adjustment in compensation as provided in Section 3-1.05, “Contract Price Adjustment,” of these General Conditions, the Contractor shall proceed with the Work as changed at the agreed price.
If the Contractor and the Director fail to agree as to the adjustment in compensation for the performance of the changed Work, the Contractor, upon written order from the Director, shall proceed immediately with the changed Work and the Contract Price shall be adjusted in accordance with Section 3-1.06, “Force Account Payment,” of these General Conditions.
If the Contractor fails to submit its cost estimate within such fifteen (15) Day period, the Contractor shall commence the Work as changed immediately upon receipt of written order of the Director, and the Contract Price will be adjusted in accordance with the Director's cost estimate for the changed Work.
City of Roseville California RFP#08-108 GC – 3:3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE
ORDERS. Changes in the Work made necessary by an Emergency, as determined by the Director, or changes of a kind where the extent of the Work cannot be determined until completed, may be authorized by the Director in writing. The Change Order shall state that it is issued pursuant to this Section 3-1.03. Upon receipt of an authorized Change Order or other written order of the Director, the Contractor shall proceed with the ordered Work and the Director will maintain a daily job record containing a detailed summary of all labor, materials and equipment required for the changed Work.
Within fifteen (15) Days after receiving a written request, the Contractor shall submit a detailed estimate of cost for the change and any requested change in Contract Time in the same manner as required for proposed Change Orders in Section 3-1.02 of these General Conditions. 3-1.04 EXECUTED CHANGE ORDER. A Contract Change Order signed by both the Director and the Contractor is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended Overhead, delay or any other “impact” claim or “ripple effect” claim.
The Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for the Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. 3-1.05 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and in its sole discretion:
City of Roseville California RFP#08-108 GC – 3:4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] A. Lump sum. The Contractor and the City may agree on a lump sum amount for the Change Order. At the City’s request, the Contractor will provide pricing for the work. Maximum markups for Contract Change Orders paid for using lump sum pricing shall be paid for in the same manner and in the same amounts as markups for Force Account work, as described in Section 3-1.06 below.
B. Unit Prices. The unit prices set forth in the Contractor’s Schedule of Bid Prices will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than twenty-five percent (25%) from the estimated quantity indicated for such item. No markups will be given for Contract Change Orders paid for using unit prices.
Unit prices for new items included in the Contract Change Order but not included in the original bid shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner as if the work were to be paid for on a Force Account basis, as described in Section 3-1.06 below.
C. Force Account. Where the City and the Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contractor’s bid, or such unit prices are not applicable, the changed work will be performed and tracked by the Contractor as Force Account work, as described in Section 3-1.06 below. The City will pay for such work, including markups, properly attributable to the change in accordance with those Force Account provisions.
D. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety. The City makes no representation that any work under a bid item of Work
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account mark- ups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.
Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Change Order is to be paid for on a Force Account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section. 3-1.06A LABOR. The Contractor will be paid an amount based on the actual cost for the workers (including foremen when authorized by the Director) used in the actual and direct performance of the Work. All labor costs associated with Overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the below mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, shall include employer payments; assessment of benefits required by lawful labor union collective bargaining agreements; compensation insurance payments; contributions made to the State pursuant to the Unemployment Insurance Code; and for taxes paid to the Federal Government pursuant to the Social Security Act of August 14, 1935, as amended. No labor cost will be recognized at a rate in excess of the wages prevailing in the locality at the time the Work is performed, nor will the use of a labor classification, which would increase the cost, be permitted unless the Contractor establishes to the complete satisfaction of the Director the necessity for payment at a higher rate.
3-1.06B MATERIALS. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. Such cost of materials may include the costs of procurement, transportation and delivery if necessarily incurred. If a cash or trade discount by the actual supplier is available to the Contractor, it shall be credited to the City.
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier plus the actual costs, if any, incurred in the
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] handling of such materials. If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided herein, whichever is lower. If, in the opinion of the Director, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to it from the actual supplier within sixty (60) Days after the date of delivery of the materials or within fifteen (15) Days after Acceptance of the Agreement, whichever occurs first, the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required, less any discounts provided herein. The Department reserves the right to furnish such materials required by the Change Order as it deems advisable, and the Contractor shall have no claim for cost or markups on material furnished by the Department. 3-1.06C EQUIPMENT. The Contractor will be paid an amount based on the actual cost for the use of equipment directly required and approved by the Director in the performance of the changed Work. No payment will be made for time while equipment is inoperative due to breakdowns or on Days when no Work is performed. In addition, the rental time shall include the time required to move the equipment to the Work from the nearest available source of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid. Moving time, loading and transportation costs will only be paid if the equipment is used exclusively on the changed Work during the time between move in and move out. Individual pieces of equipment having a replacement value of One Thousand Dollars ($1000) or less shall be considered to be tools or small equipment, and no payment will be made therefore. For equipment owned,
City of Roseville California RFP#08-108 GC – 3:8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] furnished, or rented by the Contractor, no cost therefore shall be recognized in excess of the equipment rental rates published by Caltrans at the following website address:
http://www.dot.ca.gov/hq/construc/equipmnt.html. Equipment located at a Work Site and utilized on non-Force Account work shall not eligible for standby payment, and shall be charged on a Force Account basis only when solely performing pre-approved Force Account work tasks. 3-1.06D MARKUPS. When a Change Order increases the cost of the Work, the Contractor may add the following maximum markups to its actual costs of labor, materials, or equipment rental:
15 percent for labor;
10 percent for materials; and
5 percent for equipment rental.
The above markups include full compensation, covering the costs of all supervision, bonds, profit, Overhead, and other general expenses not specifically designated as a direct cost in Sections 3-1.06A through 3-1.06C above. The total payment (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. The Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended Overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.
When work paid for on a Force Account basis is performed by forces other than the Contractor’s own forces, the maximum allowable mark-ups for the Subcontractors’ costs shall be fifteen percent (15%) for the cost of labor, ten percent (10%) for the cost of materials, and five percent (5%) for the cost of rented equipment. In these situations where the work is being performed by Subcontractors, the Contractor will only be entitled to an additional five percent
City of Roseville California RFP#08-108 GC – 3:9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (5%) mark-up and will not be entitled to receive the additional mark-ups specified in this section.
When a Change Order decreases the cost of the Work, the reduction in cost shall include a five percent (5%) markup on the estimated cost for furnishing the labor, materials and equipment, which would have been used on such Work, had the Change Order not been issued.
When a Change Order involves both added Work and deleted Work, the markup or markups to be used shall be as follows:
The actual costs of labor, materials, and equipment rental for added and deleted Work shall be calculated separately without adding markups. If the difference between the calculated costs for labor results in an increased cost, a markup of fifteen percent (15%) shall be applied to the increased cost. If the difference between the calculated costs of materials or equipment rental results in an increased cost, a markup of ten percent (10%) and five percent (5%) respectively, shall be applied to the increased costs of materials or equipment rental, as the case may be. If the difference between the calculated costs for labor, materials or equipment rental results in a decreased cost, a markup of five percent (5%) shall be applied to the decreased costs of labor, materials or equipment rental, as the case may be.
