Agenda packet — Roseville City Council, January 18, 2023 (part 1 of 8)

AGENDA
January 18, 2023

CITY COUNCIL
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.

If you need a disability-related modification or accommodation to participate in this meeting, please contact Voice: 916-774-5200, TDD: 916-774-5220. Requests must be made as early as possible.

THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.

Public Comment - Speakers have three minutes under Public Comment to speak on issues that are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.

Consent Calendar - If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.

Agenda Items - Speakers have five minutes to address items that are listed on the agenda.

Americans with Disabilities Act - Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.

Audio/Visual Presentations - If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.

Security procedures are in place to attend Roseville City Council meetings. All attendees must successfully pass through a security metal detector. Any person with a prohibited item will not be allowed entry. Prohibited items include, but are not limited to: firearms (even with valid CCW), knives, pepper spray/mace, explosives of any kind/ any weapons and/or dangerous devices of any kind, illegal drugs and alcohol.

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. Roseville Chamber of Commerce - SPLASH Proceeds
Presentation to the City Parks, Recreation and Libraries Department of the proceeds from the 2022 SPLASH event to benefit youth programs within the City.

CONTACT: Rana Ghadban 916-783-8136 [email protected]

6. PUBLIC COMMENTS

7. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Minutes

7.1. Minutes of Prior Meetings
Memo from Assistant City Clerk Helen Dreyer and City Clerk Carmen Avalos recommending the City Council approve the minutes of the December 7, 2022 City Council Meeting and December 21, 2022 City Council and Housing Successor Meeting.

CC #: 2509
File #: 0102-03
CONTACT: Helen Dreyer 916-774-5356 [email protected] Bids / Purchases / Services

7.2. Distribution Transformers, 15kV Cable, and Dead-front Padmount Switchgear - Increase to Purchase Orders
Memo from Senior Power Engineer Ozro Corulli and Electric Utility Director Dan Beans recommending the City Council approve the increased total purchase order authority in the following amounts for purchase order contracts:

Distribution Transformers (RFQ 10-3177) from a total of $12,000,000 to $15,000,000, Dead-front Padmount Switchgear (RFQ 10-3184) from a total of $5,000,000 to $8,000,000 and 15kV Cable (RFQ 10-3253) from a total of $10,000,000 to $14,000,000. Funding is included in the Electric Fund budget for FY2022-23 and future year funding will be included in proposed Electric Department budgets.

CC #: 2487
File #: 0203-07-01 & 0203-07-02 & 0203-07-03
CONTACT: Ozro Corulli 916-774-5586 [email protected]

7.3. Electric Control System Historian Software – Sole Source Contract Purchase Agreement
Memo from Senior Electric Technology Systems Analyst Leonard Ladd and Electric Utility Director Daniel Beans recommending the City Council adopt RESOLUTION NO. 23-026 APPROVING A SOLE SOURCE CONTRACT

PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF

ROSEVILLE AND OSISOFT LLC, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002637). Staff requests Council approval of a sole source contract purchase agreement with OSISoft LLC to monitor and analyze Roseville electric distribution and generation real-time data and systems. This agreement includes the annual support and additional licenses for operational expansion. The estimated cost of this contract is $153,928.50. Funds are available in the FY2022-23 Electric Fund budget.

CC #: 2502
File #: 0203-06
CONTACT: Leonard Ladd 916-774-5699 [email protected]

7.4. Real-Time Crime Center Integration Software - Sole Source Service Agreement
Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23- 024 APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF
ROSEVILLE AND FUSUS, INC., AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve a sole source purchase and service agreement with Fusus, Inc., for the purchase and deployment of the Fusus platform for use in the Roseville Police Department's Real-Time Crime Center. The cost of this software purchase is $74,999 per year for 3 years, for a total of $224,997. Funding for this purchase has been approved in the Police Department's FY2022-23 operating budget in the General Fund.

CC #: 2498
File #: 0203-12
CONTACT: Amanda Jones 916-774-5025 [email protected] Mark Peinado 916-774-5021 [email protected]

7.5. Firing Range Target System - Sole Source Contract Purchase Agreement Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23-010

APPROVING A SOLE SOURCE CONTRACT PURCHASE AGREEMENT,

BY AND BETWEEN THE CITY OF ROSEVILLE AND ACTION TARGET, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of a sole source contract purchase agreement to Action Target, Inc. for the purchase of a Firing Range Target System in the amount of $204,479.98. The fixed turning target and lateral moving target systems are proprietary to the vendor, Action Target, Inc. No other vendor makes the requested range/targeting system. Funding for this purchase has been approved in the amount of $190,000 from the Equipment Replacement Fund. There are sufficient funds in the FY2022-23 Police Department's operating budget in the General Fund to cover the remaining $14,479.98. No additional funds are being requested.

CC #: 2475
File #: 0203-12
CONTACT: Scott Christian 916-774-5099 [email protected] Mark Peinado 916-774-5021 [email protected]

7.6. Motorola Solutions - Sole Source Purchase Order
Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council authorize a sole source purchase order to Motorola Solutions Inc. for the purchase of portable radios. The total estimated cost for the radios is $75,567.11. Funding has been approved in the Police Department's FY2022-23 operating budget in the General Fund.

CC #: 2495
File #: 0203-05
CONTACT: Scott Christian 916-774-5099 [email protected] Mark Peinado 916-774-5021 [email protected]

7.7. Custodial Services - Contract Purchase Agreement
Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-019 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
PRIDE INDUSTRIES ONE, INC. DBA PRIDE INDUSTRIES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002641). Staff requests Council approve a contract purchase agreement with Pride Industries One, Inc. to provide custodial and floor care services in accordance with Custodial Services RFP 01-059 at a number of City facilities. The total annual value of the initial agreement with Pride Industries One, Inc. is $862,979.71, not to exceed annual budgeted amounts. The bid allowed for four optional renewal years at one-year intervals. Staff requests authorization to utilize the optional renewal years of the bid contract without further Council approvals until the contract expires or until City staff determines that continuing with the same vendor is not in the City's best interest. Funding for this agreement is included in the Custodial Services Division FY2022-23 budget in the Facility Services Fund, and will be included in future year proposed budgets.

CC #: 2493
File #: 0203-04
CONTACT: Darci Carpenter 916-774-5702 [email protected]

7.8. 60kV Cable (RFQ 10-3336) - Purchase Order
Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council approve a purchase order with OneSource Supply Solutions, LLC as the lowest responsive and responsible bidder for the purchase of 60kV cable in response to RFQ 10- 3336. The cable is needed for undergrounding of a section of 60kv network to allow for the construction of the Roseville Parkway Extension Project. The cost of the cable and associated reels is $99,109.20 plus tax of $7,680.97, for a total of $106,790.17. There is sufficient budget in the capital improvement project for the costs associated with the recommended purchase.

CC #: 2478
File #: 0203-07
CONTACT: Sue Jessup 916-746-1107 [email protected]

7.9. Ultraviolet Disinfection Equipment - Increase to Sole Source Purchase Order Memo from Preventative Maintenance Coordinator Blaine Wiegel and Environmental Utilities Director Richard Plecker recommending the City Council authorize an increase to the sole source purchase order with Trojan Technologies in the amount of $48,400. This increase is needed to cover the shipping costs of the ultraviolet disinfection equipment for the Pleasant Grove Wastewater Treatment Plant, making the total amount of the purchase order $2,228,829. Funding will be provided from the approved Pleasant Grove UV project budget financed by South Placer Wastewater Authority.

CC #: 2500
File #: 0203-09
CONTACT: Blaine Wiegel 916-746-1833 [email protected]

7.10.2022 Sewer Collection System Cured-in-Place Pipe Rehabilitation Project - Approval of Plans and Specifications and Authorization to Call for Bids Memo from Associate Engineer Jonathan Cummings and Environmental Utilities Director Richard Plecker recommending the City Council approve the project’s construction plans and specifications and authorize staff to advertise the 2022 Sewer Collection System Cured-in-Place Pipe Rehabilitation Project and accept bids from prospective bidders. The estimated construction cost of the project is $3,567,600. Funding is provided by the Wastewater Rehabilitation Fund.

CC #: 2477
File #: 0900-02
CONTACT: Jonathan Cummings 916-774-5566 [email protected]

7.11.Citywide Plotter Replacement - Contract Purchase Agreement Memo from Information Technology Program Manager Brian Johnson and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 23-014 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND J. J.

R. ENTERPRISES, INC. DBA CALTRONICS BUSINESS SYSTEMS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002678). Staff requests Council approval of a contract purchase agreement with J.J.R. Enterprises, Inc. dba Caltronics Business Systems to upgrade the City's large format plotter and scanning devices in the amount of $136,353.88 using the National Association of State Procurement Officials contract #140597. Funding is included in the FY2022-23 Information Technology Replacement Fund budget.

CC #: 2484
File #: 0203-04
CONTACT: Brian Johnson 916-774-5141 [email protected] Resolutions

7.12.Sierra Vista II Sewer Lift Station Project - Notice of Completion Memo from Senior Construction Inspector Ignacio Vizcarra and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 23-022 ACCEPTING THE PUBLIC WORK KNOWN

AS SIERRA VISTA II, SEWER LIFT STATION 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 A PORTION OF THE 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 #: 2497
File #: 0400-04-12-1
CONTACT: Ignacio Vizcarra 916-774-5578 [email protected]

7.13.Wastewater Treatment Plant Capacity Analysis Consulting Services - Professional Services Agreement Amendment
Memo from Associate Engineer Rana Moore and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 23-025 APPROVING A FIRST AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND WOODARD & CURRAN INC., AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of a first amendment to Woodard & Curran’s Professional Services Agreement for the Dry Creek and Pleasant Grove Wastewater Treatment Plant Capacity Evaluation Project. The amendment to the agreement is in the amount of $355,819. This project is funded by the South Placer Wastewater Authority and can be accommodated within the existing project budget. No additional funding is required at this time.

CC #: 2501
File #: 0800-02
CONTACT: Rana Moore 916-774-5581 [email protected]

7.14.Landfill Water Quality and Gas Monitoring and Reporting Services - Professional Services Agreement
Memo from Compliance Administrator Michelle White and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 23-001 APPROVING A PROFESSIONAL SERVICES

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
JACOBS ENGINEERING GROUP INC., AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests approval of a professional services agreement with Jacobs Engineering Group, Inc. for 2023 Water Quality and Landfill Gas Monitoring and Reporting Services and Other Regulatory-Required Technical Assistance. The agreement requires multiple ground and surface water samplings and landfill gas emissions monitoring to ensure the levels of emissions do not pose a public health hazard. These services are needed to remain in compliance with state and federal requirements for closed landfills.

The cost of $260,010 is budgeted in the FY2022-23 Waste Services Operation Fund budget.

CC #: 2473
File #: 0800-02
CONTACT: Michelle White 916-774-5774 [email protected]

7.15.Roseville Transit Agency Safety Plan Update
Memo from Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-021 APPROVING THE UPDATED ROSEVILLE

TRANSIT AGENCY SAFETY PLAN, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approval for the updated Roseville Transit Agency Safety Plan that will update the Injury & Illness Prevention Plan to include the City's latest changes, add additional safety language as required by the Bipartisan Infrastructure Law, and authorization for the City Manager to approve future minor changes to this document without further Council action. This amendment will not result in a direct fiscal impact. However, having an updated Agency Safety Plan allows the City to maintain compliance with Federal Transit Administration requirements to receive federal funding.

CC #: 2496
File #: 0721
CONTACT: Ed Scofield 916-869-9109 [email protected]

7.16.Junction Crossing Affordable Housing Project - Limited Partner Change Approval
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 23-017 APPROVING A CHANGE IN THE LIMITED

PARTNER FOR THE JUNCTION CROSSING AFFORDABLE HOUSING

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS NEEDED TO EFFECTUATE THE CHANGE.

Staff requests approval of a change in the Limited Partner for the Junction Crossing affordable housing project, located at 120 Pacific Street in Roseville.

There is no fiscal impact to the City's General Fund associated with this approval.

CC #: 2490
File #: 0709-01
CONTACT: Trisha Isom 916-746-1239 [email protected]

7.17.Reservation of Funds for Development of Affordable Housing Projects - Amendment
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 23-038 APPROVING THE AMENDED RESERVATION OF $7,500,000 IN AFFORDABLE HOUSING FUNDS FOR
DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS. Staff
requests Council approval to reserve a total of $7,500,000 in affordable housing funds to increase funding support for two affordable housing projects on the City’s Affordable Housing Pipeline report. The increased reservation will fully fund two affordable housing projects as initially requested through the City’s notice of funding availability process. The City's Local Housing Trust Fund receives funding from developer in-lieu fees, payoffs from resales and payoffs from developer subsidy loans. The Housing Division has funding available in the Local Housing Trust Fund (LHTF), which will be used to match state-awarded LHTFs. No General Fund resources will be used.

CC #: 2507
File #: 0709-03-02
CONTACT: Trisha Isom 916-746-1239 [email protected] Sara Thornton 916-774-5295 [email protected]

7.18.Communication Software Licensing - Agreement Amendment Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23-016

APPROVING AN AGREEMENT AMENDMENT BY AND BETWEEN THE
CITY OF ROSEVILLE AND TYLER TECHNOLOGIES INC. Staff requests Council approve an agreement amendment with Tyler Technologies for Computer Aided Dispatch export interface use with Fusus software. The total cost of the interface is $2,320. Funding has been approved in the Police Department's FY2022-23 operating budget in the General Fund.

CC #: 2486
File #: 0323
CONTACT: Mark Peinado 916-774-5021 [email protected] Claudia Harlan 916-774-5003 [email protected]

7.19.Livestock Grazing License - Services Agreement Amendment Memo from Parks, Recreation & Libraries Superintendent Eric Dexter and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-018 APPROVING A FIRST

AMENDMENT TO LIVESTOCK GRAZING LICENSE, BY AND BETWEEN
THE CITY OF ROSEVILLE, THE AUBURN RAVINE RANCH, INC., AND B & B LIVESTOCK, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of the first amendment to the Livestock Grazing License agreement with Auburn Ravine Ranch, Inc. for the work during the term of this new agreement. Funds from the lease agreement go to Placer Land Trust in the amount of $6,300 per year through the contract end date of December 31, 2027. There is no impact to the General Fund.

CC #: 2492
File #: 0704-02
CONTACT: Eric Dexter 916-746-1769 [email protected]

7.20.Electric Generation Heat Recovery Steam Generator Maintenance and Rehabilitation - Northern California Power Agency Support Services Program Agreement
Memo from Power Generation Superintendent Matthew Garner and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 23-012 APPROVING A CONFIRMATION UNDER THE

SUPPORT SERVICES PROGRAM AGREEMENT WITH NORTHERN

CALIFORNIA POWER AGENCY, AND AUTHORIZING THE ELECTRIC

UTILITY DIRECTOR AND CITY ATTORNEY TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council authorize the execution of a Confirmation under the Support Services Program Agreement with the Northern California Power Agency for Precision Iceblast Corporation to perform Heat Recovery Steam Generator deep cleaning and rehabilitation at the Roseville Energy Park. The total cost of services will not exceed $687,492. Funding is included in the Electric Fund budget for FY2022-

23. CC #: 2488
File #: 0800-03
CONTACT: Matt Garner 916-746-1691 [email protected]

7.21.Electric Landscape Improvements - Fiddyment Substation Project - Notice of Completion
Memo from Senior Power Engineer Mitch Larkin and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 23-013

ACCEPTING THE PUBLIC WORK KNOWN AS THE ELECTRIC

LANDSCAPE IMPROVEMENTS - FIDDYMENT SUBSTATION PROJECT,
APPROVING THE “NOTICE OF COMPLETION”, AND AUTHORIZING

THE ELECTRIC UTILITY DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE. The Electric Department has made final inspection of the Fiddyment Substation Landscaping Project and has found that all contract work has been completed in accordance with the approved plans and specifications. The total amount of the contract with Marina Landscape was $607,662.77. Funding for this project was provided in the Electric Fund for FY2020-21.

CC #: 2482
File #: 0900-03
CONTACT: Mitch Larkin 916-746-1601 [email protected]

7.22.Executive Recruitment Services - Agreements
Memo from Human Resources Manager Linda Hampton and Human Resources Director Stacey Peterson recommending the City Council adopt RESOLUTION NO. 23-002 APPROVING AN AGREEMENT FOR

RECRUITMENT SERVICES, BY AND BETWEEN THE CITY OF
ROSEVILLE AND GVP VENTURES, INC. DBA BOB MURRAY &

ASSOCIATES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-003 APPROVING AN AGREEMENT FOR RECRUITMENT

SERVICES, BY AND BETWEEN THE CITY OF ROSEVILLE AND CITY

MANAGEMENT ADVISORS LLC DBA PECKHAM & MCKENNEY

EXECUTIVE SEARCH, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-004 APPROVING AN AGREEMENT FOR

RECRUITMENT SERVICES, BY AND BETWEEN THE CITY OF

ROSEVILLE AND RALPH ANDERSEN & ASSOCIATES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-
005 APPROVING AN AGREEMENT FOR RECRUITMENT SERVICES,

BY AND BETWEEN THE CITY OF ROSEVILLE AND WILLIAM AVERY & ASSOCIATES, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-006 APPROVING AN AGREEMENT FOR

RECRUITMENT SERVICES, BY AND BETWEEN THE CITY OF

ROSEVILLE AND COOPERATIVE PERSONNEL SERVICES DBA CPS

HR CONSULTING, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-007 APPROVING AN AGREEMENT FOR

RECRUITMENT SERVICES, BY AND BETWEEN THE CITY OF
ROSEVILLE AND GALLAGHER BENEFIT SERVICES, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-
008 APPROVING AN AGREEMENT FOR RECRUITMENT SERVICES,
BY AND BETWEEN THE CITY OF ROSEVILLE AND WBCP, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-
009 APPROVING AN AGREEMENT FOR RECRUITMENT SERVICES,

BY AND BETWEEN THE CITY OF ROSEVILLE AND RAFTELIS
FINANCIAL CONSULTANTS, INC., AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff recommends Council approve agreements for recruitment services with GVP Ventures, Inc. dba Bob Murray & Associates, City Management Advisors LLC dba Peckham & McKenney, Ralph Anderson & Associates, William Avery & Associates, Inc., Cooperative Personnel Services dba CPS HR Consulting, Gallagher Benefit Services, Inc., WBCP, Inc., and Raftelis Financial Consultants, Inc. to conduct executive recruitments on behalf of the City. The total cost of each recruitment is not to exceed $32,000.