Contractor shall not add mark-ups on work performed and billed by City staff nor add mark-ups to successive iterations of proposed Change Order cost proposals returned to Contractor by the City due to incomplete or inaccurate information being originally submitted by the Contractor. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. 3-1.06E RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a Force Account basis and the costs of other operations.
City of Roseville California RFP#08-108 GC – 3:10
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City, for each Day’s extra work to be paid for on a Force Account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, Subcontractor, or other forces. The daily extra work reports shall provide names and identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment, and hours operated. Daily extra work and Force Account reports (actual or claimed) shall be signed by both the City’s and the Contractor’s representatives within twenty-four (24) hours of the performance of the work.
Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor’s invoices not be submitted within sixty (60) Days after the date of delivery of the material or within fifteen (15) Days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts.
The City will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City.
The Contractor’s cost records pertaining to Work paid for on a Force Account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the
City of Roseville California RFP#08-108 GC – 3:11
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) Days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) Days’ notice of the time when such audit is to begin.
3-1.07 COST REDUCTION PROPOSALS. The City encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the City, in writing, proposals for modifying the plans, Specifications or other requirements of the Agreement for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The City may consider such Cost Reduction Proposals and, if accepted, the Agreement will be equitably adjusted. The City has no obligation to consider or accept Cost Reduction Proposals.
City of Roseville California RFP#08-108 GC - 4:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 4
CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.
Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.
All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] before Acceptance of the Contract.
Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Contractors for the Work is dated, except as may be otherwise stated.
When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.
The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.
Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.
Whenever a Supplemental Condition, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Director may at his or her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.
When requested by the Director, the Contractor shall furnish, without charge, samples of
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.
A. Inspection and Access for Testing. The Contractor shall provide safe access for the Director and his or her inspectors to adequately inspect the quality of Work and conformance with the General and Supplemental Conditions. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.
The Contractor shall submit samples or specimens of such materials to be furnished or used in the Work as the Director may require. The Contractor shall furnish the Director all necessary labor and facilities for such things as excavation in the compacted fill to depths required to take samples.
Inspections, tests, or favorable review by the Director or others shall not relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.
Work covered without the favorable review or consent of the Director shall, if required by the Director, be uncovered for examination at the Contractor's expense.
If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of
City of Roseville California RFP#08-108 GC - 4:5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.
Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.
It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.
B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.
The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.
Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.
Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.
C. Costs of Testing.
1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.
2. Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent retesting occasioned by the non-compliance shall be performed by the same testing Laboratory and the cost thereof will be deducted by the City from the balance owed the Contractor. Contractor shall be billed for each additional test.
3. Contractor Convenience Testing: Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.
4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all
City of Roseville California RFP#08-108 GC - 4:8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The Department reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Director.
City of Roseville California RFP#08-108 GC - 5:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 5
LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said
City of Roseville California RFP#08-108 GC - 5:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.
A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Sec tion 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.
If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.
In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by the Contractor or Subcontractor.
If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.
2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.
3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.
4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.
Pursuant to the provisions of California Labor Code Section 1773, the City has obtained
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.
These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm , which is
incorporated herein as a part of this Contract.
Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.
Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.
When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract. 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.
A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.
3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.
However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.
E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] obliterated to prevent disclosure of an individual's name, address and social security number.
The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor- management committee reasonable attorneys’ fees and costs incurred in maintaining the action.
An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.
F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.
G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.
Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.
The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.
Prior to Contractor commencing construction project work on City property, Contractor
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:
1. Bloodborne Pathogens Exposure Control Plan;
2. Confined Space Entry Procedure;
3. Electrical Safety Program (Lockout/Tagout);
4. Emergency Action Plans (Site Specific);
5. Fire Prevention Plans (Site Specific);
6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);
7. Hazard Communication Program (SDS’s and Right-to-Know training);
8. Heat Illness & Prevention Plan;
9. Hearing Conservation Program;
10. Hot Work/Welding Procedure;
11. Job Hazard Analyses/Standard Operating Procedures;
12. Traffic Control & Flagging;
13. Excavation/Dig Safe Procedure;
14. Fall Protection Plan;
15. Personal Protective Equipment Plan;
16. Respirable Crystalline Silica Exposure Control Plan;
17. Respirator Program;
18. Soils Management Plan (for contaminated soils); and
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
19. Transite (Asbestos) Pipe Work Procedure.
Additionally, Contractor shall be responsible for complying with all City-wide and departmental specific safety requirements as identified in the Supplemental Conditions or presented at a pre-construction meeting.
Contractor shall inform City in advance of the quantity of chemical(s) to be used for the project and the total quantity of chemical(s) that will be brought onto City property. In addition, Contractor shall provide City with one copy of the Safety Data Sheet (SDS) for each chemical expected to be used to complete the project and for each chemical brought to the Work Site, regardless of whether such chemicals are ultimately used for the project.
The services of the Director in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's Work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site. If a City employee observes a safety violation, the City employee will report the violation to the Contractor who is then responsible for assuring the violation is abated.
The Contractor is hereby informed that Work on this project could be hazardous. The Contractor shall carefully instruct all personnel working in potentially hazardous Work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to Work underground.
All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of Cal/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by its operations.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] To ensure compliance with California Labor Code Section 6705, the Contractor shall submit to the City, at least five (5) Days in advance of excavation of any trench five feet (5’) or more in depth, Working Drawings to the Director showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a registered civil or structural engineer in the State of California. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's Subcontractors and nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to Contractor who shall be responsible for the successful construction of the Work. The City shall approve Working Drawings before any Work involving such drawings is performed. Approval and/or acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and its registered engineer.
The Contractor shall perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or non- hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.
For purposes of this section only, the term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.
The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.
Contractors or Subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements including, but not limited to, California Code of Regulations Section 1529, Title 8.
Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and Install the higher standards called for without extra charge. 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION. The Contractor shall contact the regional notification center, “Underground Service Alert,” and schedule its Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, the Contractor’s attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2. 5-1.09 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs, and other devices and take such other protective measures as are
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.
The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State, and local laws and regulations, rules, and orders. The Work shall be done in a safe manner; and the Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. The Contractor shall also be reasonable for ensuring that its Subcontractors comply with the provisions of this section.
Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied.
The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.
When required by the Contract Documents, the Contractor shall construct, maintain, and remove detours for use of public traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.
Due care shall be exercised to avoid injury to existing improvements or facilities, utility
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and Install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work Site, or as good as required by the Contract Documents if any such objects are part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement.
The fact that any underground facilities is not shown on the Contract Drawings shall not relieve the Contractor of its responsibility pursuant to “Utility Facilities” in Section 2-1.12 elsewhere in the Contract Documents. It shall be the Contractor’s responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of its operations.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 5-1.10 EMERGENCIES. In an Emergency affecting the safety of life, the
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.
It is State and City policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards. 5-1.12 FAIR LABOR STANDARDS ACT. Attention is invited to the fact that the City has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in construction Work are required to meet the provisions of the Fair Labor Standards Act of 1958 and as amended (52 Stat. 1060).
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.13 WORKERS' COMPENSATION. Pursuant to the requirements of Labor Code Section 1860, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Labor Code Section 3700.
Prior to the commencement of Work, the Contractor shall sign and file with the Director a certification in the following form:
“I am aware of the provisions of Labor Code Secti on 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 I will comply with such provisions before commencing the performance of the Work of this Contract.”
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statues, specified in Government Code Section 11017.
In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the applicable Air Quality Management District. All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.
Unless otherwise provided in the Supplemental Conditions, material to be disposed of shall not be burned, either inside or outside the Premises.
The Contractor shall also comply with all rules, regulations, statutes and ordinances
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601, 40 C.F.R. Part 61, Subpart M, and California Code of Regulations Section 1529, Title 8.
If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease Work and notify the City. 5-1.15 USE OF PESTICIDES. The Contractor shall comply with all local, state and federal rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the Work.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weed, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS. The
Contractor shall comply with all local sound control, light control, and noise level rules, regulations and ordinances which apply to any Work performed pursuant to the Contract. Work shall not begin before 7 a.m. nor occur after 7 p.m., unless otherwise permitted by the City.
Each internal combustion engine, used for any purpose on the Work or related to the Work, shall be equipped with a muffler, in good working order, of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] muffler.
5-1.17 WEIGHT LIMITATIONS. Unless expressly permitted elsewhere in the Contract Documents, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code over completed or existing base, surfacing, pavement or structures. 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION
MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS. The Department will obtain all environmental clearances and other authorizations necessary for this project as set forth in the Contract Documents. The Contractor shall comply with the provisions, including giving notices during construction when required, of said authorizations. In the event the obtaining of said authorizations delays completion of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
Contractor shall comply with: (1) all mitigation identified in the mitigation monitoring program (attached to and adopted as a component of the mitigated negative declaration or Environmental Impact Report) to mitigate impacts to protected natural resources; and (2) all related permit requirements issued by the regulatory agencies authorizing the project. Contractor shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any fines, claims, suits, actions or regulatory sanctions of every name, kind and description brought forth, or on account of, damage to protected natural resources from or arising out of Contractor’s negligence or willful misconduct in the performance of this Agreement. 5-1.19 PERMITS AND LICENSES. The Contractor acknowledges and agrees that, prior to the submission of its bid for the Work, it fully familiarized itself with the
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] requirements of all applicable federal, state, county and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.
The Contractor shall procure all permits and licenses, including any applicable building permits (except those procured or to be procured by the City which are listed elsewhere in the Contract Documents), in coordination with the Director, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the Work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. Contractor will apply to the City for reimbursement for such permits costs.
Accordingly, Contractor should not include the anticipated costs for permits in its bid, as the necessary permit costs will be reimbursed by the City.
The California Environmental Quality Act (Public Resources Code, Section 21000 to 21177) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.
The Contractor shall maintain the applicable Contractor’s license as identified in the Notice to Contractors and City business license for the duration of the Work. 5-1.20 WATER POLLUTION. The Contractor shall comply with all water pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any water pollution control rules, regulations, and statutes, specified by the most current State of California NPDES General Permit for Stormwater
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Discharges Associated with Construction Activity.
The Contractor shall take all necessary precaution to protect streams, vernal pools, ponds, reservoirs, and lakes from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials as consistent with the law. Also, the Contractor shall conduct and schedule operations so as to avoid discharging pollutants, such as but not limited to: sediment and silt to the storm drain system. The storm drain system consists of all facilities that are designed to convey stormwater to the Waters of the State as defined in the California Water Code. The storm drain system includes, but is not limited to, all streets, gutters, drain inlets, roadside ditches, streams, vernal pools, ponds, and lakes. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.
5-1.21 PROTECTION AND USE OF PROPERTY. The Contractor shall be responsible for and provide and maintain all proper temporary walkways, covered walkways, barriers, roads, guards, railings, lights, warning signs, and take precaution at all times to avoid injury or damage to any person or any property, and upon completion of the Work, or at other times as directed, restore Premises and adjacent property to a proper condition. In the event of such injury or damage, Contractor shall report such injury and damage to City within forty-eight (48) hours of occurrence.
The Contractor shall protect adjoining property and nearby buildings, including City buildings, City roads, and public streets or roads, from dust, dirt, debris, or the nuisance arising out of the Contractor's operations or storage practices, and, if ordered by the Director, the Contractor shall provide and Install suitable safeguards, approved by the Director, to protect such objects from damage. If such objects are damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] If the Contractor damages any buildings, roads, utilities, or other property which belong to the City, or any Department or agency thereof, then the Director, at his or her option, may retain from the money due under the Contract an amount sufficient to insure repair of the damage.
The Director may make or cause to be made such temporary repairs as are necessary to restore to service any such damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due the Contractor under the Contract.
5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION.
The City of Roseville, its officers, agents, employees, and volunteers, including but not limited to the Director and his or her designee, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, its workers, or anyone employed by the Contractor or the Contractor's Subcontractors.
The Contractor shall be responsible for any liability imposed by law and for injuries to, or death of, any person including, but not limited to, workers and the public, or damage to property resulting from defects or obstructions, or from any cause whatsoever during the progress of the Work or at any time before its completion and final Acceptance.
To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save and hold harmless the City, and its respective officers, agents, Subcontractors, employees, and volunteers, and the successors and assigns of
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] any of them, (hereinafter referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including but not limited to, personal injury, property damage, or economic loss, arising out of or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by the Contractor; (2) the Contractor’s performance of the Work under the Agreement; or (3) the Contractor’s breach of any provision of the Agreement. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Civil Code Section 2778. The only exception to these provisions is that the Contractor’s obligations under this section will not apply to the extent that the claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees, misconduct, criminal acts, or for defects in design furnished by the Indemnitees.
The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.
The Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Contract for the full period of time allowed by law. The defense and indemnity obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. The parties intend that the defense and indemnity obligations in this Contract shall be broadly construed.
Any person, firm or corporation that Contractor authorizes to Work on the City’s property including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of the Contractor’s indemnity obligation described herein.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Department may be retained by the City until disposition has been made of such suits or claims for damages.
The retention of money due the Contractor shall be subject to the following:
A. The City will give the Contractor thirty (30) Days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.
B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 7-1.07, “Progress Payments,” of these General Conditions.
C. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with matter for which such retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 5-1.23 INSURANCE COVERAGE.
A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall
City of Roseville California RFP#08-108 GC - 5:27
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.
C. Insurance Required.
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, cross- liability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.