Services would be paid on an as-needed basis by the department filling the anticipated vacancy.

CC #: 2474
File #: 0600-07
CONTACT: Linda Hampton 916-774-5215 [email protected] Ordinances (for introduction and first reading)

7.23.2022 Speed Limit Update - Roseville Municipal Code Amendment Memo from Senior Engineer Jana Cervantes and Public Works Director Jason Shykowski recommending the City Council introduce for first reading

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AMENDING SECTION 11.28.010 OF CHAPTER 11.28 OF TITLE 11 OF THE ROSEVILLE MUNICIPAL CODE REGARDING SPEED LIMITS.

Staff requests Council approve the speed limits on certain roads in the City and approve the speed limit ordinance. Staff is required to justify a posted speed limit other than 65 mph that is radar enforceable. Local jurisdictions are required to conduct and approve an engineering and traffic survey every five to ten years, or when there is a major change to a roadway. The cost of changing the speed limit signs is included in existing operating budgets.

CC #: 2472
File #: 0316-04
CONTACT: Jana Cervantes 916-774-5498 [email protected] Ordinances (for introduction and adoption - appropriation/urgency measures)

7.24.Legal Software Replacement - Budget Adjustment
Memo from Information Technology Program Manager Robin Bernhard and Chief Information Officer Hong Sae recommending the City Council adopt ORDINANCE NO. 6597 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 budget adjustment appropriating $39,930 from the Information Technology Replacement Fund for the implementation and Year 1 maintenance of the Citylaw legal software used by the City Attorney’s Office. Future annual maintenance will be included in the City Attorney’s Office operating budget in the General Fund. The estimated five year cost of ownership to the City is $59,720.

CC #: 2491
File #: 0800-05 & 0201-01
CONTACT: Robin Bernhard 916-774-5127 [email protected]

7.25.U.S. Department of Justice, Office of Community Oriented Policing Services - Grant Award and Budget Adjustment
Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23- 039 ACCEPTING A GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES; and adopt ORINANCE NO. 6605 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 accept a Grant Award from the U.S. Department of Justice, Office of Community Oriented Policing Services, in the amount of $150,000 and authorize the City Manager or his designee to execute the required documents on behalf of the City. Additionally, staff requests Council approve a budget adjustment in the amount of $150,000 in the City's Grants Fund. Funding from this grant will be used to purchase a virtual reality system to enhance the Police Department's de-escalation training program. This grant will have no net impact on the City's General Fund.

CC #: 2508
File #: 0214 & 0323 & 0201-01
CONTACT: Mark Peinado 916-774-5021 [email protected] Doug Blake 916-746-1043 [email protected]

7.26.Homeland Security Grant - Budget Adjustment
Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt ORDINANCE NO. 6596 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022- 23 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. The
Police Department has been awarded a total of $140,259 from the FY2019-20 and FY2020-21 Homeland Security Grant Program via the Placer County Office of Emergency Services (OES) division. The recommended budget adjustment will cover the purchase of a portable X-ray system, radios, radio antennas, riot protective uniforms, protective pads and footwear. The City will be reimbursed by Placer County OES upon completion of the purchase. There will be no net impact on the General Fund.

CC #: 2489
File #: 0214 & 0201-01
CONTACT: Mark Peinado 916-774-5021 [email protected]

7.27.Dry Creek Greenway East Trail Project Phase 1 - Agreements and Budget Adjustment
Memo from Associate Engineer Cathy Gosalvez and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-027 APPROVING AN AGREEMENT FOR SALE OF CONSERVATION

CREDITS FREMONT LANDING CONSERVATION BANK, BY AND

BETWEEN RIPARIAN RANCH, LLC AND THE CITY OF ROSEVILLE

AND, AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-028 APPROVING AN AGREEMENT FOR ACQUISITION OF REAL

PROPERTY AND ESCROW INSTRUCTIONS, BY AND BETWEEN THE
CITY OF ROSEVILLE AND SFC WINDSCAPE INVESTORS, L.P., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL

RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-029 APPROVING AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF

ROSEVILLE AND JACQUELINE RICE, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT AND ALL RELATED ESCROW
DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-030 APPROVING AN AGREEMENT FOR

ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS,

BY AND BETWEEN THE CITY OF ROSEVILLE AND EMILY ANN

BALDWIN AND MATTHEW BLAIR BALDWIN, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT AND ALL RELATED ESCROW
DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-031 APPROVING AN AGREEMENT FOR

ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS,

BY AND BETWEEN THE CITY OF ROSEVILLE AND BENJAMIN

HAUGEN AND MELISSA HAUGEN, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT AND ALL RELATED ESCROW
DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-032 APPROVING AN AGREEMENT FOR

ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS,

BY AND BETWEEN THE CITY OF ROSEVILLE AND JERRY LEE, ELISE LEE, LISA MARIE PRINCESS LEE, AND DEVRAE S. LEE, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL

RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-033 APPROVING AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF
ROSEVILLE AND JACK E. HOFFMAN AND CHERYL A. HOFFMAN, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL

RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-034 APPROVING AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF
ROSEVILLE AND JOEY L. STETSON AND LISA A. STETSON, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL

RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-035 APPROVING AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF

ROSEVILLE AND CHARLES THOMAS ECKSTROM IV AND JENNIFER

ECKSTROM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE

IT AND ALL RELATED ESCROW DOCUMENTS ON BEHALF OF THE
CITY OF ROSEVILLE; and adopt RESOLUTION NO. 23-036 APPROVING

AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF
ROSEVILLE AND DALE P. MCAFEE AND BRENDA MCAFEE, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL

RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-037 APPROVING AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND

ESCROW INSTRUCTIONS, BY AND BETWEEN THE CITY OF

ROSEVILLE AND DAVID EDWIN SCHMIDT AND JANET LYNN

SCHMIDT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT

AND ALL RELATED ESCROW DOCUMENTS ON BEHALF OF THE CITY
OF ROSEVILLE; and adopt ORDINANCE NO. 6598 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 an Agreement for Sale of Wetland Mitigation Credits from Riparian Ranch, LLC in the amount of $152,000 as mitigation for impacts to riparian salmonid habitat, Agreements for Acquisition of Real Property and Escrow Instructions for the purchase of property for the Dry Creek Greenway East Trail Project with SFC Windscape Investors, L.P. in the amount of $1,800, with Jacqueline Rice in the amount of $16,000, with the Baldwins in the amount of $45,400, with the Haugens in the amount of $36,300, with the Lees in the amount of $82,600, with the Hoffmans in the amount of $12,500, with the Stetsons in the amount of $30,000, with the Eckstroms in the amount of $13,800, with the McAfees in the amount of $325,000 and with the Schmidts in the amount of $424,500. The total budget adjustment request is for $1,500,000 from the Local Transportation Fund which will fund mitigation credit purchases, professional services and right-of-way acquisitions. The Dry Creek Greenway East trail project is a proposed paved multi-use trail along Dry, Cirby, and Linda Creeks from Darling Way/Riverside Avenue to the City limits at S.

Cirby Way/Old Auburn Road. The Dry Creek Greenway East Trail Project is funded by federal, state and local sources: Solutions for Congested Corridors, Active Transportation Program, Congestion Mitigation and Air Quality, and Local Transportation Funds. No General Fund resources will be used for the project.

CC #: 2503
File #: 0721-05 & 0201-01
CONTACT: Cathy Gosalvez 916-746-1300 [email protected]

7.28.Fleet Truck Purchases - Grant Award, Purchase Orders, and Budget Adjustment
Memo from Fleet Manager Brandy LeBeau and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-020

ACCEPTING A GRANT AWARD AND APPROVING GRANT

AGREEMENTS, BY AND BETWEEN THE CITY OF ROSEVILLE AND

THE PLACER COUNTY AIR POLLUTION CONTROL DISTRICT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL
RELATED FORMS ON BEHALF OF THE CITY OF ROSEVILLE; and
adopt ORDINANCE NO. 6604 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 accept the grant awards from the Placer County Air Pollution Control District – Clean Air Grant Program in the amount of $163,215 and authorize the City Manager or his Designee to execute the required documents on behalf of the City. Additionally, staff requests approval of a budget adjustment in the amount of $163,215 to fund a portion of the new Compressed Natural Gas (CNG) refuse trucks. Staff also requests approval of purchase orders to Dobbs Heavy Duty Holdings LLC dba Western Truck Center for four (4) Autocar CNG trucks with New Way Sidewinder and RotoPac automated side-loading bodies utilizing Sourcewell contract# 060920-ATC for the Autocar chassis and Sourcewell contract# 091219-NWY for the New Way body in the amount of $1,839,575; approve a purchase order to Altec Industries, Inc, for (3) Altec AT40G articulating telescoping aerial devices utilizing Sourcewell contract# 110421-ALT in the amount of $661,107; and approve a sole source purchase order to Global Rental Co Inc. for the purchase of a rent-to-own 2022 Altec AT40G articulating telescoping aerial device in the amount of $126,970. The FY2022-23 Fleet Replacement Fund and Electric Fund budgets include funding for these vehicles.

CC #: 2505
File #: 0203-01 & 0214 & 0201-01
CONTACT: Brandy LeBeau 916-774-5531 [email protected] Ordinances (for second reading and adoption)

7.29.Second Reading - Commercial Corridor Specific Plans ORDINANCE NO. 6599 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 ORDINANCE NO. 6600 AMENDING ZONING
ORDINANCE NO. 5428 OF THE CITY OF ROSEVILLE CHANGING THE

ZONING OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6601 AMENDING ZONING ORDINANCE NO. 5428 OF THE CITY OF ROSEVILLE CHANGING THE

ZONING OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6602 AMENDING ZONING ORDINANCE NO. 5428 OF THE CITY OF ROSEVILLE CHANGING THE

ZONING OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6603 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, for second reading and adoption.

CC #: 2504
File #: 0800-06
CONTACT: Jessica Lynch 916-774-5352 [email protected] Reports / Requests

7.30.Appointments - City Council Auxiliary Positions
Memo from City Clerk Carmen Avalos recommending the City Council approve the appointment of councilmembers to various auxiliary positions on regional and local agencies, boards, commissions, committees, and joint power authorities.

CC #: 2480
File #: 0102-12
CONTACT: Carmen Avalos 916-774-5269 [email protected]

7.31.Appointment of Youth Board Member and Youth Commissioners Memo from City Clerk Technician Katrina Six and City Clerk Carmen Avalos recommending the City Council appoint Iniyazh Hariharan as the Grants Advisory Commission Youth Commissioner to a term ending December 31, 2023; and appoint Sofia Moreno as the Library Board Youth Member to a term ending December 31, 2023; and appoint Amre Abunmarkhieh as the Parks and Recreation Commission Youth Commissioner to a term ending December 31, 2023; and appoint Tannishtha Mondal as the Transportation Commission Youth Commissioner to a term ending December 31, 2023.

CC #: 2479
File #: 0103-04-02 & 0103-05-02 & 0103-13-02 & 0103-34-02 CONTACT: Katrina Six 916-774-5267 [email protected]

END OF CONSENT CALENDAR

8. RESOLUTIONS

8.1. 2022 Prohousing Incentive Program Application
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 23-011 AUTHORIZING APPLICATION FOR, AND

RECEIPT OF, PROHOUSING INCENTIVE PILOT PROGRAM
FUNDS. Staff requests Council approve an application to the State for the Prohousing Incentive Program (PIP) in the amount of $1,610,000 to assist with affordable housing development and to execute the necessary application, standard agreement and relevant documents for the PIP grant program from the California Housing and Community Development Department. The recommended action does not impact the City's General Fund.

CC #: 2476
File #: 0709-03
CONTACT: Trisha Isom 916-746-1239 [email protected] Sara Thornton 916-774-5295 [email protected]

9. SPECIAL REQUESTS/REPORTS/PRESENTATION

9.1. 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 #: 2506
File #: 0102
CONTACT: Cary Camilleri 916-746-1350 [email protected] Carmen Avalos 916-774-5269 [email protected]

9.2. Development Impact Fee Reports for Fiscal Year Ended June 30, 2022 Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept the Development Impact Fee Report. California state legislation sets certain legal and procedural parameters for the charging of development impact fees. The report is for informational purposes only. They are also posted on the City's website. There is no impact to the City's General Fund.

CC #: 2481
File #: 0215
CONTACT: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]

9.3. Fiscal Year 2021-22 Year-End Report and FY2022-23 Budget Adjustment Memo from Assistant Finance Director Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept a year-end report for FY2021-22 for the General Fund, the enterprise operating funds, and revenues in select other funds; and adopt ORDINANCE NO. 6595 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 budget adjustment which includes an appropriation of $31.5 million of General Fund resources for the Roseville Sports Complex ($15 million), General Fund Capital Reserve Fund ($4.5 million), Pension Trust Fund ($4.5 million), Blue Oaks Widening ($4 million), General Fund contingency replenishment ($750,000), Police Department mobile data computers ($700,000), Sports Field Fencing ($565,000), Development Services Stabilization Reserve (DSSR) ($518,000), Maidu Soccer Field parking lot ($450,000), General Plan update ($279,000), Vernon Atlantic Multimodal Safety Improvement Project ($180,000), and the Royer Park Playground ($123,000). This budget adjustment also includes an appropriation of $250,000 in grant funds from Placer Valley Tourism for the Sports Field Fencing Project. There are adequate resources available in the General Fund to fund the recommended appropriations.

CC #: 2483
File #: 0201 & 0201-01
CONTACT: Scott Pettingell 916-774-1306 [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.Advanced Metering Infrastructure - Roseville Municipal Code Amendment and User and Regulatory Fee Amendment
Memo from Interim Electric Finance Administrator Joanna Cucchi and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 23-015 ADOPTING AN AMENDED SCHEDULE OF
USER AND REGULATORY FEES; and introduce for first reading an

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AMENDING CHAPTER 14.24 OF TITLE 14 OF THE ROSEVILLE
MUNICIPAL CODE REGARDING ELECTRICAL ENERGY to incorporate Section 14.24.053 adopting a monthly rate for opt-out customers. Staff requests Council approve the Advanced Metering Infrastructure (AMI) advanced meter opt out fee and amending the 2022-2023 Master Schedule of User and Regulatory Fees to include the AMI advanced meter opt-out fee. The proposed opt-out program is estimated to collect approximately $70,000 annually and will recover the costs associated with implementing the program. The discounted opt-out for low income rate participants will be funded through the utility's public benefits program, which includes funding required to be set aside for these types of programs, in the Electric Fund.

CC #: 2485
File #: 0800-03
CONTACT: Joanna Cucchi 916-746-1609 [email protected]

10.2.North Industrial Plan Area Parcel 56 (2200 Freedom Way) Blue Oaks Commerce Center – Major Project Permit Stage 1 Modification and Major Project Permit Stage 2 Appeal
Memo from Associate Planner Escarlet Mar and Development Services Director Mike Isom recommending the City Council consider the Addendum to the Blue Oaks Commerce Center Initial Study and Mitigated Negative Declaration; and adopt RESOLUTION NO. 23-023 DENYING THE APPEAL FROM THE SEPTEMBER 22, 2022 APPROVAL BY THE PLANNING
COMMISSION; ADOPTING THE TWO (2) FINDINGS OF FACT AND
APPROVING THE MAJOR PROJECT PERMIT STAGE 1
MODIFICATION SUBJECT TO TEN (10) CONDITIONS OF APPROVAL; AND ADOPTING THE TWO (2) FINDINGS OF FACT AND APPROVING THE MAJOR PROJECT PERMIT STAGE 2 SUBJECT TO NINETYTHREE (93) CONDITIONS OF APPROVAL. Based on the September 22, 2022 Planning Commission hearing, staff recommends Council deny the appeal of the Planning Commission’s approval of entitlements related to the Blue Oaks Commerce Center project. The proposed project includes a request for approval of a Major Project Permit (MPP) Stage 1 Modification and MPP Stage 2 to allow construction of four (4) industrial buildings totaling approximately 310,000 square feet in size, which will be located on two (2) parcels totaling

23.94-acres in size. The development of the site will not result in negative impacts to the City’s General Fund.

CC #: 2499
File #: 0400-04-18 & 0400-08
CONTACT: Escarlet Mar 916-774-5247 [email protected]

11. COUNCIL REPORTS / PUBLIC COMMENTS

12. ADJOURNMENT

COUNCIL COMMUNICATION
CC #: 2509
File #: 0102-03
Title: Minutes of Prior Meetings
Contact: Helen Dreyer 916-774-5356 [email protected] Meeting Date: 1/18/2023
Item #: 7.1.

RECOMMENDATION TO COUNCIL
Approve the minutes of the December 7, 2022 City Council Meeting and December 21, 2022 City Council and Housing Successor Meeting.

BACKGROUND
Not applicable.

FISCAL IMPACT
There is no fiscal impact associated with this request.

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 City Council minutes are not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Helen Dreyer, Assistant City Clerk
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
December 7, 2022

COUNCIL COMMUNICATION
CC #: 2487
File #: 0203-07-01 & 0203-07-02 & 0203-07-03
Title:

Distribution Transformers, 15kV Cable, and Dead-front Padmount Switchgear - Increase to Purchase Orders
Contact: Ozro Corulli 916-774-5586 [email protected] Meeting Date: 1/18/2023
Item #: 7.2.

RECOMMENDATION TO COUNCIL
Recommend Council approve increased total purchase order authority for the following Purchase Orders:

BACKGROUND
After formal bids were issued, purchase orders were awarded to multiple vendors for Distribution Transformers (RFQ 10-3177) and Dead-front Padmount Switchgear (RFQ 10-3184) on October 17, 2018 (both with final optional renewal years expiring on June 30, 2023) and for 15kV Cable (RFQ 10-3253) on May 20, 2020 (with final optional renewal year expiring on June 30, 2025).

The Electric Department has an ongoing need for the materials purchased on these purchase orders in order to support new development, distribution system upgrades and maintenance activities.

The original spending estimates for each of these Purchase Orders was based on the best information at the time. Since then, new development activity has nearly doubled (which represents the majority of the materials purchased under these Purchase Orders) and equipment pricing has increased substantially since contract award due to the rise in raw material costs and pandemic related supply chain issues.

FISCAL IMPACT
The recommended increases in total Purchase Order authority for each of the Purchase Orders are as follows:

Distribution Transformers (RFQ 10-3177) from $12,000,000 to $15,000,000 Dead-front Padmount Switchgear (RFQ 10-3184) from $5,000,000 to $7,000,000 15kV Cable (RFQ 10-3253) from $10,000,000 to $14,000,000 Purchase of these materials is done on an as-needed basis; there are no guaranteed spending amounts for any of the contracts. Funding is included in the Electric Fund budget for FY2022-23 and future year funding will be included in proposed Electric Department budgets.

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 increase in spending authority on these purchase orders 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
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Ozro Corulli, Senior Power Engineer
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager

COUNCIL COMMUNICATION
CC #: 2502
File #: 0203-06
Title:

Electric Control System Historian Software – Sole Source Contract Purchase Agreement
Contact: Leonard Ladd 916-774-5699 [email protected] Meeting Date: 1/18/2023
Item #: 7.3.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a sole source contract purchase agreement (3002637) with OSISoft, LLC to provide annual software support and to purchase additional licenses for Roseville Electric Utility, and authorize the City Manager to execute it.

BACKGROUND
Roseville Electric Utility utilizes Process Information (PI) System software to collect, store and analyze Distribution and Generation industrial control system data. The electric utility has been utilizing this application since 2006 to support compliance reporting, equipment troubleshooting, manual data logging, and monitoring of overall system performance. OSISoft provides this proprietary software and is the sole source for licensing and support. This sole source service agreement with OSISoft LLC allows Roseville Electric Utility to maintain, support, and expand the PI System.

FISCAL IMPACT
The total cost of the professional service agreement is $153,928.50. Funding is included in the FY2022-23 Electric Fund budget.

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 approval of the sole source contract purchase agreement with OSISoft, LLC 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
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Leonard Ladd, Senior Electric Technology Systems Analyst Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 23-026
OSISoft LLC Contract
RESOLUTION NO. 23-026

APPROVING A SOLE SOURCE CONTRACT PURCHASE AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND OSISOFT LLC, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OFROSEVILLE WHEREAS, a sole source contract purchase agreement (3002637) for the purchase of Electric Control System Historian Software, between the City of Roseville and OSISoft LLC, has been reviewed by the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said sole source contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City ofRoseville this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
Contract Purchase Agreement 3002637
Supplier Details:

Company Osisoft LLC
Contact Samantha Baribeault
Address 1600 Alvarado Street
San Leandro, CA 94577
Submit your response to:

Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1110
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.

The following guidelines must be followed for the signature block on the agreement:

Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 Contract Purchase Agreement 3002637
Agreement 3002637
Agreement Date 14-NOV-2022
Change Order 2
Change Order Date 08-DEC-2022
Revision 2
Agreement Amount 153,928.50 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Osisoft LLC
1600 Alvarado Street
San Leandro, CA 94577
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
(510) 877-9374
()
[email protected]
Description of
Labor,
equipment
and/or materials

VENDOR SHALL PROVIDE ANNUAL SUPPORT, LICENSES, MAINTENANCE AND

UPGRADES FOR THE SOFTWARE RELIANCE PROGRAM (SRP) IN ACCORDANCE WITH ATTACHED OSIsoft, LLC QUOTES Q-157580, Q-157564 AND Q-157579 DATED 9/7/22 UTILIZING THE ATTACHED NEGOTIATED ATTACHMENT A - INSURANCE REQUIREMENTS DATED 12/8/22 AND NEGOTIATED 2003072SLA

CORPORATE FAMILY SOFTWARE LICENSE AND SERVICES AGREEMENT DATED 1/28/22.

START DATE: UPON EXECUTED AGREEMENT
END DATE: 12/31/23
PLEASE CONTACT STEVE HANCOCK AT (916) 774-5631 OR
[email protected] FOR QUESTIONS REGARDING THIS
AGREEMENT.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 13053 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-746-1110
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 Contract Purchase Agreement 3002637
COR Insurance Over Bid Limit

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES Negotiated for OSIsoft LLC 12/8/22 JC
General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 15 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):

Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
3 Contract Purchase Agreement 3002637
$1 Million/occurrence
No auto required
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.

How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX.

Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.

Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 4 Contract Purchase Agreement 3002637
Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 5 SVP Finance and Treasurer
James W. Griffith
12/15/2022
Assistant Treasurer
12/15/2022
Alistaire Davidson
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States

QUOTATION
QUOTE# Q-157580 | September 7, 2022 Quote Valid Thru January 31, 2023 SELLER OSIsoft, LLC
1600 Alvarado Street
San Leandro, California 94577
United States
Account Manager:

Samantha Baribeault
+1-510-877-9383
[email protected]
PURCHASER City of Roseville
0005087713
2090 Hilltop Circle
Roseville, California 95747-9704
United States
Contact:

Sage Armstrong
(916)223-9729
[email protected]
INTRODUCTION OSIsoft, LLC ("Seller") is submitting the present Quote to City of Roseville ("Purchaser").

Payment Terms: Net due in 30 days
In accordance with the terms of your agreement with us - timely payment of annual fees for our Software Reliance Program (“SRP”) is required to continue receiving the benefits of our SRP program, including but not limited to accessing product downloads, submitting service requests and creating technical support cases. Avoiding lapses and late payments of SRP also serves to eliminate possible restrictions with regard to additional software license purchases.

SUMMARY
*Final invoiced price is subject to following conditions:
•
Taxes may apply.
•
Software provided by download.If physical media shipment is requested, additional charges will apply.
•
Total Software Reliance Program (SRP) price is estimate based on the dates indicated.
•
Final SRP price will be prorated according to the date the order is processed.

Total Software License Fees: 54,450.00
*Projected Prorated SRP: 8,167.50
*Total Price (USD): 62,617.50
Thank you for your business!
1 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Purchase Order
(PO) Requirements
Pre-Requisites:
• Ensure Licensee (End-User) has an executed Software License and Services Agreement (SLA) with OSIsoft LLC
• Ensure that the PO is issued to the OSISoft Legal Entity 'OSIsoft, LLC' and in USD currency
• Provide complete Bill-To and Ship-To (destination of software, download, or service) information: (Full Company legal name and address) • Provide complete Licensee (End-User) information: (Full Company legal name, address, and phone number)
Steps to Submit a Purchase Order (PO):

1. Sign in to http://my.osisoft.com. If you do not have access, reach out to your Account Team or your Site PI Admin

2. Select "Quotes" tab

3. Click Submit PO against Quote # Q-157580

4. Review Quote pdf and click Next

5. Upload PO and any other necessary documents

6. Fill all the fields on PO form accurately. Provide Bill-To, Ship-To and upload Tax Exempt Certificate if needed.

7. Click Submit. We will begin processing your order after the submission. 2 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States End-User Name: City of Roseville
End-User Customer #: 5087713 - Electric Dispatch Center End-User SLA #: 2003072SLA
End-User Subtotal: $ 62,617.50

SOFTWARE AND SOFTWARE RELIANCE PROGRAM (SRP)
# PRODUCT QTY LIST PRICE PRICE
1 Software Reliance Program Fees ( 15%)
SRP period:

Jan 1, 2023 - Dec 31, 2023
1 $ 8,167.50 $ 8,167.50
2 PI Server ( Data Streams )
Update from 6000 to 8000 Data Streams
Added 1 PI Interface for Universal File and
Stream Loading (UFL)
Serial#: 2502890
- PI System Access (PSA)
1 $ 54,450.00 $ 54,450.00
3 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Recommended
Hardware and
System Requirements
The recommended system requirements for PI software can be found on the OSIsoft Customer Portal:
https://my.osisoft.com
You may also obtain this information by contacting OSIsoft Technical Support by calling +1 (510) 297-5828 or log a case through your customer portal. These should be used as guidelines. A validation of these requirements is required prior to the acceptance of the Terms and Conditions.

Terms and Conditions Any order submitted to OSIsoft, LLC by or on behalf of City of Roseville (“Customer”) will be governed by the Software License and Services Agreement by and between OSIsoft, LLC. and City of Roseville dated 1/28/2022 (Agreement# 2003072SLA) and any corresponding pricing agreements. Customer and any party submitting such order(s) agree to be bound by the SLA, and Customer agrees that it will be responsible for any such third parties acting on its behalf.

Software and SRP
Conditions

1. Note that the terms and conditions of the SLA or other agreements executed by OSIsoft and Customer will be the sole and exclusive terms and conditions governing Customer’s purchase and license of Products and Services from OSIsoft.

2. The prices quoted herein are in US $, delivered DAP Licensee location and are valid for the period set forth above.

3. This Quote does not include hardware, cables, generic or third-party software, or any other such supplies required to use the licensed software.

4. Except for taxes quoted and paid by OSIsoft on its net income, all amounts due pursuant to OSIsoft's invoices are net of, and Licensee will be solely responsible for, any shipping charges and withholding, use, sales, value-added, import, and any other taxes, fees, tariffs, or duties associated with this Quote or Licensee’s use of the OSIsoft products and technical support services.

5. OSIsoft reserves the right to change our price list as we deem necessary.

6. OSIsoft’s standard annual SRP subscription renewal rate is 15% of current list price.
4 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States

QUOTATION
QUOTE# Q-157564 | September 7, 2022 Quote Valid Thru January 31, 2023 SELLER OSIsoft, LLC
1600 Alvarado Street
San Leandro, California
94577
United States
Account Manager:

Samantha Baribeault
+1-510-877-9383
[email protected]
Customer Success Manager:

David Nguyen
+1-510-877-4385
[email protected]
PURCHASER City of Roseville
0005000812
2090 Hilltop Circle
Roseville, California
95747-9704
United States
Contact:

Sage Armstrong
(916)223-9729
[email protected]
INTRODUCTION OSIsoft, LLC ("Seller") is submitting the present Quote to City of Roseville ("Purchaser").

Total Software Value: 235,840.00
SRP Fees: 35,376.00
*Total Price (USD): 35,376.00
Thank you for your business!
1 of 5
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Purchase Order
(PO) Requirements
Pre-Requisites:
• Ensure Licensee (End-User) has an executed Software License and Services Agreement (SLA) with OSIsoft LLC
• Ensure that the PO is issued to the OSISoft Legal Entity 'OSIsoft, LLC' and in USD currency
• Provide complete Bill-To and Ship-To (destination of software, download, or service) information: (Full Company legal name and address) • Provide complete Licensee (End-User) information: (Full Company legal name, address, and phone number)
Steps to Submit a Purchase Order (PO):

1. Sign in to http://my.osisoft.com. If you do not have access, reach out to your Account Team or your Site PI Admin

2. Select "Quotes" tab

3. Click Submit PO against Quote # Q-157564

4. Review Quote pdf and click Next

5. Upload PO and any other necessary documents

6. Fill all the fields on PO form accurately. Provide Bill-To, Ship-To and upload Tax Exempt Certificate if needed.

7. Click Submit. We will begin processing your order after the submission. 2 of 5
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States End-User Name: City of Roseville
End-User Customer #: 5008799 - REP
End-User SLA #: 2003072SLA
End-User Subtotal: $ 21,268.50

TOTAL SOFTWARE VALUE
# PRODUCT QTY LIST PRICE PRICE
1 ComboPack Individual User (Individual User)
Serial#: 2008748
1 $ 1,100.00 $ 1,100.00
2 PI Manual Logger - Individual User (Individual
User)
Serial#: 2003389
2 $ 275.00 $ 550.00
3 PI Manual Logger Mobile - Individual User
(Named User)
Serial#: 2003390
2 $ 495.00 $ 990.00
4 ManagePack Individual User (Individual User)
Serial#: 2003388
6 $ 1,375.00 $ 8,250.00
5 PI Server (Data Streams)
8000 Data Streams
Serial#: 2501146
- PI Interface for OPC DA
- PI Interface for Emerson Ovation
- PI Interface for Batch File - NT Intel
- PI System Access (PSA)
1 $ 130,900.00 $ 130,900.00

SOFTWARE RELIANCE PROGRAM (SRP)
# PRODUCT QTY LIST PRICE PRICE
1 Software Reliance Program Fees ( 15%)
SRP period:

Jan 1, 2023 - Dec 31, 2023
1 $ 21,268.50 $ 21,268.50
3 of 5
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States End-User Name: City of Roseville
End-User Customer #: 5087713 - Electric Dispatch Center End-User SLA #: 2003072SLA
End-User Subtotal: $ 14,107.50

TOTAL SOFTWARE VALUE
# PRODUCT QTY LIST PRICE PRICE
1 PI Coresight (Named User)
Serial#: 2285932
6 $ 1,100.00 $ 6,600.00
2 ComboPack Individual User (Individual User)
Serial#: 2012040
10 $ 1,100.00 $ 11,000.00
3 PI Server (Data Streams)
6000 Data Streams
Serial#: 2502890
- PI Interface for Quindar SCADA
- PI Interface for Relational Database
(RDBMS via ODBC)
1 $ 76,450.00 $ 76,450.00

SOFTWARE RELIANCE PROGRAM (SRP)
# PRODUCT QTY LIST PRICE PRICE
1 Software Reliance Program Fees ( 15%)
SRP period:

Jan 1, 2023 - Dec 31, 2023
1 $ 14,107.50 $ 14,107.50
4 of 5
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Recommended
Hardware and
System Requirements
The recommended system requirements for PI software can be found on the OSIsoft Customer Portal:
https://my.osisoft.com
You may also obtain this information by contacting OSIsoft Technical Support by calling +1 (510) 297-5828 or log a case through your customer portal. These should be used as guidelines. A validation of these requirements is required prior to the acceptance of the Terms and Conditions.

Software and SRP
Conditions

2. The prices quoted herein are in US $, delivered DAP Licensee location and are valid for the period set forth above.

3. This Quote does not include hardware, cables, generic or third-party software, or any other such supplies required to use the licensed software.

5. OSIsoft reserves the right to change our price list as we deem necessary.

6. OSIsoft’s standard annual SRP subscription renewal rate is 15% of current list price.
5 of 5
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States

QUOTATION
QUOTE# Q-157579 | September 7, 2022 Quote Valid Thru January 31, 2023 SELLER OSIsoft, LLC
1600 Alvarado Street
San Leandro, California 94577
United States
Account Manager:

Samantha Baribeault
+1-510-877-9383
[email protected]
PURCHASER City of Roseville
0005008799
2090 Hilltop Circle
Roseville, California 95747-9704
United States
Contact:

Sage Armstrong
(916)223-9729
[email protected]
INTRODUCTION OSIsoft, LLC ("Seller") is submitting the present Quote to City of Roseville ("Purchaser").

Total Software License Fees: 49,500.00
*Projected Prorated SRP: 6,435.00
*Total Price (USD): 55,935.00
Thank you for your business!
1 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Purchase Order
(PO) Requirements
Pre-Requisites:
• Ensure Licensee (End-User) has an executed Software License and Services Agreement (SLA) with OSIsoft LLC
• Ensure that the PO is issued to the OSISoft Legal Entity 'OSIsoft, LLC' and in USD currency
• Provide complete Bill-To and Ship-To (destination of software, download, or service) information: (Full Company legal name and address) • Provide complete Licensee (End-User) information: (Full Company legal name, address, and phone number)
Steps to Submit a Purchase Order (PO):

1. Sign in to http://my.osisoft.com. If you do not have access, reach out to your Account Team or your Site PI Admin

2. Select "Quotes" tab

3. Click Submit PO against Quote # Q-157579

4. Review Quote pdf and click Next

5. Upload PO and any other necessary documents

6. Fill all the fields on PO form accurately. Provide Bill-To, Ship-To and upload Tax Exempt Certificate if needed.

7. Click Submit. We will begin processing your order after the submission. 2 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States End-User Name: City of Roseville
End-User Customer #: 5008799 - REP
End-User SLA #: 2003072SLA
End-User Subtotal: $ 55,935.00

SOFTWARE AND SOFTWARE RELIANCE PROGRAM (SRP)
# PRODUCT QTY LIST PRICE PRICE
1 Software Reliance Program Fees ( 15%)
SRP period:

Jan 1, 2023 - Dec 31, 2023
1 $ 6,435.00 $ 6,435.00
2 PI Server ( Data Streams )
Update from 8000 to 15000 Data Streams
Added 1 PI Interface for Relational Database
(RDBMS via ODBC)
Serial#: 2501146
PI Interface for Emerson Ovation Update
from 1 to 2
- PI System Access (PSA)
1 $ 49,500.00 $ 49,500.00
3 of 4
OSIsoft LLC | 1600 Alvarado Street | San Leandro, California 94577 United States Recommended
Hardware and
System Requirements
The recommended system requirements for PI software can be found on the OSIsoft Customer Portal:
https://my.osisoft.com
You may also obtain this information by contacting OSIsoft Technical Support by calling +1 (510) 297-5828 or log a case through your customer portal. These should be used as guidelines. A validation of these requirements is required prior to the acceptance of the Terms and Conditions.

Software and SRP
Conditions

2. The prices quoted herein are in US $, delivered DAP Licensee location and are valid for the period set forth above.

3. This Quote does not include hardware, cables, generic or third-party software, or any other such supplies required to use the licensed software.

5. OSIsoft reserves the right to change our price list as we deem necessary.

6. OSIsoft’s standard annual SRP subscription renewal rate is 15% of current list price.
4 of 4
OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 1 of 6
OSIsoft Agreement # 2003072SLA
Corporate Family Software License and Services Agreement 1/28/22
(“Effective Date”)
This Corporate Family Software License and Services Agreement (“Agreement”) is between the parties signing below. “We,” “us” or “our” refers to OSIsoft, LLC, and “you” or “your” refers to your company as indicated below and your affiliates as defined in this agreement.

Company Name: City of Roseville
OSIsoft, LLC Tax ID: 0506129101
Address: 2090 Hilltop Circle
Roseville, California 95747-9704
United States
1600 Alvarado Street
San Leandro, CA 94577
USA
Sign:
/CustSig1/
Sign:
/CustSig2/
Name: /CustName1/ Name: /CustName2/
Title: /CustTitle1/ Title: /CustTitle2/
Date: /CustDate1/ Date: /CustDate2/
WHEREAS you, as City of Roseville/Roseville Energy Park, and we entered into a Software License and Services Agreement effectively dated December 6, 2006, amended by a Corporate Family Amendment effective September 26, 2008, adding Roseville Electric as a licensee affiliate, OSIsoft agreement no. 1014155 (“the former SLA”), and
WHEREAS you and we now wish to supersede and replace the former SLA with this Agreement, and transfer all of the licensed software thereunder and all attendant rights and responsibilities regarding the licensed software and services thereto to this Agreement, You and we agree as follows:

The former SLA is superseded and replaced by this Agreement on its effective date, for licensee and all of its affiliates, and all software and services thereunder are transferred to the terms and conditions of this Agreement.