5. Builder’s Risk/Course of Construction Insurance (If Required by Risk Management): The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards
City of Roseville California RFP#08-108 GC - 5:30
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.
7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.24 OTHER INSURANCE PROVISIONS.
A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by Contractor under the Contract.
Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability 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. 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 California Insurance Code Section 11580.04.
E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and self- insured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured
City of Roseville California RFP#08-108 GC - 5:33
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and private agencies may be granted a right-of-entry by the City for the purpose of constructing
City of Roseville California RFP#08-108 GC - 5:34
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] facilities within and adjacent to the Work Site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the City’s property.
During performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The City may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two (2) or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by its operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.
If any party of the Contractor’s Work depends on the work of any other contractor and/or the City for proper execution and/or results, the Contractor shall promptly notify the City of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor’s own Work. If it becomes necessary, the City will resolve coordination and access problems.
The Contractor and its representative in charge of the Work shall familiarize themselves with the City’s property and Work Site, and adjacent surroundings in the vicinity of said Wok, and any private or public operations on adjoining properties. 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO
ACCEPTANCE. The City may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be substantially complete. Unless the reason for the City’s taking Beneficial Occupancy is that the Contractor has not completed the Work (or portions thereof) in accordance with the Contract
City of Roseville California RFP#08-108 GC - 5:35
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Time, the City’s Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the City has taken Beneficial Occupancy other than that resulting from the Contractor’s act or omission, negligence, willful misconduct or breach of warranty.
Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the City shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, the Contractor shall not be entitled to any additional compensation on account of said occupancy by the City, nor shall the Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor’s obligation to complete the Work in accordance with the Construction Schedule.
Beneficial Occupancy shall not be deemed an Acceptance by the City either of the Work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective Work or materials found at any time before the formal written Acceptance of the entire Contract by the Director or during the full warranty period after such Acceptance, as provided in Section 7-1.12, “Warranty,” of these General Conditions.
The City’s Beneficial Occupancy shall not relieve the Contractor of its responsibility to maintain all insurance and bonds required under the Contract Documents until the entire project is accepted by the City.
5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT. If, after Installation, the operation or use of the facilities or equipment to be furnished under this Contract proves to be unsatisfactory to the Director, the City shall have the right to operate and use such facilities or equipment until they can, without damage to the City,
City of Roseville California RFP#08-108 GC - 5:36
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:
A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.
B. Occupancy and use by the Department or the public prior to the completion of the entire project.
C. Acts of the Federal Government or the public enemy.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.30 RESPONSIBILITY FOR UTILITIES. The Contractor shall be responsible at its own cost for any and all Work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the Work, including without limitation, repair of any or all damage and all hand or exploratory excavation required.
The Contractor is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and when working or excavating in the vicinity of such cables, or the ducts enclosing such cables, the Contractor shall undertake at its own cost any special precautions required. Suitable warning signs, barricades, and safety devices shall be erected as necessary or required.
However, if during the course of the Work the Contractor encounters utility Installations which are not shown or indicated in the Contract Documents or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then the Contractor shall promptly notify the Director in writing. Where necessary for the Work of the Contract, the Director shall issue a written order to the Contractor to make such adjustments, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. The Contractor shall perform the Work described in such written order, and compensation therefor will be made in accordance with Section 3 of these General Conditions relating to changes in the Work. Except for the items of cost specified in said Section 3, the Contractor shall receive no compensation for any other cost, damage, delay, interference, or hindrance to him or her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions for the Director, then the Contractor shall be liable for any or subsequent to discovery thereof, and the Contractor shall repair and make good such damage at its own cost.
City of Roseville California RFP#08-108 GC - 5:38
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.
The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least forty- eight (48) hours in advance.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability arising under or by virtue of the Contract.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor 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.
Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), 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 awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or
2. Replace such materials, equipment, devices, processes; or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:
A. The Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.
B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.
C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 CONTRACTOR REGISTRATION. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, the Contractor and its subcontractors shall have a continuing legal obligation to maintain current
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.
To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor.
SECTION 6
PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.
Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.
The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.
Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.
The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 6-1.03 BEGINNING OF WORK. After the execution of the Contract by both parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.
The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Documents regarding, among other things, the submittal of Baseline Schedule, and shall diligently prosecute the same to completion within the time limit provided in the Supplemental Conditions. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents.
The Contractor shall notify the Director, in writing, of its intent to begin Work at least seventy-two (72) hours before Work is begun. The notice shall be delivered to the Director and shall specify the date the Contractor intends to start. If the project has more than one (1) location of Work, a separate notice shall be given for each location.
The Contractor is not authorized to perform any Work until it has received a Notice to Proceed from the City. Should the Contractor begin Work in advance of receiving notice that the Contract has been approved as above provided, any Work performed by it in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer unless said Contract is so approved thereafter. 6-1.04 PROGRESS SCHEDULE.
A. Preliminary Progress Schedule. The Contractor shall submit to the Director, within twenty (20) Days after date of the Notice to Proceed, a Preliminary Progress Schedule covering the Contractor's activities over the first three (3) months of operation in detail and the remainder of the project in summary. The Preliminary Progress Schedule shall schedule the project within the Contract Time for completion of the Work, and shall be subject to favorable review by the Director.
B. CPM Schedule. The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Director within thirty (30) Days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter. The
City of Roseville California RFP#08-108 GC - 7:5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] requirement for the CPM schedule is included to allow for adequate planning and execution of the Work, to determine the critical nature of delays, and to assist the Director in appraising the reasonableness of the proposed schedule and evaluating progress of the Work. The CPM schedule submitted under this Section shall utilize a CPM format, either the precedence or arrow diagramming method. The definitions of CPM terms and functions shall be as provided in the Associated General Contractors of America book CPM in Construction, A Manual for General Contractors, or a favorably reviewed alternative publication or reference. No progress payment will be made prior to submission and acceptance of the CPM Schedule.
1. The CPM schedule system shall consist of diagrams and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and an entire project summary. Diagrams shall show the order and interdependence of activities and sequence in which the Work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. Detailed network activities shall include, in addition to construction activities, the submittal and favorable review of samples of material and Shop Drawings, the procurement of critical materials and equipment, fabrication of special material and equipment, and their Installation and testing. All activities of the City and the Director that affect progress and required Contract dates for completion of all or parts of the Work shall be shown. The selection and number of activities shall be subject to favorable review by the Director. Summary networks shall be time scaled. Durations shall be in Days and shall not exceed fifteen (15) Days, except for submittal and delivery items. Where the duration of continuous Work exceeds fifteen (15) Days, Work items in the Construction Schedule shall be subdivided by location,
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] approximate stationing or other sub-element of the Work.
The graphic network diagram shall include for each activity, the description, activity number, the estimated duration in Days, and all activity relationship lines.