License. We do not sell our software or your copy of it – we only license it. Subject to the terms and conditions of this Agreement, we grant you a nonexclusive, nontransferable license to use our software and accompanying documentation in accordance with the Product Usage Terms as specified at www.osisoft.com that correspond with the software licenses you purchase from us.

Any software you receive from us via file transfer protocol or other electronic delivery method is automatically governed by this Agreement regardless of whether we reference this Agreement during or in connection with any such electronic delivery, unless we state that another agreement OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 2 of 6
applies. An affiliate means any legal entity that controls, is controlled by, or is under common control with you and that is added to this Agreement. Control of an entity means having ownership of more than fifty percent (50%) of the shares or voting rights of such entity. You may add affiliates to this Agreement by providing us physical or electronic written notice that contains the company name, address, contact information for a lead contact person and such other information that we may reasonably request. We have provided a form for these requests at: www.osisoft.com. If a company you add as an affiliate to this Agreement no longer meets the ownership requirements stated above, you agree to promptly notify us in writing. You agree that any affiliate you add will be bound by this Agreement and that you will be responsible if they breach this Agreement.

Online Services. Any of our online services that you purchase or use will be governed by the agreement presented to you when you register for the applicable service.

Audit Rights. You agree that upon our request, you will provide us with a written certification that you are using our software pursuant to this Agreement, and you will also allow us to reasonably audit your records and facilities to confirm that your use of our software is in compliance with this Agreement. We will conduct our audit during regular business hours at your facilities and we will not unreasonably interfere with your business operations. If we discover that you are using our software beyond your purchased license levels, you agree that you will immediately pay for your over usage at our then-current list price. If the unpaid or underpaid fees exceed five percent (5%) of the total license fees owed by you during the twelve (12) consecutive month period preceding the audit, then you agree to reimburse us for the reasonable costs of conducting the audit.

Support, Maintenance and Field Services. We offer both (i) field services, including, for example, training classes, installation, migration and on-site training, and (ii) support and maintenance services as described in our Software Reliance Program (“SRP”) terms available from our website at www.osisoft.com. You may enroll in SRP by paying the then-current applicable fees. Orders for field services that will be provided by our local affiliate must be placed directly with that entity. If you purchase any field services from us or from our affiliates we warrant that the deliverables will comply with our applicable description of services for a period of 90-days following our performance. You agree to supply us with access to and use of all information, computer systems, and facilities reasonably necessary for us to render any on-site services under this Agreement. We will comply with all reasonable safety rules and procedures you provide to us in advance.

Ordering and Delivery. This Agreement will govern all of your orders for our software and SRP services that you submit directly to us or to one of our authorized resellers. In addition, this Agreement shall govern any field services orders that you submit directly to us or our affiliates.

Since this Agreement states all of the terms and conditions applicable to each order, you and we both agree that any additional terms and conditions that may be included with your order will not apply. Each order will contain the information necessary for us to process it. We will inform you of what information we require in our quotes or on our website from time to time. Orders will only be binding on us once we expressly accept it or when we deliver what you ordered. You will be responsible for any contractors submitting orders to us on your behalf. We reserve the right to refuse, cancel or delay shipment to you if you (i) fail to make any payment as provided in this agreement or under the terms of payment set in any invoice or otherwise agreed to between you and us; (ii) fail to meet our credit or financial requirements; or (iii) otherwise fail to comply with the terms and conditions of this Agreement. Our software and SRP deliverables shall be delivered at place (DAP INCOTERMS 2020) to your location. You understand that our software and services will evolve over time and that nothing in this Agreement will prevent us from changing or discontinuing any product or service. Unless we notify you that you do not meet our then-current OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 3 of 6
credit standards and policies, you will pay our invoices within thirty (30) days of the invoice date.

If we notify you, invoices will be due upon receipt. All fees are non-cancelable, non-contingent and non-refundable except as expressly stated in this Agreement. You will pay all amounts due under our invoices in U.S. currency, free of any and all currency controls or other restrictions. All past due amounts under our invoices will incur a charge the lower of 1.5% per month or the highest rate permitted by applicable law on the amount that is past due, beginning as of ten (10) days after the applicable due date. Except for taxes paid by us on our net income, unless otherwise agreed in this Agreement, all amounts due pursuant to our invoices are net of, and you will be solely responsible for any shipping charges, use, sales, value-added, import or other taxes, fees, tariffs or duties associated with this Agreement or your use of our software and/or SRP services. You will pay all these amounts in addition to the license and services fees we invoice you. For clarity, if you are required by applicable law to deduct or withhold taxes due to us, you will (i) withhold the legally required amount from payment; (ii) remit the withheld tax to the applicable taxing authority; and (iii) within sixty (60) days of payment, deliver to us original documentation or a certified copy evidencing remittance of withheld tax. If you do not provide evidence of payment of withheld taxes, you will reimburse us for the tax withheld from payment to us. You will comply with all applicable law, including income tax treaties and protocols, in determining the amount of tax to withhold. This subsection does not apply when you order from one of our authorized resellers. However, you agree to comply with any payment term you may have agreed with such reseller.

Limited Warranty. We warrant that, for a period of one (1) year after delivery, our software will function in accordance with the accompanying documentation in all material respects. As your sole and exclusive remedy and our entire liability for any breach of this limited warranty, we will repair or replace, at no additional charge to you, any of our software that fails to meet it. We also warrant that we either own all right, title and interest to our software, or have sufficient rights to grant you the licenses provided in this Agreement. These limited warranties shall automatically become null and void if anyone other than us modifies our software in any way. EXCEPT AS

EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH

OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW OUR EXCLUSION OF

IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR

CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A

LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER

TERM WILL APPLY, BUT YOU CAN EXERCISE ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT.

Defense of Infringement Claims. We will defend any action brought against you to the extent that it is based upon a claim that our software infringes any patent, copyright or trade secret (as defined by the United States Uniform Trade Secret Act), and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded or paid in settlement in any such action, provided that: (i) you promptly notify us in writing of the claim; (ii) you grant us sole control of the defense and settlement of the claim; and (iii) you provide us with all assistance, information and authority reasonably required for the defense and settlement of the claim, at our expense. If your use of any of our software is, or in our opinion is likely to be, subject to the type of infringement claim specified above, we may, at our sole option and expense: (i) procure for you the right to continue using our software; (ii) replace or modify our software so it is non-infringing, but retains substantially the same functionality; or (iii) if neither (i) nor (ii) can be accomplished OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 4 of 6
despite our reasonable efforts, then we may terminate your rights and our obligations under this agreement with respect to such software and refund to you the unamortized portion of the license fees paid for such software based on a straight-line three (3) year depreciation from the date you received the software. We will have no liability for infringement claims of any kind arising from (i) any use of our software beyond the scope of this agreement or any accompanying documentation; (ii) your use of our software in combination with any products not developed by us, to the extent the claim is such combined use; (iii) your failure to use updated or modified versions of our software provided or made available by us without additional charge; or (iv) our compliance with designs or specifications of a published standard or as provided by you. THE PROVISIONS OF

THIS SECTION SET FORTH OUR SOLE AND EXCLUSIVE OBLIGATIONS AND YOUR SOLE

AND EXCLUSIVE REMEDIES WITH RESPECT TO INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

Subject to the Limitations of Liability section below, to the fullest extent allowed by law, we shall indemnify, and save and hold harmless you, your officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to tangible property, resulting from or arising out of our willful misconduct or negligent act or omission while engaged on your premisesin the performance of obligations or exercise of rights created by this Agreement, except those matters arising from your sole negligence or willful misconduct.

Limitations of Liability. EXCEPT FOR LIABILITY ARISING FROM OUR DEFENSE OF

INFRINGEMENT CLAIMS OBLIGATIONS EXPRESSLY PROVIDED IN THIS AGREEMENT,

EVEN IF ANY REMEDY SET FORTH HEREIN FAILS ITS ESSENTIAL PURPOSE AND

REGARDLESS OF WHETHER A CLAIM ARISES UNDER CONTRACT, TORT (INCLUDING

NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR

DAMAGES, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF PROFIT, LOSS OF USE,

LOSS OF DATA, LOSS OF REVENUE, LOSS OF CONTRACTS, INCREASED COSTS AND

EXPENSES, WASTED EXPENDITURE, COST OF REPLACEMENT, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND. OUR TOTAL CUMULATIVE

LIABILITY TO YOU WILL NOT EXCEED THE TOTAL LICENSE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY

BEFORE THE LIABILITY AROSE, OR TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), WHICHEVER IS GREATER. Both you and we agree that the allocation of risk contained in this Section is an essential basis of this Agreement.

Confidential Information. Confidential information means our software and any accompanying documentation, in addition to any business information (including any pricing information) or technical information that is marked as “confidential” or “proprietary” at the time we provide it to you. Your confidential information also includes proprietary information related to your operations in whatever form that you disclose to us in connection with this Agreement. Our confidential information shall also include, without limitation, any software you develop that references our confidential information. Neither you nor we may use the other’s confidential information except as expressly provided in this Agreement, and you and we will use commercially reasonable measures to maintain each other’s confidential information in confidence. In all events you and we both agree that these measures will be at least as protective as those you and we each take in protecting our own confidential information of similar importance. Confidential information will not include information which: (i) is, or becomes, publicly available without a breach of this agreement; (ii) the receiver of the information lawfully knew without an obligation to keep OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 5 of 6
confidential; (iii) is received from another source who, to the best of receiver’s knowledge, can disclose it lawfully to the receiver; (v) is independently developed; (vi) is a comment or suggestion either you or we volunteer about the other’s business, products or services; or (vii) you or we have approved in writing for use or publication. The City of Roseville’s obligation to keep information confidential will not apply if disclosure is required by state or federal law or regulations, including without limitation, the California Public Records Act. Before any disclosure is made under this Act, you must seek the highest level of protection available and, when possible, give us enough prior notice to provide a reasonable chance to seek a protective order.

Transfer or Assignment of Software. You must obtain our written consent prior to: (i) moving our software from one location to another or (ii) assigning this Agreement or any software licenses to any third party or affiliate. Assignment will include any direct or indirect change in control (as defined in the first paragraph of this agreement) you or your affiliates may undergo. We may condition our consent to include updating our software to the then-current version, paying our then-current license fees, and purchasing a one-year subscription to SRP at our then-current rate.

For an assignment or transfer to a third party or an affiliate, we may require your proposed assignee to execute our then-current license agreement. Except as otherwise specified in writing by us with our written consent, orders submitted by any assignee shall be in accordance with our then-current list price. Any attempted assignment, whether by operation of law or as a result of any change in control or otherwise without complying with this paragraph, will be null and void.

Export Compliance. You acknowledge that your use or disclosure of our software, accompanying documentation, and related technical data (collectively “OSIsoft Technology”) are subject to U.S. export laws and regulation that may restrict the export and re‐export of software and technology of U.S. origin and that you will comply with all applicable U.S. laws, rules, and regulations. You agree that, if you, your parent, or any corporate affiliate that owns, directly or indirectly, 50% or more of you becomes subject to U.S. sanctions, we may terminate this Agreement as required by U.S. law and retrieve OSIsoft Technology from you and/or your facility within the time required by U.S. law.

Term and Termination. This Agreement will remain in effect unless one of us terminates it as provided in this paragraph. You may voluntarily terminate your license to our software under this Agreement at any time by destroying all copies of our software and accompanying documentation within your possession or control. Either of us may terminate this Agreement if the other breaches any material term, and such breach remains uncured for thirty (30) days after receiving written notice of it. In the event of any termination of this Agreement, you and we both agree to return, or at the other's request, destroy, all of the other party’s confidential information within ten (10) business days. At our request you agree to return or destroy all copies of our software and accompanying documentation that you possess or control. Termination of this Agreement by either you or us will be a nonexclusive remedy for breach, without prejudice to any other right or remedy you or we may have. You do not need to terminate this Agreement in order to pursue remedies (including damages) against us in the event you believe we have breached this Agreement. The paragraphs entitled “Audit Rights”, “Limitation of Liability”, “Confidential Information” and “General” will survive the termination of this Agreement.

General. You and we are each other’s independent contractors. Neither you nor we have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written authorization. Unless otherwise specified in this Agreement, all notices required or permitted under this Agreement shall be sent to the receiving party’s address specified above (or such other address specified by the receiving party in writing) and will be deemed effective upon receipt. We OSIsoft Execution Copy
CFSLSA(ENG)(August 2020) Page 6 of 6
shall not be liable for any failure or delay in our performance under this Agreement due to causes beyond our reasonable control. If you or we have a dispute relating to this Agreement, including without limitation its existence, validity or termination, you and we agree that it will be submitted to and finally resolved by arbitration under the Commercial Rules of the American Arbitration Association (the “AAA”). The arbitration panel shall consist of a single arbitrator experienced in the enterprise software industry, selected and agreed to by both you and us. If you and we cannot agree on the selection of an arbitrator, then the AAA shall appoint the arbitrator. The arbitration will be in Sacramento, California, and shall be conducted in English. The arbitrator will apply the substantive law of California, and shall provide detailed written findings of fact and conclusions of law in support of any award or decision. Judgment upon any such award or decision may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing, we may file an action in any court of competent jurisdiction to enforce our intellectual property rights in our software, accompanying documentation, and related services without first submitting our claim to arbitration. The prevailing party in any action or arbitration shall be entitled to recover all attorneys’ fees and costs including, without limitation, arbitration fees and fees of experts. If for any reason any part of this Agreement is found unenforceable, the remainder of this Agreement will be enforced to the maximum extent permissible. You consent to our use of your non-stylized corporate name in our marketing literature and customer lists. You may withdraw such consent at any time with written notice. This Agreement is the entire agreement between you and us with respect to all of our software, documentation and services. It supersedes and replaces any prior understanding or agreements (except agreements pertaining to our trial or beta software) related to any of our software, documentation or services, from the effective date forward. Neither you nor we may amend this Agreement except in writing with express reference to this Agreement and is signed by both you and us. In no event will any purported amendment or agreement be binding on us unless it is signed by one of our corporate officers. The failure by either you or us to enforce any provision of this Agreement shall not waive future enforcement of that or any other provision. You and we hereby agree that this Agreement and any documentation, agreements and/or correspondence ancillary thereto be written in English. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

COUNCIL COMMUNICATION
CC #: 2498
File #: 0203-12
Title: Real-Time Crime Center Integration Software - Sole Source Service Agreement Contact: Amanda Jones 916-774-5025 [email protected] Mark Peinado 916-774-5021 [email protected]
Meeting Date: 1/18/2023
Item #: 7.4.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a sole source purchase and deployment of the Fusus platform for use in the Roseville Police Department's Real Time Crime Center (RTCC) and authorize the City Manager to execute a service agreement with Fusus, Inc.

BACKGROUND
The City of Roseville Police Department is building a Real Time Crime Center (RTCC) with the purpose of displaying and integrating available technologies to assist with making field response to active incidents faster, more efficient, and safer for police personnel and our citizens.

The build of the RTCC includes the deployment of an integration software platform. The Fusus platform will integrate multiple applications into a single, easy-to-use, interactive display. Several alternatives were explored and it was determined that the software platform offered by Fusus is the best fit for our operation. FususONE, the company’s flagship enterprise software management system is the only platform of its kind on the market, with no comparable alternatives that meet the needs of the Roseville PD RTCC.

The Fusus platform integrates multiple existing software applications, and places them in a single, map-based interactive display. The integration of our Computer Aided Dispatch (CAD) system allows users to visualize in real-time, all of the available technology based resources in relation to calls for service. The Fusus platform also has robust, built-in tools to assist RTCC personnel in analyzing video quicker and more efficiently, and provides a secure avenue for two-way communication between the RTCC and responding units. Fusus also offers a community camera registry that provides individuals or businesses the option to share camera information with the Roseville Police Department, at their own discretion.

The vendor approached the department and offered a significant cost savings if we signed a nonbinding letter of commitment by the end of the calendar year with the final agreement contingent upon Council approval. This item is for approval of the service agreement.

FISCAL IMPACT
The total cost of the Fusus purchase includes the Fusus Pro Package software, associated hardware, integrations, training, and deployment is $74,999 per year for 3 years, for a total of $224,997. Funding for this purchase has been approved in the Police Department's FY2022-23 operating budget in 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 purchase and installation of Fusus software meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Respectfully Submitted,
Mark Peinado, Management Analyst
Troy Bergstrom, Police Chief
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 23-024
ServiceAgreement
Terms and Conditions
Quote
RESOLUTION NO. 23-024

APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF ROSEVILLE AND FUSUS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF

OF THE CITY OF ROSEVILLE
WHEREAS, a Service Agreement for the purchase and deployment of Fusus Real-Time Crime Center Integration software, between the City of Roseville and Fusus, Inc., has been reviewed by the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said service agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City ofRoseville this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

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Fusus Terms of Service
Terms and Conditions Governing a Subscriber’s Use of the Fūsus Software, and all Fūsus Solutions and Services Provided via the Software, including but not limited to the FūsusONE, FūsusREGISTRY, FūsusOPS, FūsusALERT, FūsusTIPS, FūsusNOTIFY, FūsusCORE, FūsusVAULT, FūsusCONNECT and FūsusNOTIFY product offerings.

1. Introduction:

A. Subscribers to the Terms.

The following Terms of Service Agreement (the “Terms” or the “Agreement”) is a binding agreement between Fūsus Inc. (“Fūsus”) and you, a user of the Fūsus Software (“Software”) and/or a Subscriber to the FūsusONE Real Time Interoperability Solution (“Solution”), as presented in the accompanying Offer Letter, which You agree to, either as an individual of at least eighteen years of age, or as an organizational entity, or as an associational entity, in accordance with your status and existence (“You” or “Subscriber”). These Terms govern Your use of the Fūsus Software, the Solution, and all other solutions, services and networks owned or controlled by Fūsus (all of which are included in the definition of “Content” provided in Section 1 below), which are provided to You via the Software. When You accessed this Software, and/or when You registered Your account on the Software (“Account”) and/or when You clicked the “AGREED” box on the Software login page, You acknowledged Your understanding of these Terms and Your voluntary consent to be bound by these Terms. (1) Individual Subscribers.

If You are an individual, You hereby represent and warrant to Fūsus that You are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that You agree to be bound by the Terms.
(2) Entity Subscribers.

If You are going to use the Solution on behalf of a public entity, business entity, corporate entity, organizational entity, or associational entity, You hereby represent to Fūsus that You have the authority to bind that entity to these Terms as the Subscriber, and Your acceptance of these Terms will be treated as acceptance by that public, business, corporate, organizational, or associational entity as the Subscriber. In that event, You acknowledge and understand that “You” and “Your” will refer to that public, business, corporate, organizational, or associational entity as the Subscriber, which Subscriber is bound to these Terms, along with all officers, directors, employees, contractors, agents, or volunteers in and under Subscriber’s control and/or supervision, who are also bound to these Terms.

B. Updates to the Terms.

When using the Software, the Solution, and/or any other solutions and/or services provided by Fūsus via the Software, You will be subject to any updates and revisions to these Terms. Fūsus reserves the right, at Fūsus’s sole discretion and without prior notice to You, to update, amend, change, modify, add, or remove portions of these Terms at any time by posting the updated Terms (“Updates”). Unless otherwise stated in writing by Fūsus, all Updates shall be effective immediately upon posting on the Software, and Your continued use of the Fūsus Software after the posting of any Updates to these Terms constitutes Your binding acceptance of such changes.

You acknowledge and agree that itis Your responsibility toensure that You are current and up-to-date in Your understanding of and compliance with these Terms, notwithstanding whether or not Fūsus has posted any notice of Updates to these Terms on the Software, and you acknowledge, understand, and agree that You must periodically check these Terms for Updates. Additional posted policies, guidelines or rules applicable to specific services and features, may be posted from time to time (“Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any other document that has been incorporated by reference herein, these Terms shall control.

2. CONTENT.

A. Content Defined.

The Software contains the Solution and may contain other solutions and products and services, as well as a variety of materials and other items relating to the Solution and to Fūsus’s other products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” ofthe Software and of the Solution, and the compilation, assembly, and arrangement of the materials of the Software and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by Fūsus and those owned by third parties and licensed to Fūsus for use on the Software (collectively, “Trademarks”), and other forms of intellectual property included in the Software, in the Solution, and/or in any other product or solution or service provided by Fūsus. All of the foregoing, including the Solution and any other solutions, products, and/or services provided by Fūsus through the Software is defined and referred to collectively in these Terms as “Content”.

B. Ownership.

The Software (including any past, present, and future versions) and the Content are owned by Fūsus or controlled by Fūsus through licenses granted to Fūsus by its licensors. All right, title, and interest in and to the Content available via the Software is the property of Fūsus or of our licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property, and unfair competition laws. In addition to Fūsus’s copyright ownership of the Content, Fūsus owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Software. “Intellectual Property Rights,” as used in these Terms, means any and all rights belonging to Fūsus and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between You and Fūsus, Fūsus retains all its respective titles, interests, and ownership in the Software and the Content, and You understand and acknowledge that neither You nor any other Subscriber acquires any ownership in any Intellectual Property Rights regarding the Software or the Content under these Terms.

C. Limited License Granted to You.

Subject to Your strict and ongoing compliance with Your Subscription Agreement and with these Terms, Fūsus Updated 08.30.2022
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grants You a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use the Software and the Solution (the “Limited License”). The foregoing Limited License does not give You any ownership of, or any other intellectual property interest in, any Content (including, but not limited to, the Solution), and Fūsus reserves the right to suspend or terminate, at any time and for any reason, Your Limited License without any advance notice to You, and without any liability. This Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Software. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to You are reserved by Fūsus. Any unauthorized use of any Content or the Software for any purpose is strictly prohibited.

3. SUBSCRIBER-GENERATED CONTENT: CONTENT YOU SUBMIT.

A. Your Ownership of Subscriber-Generated Content.

Fūsus may provide a Subscriber the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Software (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials created by a Subscriber (collectively, “Subscriber-Generated Content”). Subject to the rights and license You grant to Fūsus under these Terms (see below), You retain whatever legally cognizable right, title, and interest that You have in Your Subscriber-Generated Content. You understand and acknowledge that Fūsus has no obligation to monitor or enforce Your intellectual property rights to Your Subscriber-Generated Content. (hereinafter, “PII”).

B. Fūsus’s Enforcement Rights in Subscriber-Generated Content.

You grant Fūsus the exclusive right to protect and enforce its licensed rights to Your Subscriber-Generated Content while it is posted on the Software, including the right to bring and control enforcement actions in Your name and on Your behalf at Fūsus’s cost and expense.

C. Your Representations and Warranties and Your Indemnification Obligationsfor Your Subscriber-Generated Content.

Each time You submit any Subscriber-Generated Content, You represent and warrant that You are the sole author and owner of the intellectual property and other rights to the Subscriber- Generated Content, or You have a lawful right to submit the Subscriber-Generated Content.

4. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT.

DMCA Notice for Copyright Infringement.

Fūsus will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below. If You own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of Subscriber-Generated Content on the Software, then You may send us a written notice that includes allof the following:

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(1) a subject line thatsays: “DMCA Copyright Infringement Notice”; and (2) a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted worksare covered by a single notification, a representative list of such works; and (3) a description of the location of the infringing material on the Software; and (4) Your full name, address, telephone number, and e-mail address; and (5) a statement by You that You have a good faith belief that use of the allegedly infringing material in themanner complained of is not authorized by the copyright owner; and (6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, andthat You are the copyright owner (or, if You are not the copyright owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and, (7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which willserve asYour electronic signature.

Fūsus may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Fūsus may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

B. Mode of Communication.

Fūsus will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:By Mail:

Fūsus
ATTN: DMCA Notice
5550 Triangle Pky, Suite 100 Peachtree Corners, GA 30092 By E-Mail:
[email protected]
We may send the information that You provide in Your DMCA Notice to the person who provided theallegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Fūsus’s other rights, Fūsus may, in appropriate circumstances, terminate a repeat infringer’s access to the Software and any other Software owned or operated by Fūsus.

C. DMCA Counter-Notification regarding Copyright Infringement.

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If access on the Software to a work that You submitted to Fūsus is disabled or the work is removed as a resultof a DMCA Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(1) a subject line that says: “DMCA Counter-Notification”; and (2) a description of the material that has been removed or to which access has been disabled and thelocation at which the material appeared on the Software before it was removed or disabled; and (3) a statement made under penalty of perjury that You have a good faith belief that the material wasremoved or disabled as a result of mistake or misidentification; and (4) Your full name, address, telephone number, e-mail address, and the username of Your Account; and (5) a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the UnitedStates District Court for the District of Georgia), and that You will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (6) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which willserve asYour electronic signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA CounterNotification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the materialon the Software.

You should also be aware that we may forward the DMCA Counter-Notification to the partywho sent us the DMCA Copyright Infringement Notice.

D. Reporting Infringement of Other Intellectual Property.

If You own intellectual property other than a copyright and believe that Your intellectual property has been infringed by an improper posting or distribution of it on the Software, then You may send Fūsus a written notice to one of the addresses set forth in Section 4.A. above that includes all of the following:
(1) a subject line that says: “Intellectual Property Infringement Notice”; and (2) a description of the intellectual property that You claim has been infringed, or a list of the intellectual (3) property if multiple works have been infringed; and a description of the location of the infringing material on the Software; and
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(4) Your full name, address, telephone number, and e-mail address; and (5) a statement by You that You have a good faith belief that use of the allegedly infringing material in themanner complained of is not authorized by the owner; and
(6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, andthat You are the owner (or, if You are not the owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and,
(7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which willserve asYour electronic signature.

Fūsus will act on such notices in its sole discretion. Any User of the Software that fails to respond satisfactorilyto Fūsus with regard to any such notice is subject to suspension or termination. We may send the informationthat You provide in Your notice to the person who provided the allegedly infringing material.

4. YOUR ACCOUNT AT FŪSUS.

A. Registration.

To access the Solution through the Software, You not only must execute a Subscription Agreement, but also You must become a registered user of the Software by establishing an Account. The Software's practices governing any resulting collection and use of Your personal information in Your Account are disclosed in its Privacy Policy.

B. Usernames and Passwords.

If You register for any feature of the Software that requires a password and/or username, such as the Solution, then You will select Your own password at the time of registration (or we may send You an email notification with a randomly generated initial password) and You agree to the following:
(1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongsto another person, that violatesthe intellectual property or otherright of any person or entity, or that is offensive (Fūsus may reject the use of any password, username, or email address for any reason in our sole discretion); and
(2) You will provide accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as You use the features to which the registration relates; and (3) You are solely responsible for all activities that occur on the Software under Your Account, password, and username, whether or not You authorize the activity (except to the extent that any activity occurs due to unauthorized use of Your password and username by another person or entity), and, accordingly, if You are an entity Subscriber, You are solely responsible for the actions of all persons subject to Your control and/or supervision who access the Software and the Content through Your subscription; and (4) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your computers, phones, pads, tablets, or other Internet Access Devices, so that unauthorized persons may not access any password protected portion of the Software using Your name, username, or password; and (5) You will immediately notify Fūsus of any unauthorized use of Your Account, password, or username, orany other breach of security; and
(6) You will not sell, transfer, or assign Your Account or any Account rights.

Fūsus shall have no liability for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing security obligations.

C. Termination in the Event of Non-appropriation.

If You are a public entity and do not appropriate funds for this agreement, then this agreement and all Your obligations terminate. A refund will be provided for any unused portion of the paid subscription, after the 30-day notice period through the remainder of the term.

D. Software Access Charges.

Fūsus reserves the right, upon reasonable notice, to charge for access to some or all of the Software, charge for access to premium functionality or Content on some or all of the Software, or require a subscription or registration to access some or all of the Software. Fūsus further retains the right to changethe terms and conditions for accessing the Software or portions of the Software; and the right to restrict access to the Software or portions of the Software, in whole or in part, based on any lawful eligibility requirements Fūsus may elect to impose (e.g., geographic or demographic limitations). Fūsus may modify,revalue, or make the registration free at its sole discretion without advance notice or liability.

E. Your Use of an Internet Access Device and Third-Party Components.

You understand and agree that Your use of any Internet Access Device and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by You to access the Software (“Third-Party Components”) are the sole and exclusive responsibility of You, including all costs of Your use of such Third-Party Components, and that Fūsus has no responsibility for such third- party components, services, or Your relationships with such third parties. You agree that You shall at all timescomply with the lawful terms and conditions of Your agreements with such third parties. Fūsus does not represent or warrant that the Software and the Content are compatible with any specific third-party hardware or software or any other ThirdParty Components. You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Software.

F. Wireless Features.

The Software may offer certain features and services that are available to You via Your wireless Internet Access Device. These features and services may include the ability to access the Software’s features and upload content to the Software, receive messages from the Software, and download applications to Your wireless Internet Access Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Updated 08.30.2022
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Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Internet Access Device. You shouldcheck with Your carrier to find out what plans are available and how much they cost. Contact Your carrier directly with questions regarding these issues. You understand and acknowledge that Fūsus has no responsibility or liability for Your ability or inability to access or take advantage of any Wireless Features due to Your carrier, Your phone service plan, Your Internet Access Device, or any other Third-Party Component.

G. Customer Service.

Fūsus acknowledges the importance of response times for critical systems when technical issues arise. As such, Fūsus shall provide technical support during normal business hours from 9am to 5pm ET, and via an on-call afterhours support team which is available on a 24/7/365 basis. When technical issues arise, Subscriber may contact Fusus Technical Support via phone at: (844) 226-9226 ext. 2 or via email at: [email protected]. Fusus will make every effort in all circumstances to respond to Subscriber technical support inquiries in a timely fashion. For afterhours support requests, Subscriber shall notify Fusus of the priority of their request when it is submitted. The priority shall determine the guaranteed response time as detailed below:
(1) Priority 1 – Technical concerns impacting a single or multiple users that require immediate resolution during critical incidents or major events at the Agency/Organization. Fūsus to return customer’s call or email within 2 hours, including holidays and weekends.
(2) Priority 2 – Technical concerns impacting multiple users, non-critical/major events. Fūsus to return customer’s call or email within 24 hours.
(3) Priority 3 – Technical concerns impacting a single user, non-critical/major events. Fūsus to return customer’s call or email within 1 business day.

5. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.

A. You represent and warrant the following in respect of this Agreement:
(1) You have the necessary authority to enter into this Agreement; and (2) If You are an individual, You are over the age of eighteen; and (3) You shall cooperate with all of the instructions, rules, and procedures that apply to Your Fūsus Account; (4) You have provided and will continue to provide true, accurate, current, and complete Accountregistration information; and
(5) You willrespect andabideby allof Yourobligationsunder thisAgreement, andYouwillperformYour obligations under this Agreement diligently; and
(6) If You are an entity Subscriber, You will monitor and closely supervise all of the persons under Your employment, including all officers, directors, employees, contractors, agents, and legal representatives who access the Software and the Content through Your subscription to ensure their compliance with theseTerms, and You understand, acknowledge, and agree that You are entirely responsible for such complianceby all persons subject to Your control and/or supervision; and (7) Youwill complywithalllaws andregulationsapplicabletothisAgreement andtotheSoftwareand Content, include all laws regarding personal rights of privacy and publicity.

B. Expressed Warranty.

Products manufactured by Fūsus are warranted to be free from defects in material and workmanship under normal use and service. This warranty is applicable to any of Fūsus’s products provided as part of the Software as a Service agreement with Subscriber, or purchased by Subscriber for use with their subscription, that Subscriber returns to Fūsus during the period of the initial term of the agreement. (1) Real-Time Crime Center in the Cloud Subscribers (RTC3): All equipment issued as part of a RTC3 project, including fususCORE™ appliances and peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization. (2) Security Operations Center in the Cloud Subscribers (SOC2): All equipment issued as part of a SOC2 project, including fususCORE™ appliances and peripherals, are warranted for one (1) year from the original date of shipment to Subscriber or its authorized reseller. Extended annual warranty periods purchased by Subscriber for coverage after the first year must be purchased prior to the original shipment of hardware to be considered valid. All warrantied hardware will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization.

Fūsus's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at Fūsus's sole option. Fūsus shall bear round-trip shipment costs of defective items found to be covered by this warranty. Defective products or parts thereof may be replaced with either new, factory refurbished, or remanufactured parts. Defective parts, which have been replaced, shall become Fūsus property. This warranty does not extend to any product sold by Fūsus which has been subjected to misuse, neglect, accident, improper installation by a non-authorized 3 rd party, or a use for purposes not included or
not in accordance with installation procedures and instructions furnished by Fūsus, or which has been repaired or altered by persons other than Fūsus or which has been damaged by secondary causes, including but not limited to, improper voltages, adverse environment conditions, improper handling, or products which have had their serial number or any part thereof altered, defaced, or removed.

6. INDEMNIFICATION AND LIABILITY
A. Fūsus shall indemnify, defend and hold the Customer and its officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (i) any act or omission of Fūsus, its officers, employees, subcontractors, or agents in connection with the performance of the Services; (ii) any security breach or other breach of a covenant, representation or warranty made by Fūsus under this Contract; and (iii) use by Fūsus of any intellectual property in connection with the Services (whether such intellectual property is owned by Fūsus or a third party) or the incorporation by Fūsus of intellectual property into the Services.

7. GENERAL PROVISIONS.

A. Severability and Interpretation.

Updated 08.30.2022
If any provision of this Agreement, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement which will remain in full force and effect.

B. Communications.

Whenever You communicate with Fūsus electronically, such as via e-mail, You consent to receive communications from Fūsus electronically. Please note that, except as set forth in the provisions of thisAgreement regarding the DMCA, Fūsus is obligated to respond to inquiries that it receives.

C. Assignment.

Fūsus may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by You, and You may not delegate Your duties underthese Terms, without the prior written consent of an officer of Fūsus.

D. No Waiver.

Except as expressly set forth in this Agreement, no failure or delay by You or Fūsus in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.

E. No Partnership or Joint Venture.

Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between You and Fūsus.

F. Complete Agreement.

This Agreement contains Your entire understanding with Fūsus with respect to the subject matter and supersedes any and all prior oral or written proposals or understanding.

Updated 08.30.2022
Roseville Police Department
Reference: 20221118-104330898
Quote created: November 18, 2022
Quote expires: December 30, 2022
Quote created by: James Macedo
Public Safety Advisor
[email protected]
+1 (209) 609-1433
Products & Services
Item & Description SKU Quantity Unit Price Total
Pro Package SaaS
SaaS Subscription to Include 500
Data Points/Video Streams and 5
TBs of Cloud Storage
FUSE-S-1-
1001
1 $74,999.00 /
year
$74,999.00 /
year
for 3 years
Core Pro Appliance CORE-P200115 $600.00 $0.00
after 100%
discount
Core Elite AI Appliance CORE-AI20017 $5,000.00 $0.00
after 100%
discount
Subtotals
Annual subtotal $74,999.00
One-time subtotal $0.00
after $44,000.00 discount
Total $74,999.00
Roseville Police Department
1051 Junction Blvd
Roseville, CA 95678
United States
Troy Bergstrom
Chief
[email protected]
+1 (916) 774-5000
Questions? Contact me
James Macedo
Public Safety Advisor
[email protected]
+1 (209) 609-1433
Fusus, Inc.
5550 Triangle Parkway
Peachtree Corners, Georgia 30092
United States of America

COUNCIL COMMUNICATION
CC #: 2475
File #: 0203-12
Title: Firing Range Target System - Sole Source Contract Purchase Agreement Contact: Scott Christian 916-774-5099 [email protected] Mark Peinado 916-774-5021 [email protected]
Meeting Date: 1/18/2023
Item #: 7.5.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a sole-source contract purchase agreement to Action Target, Inc. in the amount of $204,479.98 for a Firing Range Target System.

BACKGROUND
The Roseville Police Department indoor shooting range, also known as the James A. Hall Firing Range, was built in 1998. The shooting range was installed a year after the Roseville Police Department (RPD) moved to 1051 Junction Blvd from 401 Oak St, in 1997. The shooting range equipment was built and installed by the Meggitt Corporations. All equipment inside the shooting range is the original equipment and technology from the original installation in 1998. Though the range backstop is professionally mined for lead removal, the range equipment has never been upgraded. All maintenance of the range has been handled by RPD or City of Roseville personnel.

The shooting range is not only used by RPD, but also by many surrounding law enforcement agencies. During the 24 year lifespan of the indoor shooting range, the range has had countless thousands of rounds of ammunition fired in it. Much of the range equipment is worn out, damaged, and in need of replacement. RPD has depleted its original supply of spare parts from 1998.

If approved, the existing target holders and the target carrier system would be removed from the shooting range. All metal target carrier/target holders would be recycled by the City of Roseville. A new stationary target holder system would be installed by Action Target, Inc., along with a lateral moving (left and right) target carrier system. Additionally, the inside walls of the shooting range would be steel plated out to a distance of 20 feet from the backstop, thus making the walls bulletproof. The range would also be outfitted with two mobile target carriers to assist more realistic training. The fixed turning target and lateral moving target systems are proprietary to the vendor, Action Target, Inc.