The network diagram shall be drawn for the early start of activities. All significant Submittals shall be scheduled along with manual Submittals and training on all large or critical pieces of equipment. If the precedence technique is utilized, the schedule project shall include a calendar in Work Days, a network report sorted by early start and a logic table report sorted by preceding Work item. If the arrow technique is utilized, the schedule report shall include a calendar in Work Days, a network report sorted by early start, a network report sorted by I-J numbers, and a network sorted by slack time and I-J numbers.
2. The critical path shall be shown on all reports and on the graphic network diagram. The activities which constitute the critical path shall be identified.
3. The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information shall be furnished as a minimum for each activity:
(a) preceding and following event numbers
(b) activity description and number
(c) estimated duration of activities
(d) earliest start date (by calendar date)
(e) earliest finish date (by calendar date)
(f) actual start date (by calendar date)
(g) actual finish date (by calendar date)
(h) latest start date (by calendar date)
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed
4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.
5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be retained by the Director.
6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.
C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.
D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:
1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.
2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.
3. When the schedule does not represent actual prosecution and progress of the Work.
4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.
5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] with its proposal.
E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director. 6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall immediately comply with the written order of the Director to suspend the Work wholly or in part. The suspended Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Director.
Any stoppage of work under this section shall be at the Contractor’s sole expense, and the Contractor shall have no claim against the City based on the Contractor’s failure to perform the Work in accordance with the Contract Documents.
In addition to the City’s right to stop Work, the City may order the Contractor to submit to the City at no additional cost to the City, additional information concerning Contractor’s planned Work if the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of Submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.
In the event the City discovers that the Contractor has created an unsafe condition the City may arrange for other work forces to remedy the condition. Such remedial work shall be at the sole discretion of the City. If this action is required, the City may unilaterally terminate Work under the Contract, and will pay only for the quantities of Work actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required to correct unsafe conditions.
The right of the City to suspend the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Contract Documents.
In the event of a suspension of Work under any of the conditions set forth in this Section 6-1.06, such suspension of Work shall not relieve the Contractor of its legal responsibilities as set forth in these General Conditions.
6-1.07 TIME OF COMPLETION. The Contractor shall complete the entire Work, including Installation, repairs, startup, troubleshooting, painting, and touchup, training, submittal or record drawings, and manuals, cleanup, demobilization, and all other Work within the number of Days set forth in the Supplemental Conditions. The time for completion includes an allowance for working time lost due to normal inclement weather.
Extensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:
A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.
B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately preceding five (5) years of record by at least two inches (2”).
Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] affected by such unusual weather. A claim for delay due to unusual inclement weather shall be filed within ten (10) Days of the apparent end of the unusual inclement rainfall period, whether or not the monthly totals are available at that time. The burden of proof that weather meets the criteria for unusual weather shall be solely the responsibility of the Contractor.
It is the responsibility of the Contractor to order materials required for the Work properly and promptly on a Notice to Proceed. If evidence presented demonstrates that, in spite of the Contractor's efforts, government-established priorities controls delay material deliveries, suitable extension of time will be made.
If performance of extra Work ordered by the City or failure of the City to provide the necessary site for Installation affects construction tasks which are “controlling” or which are on the “critical path” of the Construction Schedule, suitable extensions of time will be made.
The Contractor shall not be entitled to a time extension for delays in activities on non-critical paths of the favorably reviewed schedule unless the duration of the excusable delay exceeds the total float of the activities being delayed. If the duration of an excusable delay does exceed the total float of the activities affected by the delay, the Contractor shall be entitled to an extension equal to the difference.
C. Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Director. 6-1.08 LIQUIDATED DAMAGES. It is agreed by the parties to the Contract that in case all the Work called for under the Contract in all parts and requirements is not completed within the number of Days as set forth in the Supplemental Conditions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the monetary amount indicated in the Supplemental Conditions in dollars (U.S.) per day for each and every calendar day of delay in completing the Work in excess of the number of Days prescribed and the number of additional calendar days, if any, authorized by Contract Change Order; and the Contractor agrees to pay said Liquidated Damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.
It is further agreed that in case the Work is not finished and completed in all parts and requirements within the number of Days specified, the City shall have the right to increase the number of Days or not, as it may deem best to serve the interest of the City, and if it decides to increase the said number of Days, it shall further have the right to charge to the Contractor, its heirs, assigns or sureties and to deduct from the final payment for the Work all of any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other Overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that cost of preparation of final statement shall not be included in such charges.
6-1.09 DELAYS AND EXTENSIONS TO THE WORK. The Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof) beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below),
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in the Work” under Section 3 of these General Conditions or acts or neglect of the City not contemplated by the Contract Documents.
In all cases, any extension of time is conditioned on the following:
1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent and minimize the effects thereof; and
2. That the Contractor notifies the Director in writing within three (3) Days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.
No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that it has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, as acceptable to the Director, that the inability to obtain such materials when originally planned did in fact cause a delay in Final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the City that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] No extension of time will be granted for a delay caused by Contractor’s staff turnovers, understaffing or insufficient quantity of qualified staff able to perform the necessary work.
The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents.
No extensions of time will be granted for delays that have no measureable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of Days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.
Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.
Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal Weather” occurs when the number of days of rain above 0.5 inches in a 24 hour period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. The Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by the Contractor or those for whom the Contractor is
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] responsible, the Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.
In addition, before a time extension may be granted for abnormal weather, the Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonably methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.
In the event that the project experiences favorable weather for a particular month (e.g., the number of actual rain days in a month less than that indicated above for allowable rain days per months), the additional float resulting from such favorable weather shall accrue to the project.
Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements:
1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.
2. The delay was caused solely by the City’s issuance of changes made pursuant to the provisions of “Changes in the Work” under Section 3 of these General Conditions or by acts or neglect of the City.
3. The delay was unreasonable under the circumstances and not within the contemplation of the parties.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] It is expressly understood and agreed that delays caused by the City will be non- compensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.
Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:
1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these General Conditions, no payment will be made for delays in accordance with the provisions of this section.
Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of personnel will be determined pursuant to Section 3-1.06A, “Force Account Payment – Labor,” of these General Conditions. No markup will be added in either case for Overhead and profit.
The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to “Changes to the Work” elsewhere in the Contract Documents. 6-1.10 TERMINATION.
6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF
CITY. The Department reserves the right to terminate the Contract at any time and for any reason if the Director determines that to do so would be in the best interest of the City. Any termination which is not based on the circumstances set forth in Section 6.1-10B below shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.
Upon the Contractor’s receipt of a written Notice of Termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 6-1.10B below.
1. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
a. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Director certifies that such materials have been stored in the manner and at the locations he or she has directed.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
c. When the Director determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, the Contractor will recommend that the City formally accept the Work, and immediately upon and after such Acceptance by the City, the Contractor will not be required to perform any further Work thereon and shall be relieved of its contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the City.