FISCAL IMPACT
The total cost for the Firing Range Target System will be $204,479.98. Funding for this purchase has been approved in the amount of $190,000 from the Equipment Replacement Fund. There are sufficient funds in the FY2022-23 Police Department's operating budget in the General Fund to cover the remaining $14,479.98. No additional funds are being requested.

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 purchase of a firing range target system meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Mark Peinado, Management Analyst
Troy Bergstrom, Police Chief
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 23-010
CPA#3002599 for Action Target
RESOLUTION NO. 23-010

APPROVING A SOLE SOURCE CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ACTION TARGET, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a sole source contract purchase agreement (3002599) for the purchase of a firing range target system for the Roseville Police Department, between the City of Roseville and Action Target, Inc., has been reviewed by the Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said sole source contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City ofRoseville this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
Contract Purchase Agreement 3002599
Supplier Details:

Company Action Target Inc.

Contact Chris Hart
Address 3411 S. Mountain Vista Parkway
Provo, UT 84606
Submit your response to:

Company City of Roseville
Contact Joanna Oukrop
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1102
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

The following guidelines must be followed for the signature block on the agreement:

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599
Agreement 3002599
Agreement Date 19-OCT-2022
Revision 0
Agreement Amount 204,479.98 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Action Target Inc.
3411 S. Mountain Vista Parkway
Provo, UT 84606
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
(801) 319-1314
()
[email protected]
Description of
Labor,
equipment
and/or materials
The vendor shall provide equipment and labor for the purchase and installation of a 10- lane, 25-yard tactical indoor range, dual running man moving target system, combat wall baffles, factory installation, and full training of range staff in accordance with the attached Action Target quotation number 137472 dated 10/17/22.

START DATE: Executed Agreement
END DATE: Upon Payment of Final Invoice
Please contact Mark Peinado in the Police Department at (916) 774-5040 or [email protected] for questions regarding this agreement.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 15325 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
Joanna Oukrop Phone 1-916-746-1102
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

Contract Terms and Conditions

1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole or active negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.

3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

4. Time is of the essence of this Agreement.

5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.

6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.

7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.

8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.

9. All prevailing wages and fair employment practices must be adhered to. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices.

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.

10. Contractor agrees to the below insurance requirements:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.
3 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney.
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage (except Workers' Compensation) and for ongoing and completed operations. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. 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.
d. Cancellation/Modification. Contractor shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement 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 City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.

Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

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.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General 4 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.

11. Contractor shall comply with all federal, state and local laws and ordinances, including but not limited to the City's storm water regulations, as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville. ca.us/stormwater for links to more information on the City's storm water regulations.

12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.

13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by email delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof.

14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

16. 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.

17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.

18. 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 agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

19. Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. 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. All claims must be received prior to acceptance of the work.

20. Contractor certifies that Contractor, its employees, directors, officers, agents, 5 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency.

21. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.

22. CONTRACTOR agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONTRACTOR and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.

CONTRACTOR and CITY agree that: (a) CONTRACTOR is free from the control and direction of CITY in connection with the performance of the work; (b) CONTRACTOR is providing services directly to CITY; (c) CONTRACTOR has and will maintain at all relevant times a business license; (d) CONTRACTOR maintains a business location that is separate from CITY; (e) CONTRACTOR is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONTRACTOR actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (h) CONTRACTOR provides its own tools, vehicles, and equipment to perform the services; (i) CONTRACTOR has negotiated its own rates; (j) CONTRACTOR set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONTRACTOR has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.

The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.

Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _PW-LR-1000407538____________________________ Check mark the applicable company type below:
_____X______ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
City Reserves the right to withold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.

Construction T&C
REV 3/2/21 JS
6 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 NA
NA
Contract Purchase Agreement 3002599

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):

Construction:_X__
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
7 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.

Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 8 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

Asbestos-Containing Materials in City-Owned Buildings
California Health and Safety Code Section 25915 requires that all City of Roseville employees, contractors and lessees be notified annually of the presence of asbestos in City-owned buildings constructed prior to 1979. Please post this notice in an area(s) accessible to all employees, contractors and lessees. Contact Facility Maintenance & Operations at (916) 774-5740 for more information about Asbestos Containing Materials (ACMs) in specific City-owned buildings. For more information about asbestos refer to the OSHA website.

The City of Roseville is committed to maintaining a safe and healthy work environment. The City' s Facility Maintenance & Operations staff conducts ongoing inspections to identify and safely manage previously installed asbestos-containing products. Renovation of City-owned buildings MUST be reviewed in advance by Facility Maintenance & Operations to ensure the City is in compliance with building codes, Americans with Disabilities Act and that no ACMs are disturbed without proper safeguards. Work that requires removal or repair of ACMs is restricted to trained and qualified persons only. Facility Maintenance & Operations will need to approve the qualified contractors.

Use the following measures to protect you and others from exposure to airborne asbestos:
● Presume all building materials contain asbestos until determined otherwise by Facility Maintenance & Operations.
● Do not install walls, closets, cabinets, ceilings.
● Do not remove, cut, drill, sand, grind or otherwise disturb any material in the buildings, including carpet and tile.
● Do not paint (this includes any walls, ceilings, floors and electrostatic painting of office furniture).
● Do not remove any items nailed or screwed to the walls (this includes pictures, cabinets, electrical, etc.).
● Do not go above ceilings, behind walls or into building spaces such as attics and crawlspaces unless these areas have been inspected and cleared by Facility Maintenance & Operations.
● Do not pull cable or wiring through above-ceiling spaces with asbestos. ● Do not install screws, pins, nails or hangers into asbestos ceiling or wall plaster. ● Be careful not to damage walls, ceilings or floors when moving furniture or equipment. It is recommended that Facility Maintenance & Operations be contacted prior to moving furniture or equipment.
● Do not brush, sweep or vacuum textured asbestos ceiling plaster or plaster debris. ● Immediately report any damage or deterioration of suspect building materials to Facility Maintenance & Operations or Risk Management.

It is important to note that the presence of asbestos does not mean you have been exposed.

Exposure results when friable asbestos particles are inhaled or ingested. Asbestos becomes friable when material containing asbestos is drilled, sanded or disturbed by remodeling or demolition work or when the ACM has deteriorated. Intact, bonded, sealed or undisturbed asbestos does not pose a hazard.

Employees may review the asbestos survey reports, results of bulk sampling or air monitoring conducted in City-owned buildings. All asbestos data will be available by appointment with Facility Maintenance & Operations.
9 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 Contract Purchase Agreement 3002599

Sign to acknowledge receipt of asbestos notification:

Asbestos
Rev 01/16/19
10 DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 10/24/2022
Action Target, Inc.

Contract Purchase Agreement 3002599

ACTION TARGET PROPOSAL
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

ACTION TARGET PROPOSAL
3411 Mountain Vista Pkwy, Provo Ut 84606
ActionTarget.com | 888.377.8033
Roseville PD, CA - OCT 2022
Quotation Number: 137472
Prepared by: Chris Hart
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

PRICING TABLES
INDOOR RANGE TARGET SYSTEMS Price
10 Lane 25 Yard Tactical Indoor Range - 50' wide
Fixed Lateral Electric Turning Targets w/ tablet control (10 Lanes) • Inverted 360 degree electric turning target system
• Adjustable target spacing across track
• Redundant controls: fixed touchscreen, wireless tablet • Requires (2) 120 v 16 FLA power supplies down range
• (Not included by ATI)
• (1) up range 120v 16 FLA power supplies
• (Not included by ATI)
DRM PRO - Dual Running Man Moving Target System - (48' wide) • (2) individual laterally moving target carriers
• Speeds from 5-20 feet per second
• Controlled with Turning Target control system
• Requires 220v power at the firing line
• (Not included by ATI)
• (1) Up range 120v 16 fla power supply
• (Not included by ATI)
Combat Wall Baffles - Covers 20' of walls in front of bullet trap • Allows for safe 180-degree training on range walls
• 3/8" AR500 w/ 2" acoustical rubber tile fascia for rifle use Performance Bond Included
Action Target Factory Installation at CA Prevailing Wage Rates -Includes demolition of existing target retrievers (disposal by Roseville) -Does not include demo of existing rubber panels. To be performed by Roseville Full Training of Range Staff
• Includes Prevailing Wage Rates
Ground Freight
Includes Taxes
$198,780.00
Trusted Partner 3-Year Warranty
- Comprehensive Trusted Partner Warranty covers both parts and labor due to manufacturing or product defects.
$0.00
Total $198,780.00
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 PORTABLE BULLET TRAPS Price QT
Y
Subtotal
(2) Rie Rated Portable Bullet Traps
-1/2 thick AR500 impact plate
-2” thick rubber fascia to contain splatter and allow for a direct target mounting location
-Stands at 6’ tall
-45”x25” target surface
-No exposed bolts or brackets in the target zone
-Convenient dump tray for collecting spent lead and jackets $2,849.99 2 $5,699.98
Total $5,699.98
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

TERMS & CONDITIONS
Action Target Inc. may be referred to as "Action Target" or "ATI" throughout this proposal.

PROPOSAL DATE Oct 17, 2022
PROPOSAL VALIDITY 30 days from Oct 17, 2022
PAYMENT TERMS 1. PO with Milestones

2. ATI reserves the right to adjust installation costs based upon the actual site conditions encountered.

3. Unless explicitly itemized, price does not include bonds, fees, assessments, licenses, permits, mandatory wage requirements, other regulatory costs that may be applicable to the job site, or anything else not expressly identified in this proposal.

4. Price applies to range equipment and systems only. It does not include site preparation, construction, trusses/baffle supports, electrical, conduit, or any other work not directly contained in ATI's scope of work.

Steel Pricing Terms The Parties acknowledge that the Total Contract Price includes an estimated costs for steel to be utilized in the ATI equipment being provided as part of this Agreement. If the actual price for steel at the time ATI orders the steel for this project is less than the amounts estimated in the current Total Contract Price, ATI agrees to adjust the Total Contract Price accordingly and credit Customer the difference. ATI will utilize the “Notice to Proceed” as the time frame to asses the cost of steel for the project, including Industry Indexes and then current quotes from ATI’s steel suppliers.

HVAC Terms If any changes to scope, design, or layout are requested by the Customer which require a change to be made to the HVAC equipment ordered after the contract execution, customer agrees to pay ATI for any increased costs incurred from such changes. Also, if drawings are not approved by customer within five (5) months of signed contract, customer agrees to pay ATI the difference in HVAC equipment pricing. Current HVAC equipment cost increases estimated to be between 2% and 5% per month. ”
SHIPPING TERMS 1. FOB destination: prepaid.

2. Shipping costs are estimates and subject to change; actual shipping costs will be subject to availability and rates at time of purchase.

DELIVERY &

INSTALLATION
TERMS

1. Manufacturing shall take no fewer than 18 weeks

2. Full Installationestimated 7 working days.

3. Installation cost is based upon having forklift and scissor lift access. If forklift and scissor lift access is not available, the installation cost will increase.

DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

ACTION TARGET

RESPONSIBILITIES

1. Consultation and recommendation of optimal range design.

2. Design of ranges for complete ballistic containment.

3. Procurement, engineering, cutting and painting of ballistic steel plate.

4. Manufacture of targets and control systems.

5. Provision of sound attenuation material as called out on ATI drawings.

6. Design, engineering, and supply of HVAC systems provided by ATI. (if applicable to this project)
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

CUSTOMER

RESPONSIBILITIE
S

1. Buyer to verify the ceiling structure within the range is capable of containing any errant type secondary bullet impacts.

2. All conduit, A.C. wiring, A.C. electrical connections, lighting, and any duct work is specifically excluded from this proposal and scope of work. If conflict with HVAC, plumbing or electrical equipment occurs, it will be the owner's / contractor's responsibility to resolve issues in a timely manner. Any delays from these may require a change order for additional install time.

3. Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment.

4. Permits, licenses, special insurance requirements, bonds (when applicable), regulatory costs, or any other special fees unknown at this time.

5. Concrete work including slabs, footings, and walls, floor trenching and wall notching (if applicable).

6. Structural work of any kind, including structural supports, canopies, etc.

7. Engineering of ceiling or roof structures, trusses, beams cross-members, columns or pillars to accommodate baffle, trap, target systems, lighting and HVAC equipment weight loads.

Weights and load points will be provided in ATI drawings for utilization by the general contractor, engineer or architect.

8. Drop ceiling behind the safety ceiling at the firing line or other light fixtures in this area.

9. Temporary lighting and power (including 3 phase, if necessary).

10. Supplying of electrical services, electrical outlets, conduit(s), junction boxes, disconnects, stub-outs and lighting of any kind.

11. 120-volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel, labor to assist ATI's control technician with pulling in all necessary low voltage cable (all control conduits are required to have pull strings installed prior to arrival of ATI's start-up technician), labor and hardware to install DDC control panels in the building and on the roof, dedicated 120-volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves.

12. Power and disconnect switches to all equipment per local code and manufacturer’s requirements on the equipment, VFDs for the electrical contractor to mount and wire (ATI will only supply low voltage wire connections).

13. Range lighting controls and wiring. (unless specifically called out in quote)

14. Gas, water, and drain piping to the ventilation equipment set by ATI;

15. Cutting, coring, sealing and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable).

16. Additional fees related to “customization” of product or work otherwise identified as “custom”.

17. Action Target MUST have temporary internet access at the facility to program HVAC controls.

HVAC maintenance personnel must be present for commissioning to learn troubleshooting for post sign-off.

18. Any other work, materials or equipment that is not expressly included in the ATI Work.

19. Disposal of construction waste.

20. Wash area and restroom facilities.

DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

TERMS &

CONDITIONS
CLAUSE
This is a summary of standard Action Target Inc. Terms and Conditions. Action Target Inc. reserves the right to change, modify or add to these Terms and Conditions in the final customer contract.

DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 TRUSTED PARTNER WARRANTY™
3-YEAR COMPREHENSIVE COVERAGE
Action Target’s 3-year Trusted Partner Warranty is peace of mind for gun ranges.

It is uninterrupted training for those that serve. It is a resounding pledge from Action Target to its customer’s success as the Trusted Partner at Every Level™.

Our Promise
The comprehensive Trusted Partner Warranty covers both
parts and labor due to manufacturing to product defects.

LEARN MORE
ActionTarget.com/TrustedPartnerWarranty

CORE PRODUCTS COVERED
§ Genesis™ Target Retriever
§ Pilot™ Target Retriever
§ SmartRange Axis™ Range control
§ Vortex™ Steel Trap
§ Baffles and Deflectors
§ Turning targets
§ DRM Pro™ § Auto Targets™
§ Shooting Stalls
§ Rubber Berm Trap
§ MATCH™
§ TAC House™
§ Line of Fire™
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2 FIXED LATERAL 360

FEATURES

LEARN MORE
ActionTarget.com/Fixed-Lateral-360

UNIQUE FEATURES, ADVANCED TRAINING
The Fixed Lateral 360 system allows inverted targets to be repositioned laterally along a fixed rail, spaced apart or in groups, without the use of tools. Used in conjunction with the DRM Pro™ target system, these targets can represent bystanders or threats to simulate real-world scenarios. 360° Turning
Targets can turn 90, 180, and 360 degrees in
the blink of an eye.

Ballistic
Exposed downrigger is built using AR500 steel
to resist damage from bullets.

Quiet
Electric motor operates quietly, preventing
shooters from anticipating movement.

Connected
Integrates with our range control software for
advanced features and functionality.
§ 360° Turning § Advanced Quick Release Clamp
§ Ballistic AR500 Steel Downrigger § Lateral Repositioning § Connected to Range Control § Electrical
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

DRM PRO

FEATURES

LEARN MORE
ActionTarget.com/DRM_Pro

ENHANCED TRAINING AT YOUR FINGERTIPS
The DRM Pro is a state-of-the-art running man target. Equipped with two independent target carriers, variable speeds up to 20 fps, and programmable scenarios, this system offers shooters the most realistic training available.

Fast
Targets travel at speeds up to 20 FPS
for realistic training.

Smart Device Control
The DRM Pro may be controlled on any Wi-Fi
enabled device and provides access to service logs
for maintenance.

Configuration
Inverted: System is installed behind the last row of
ceiling baffles.

Two in One
Dual runners on parallel tracks provide enhanced
dynamic training.

Connected
System connects with central range control and
nearly any smart device.

Powerful
Heavy-duty inductive motors and hardened pulleys
are built to last in any environment.
§ Control Interface Runs on Any Smart Device § Variable Speeds Up to 20 FPS § Integrates with Range Control Software § Target Positions are Accurate Within 6" DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

WALL BAFFLES
Wall Deflectors
Wall deflectors are installed in front of the bullet trap and over wall seams to keep rounds within the range. Deflectors are comprised of two components that are precisely engineered to direct rounds downrange. Deflectors are also designed with replaceable wear plates.

FEATURES
§ Prevents Splatter § Modular
§ Customizable § 180° Training

LEARN MORE
ActionTarget.com/Wall-Baffle

KEEP ERRANT ROUNDS SAFELY CONTAINED
A critical safety priority for any indoor range is making sure bullets cannot escape outside the range. Wall baffles provide an extra level of protection to wall structures and ensure that all rounds are contained within the range.

Safe
Wall baffles provide ballistic protection for wall structures and can contain thousands of rifle and handgun bullets, preventing errant rounds from escaping the shooting
range.

Customizable
Action Target’s wall baffles are compatible with various fascia options, range sizes, and ballistic ratings.

Modular Design
Individual baffles may be replaced as necessary, which
keeps maintenance costs low.

Fascia
Wall baffle fascia helps contain splatter and provides
sound abatement for the range.

Wood Panel
A layer of wood over the baffle contains bullet splatter, keeping shooters and range staff safe.

Air Gap
A wood or steel furring within the baffle provides space for bullets to splatter.

Ballistic Steel Baffles
Steel baffles prevent bullets from escaping the range and protect structural walls from projectiles fired at oblique angles. ATI Class 1 (handgun) and ATI Class 2 (rifle)
options are available.

DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

DESCRIPTION
Portable bullet traps extend the life of the shoot house by capturing rounds in an easy to maintain facade. Strategic placement of bullet traps can significantly reduce the amount of rounds fired into the shoot house.The trap is large enough to accept standard size paper and cardboard targets and they are easily attached with staples or pins. Replaceable rubber fascia and steel backplates are also available.