2. The total compensation to be paid to the Contractor shall be determined by the Director on the basis of the following:
a. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven percent (7%) of Direct Costs of such Work.
b. A reasonable allowance for profit on the cost of the Work performed as determined under subsection (a), provided the Contractor establishes to the
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfaction of the Director that it is reasonably probable that it would have made a profit had the Contract be completed and provided further, that the profit allowed shall in no event exceed four percent (4%) of said cost. c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the Department or otherwise disposed of as directed by the Director.
d. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's Subcontractors, necessary to determine compensation in accordance with this Section, shall be open to inspection or audit by representatives of the Department at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.
After Acceptance of the Work by the Director, the Director may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
In the event that the City terminates this Contract under Section 6-1.10B below and it is determined for any reason that there was not sufficient cause to do so, the City’s termination automatically will convert to a termination for convenience under this section and the terms and conditions outlined in this section automatically will be applied to effectuate the Contract
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.
The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Contract without approval of the City; or
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor
City of Roseville California RFP#08-108 GC - 7:23
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] thereafter shall cure the default as soon as possible and in no event after ten (10) Days from the Contractor’s receipt of the City’s written notice.
If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof.
Upon the City’s election to terminate the Contract, or portion thereof, the City shall have the right to complete the Work, or portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor’s materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City’s sole judgment, best accomplish such completion.
The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due. When the City terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.
The City will issue to the Contractor a written notice specifying that the Contract, or
City of Roseville California RFP#08-108 GC - 7:24
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Agreement;
2. Perform Work the City deems necessary to secure the Work Site for termination including measures to leave the Work Site in a safe condition;
3. Remove equipment from the site of Work, as specified by the City;
4. Take such action as is reasonably necessary to protect materials from damage;
5. Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City;
6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from Suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;
7. Dispose of materials not used in the Work as directed by the Director. It shall be the Contractor’s responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such materials;
8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontractors or orders for materials terminated hereunder.
To the extent directed by the City, the Contractor shall assign to the City all rights,
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with the Contractor for the Work;
9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Agreement; and
10. Take such other actions as the City may direct.
If only a portion of the Work has been terminated, the Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.
The City may recover from the Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of the Contractor’s default.
City of Roseville California RFP#08-108 GC - 7:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 7
ACCEPTANCE AND PAYMENT
7-1.01 ACCEPTANCE. When the Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and completion of all punch list and clean- up items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:
1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or
2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or
3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.
If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and accepted the Work by Resolution of the City Council or by written
City of Roseville California RFP#08-108 GC - 7:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] notification from the Director. Immediately upon such Acceptance, the Contractor shall be relieved of the duty of maintaining the Work as a whole.
All warranties commence upon final Acceptance of the Work. The City’s final Acceptance of the Work shall not be construed as an acceptance by the City of any latent defects discovered with regard to the Contractor’s work. Furthermore, Contractor’s obligations under Section 5-1.22 “Responsibility for Damage and Indemnification” shall still remain applicable after the City’s grant of final Acceptance of the Work.
Prior to final Acceptance, the Contractor shall submit to the City the Record Documents and Operation and Maintenance Manuals as specified in the Contract Documents. 7-1.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the Director and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as provided in the Contract; and for completing the Work according to the Contract. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.
No compensation will be made in any case for loss of anticipated profits. 7-1.03 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any act or failure to act by the City,
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless the Contractor has given the City due written Notice of Potential Claim as hereinafter specified, provided, however, that compliance with this Section 7-
1.03 shall not be a prerequisite as to matters within the scope of the notice provisions in Section 6-1.07, “Time of Completion,” or the notice provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within seven (7) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.
If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed.
Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.
If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be
City of Roseville California RFP#08-108 GC - 7:4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] governed by all applicable provision of the Agreement.
The Contractor shall maintain cost records of all Work that is the basis of any dispute.
On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.
These daily forms shall itemize all of Contractor’s costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of the Contractors’ daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of the Contractor’s right to claim any additional compensation for the disputed work.
Each Contractor claim shall include full and complete information concerning the Claim.
Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.
The City will review any timely Notice of Potential Claim and supporting information
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.
If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these General Conditions, including but not limited to Section 7-1.04.
It is the intention of this Section 7-1.03 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 7-1.04 CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) Days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time
City of Roseville California RFP#08-108 GC - 7:6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] specified herein, such Claim shall be deemed rejected in its entirety.
Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement.
If the Contractor disputes the City’s written response, or if the City does not respond within the time specified herein, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within thirty (30) Days for settlement of the dispute.
Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 7-1.05 below.
7-1.05 DISPUTE RESOLUTION PROCEDURE. All Claims not resolved
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] pursuant to Section 7-1.04, shall be resolved pursuant to Public Contract Code Section 10240, et seq.
7-1.06 STOP PAYMENT NOTICES. The City, by and through the Department or other appropriate office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Civil Code Section 9350, et seq., including an amount to provide for the reasonable cost of any litigation thereunder. 7-1.07 PROGRESS PAYMENTS. Within fifteen (15) Days after the effective date in the Notice to Proceed, but in any event prior to Contractor’s first Application for Payment, the Contractor shall submit to the City a detailed Schedule of Values.
Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum bid item. The City, prior to any progress payment being made, must approve the Schedule of Values.
At the Director’s discretion the approved Schedule of Values may be used as the basis for calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the Director. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Director’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 3-1.05(B), “Contract Price Adjustment,” of these General Conditions.
The Contractor once in each month shall submit an Application for Payment, for approval by the Director. Contractor’s Applications shall be based on the Schedule of Values submitted to the City. These applications shall be supported by: (1) documentation requested by the City to
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] substantiate the payment request; (2) statutory releases from Contractor and all Subcontractors and suppliers pursuant to Civil Code Sections 8132 and 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of the payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for purpose of evaluating the application.
The City will pay the Contractor within thirty (30) Days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) Days of its receipt of the Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for the rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
The City may deduct the following from each progress payment:
1. An amount equal to one hundred and twenty-five percent (125%) of the amount claimed under any stop payment notice or other lien filed against the Contractor, which includes an amount to provide for the reasonable cost of any litigation
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] thereunder.
2. Any Liquidated Damages or Assessments that have accrued as of the date of the Application for Payment.
3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.
4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Contract including damages to the City’s property.
5. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
No such estimate or payment shall be construed to be an acceptance of any defective Work or improper materials.
Under no circumstances will the City make payment to unlicensed Contractors. As a condition of payment, the Contractor is required to maintain the applicable Contractor’s license as identified in the Notice to Contractors for the duration of the Work. 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.
Partial payments may be made to the extent of seventy-five percent (75%) of the cost of materials and equipment plus delivery to be incorporated in the Work, provided that such materials and equipment meet the requirements of the Contract Documents and are delivered to acceptable sites on the plant site or at other sites in the vicinity that are acceptable to the City and only with the prior written approval by the City. Such delivered costs of stored or stockpiled materials and equipment may be included in the next progress payment after the following conditions are met:
A. Equipment and materials will only be eligible if given conditional or final
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Acceptance by the Director and are in apparent compliance with favorably reviewed Submittals.