USE
The system is used inside MATCH™ shoot houses to extend the life of the walls and reduce the frequency of recommended inspections. It can also be used in other applications to collect lead fired at paper or cardboard targets. The portable bullet trap should only be used in front of another ballistic surface (such as a bullet trap, berm, or balllistic wall).

Paper and cardboard targets can be attached directly to the rubber face of the portable bullet trap and quickly repositioned anywhere to enhance the training environment.

SPECIFICATIONS
§ Impact Plate Construction: 1/2" AR500 steel
§ Total Weight: 340 lbs
§ Facade: 2" SBR rubber
§ Standard Features:
¬ Replaceable rubber facade
¬ Easy empty tray
¬ Brass deflecting wheel base
§ Available Options:
¬ All terrain wheel base

PORTABLE BULLET TRAP

ActionTarget.com

FEATURES
© Copyright 2016, Action Target, Inc. All rights reserved.

TECHNICAL DATA SHEET

AMMUNITION
RATING
ATI Class 1 (Handgun) ¡
ATI Class 2 (Rifle) ¡

FEATURES
Replaceable Facade ¡
Easy Empty Tray ¡
Brass Deflecting Wheel ¡
All Terrain Wheel
¡ Standard Feature Optional Feature

30.5" 29"
72"
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

AFTERMARKET SERVICES

TURNKEY CONVENIENCE, COMPLIANCE, AND SAFETY
Managing a range requires a lot of effort and attention to detail. Action Target eliminates much of that effort with our turnkey range solutions. from scheduled maintenance and cleanings to managing metals recycling and compliance documentation, Action Target’s services streamline your operations.

Metals Recycling
Recycling your metals with Action Target is easy and efficient. Simply contact Action Target to schedule a pickup. We will be there within 72 hours, at which time your London Metals Exchange (LME) spot pricing will be locked in.
• Fast and Convenient Pickup
• Simple Brass and Lead Packaging
• Best in Class Payment Structure and Loyalty Bonus
• 10% BONUS for Acton Target equipment and services
Range Waste Disposal
Genesis is connected to SmartRange Axis™ range control
software through Action Target's cloud network. This
allows Action Target to update content remotely, troubleshoot on the fly, and provide expedited cutomer support.

Recycling & Disposal Programs
Transparent pricing
Action Target uses a simple, transparent, all-inclusive pricing structure based on the size of your trap to give you the best return on your metals. 100% of the metals value belongs to you. Opt for a check or credit at our store with a 10% loyalty discount. Store credit can be applied to Action Target products, services, and range equipment.

Proprietary Process
We have developed a proprietary process to clean your rubber berm traps with the safety and profitability of your range in mind.

Convienence
This complete turnkey solution integrates with our Metals Recycling and Filter Disposal Programs. We also provide all the necessary containers, pallets, packaging, and other transport materials, simplifying your role in the process.

Rubber Berm Trap Cleaning
Range Visits
Action Target works with you to build a plan that determines the appropriate number of annual visits your range requires. These visits include a number of specialized services to keep your range running at peak condition.

Range Cleaning
With staff and client safety as our top priority, we provide cleaning services to help you maintain a safe and sanitary range.

Range Maintenance
We provide resources to help you maintain your range. From maintenance schedules to operation and maintenance manuals, we ensure you are prepared to properly care for your equipment.

Maintenance & Cleaning Programs
Action Target Store
Paper and Cardboard Targets
With more than 1,000 target designs, we offer a greater selection than anyone else in the industry.

Target Backers
We stock a variety of backers to fit any target system.

Steel Targets
We offer a wide variety of innovative steel targets.

Eye and Ear Protection
Keep your customers safe with quality ear and eye
protection designed for target shooting and tactical
situations.

Firearm Storage and Cleaning
Keep your rental guns secure and working smoothly with our selection of firearms storage, cleaning, and lubrication gear.

Range Cleaning Products
Keep your range safe and clean with products designed to remove lead from hands, shoes, floors, and other surfaces.

HVAC Filters
Specifically designed to filter lead and high loading conditions found in indoor firing range applications. 24/7 Support
Action Target Customer Service is always on call and ready to help with warranty issues, replacement parts, and anything else you need to keep your range running at peak performance. We stand behind our work and we stand behind you.

Nation-Wide Representatives
Regionally-located customer service technicians provide fast industry-leading service in all states.

Remote Access
Many of our products are remotely-accessible, allowing our team to quickly troubleshoot and provide assistance. This speeds up the maintenance process, ensuring minimum downtime.

Inventory
We maintain a parts inventory to minimize service lead times. Additionally, our team works with you to ensure you have the necessary parts on-site to maximize the effectiveness of technician visits. 3-year Warranty
We at Action Target stand behind our products with the industry’s best warranty. Our 3 year trusted partner warranty is 3x the protection of industry-standard warranties and 3x the peace of mind for customers.

Customer Support
DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

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DocuSign Envelope ID: CF0464BD-1028-45B3-BF64-A894E76E5BE2

COUNCIL COMMUNICATION
CC #: 2495
File #: 0203-05
Title: Motorola Solutions - Sole Source Purchase Order
Contact: Scott Christian 916-774-5099 [email protected] Mark Peinado 916-774-5021 [email protected]
Meeting Date: 1/18/2023
Item #: 7.6.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a sole source purchase order to Motorola Solutions Inc. for the purchase of 10 portable radios for a total amount of $75,567.11.

BACKGROUND
The Roseville Police Department have increased their staffing for FY2022-23. Specifically, the Police Department has added one Animal Control Officer, two Police Sergeants, and 7 Police Officers. Due to these new positions, additional equipment is needed to fulfill the needs of these jobs, to include, portable radios. The Roseville Police Department has been using portable radios from Motorola Solutions for over 20 years, and continues to do so.

FISCAL IMPACT
The total estimated cost for the radios is $75,567.11. Funding has been approved in the Police Department's FY2022-23 operating budget in 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 purchase of radios meets the above criteria and is not subject to CEQA. No additional environmental review is required.

Description
Motorola Solutions-Quote
QUOTE-1834343

ROSEVILLE POLICE DEPT, CITY OF
11/10/2022
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 11/10/2022

ROSEVILLE POLICE DEPT, CITY OF
311 VERNON ST STE 206
ROSEVILLE, CA 95678
Dear ,
Motorola Solutions is pleased to present ROSEVILLE POLICE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide ROSEVILLE POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Daniel Schaschwary at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Daniel Schaschwary
QUOTE-1834343
Billing Address:

ROSEVILLE POLICE DEPT, CITY
OF
311 VERNON ST STE 206
ROSEVILLE, CA 95678
US
Quote Date:11/10/2022
Expiration Date:12/28/2022
Quote Created By:

Daniel Schaschwary
Daniel.Schaschwary1@
motorolasolutions.com
End Customer:

ROSEVILLE POLICE DEPT, CITY OF
Contract: 17724 - HGAC (TX)-RA05-21
Line
#
Item Number Description Qty List Price Contract
Price
Disc % Sale Price Ext. Sale
Price
APX™ 8000 Series APX8000
1 H91TGD9PW6AN APX 8000 ALL BAND
PORTABLE MODEL 2.5
9 $7,108.00 $5,188.84 27.0% $5,188.84 $46,699.56
1a H869BW ENH: MULTIKEY 9 $363.00 $264.99 27.0% $264.99 $2,384.91 1b Q806CB ADD: ASTRO DIGITAL

CAI OPERATION
9 $567.00 $413.91 27.0% $413.91 $3,725.19
1c Q361AN ADD: P25 9600 BAUD

TRUNKING
9 $330.00 $240.90 27.0% $240.90 $2,168.10
1d Q58AL ADD: 3Y ESSENTIAL

SERVICE
9 $121.00 $121.00 0.0% $121.00 $1,089.00
1e QA05509AA DEL: DELETE UHF
BAND
9 -$800.00 -$584.00 0.0% -$584.00 -$5,256.00
1f H38BS ADD: SMARTZONE

OPERATION
9 $1,650.00 $1,204.50 27.0% $1,204.50 $10,840.50
1g G996AP ADD: PROGRAMMING
OVER P25 (OTAP)
9 $110.00 $80.30 27.0% $80.30 $722.70
1h Q629AH ENH: AES ENCRYPTION

AND ADP
9 $523.00 $381.79 27.0% $381.79 $3,436.11
2 PMLN6129A IMPRES 2 WIRE W/

TRANS TUBE BLK
1 $135.71 $99.07 27.0% $99.07 $99.07
QUOTE-1834343
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

Line
#
Item Number Description Qty List Price Contract
Price
Disc % Sale Price Ext. Sale
Price
3 PMMN4084A AUDIO ACCESSORYHEADSET,PLUS RSM
NC IP54 THRD 3.5MM

JACK RX
1 $102.60 $74.90 27.0% $74.90 $74.90
4 NNTN8860A CHARGER, SINGLEUNIT, IMPRES 2, 3A,
115VAC, US/NA
1 $169.56 $127.17 25.0% $127.17 $127.17
APX™ 4000 Series APX4000
5 H51UCF9PW6AN APX 4000 7/800 MHZ
MODEL 2 PORT
1 $2,332.00 $1,702.36 27.0% $1,702.36 $1,702.36
5a G996AZ ADD: PROGRAMMING
OVER P25 (OTAP)
1 $110.00 $80.30 27.0% $80.30 $80.30
5b QA02756AB ENH: 3600 OR 9600

TRUNKING BAUD

SINGLE SYSTEM
1 $1,727.00 $1,260.71 27.0% $1,260.71 $1,260.71
5c H869CE ENH: MULTIKEY 1 $363.00 $264.99 27.0% $264.99 $264.99 5d Q629AM ENH: AES ENCRYPTION

AND ADP
1 $523.00 $381.79 27.0% $381.79 $381.79
5e H885BK ADD: 3Y ESSENTIAL

SERVICE
1 $95.00 $95.00 0.0% $95.00 $95.00
6 PMPN4174A CHGR DESKTOP

SINGLE UNIT IMPRES,
US/NA
1 $82.08 $61.56 25.0% $61.56 $61.56
7 PMMN4084A AUDIO ACCESSORYHEADSET,PLUS RSM
NC IP54 THRD 3.5MM

JACK RX
1 $102.60 $74.90 27.0% $74.90 $74.90
8 PMLN6129A IMPRES 2 WIRE W/

TRANS TUBE BLK
1 $135.71 $99.07 27.0% $99.07 $99.07
Subtotal $70,131.89
Estimated Tax $5,435.22
Grand Total $75,567.11(USD)
QUOTE-1834343
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 4 ends

Notes:

QUOTE-1834343
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 5 ends

COUNCIL COMMUNICATION
CC #: 2493
File #: 0203-04
Title: Custodial Services - Contract Purchase Agreement Contact: Darci Carpenter 916-774-5702 [email protected] Meeting Date: 1/18/2023
Item #: 7.7.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Contract Purchase Agreement (3002641) with Pride Industries One, Inc. on behalf of the City of Roseville.

Staff further requests the City Council authorize the City Manager or his designee to execute four (4) 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.

BACKGROUND
The Facility Services Division released Custodial Services RFP 01-059 to provide the City custodial and floor care services on a scheduled and as-needed basis at a number of City facilitates. Ten companies submitted proposals. The proposals were evaluated on overall proposal submission, proposed cost, qualifications, and experience. The five (5) highest rated proposals moved on to the interview process. Pride Industries One, Inc. was rated the highest and staff is recommending Pride Industries be awarded a contract purchase agreement with the City of Roseville.

FISCAL IMPACT
The total annual value of the initial agreement with Pride Industries One, Inc. is $862,979.71, not to exceed annual budgeted amounts. Funding for this agreement is included in the Custodial Services Division FY2022-23 budget in the Facility Services Fund, and will be included in future year proposed budgets. Projected spending for the four optional renewal years with Pride Industries One, Inc. is as follows: FY2023-24, $949,277,68; FY2024-25, $1,044,205.45; FY2025-26, $1,148,625.99; and FY2026-27, $1,263,488.59.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Respectfully Submitted,
Darci Carpenter, Administrative Technician
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 23-019
3002641 CPA PRIDE INDUSTRIES
RESOLUTION NO. 23-019

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PRIDE INDUSTRIES ONE, INC. DBA PRIDE INDUSTRIES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF

THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3002641) for Custodial Services, by and between the City of Roseville and Pride Industries One, Inc. dba Pride Industries, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and 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 four (4) 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 ofRoseville this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
Contract Purchase Agreement 3002641
Supplier Details:

Company Pride Industries One Inc dba Pride Industries
Contact Kathy Lopez-Shaughnessy
Address 10030 Foothills Blvd
Roseville, CA 95747
Submit your response to:

Company City of Roseville
Contact Tiffany Valdez
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1109
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

The following guidelines must be followed for the signature block on the agreement:

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641
Agreement 3002641
Agreement Date 29-NOV-2022
Revision 0
Agreement Amount 862,979.71 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Pride Industries One Inc dba Pride Industries
10030 Foothills Blvd
Roseville, CA 95747
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
(916) 788-2356
()
[email protected]
Description of
Labor,
equipment
and/or materials

THE SERVICES CALLED FOR UNDER CITY OF ROSEVILLE REQUEST FOR PROPOSAL #01-059 AND CONTRACTOR'S PROPOSAL THERETO TITLED CITY OF ROSEVILLE CUSTODIAL SERVICES RFP #01-059 DATED 10/19/22 AND ATTACHMENT F COST PROPOSAL REV. 11/15/22, V7 (HEREINAFTER "PROPOSAL"). THE TERMS AND SCOPE OF WORK OF CITY OF ROSEVILLE REQUEST FOR PROPOSAL #01-059 AND CONTRACTOR'S PROPOSAL ARE

HEREIN MADE PART OF THIS CONTRACT PURCHASE AGREEMENT AND FULLY INCORPORATED BY REFERENCE.

PLEASE CONTACT DARCI CARPENTER AT 916-774-5702 OR BY EMAIL AT [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT.

The total cost of service is an approximate value only. The City cannot guarantee whatsoever the actual value of this contract.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 15173 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
01-Feb-2023 31-Jan-2024 Tiffany Valdez Phone 1-916-746-1109 Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

Contract Terms and Conditions

1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, to the extent and to the degree resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.

3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

4. Time is of the essence of this Agreement.

6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.

7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.

9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. 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.

10. Contractor agrees to the below insurance requirements to the extent such coverage is triggered by an indemnified claim:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance 3 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

coverage.
b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney.
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. 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.
d. Cancellation/Modification. Contractor shall provide ten (10) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement 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 City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.

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.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or 4 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.

12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.

15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.

18. If the project referenced on this agreement is a Public Works project, then the following shall apply: 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 agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

19. If the project referenced on this agreement is a Public Works project, then the following shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. 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. All claims 5 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

must be received prior to acceptance of the work.

20. Contractor certifies that Contractor, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency.

21. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.

The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.

Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ Check mark the applicable company type below:
___________ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
City Reserves the right to withold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.

General T&C
Negotiated City of Roseville and Pride Industries One Inc Contract Terms and Conditions (REV. 11/21/22) 6 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 967732
1000004128
00825852
X
Contract Purchase Agreement 3002641

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
7 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.

Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 8 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

It is important to note that the presence of asbestos does not mean you have been exposed.

Employees may review the asbestos survey reports, results of bulk sampling or air monitoring conducted in City-owned buildings. All asbestos data will be available by appointment with Facility Maintenance & Operations.
9 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Contract Purchase Agreement 3002641

Sign to acknowledge receipt of asbestos notification:

Asbestos
Rev 01/16/19
10 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 12/2/2022
PRIDE Industries One, Inc.

Contract Purchase Agreement 3002641

Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 11 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 Kathy Lopez-Shaughnessy
Director, Commercial Contracts
12/2/2022
DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692 DocuSign Envelope ID: 042B9D60-1C00-4EFB-8B90-25A12B5D3692

COUNCIL COMMUNICATION
CC #: 2478
File #: 0203-07
Title: 60kV Cable (RFQ 10-3336) - Purchase Order
Contact: Sue Jessup 916-746-1107 [email protected] Meeting Date: 1/18/2023
Item #: 7.8.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a purchase order with OneSource Supply Solutions, LLC as the lowest responsive and responsible bidder for the purchase of 60kV cable in response to RFQ 10-3336 to provide cable for the future Roseville Parkway Extension Project.

BACKGROUND
The Roseville Parkway Extension Project requires a multi-department effort. The Electric Department is managing the relocation of a section of 60kV line currently in conflict with the future alignment of Roseville Pkwy. This section must be placed underground to allow for the construction of a new overpass that will span Industrial Blvd. and the Union Pacific Railroad.

Undergrounding the 60kv line will allow for the preservation of the 60kV network.

The City issued a formal request for bids in October 2022. After evaluating all of the bid submittals, OneSource Supply Solutions, LLC was deemed the lowest responsive and responsible bidder, and provided all required documentation. ILJIN Electric USA, Inc. was deemed nonresponsive because they failed to submit the required Addendum and Formal Invitation for Bid and Award page.

A formal bid was issued with the following vendor responses:

Bidder Unit Price
OneSource Supply Solutions, LLC $99,109.20
Antioch, CA
General Pacific $110,523.02
Fairview, OR
ILJIN Electric USA, Inc. $53,690.00
Houston, TX
Maydwell & Hartzell $103,404.00
Elk Grove, CA
The Okonite Company $483,860.00
San Ramon, CA

FISCAL IMPACT
The cost of the cable and associated reels is $99,109.20 plus tax of $7,680.97, for a total of $106,790.17. The Roseville Parkway Extension Project (500078) is funded by the Traffic Mitigation Fee Fund (3151), and the project has a sufficient budget available to cover the costs associated with this recommended procurement.

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 purchase of 60kV cable meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Sue Jessup, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description

COUNCIL COMMUNICATION
CC #: 2500
File #: 0203-09
Title: Ultraviolet Disinfection Equipment - Increase to Sole Source Purchase Order Contact: Blaine Wiegel 916-746-1833 [email protected] Meeting Date: 1/18/2023
Item #: 7.9.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve an increase to the sole source purchase order with Trojan Technologies to cover shipping costs of the ultraviolet (UV) disinfection equipment for the Pleasant Grove Wastewater Treatment Plant (WWTP).