B. Only equipment or materials which have received favorable review of Shop Drawings will qualify.
C. The material or equipment has been stored or stockpiled adequately protected against damage in a manner acceptable to the Director at an approved site.
D. The Contractor has furnished the Director with acceptable evidence of the quantity and the quality of such stored or stockpiled materials or equipment with identification of where they will be incorporated into the project with Specification reference.
E. The Contractor has furnished the Director with satisfactory evidence that the material or equipment and transportation costs have been paid.
F. The Contractor has furnished the City legal title (free of liens or encumbrances of any kind) and lien releases to the material or equipment so stored or stockpiled.
G. The Contractor has furnished the City evidence that the material or equipment so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work.
It is understood and agreed that the transfer of title and the City payment for such stored or stockpiled materials or equipment shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials or equipment in accordance with the requirements of the Contract Documents.
In no case will the amount of progress payments for materials or equipment on hand exceed the Contract Price for such materials or equipment or the Contract Price for the Contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] materials.
The Contractor shall bear all costs associated with the progress payment of stored or stockpiled materials or equipment in accordance with the provisions of this Section. 7-1.09 RETENTION ON PROGRESS PAYMENTS. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City. The remainder, less any deductions described in Section 7-1.07, “Progress Payments,” of these General Conditions, will be paid to the Contractor as progress payments.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:
1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.
2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.
3. Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code section 22300.
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
4. The Contractor shall obtain the written consent of the surety to such agreement.
7-1.10 FINAL PAYMENT. Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of Section 7-1.01, “Acceptance,” of these General Conditions. Before final payment can be made, the Contractor shall have furnished the City with the following:
1. All Record Documents, catalogues, instruction sheets and information as required by the Contract Documents.
2. Conditional Waivers and Releases Upon Final Payment executed by Contractor and all Subcontractors and Suppliers, as provided by Civil Code Section 8136. Unconditional Waivers and Releases Upon Final Payment, as provided in Civil Code Section 8138, executed by Contractor and all Subcontractors and Suppliers, must be provided for all Subcontractors and Suppliers that have been paid in full.
Within thirty (30) Days of the date of the City’s Acceptance of the Work, the Contractor shall prepare and submit a Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for actual quantities of the Contract items of work constructed in accordance with the Contract Documents.
The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) Days thereafter, the Contractor
City of Roseville California RFP#08-108 GC - 7:13
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approval Final Invoice.
If agreements are reached on all questions regarding the Final Invoice, the City will pay the entire sum found due on the approved application. However, the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350, et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
Final payment will be made within thirty (30) Days after receipt of an approved Final Invoice and other required Submittals referenced above or within sixty (60) Days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved Final Invoice has not been submitted within sixty (60) Days after Acceptance of the Work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. Notwithstanding the foregoing, if a Notice of Completion is recorded, final payment shall not be made prior to the expiration of the thirty-five (35) calendar day lien period. The start of this lien period is the date the Placer County Recorder’s Office records the Notice of Completion.
The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.
The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under the Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from:
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
1. Unsettled or future liens;
2. Failure of the Work to comply with the requirements of the Contract Documents;
3. The terms of any warranties required by or contained in the Contract Documents;
4. The right to any insurance proceeds or the right to make any insurance or bond claims;
5. Any claims with respect to Contractor’s obligations of indemnity with respect to claims asserted by third parties; or
6. Any latent deficiencies with the Work or Contractor’s fraud. 7-1.11 CLERICAL ERRORS. Notwithstanding the provisions of Section 7-
1.10, “Final Payment,” of these General Conditions, for a period of three (3) years after Acceptance of the Work, all estimates and payments made pursuant to said Section 7-1.10, are subject to correction for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 7-1.11, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
7-1.12 WARRANTY. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor hereby unconditionally guarantees that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in workmanship and materials and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
City of Roseville California RFP#08-108 GC - 7:15
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
The Contractor hereby agrees to repair or replace any and all Work, together with any other adjacent Work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material during the greater of a period of one (1) year after Acceptance of the Work by the City or the period specified in the Special Conditions, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.
The Contractor further agrees, that within ten (10) Days after being notified in writing by the Department of any Work not in accordance with the requirements of the Contract Documents or of any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of this warranty, and to complete such Work within a reasonable period of time. In the event Contractor fails to comply, it does hereby authorize the Department to proceed to have such Work done at the Contractor's expense and the Contractor will honor and pay the cost and charges therefore upon demand. The Department shall be entitled to all costs and expenses, including reasonable attorneys’ fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.
All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a
City of Roseville California RFP#08-108 GC - 7:16
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 7-1.13 WARRANTY OF TITLE. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment Installed or incorporated in the Work and agrees upon completion of all Work to deliver the Premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the Premises or any improvement or appurtenances thereon. Provided, that this shall not preclude the Contractor from Installing metering devices and other equipment of utility companies, the title of which is commonly retained by the utility company. In the event of the Installation of any such metering device or equipment, the Contractor shall advise the City as to the legal owner thereof. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City.
City of Roseville California RFP#08-108 GC - 7:17
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
City of Roseville California RFP#08-108 AB 626-1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.
Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.
This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.
This bill would require a public entity, defined to exclude certain state entities, upon receipt
City of Roseville California RFP#08-108 AB 626-2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.
This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.
This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
By increasing the duties of local agencies and officials, this bill would impose a state- mandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution
City of Roseville California RFP#08-108 AB 626-3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] process.
This bill would specify that these provisions constitute a matter of statewide concern.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 9204 is added to the Public Contract Code, to read:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) ”Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for
City of Roseville California RFP#08-108 AB 626-4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) ”Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) ”Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) ”Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
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Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made
City of Roseville California RFP#08-108 AB 626-6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but
City of Roseville California RFP#08-108 AB 626-7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
City of Roseville California RFP#08-108 AB 626-8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 2.
City of Roseville California RFP#08-108 AB 626-9
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SECTION 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
City of Roseville California RFP#08-108 SC - i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SUPPLEMENTAL CONDITIONS
Project: Aquifer Storage and Recovery Well Drilling:
Campus Oaks (Well 13) and Misty Wood (Well 19)
Table of Contents for Special Provisions
SC
Scope of Supplemental Conditions 1
Section 1: Definitions and Terms 2
Section 2: Control and Scope of the Work 3
Section 3: Changes in the Work 4
Section 4: Control of Materials 5
Section 5: Legal Relations and Responsibility 6
Section 6: Prosecution and Progress 7
Section 7: Acceptance and Payment 8
City of Roseville California RFP#08-108 SC - 1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Scope of Supplemental Conditions
1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.
COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678
SPECIFICATIONS FOR COMMERCIAL CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747
PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678
X
DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us
2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.
City of Roseville California RFP#08-108 SC - 2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:
The Department for Contract Administration is the Environmental Utilities Department of the City of Roseville.
City of Roseville California RFP#08-108 SC - 3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:
The time allowed for review of each submittal is (10) ten Days after receipt of the submittal by the Director.
City of Roseville California RFP#08-108 SC - 4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.
City of Roseville California RFP#08-108 SC - 5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.
City of Roseville California RFP#08-108 SC - 6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:
To the best of the City's knowledge, asbestos is not__ present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.
City of Roseville California RFP#08-108 SC - 7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:
Progress schedules showing project completion dates more than _30_ Days earlier than specified in Section 6-1.07 shall be rejected.
6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:
The Contractor shall begin Work within _21_ business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within _181_ business days of the Notice to Proceed.
If landscaping plants require an establishment period, that period will be _60_ calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:
The amount of Liquidated Damages is the sum of $1,500.00___ per Day.
City of Roseville California RFP#08-108 SC - 8
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 7: ACCEPTANCE AND PAYMENT
Section 7-1.02 of the General Conditions is amended to include the following:
Unless special payment is specifically provided in the Measurement and Payment Section, all incidental work and expense in connection with the Completion of Work Under the Contract will be considered a subsidiary obligation of the Contractor and all such costs shall be included in the appropriate items in the Schedule of Bid Items in connection with which costs are incurred.
[END OF SUPPLEMENTAL CONDITIONS]
City of Roseville California RFP#08-108 SP - i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SPECIAL PROVISIONS
Table of Contents for Special Provisions
SP
Section 1: American Iron and Steel Requirement 1
Section 2: Governor’s Executive Order N-6-22 (EO) 2
City of Roseville California RFP#08-108 SP -1:1
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1. AMERICAN IRON AND STEEL REQUIREMENT
American Iron and Steel Requirement
P.L. 113-76, Section 436
P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an “American Iron and Steel (AIS)” requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works.
The Act states:
Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ‘‘Administrator’’) finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.
The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.
City of Roseville California RFP#08-108 SP -1:2
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (d) This section shall be applied in a manner consistent with United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.
(f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act.
The following guidance excerpt has been provided from EPA:
Complete guidance may be downloaded from: https://www.epa.gov/cwsrf/state-revolving-fund- american-iron-and-steel-ais-requirement
Covered Iron and Steel Products
11) What is an iron or steel product?
For purposes of the CWSRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works:
Lined or unlined pipes or fittings; Manhole Covers;
Municipal Castings (defined in more detail below); Hydrants; Tanks;
Flanges;
Pipe clamps and restraints; Valves;
Structural steel (defined in more detail below); Reinforced precast concrete; and Construction materials (defined in more detail below).
12) What does the term ‘primarily iron or steel’ mean?
‘Primarily iron or steel’ places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs.
13) Can you provide an example of how to perform a cost determination?
For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and the cost then would include the pouring and casting to create those components.
The other material costs would include non-iron and steel internal workings of the fire hydrant (i.e., stem, coupling, valve, seals, etc.). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States (US) provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed in a later question.
City of Roseville California RFP#08-108 SP -1:3
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
14) If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US?
The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non-listed item can be sourced from outside the US.
15) What is the definition of steel?
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, alloy steel, stainless steel, tool steel and other specialty steels.
16) What does ‘produced in the United States’ mean?
Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a coating are similarly not covered. Non- iron or steel components of an iron and steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-iron and steel components do not have to be of domestic origin.
17) Are the raw materials used in the production of iron or steel required to come from US sources?
No. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non- US sources.
18) If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US?
No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel.
19) What is the definition of ‘municipal castings’?
Municipal castings are cast iron or steel infrastructure products that are melted and cast.
They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey
City of Roseville California RFP#08-108 SP -1:4
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] or ductile iron, or steel. Examples of municipal castings are:
Access Hatches; Ballast Screen;
Benches (Iron or Steel); Bollards;
Cast Bases;
Cast Iron Hinged Hatches, Square and Rectangular; Cast Iron Riser Rings; Catch Basin Inlet; Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards;
Curb Openings;
Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and Curb Inlets; Inlets;
Junction Boxes; Lampposts;
Manhole Covers, Rings and Frames, Risers; Meter Boxes;
Service Boxes;
Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash receptacles;
Tree Grates;
Tree Guards;
Trench Grates; and
Valve Boxes, Covers and Risers.
20) What is ‘structural steel’?
Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties, and those for other special purposes.
21) What is a ‘construction material’ for purposes of the AIS requirement?
Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens.
22) What is not considered a ‘construction material’ for purposes of the AIS requirement?
Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives
City of Roseville California RFP#08-108 SP -1:5
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters,
heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment.
23) If the iron or steel is produced in the US, may other steps in the manufacturing process take place outside of the US, such as assembly?
No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives.
24) What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete?
While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing bar and wire must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin.
If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered to be a construction material and must be produced in the US.
Certification and Compliance
The attached “Contractor’s American Iron and Steel Certification” must be executed and included in Envelope 1 of the bid package. Failure to complete the certification will result in Envelope 2 remaining sealed and the bid being returned. The contractor will supply to the loan recipient manufacturers’ certifications for each iron and steel item documenting/asserting that all manufacturing processes occurred in the United States. Such certifications will be submitted with shop drawings.
Waiver Process
The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent.
City of Roseville California RFP#08-108 SP -1:6
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework is described in the guidance document found at:
https://www.epa.gov/cwsrf/american-iron-and-steel-requirement-waiver-process
De Minimis Materials Waiver
The EPA has granted a nationwide waiver of the AIS requirements of the Consolidated Appropriations Act under the authority of Section 436(b)(1) (public interest waiver) for de minimis incidental components of eligible infrastructure projects. For many of these incidental components, the country of manufacture and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental. Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings (i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes for sewer collection and/or water distribution, treatment and storage tanks, large structural support structures, etc.
Funds used for such de minimis incidental components cumulatively may comprise no more than a total of 5 percent of the total cost of the total materials used in and incorporated into a project; the cost of an individual item may not exceed 1 percent of the total cost of the total materials used in and incorporated into a project. Contractors who wish to use this waiver should determine the costs of all items installed or supplied for the project. The contractor must retain relevant documentation (i.e., invoices) for each of these items in their project files, and must summarize the items in monthly draw requests to the owner: the total cost of all materials, the total cost of “incidental” materials, and the calculations by which they determined the percentage of incidental products installed or supplied for the project. None of the products specifically listed as “Covered Iron and Steel Products” are incidental. None of the products identified in detail in the technical specifications are considered incidental.
Construction Contract Language
All contracts must have a clause requiring compliance with the AIS requirements of the Act. The following is an example of what could be included in all contracts in projects that use SRF funds. No claim regarding the legality of this clause with regard to federal, state or local laws is made.
The Contractor acknowledges to and for the benefit of (“Owner”) that it understands
City of Roseville California RFP#08-108 SP -1:7
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Owner or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner). While the Contractor has no direct contractual privity with the State, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.