BACKGROUND
The increased cost of $48,400 to sole source purchase order 9013557 will cover shipping UV equipment to the Pleasant Grove WWTP. The Pleasant Grove WWTP has standardized the use of the Trojan system UV3000Plus for the final disinfection stage of the wastewater treatment process. The current UV system was constructed with four treatment channels to convey treated water for disinfection. When constructed, three of the four channels were fitted with equipment, and the fourth channel was built for system expansion to plant designed flow rates and was to be equipped when the treatment flow approached the capacity of the first three channels. Growth in the Pleasant Grove WWTP service area is now generating sufficient flow to justify equipping the fourth channel. Trojan Technologies is the sole manufacture and distributor of the UV3000Plus.

FISCAL IMPACT
The estimated cost of UV equipment and shipping is $2,228,829, ($2,023,600 for equipment, $156,829 for tax, and $48,400 for freight). The funding source will be provided from the Environmental Utilities approved Pleasant Grove UV project budget 500165, which is financed by South Placer Wastewater Authority.

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 a purchase order increase meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Blaine Wiegel, Preventative Maintenance Coordinator
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description

COUNCIL COMMUNICATION
CC #: 2477
File #: 0900-02
Title:
2022 Sewer Collection System Cured-in-Place Pipe Rehabilitation Project - Approval of Plans and Specifications and Authorization to Call for Bids Contact: Jonathan Cummings 916-774-5566 [email protected] Meeting Date: 1/18/2023
Item #: 7.10.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:

1. Approve the Project’s construction plans and specifications; and

2. Authorize staff to advertise the Project and accept bids from prospective bidders.

BACKGROUND
The Environmental Utilities Department has an ongoing repair and maintenance program for its sewer collection system. Close circuit television (CCTV) was used to inspect 26 miles of the pipeline interior and, based on severity of defects, segments of pipeline were prioritized for repair.

To date, the rehabilitation program has repaired over 19 miles of defective sewer pipeline.

This year’s plan is to repair approximately 18,900 linear feet of the sewer collection system that has cracked and/or deteriorated pipe. Additionally, the rehabilitation will include repair of approximately 483 service laterals to provide a seal between the repaired sewer pipe and the lateral connection. The defective pipe and lateral connections will be repaired using ultraviolet (UV) light cured-in-place lining technology where the existing pipe is lined without excavation.

Access to the pipe will be provided at existing manholes. Eliminating the need for excavation provides for minimal traffic and neighborhood or business disruption, and a significant cost saving.

A copy of the plans and specifications are available at the City Clerk’s office for review.

FISCAL IMPACT
The total cost for this construction project is estimated to be $3,567,600, which includes the construction cost, contingency for potential change orders, and secondary labor, and is within the existing project budget. Funding for this project is provided by the Wastewater Rehabilitation Fund.

ENVIRONMENTAL REVIEW
The proposed project involves the repair of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Jonathan Cummings, Associate Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Project Manual and Drawings
City of Roseville California RFP#08-108 TOC-1
Well Drilling – Misty Wood (Well 13) and Campul Oaks (Well 19) [\\rosenet.loc\rosenetdfs\EU\EU-PROJECTS\WASTEWATER UTILITY\WASTE WATER_CIP\2022 Sewer Collection System CIPP Rehab\4_Design\Project Manual\Project Manual_28Nov2022_2022 CIPP Rehab_Final.docx; 9/8/22]
Buildings & Grounds
Project Manual
Project:
2022 Sewer Collection System CIPP Rehabilitation
Project
Department:

Environmental Utilities

CITY OF ROSEVILLE
2022 Sewer Collection System CIPP Rehabilitation Project The Specifications contained herein have been prepared by, or under the direct supervision of the following Registered Engineers
Bid Documents and Conditions of the Contracted Prepared by:

City of Roseville
Tracie R. Mueller, PE
Expires 06/30/2024
Technical Specifications Prepared by:

City of Roseville
Tracie R. Mueller, PE
Expires 06/30/2024

City of Roseville California TOC-i
2022 Sewer Collection System CIPP Rehabilitation Project [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 10
Section 4: Award and Execution of Contract 12
Section 5: Bid Protest Procedures 15

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 14
Disqualification Questionnaire 15
Acknowledgement of Insurance and Bond Requirements 16
Disclaimer of Warranties and Accuracy of Data 17
Contractor’s Qualifications and Experience 18
Project References 20

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
City of Roseville California TOC-ii
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

GENERAL CONDITIONS GC
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 10
Section 7: Acceptance and Payment 12

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 COR) SPEC
Cover Sheet i
Table of Contents for Technical Specifications ii
Section 10: Summary of Work 10:1
Section 20: Measurement and Payment 20:1
Section 30: Control of Work 30:1
Section 40: Special Provisions
Section 50: Maintenance of Flow in Existing Sewers
Section 100: Site Preparation
40:1
50:1
100:1
Section 200: Fiberglass/Ultraviolet Light Cured-In-Place Pipe (UV CIPP) 200:1

DRAWINGS (PREPARED BY COR) SHEET
City of Roseville California TOC-iii
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Cover Sheet 1
Project Notes 1 2
Project Notes 2 3
Pipe Segment Detail Table 1 4
Pipe Segment Detail Table 2 5
Notes & Abbreviations 6
Area 2 7
Area 3 8
Area 4 9
Area 5 10
Area 6 11
Area 7 12
Area 8 13
Area 9 14
Area 10 15
Area 11 16
Area 12 17
Area 13 18
Area 14 19
Area 16 20
Area 17 21
Area 18 22
Area 19 23
City of Roseville California NTC - 1
2022 Sewer Collection System CIPP Rehabilitation Project [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 21, 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 21, 2023 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: 2022 Sewer Collection System CIPP Rehabilitation Project. Due to current COVID-19 restrictions, no in-person attendance at the Proposal Opening is allowed. However, the Proposal Opening will be video recorded, and will be made available upon request.

A mandatory pre-bid meeting will be held on Thursday, January 12, 2023 at 10:00 a.m. via Microsoft Teams video call. Below is information on how to connect to this video call.

Computer link (note that Microsoft Teams does not need to be installed on the connecting computer as there is a web version available. Please copy the link provided into Google Chrome):
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_MjUyN2E4ZTAtMDhhZi00Y2Q1LTkxOTEtMDE2NzQ2ZjViNmY1%40th read.v2/0?context=%7b%22Tid%22%3a%22446c7c35-e59d-4e53-84df3832018aec5a%22%2c%22Oid%22%3a%22af0f0088-b6af-4b92-adb0-053cceeed276%22%7d Conference call number and ID into the Microsoft Teams Meeting is included below in City of Roseville California NTC - 2
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] case you do not have a microphone and/or speakers:

Phone (audio only): +1 213-282-6642
Phone Conference ID: 494 681 838#
Note that the City will be sharing a PowerPoint Presentation on Microsoft Teams so the City recommends that Potential Proposers connect via a computer if possible.

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:

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 2022 Sewer Collection System CIPP Rehabilitation Project (Name of Bidder)
(Address of Bidder)
City of Roseville California NTC - 3
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 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 City of Roseville California NTC - 4
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 A - General Engineering, or Class C-34 - Pipeline 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 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 City of Roseville California NTC - 5
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 seven (7) calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding. ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
City of Roseville California INT - 1
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 2
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 3
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 4
2022 Sewer Collection System CIPP Rehabilitation Project [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 onehalf 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 INT - 5
2022 Sewer Collection System CIPP Rehabilitation Project [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 (PROP11). 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 INT - 6
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 7
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 8
2022 Sewer Collection System CIPP Rehabilitation Project [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 INT - 9
2022 Sewer Collection System CIPP Rehabilitation Project [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.
2-1.13 SUPERINTENDENT QUALIFICATIONS. Bidder shall submit on the form provided, requested information that will assist the City to determine if the proposed project Superintendent has the experience and qualifications required for performing the work.

Evaluation of qualifications will be based on the information provided in the SUPERINTENDENT’S QUALIFICATIONS AND EXPERIENCE FORM and verification checks of that information. The City reserves the right to reject the Lowest Bidder’s Proposal in the event that a) Proposed project Superintendent does not meet minimum experience qualifications, b) upon conducting Reference Verification, the available experience provided does not satisfy the City that the Bidder is qualified to carry out the terms of the Contract, or c) false information has been provided on the experience form. The City’s decision as to qualifications of the Bidder shall be final. It is required that the superintendent named is assigned to the Project and is on the job at all times during construction activities.

City of Roseville California INT - 10
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 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.

City of Roseville California INT - 11
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.

City of Roseville California INT - 12
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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, will be returned.
4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) City of Roseville California INT - 13
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 certificates, within ten (10) Working Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.

City of Roseville California INT - 14
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 ten (10) Working 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 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.

City of Roseville California INT - 15
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 PROP - 1
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

PROPOSAL

PROPOSAL TO THE DEPARTMENT OF ENVIRONMENTAL UTILITIES
for
2022 Sewer Collection System CIPP Rehabilitation Project 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.

The Notice to Contractors, Instructions to Bidders, Form of Agreement, Specifications, City of Roseville California PROP - 2
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 2022 Sewer Collection System CIPP Rehabilitation Project, 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).

Bids are required for all Bid Items. The amount of the Bid for comparison purposes will City of Roseville California PROP - 3
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The names of the following staff persons that will be directly involved in the project are:

Project Manager:________________________________________________________________ Project Superintendent:___________________________________________________________ If SOLE OWNER, execute here:

I sign as sole owner of the business named above:
_____________________________________________________________________________ City of Roseville California PROP - 4
2022 Sewer Collection System CIPP Rehabilitation Project [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
City of Roseville California PROP - 5
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] If JOINT VENTURE, execute here:

Joint Venture name composed of:

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 PROP - 6
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

STATEMENT OF QUALIFICATIONS AND EXPERIENCE
Refer to the Contractor’s Qualifications and Experience section below.

City of Roseville California PROP - 7
2022 Sewer Collection System CIPP Rehabilitation Project [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
SUBCONTRACTOR’S
NAME

CONTRACTOR
LICENSE NO.

DIR REG.

NO.

BUSINESS ADDRESS
(CITY, STATE)
City of Roseville California PROP - 8
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 9
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 10
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 11
2022 Sewer Collection System CIPP Rehabilitation Project [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 Mobilization, Demobilization,
Bonds, Insurance, and Permits Lump Sum 1
2 6-inch CIPP Liner Linear Foot 16684
3 8-inch CIPP Liner Linear Foot 1284
4 12-inch CIPP Liner Linear Foot 416
5 15-inch CIPP Liner Linear Foot 509
6 Lateral Reinstatement Each 390
7 Cut Lateral Protrusion Each 2
8 6-inch x 4-inch Top Hat Each 451
9 6-inch x 6-inch Top Hat Each 11
10 8-inch x 4-inch Top Hat Each 14
11 12-inch x 4-inch Top Hat Each 2
12 15-inch x 4-inch Top Hat Each 5
13 Traffic Control - Area 2 Lump Sum 1
14 Traffic Control - Area 3 Lump Sum 1
15 Traffic Control - Area 4 Lump Sum 1
16 Traffic Control - Area 5 Lump Sum 1
17 Traffic Control - Area 6 Lump Sum 1
18 Traffic Control - Area 7 Lump Sum 1
19 Traffic Control - Area 8 Lump Sum 1
20 Traffic Control - Area 9 Lump Sum 1
21 Traffic Control - Area 10 Lump Sum 1
22 Traffic Control - Area 11 Lump Sum 1
23 Traffic Control - Area 12 Lump Sum 1
24 Traffic Control - Area 13 Lump Sum 1
25 Traffic Control - Area 14 Lump Sum 1
26 Traffic Control - Area 16 Lump Sum 1
City of Roseville California PROP - 12
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 27 Traffic Control - Area 17 Lump Sum 1
28 Traffic Control - Area 18 Lump Sum 1
29 Traffic Control - Area 19 Lump Sum 1
30 Quality Assurance Field Sample
and Testing CIPP Liner Each 158
31 Quality Assurance Field Sample
and Testing Top Hats Each 6
GRAND TOTAL BID PRICE ($) = ______________________________________________ Grand Total Bid Price in Words:_________________________________________________ The Grand Total Bid Price must be filled in and completed in figures and written in words above.

In case of discrepancy between words and figures of the Grand Total Bid Price, the words shall prevail.

The Grand Total Bid Price is for the completed Work and includes any and all sales taxes and levies, which may be applicable. The undersigned has examined the location of the proposed Work and is familiar with the Specifications and the local conditions at the place where the Work is to be done.

The undersigned has checked the above amount and understands that the Owner will not be responsible for any errors or omissions on the part of the undersigned in making up this proposal.

Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged):

Addendum Number: ________________ Date: ______________________ ________________ Date: ______________________
________________ Date: ______________________
________________ Date: ______________________
Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection.

It is agreed that this proposal may not be withdrawn within a period of sixty (60) days after the City of Roseville California PROP - 13
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] date set for the opening thereof.

The undersigned understands that the Owner reserves the right to reject any or all bids and to waive any informality in bids received that in the judgment of the Owner is to the best interest of the Owner.

Respectfully submitted,
______________________________ ___________________ ____________ Signature of Bidder Title Date
______________________________
Company
______________________________ ___________________
Business Address Phone Number
______________________________ ___________________
License Number Expiration Date

END OF SCHEDULE OF BID ITEMS
City of Roseville California PROP - 14
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 15
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 16
2022 Sewer Collection System CIPP Rehabilitation Project [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 PROP - 17
2022 Sewer Collection System CIPP Rehabilitation Project [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

Name of Business/Company/Corporation Date

Address Phone
City of Roseville California PROP - 18
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] CONTRACTOR’S QUALIFICATIONS AND EXPERIENCE
Instructions and Requirements: Given the importance of timely and successful completion of the Project to the City and its residents, the Proposer must provide qualifying company project experience, as well as, project training and experience for their assigned Superintendent to be considered a responsible Proposer for this specific procurement. The proposing company and qualified superintendent must meet the minimum requirements described below.

Proposing Company’s Minimum Experience/Qualifications:
a. Proposers must provide project experience for installation Cured in Place Pipe (CIPP) projects over the last five (5) years.
b. Project references must show a minimum of 50,000 Linear Feet of CIPP installations (cumulative over the last five years). These project references may be with a different superintendent that proposed for this Project.
c. CIPP project references must be similar pipe size to this project (6-inch to 18-inch diameter).

Superintendent’s Minimum Training and Experience/Qualifications:
a. Proposer’s Superintendent must provide project experience if supervising Cured in Place Pipe (CIPP) projects over the last five (5) years. b. Project references must show a minimum of 50,000 Linear Feet of CIPP installations (cumulative over the last five years). These project references may be with prior companies. c. CIPP project references must be similar pipe size to this project (6-inch to 18-inch diameter).
d. Superintendent must provide evidence of specialized training in the Ultra Violet (UV) City of Roseville California PROP - 19
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] curing of Cured-In-Place-Pipe (CIPP) processes and equipment.

SUPERINTENDENTS NAME: Describe the Superintendent’s training in UV Cured in Place Pipe (CIPP). Include what company provided the training, what equipment/systems were included, duration of course and any other information about the training that will be relevant to this project:

Training Certification:______________________________________________________ Training Certification Number/Date:___________________________________________ Demonstrate proposing company and superintendent’s relevant project experience by providing previous project experience on the form included below. Duplicate and complete as many of the following project reference forms as needed.

City of Roseville California PROP - 20
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

PROJECT REFERENCES
COMPANY NAME: _______________________________________________ SUPERINTENDENT’S NAME:______________________________________ Qualifying Project Number:

Project Name:

Project Owner:

Project Location:

Owner’s Representative:

Owner’s Representative Telephone No. and
email address:

Date of Substantial Completion:

Diameter of CIPP Installed:

Liner Manufacturer:

Length of CIPP Installed:

Resin Type:

Cure Method (Water, Steam, UV):

Description of project characteristics or other unique situations/attributes:

City of Roseville California PROP - 21
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

END OF PROPOSAL
City of Roseville California AGR - 1
2022 Sewer Collection System CIPP Rehabilitation Project [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 ________________2022 Sewer Collection System CIPP Rehabilitation Project _____ 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 AGR - 2
2022 Sewer Collection System CIPP Rehabilitation Project [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 AGR - 3
2022 Sewer Collection System CIPP Rehabilitation Project [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 300 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
_Jonathan Cummings____________ ______________________________ _City of Roseville_______________ ______________________________ _2005 Hilltop Circle, Suite 130 ____ ______________________________ _Roseville CA, 95747____________ ______________________________ City of Roseville California AGR - 4
2022 Sewer Collection System CIPP Rehabilitation Project [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 AGR - 5
2022 Sewer Collection System CIPP Rehabilitation Project [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 AGR - 6
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -i
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

INSURANCE BROKER INFORMATION PACKET
2022 Sewer Collection System CIPP Rehabilitation Project 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 INS -1
2022 Sewer Collection System CIPP Rehabilitation Project [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-2 and present this entire package to your insurance broker if you are awarded the Bid.

City of Roseville California INS -2
2022 Sewer Collection System CIPP Rehabilitation Project [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 2022 Sewer Collection System CIPP Rehabilitation 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:

Jonathan Cummings
2005 Hilltop Circle, Suite 130
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 INS -3
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -4
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California INS -5
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -6
2022 Sewer Collection System CIPP Rehabilitation Project [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 _X__ 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 INS -7
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -8
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -9
2022 Sewer Collection System CIPP Rehabilitation Project [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 selfinsured 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 INS -10
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

PUBLIC WORKS

FAITHFUL PERFORMANCE BOND
(Project: _2022 Sewer Collection System CIPP Rehabilitation Project) WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as _2022 Sewer Collection _System CIPP Rehabilitation Project ______ (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 INS -11
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -12
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -13
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -14
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -15
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]

PUBLIC WORKS

LABOR AND MATERIALS PAYMENT BOND
(Project: _2022 Sewer Collection System CIPP Rehabilitation Project) WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as _2022 Sewer Collection System CIPP Rehabilitation Project __________________ (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 INS -16
2022 Sewer Collection System CIPP Rehabilitation Project [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 INS -17
2022 Sewer Collection System CIPP Rehabilitation Project [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. [SIGNATURES NEXT PAGE]
City of Roseville California INS -18
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – i
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – ii
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – iii
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – iv
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – v
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – vi
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – vii
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – viii
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – ix
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:1
2022 Sewer Collection System CIPP Rehabilitation Project [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, AsBuilt 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 GC – 1:2
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:3
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:5
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:6
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:9
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:10
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 1:11
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:1
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:2
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:3
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:5
2022 Sewer Collection System CIPP Rehabilitation Project [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 nonconformities 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 GC – 2:6
2022 Sewer Collection System CIPP Rehabilitation Project [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 crossreferences 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 GC – 2:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:9
2022 Sewer Collection System CIPP Rehabilitation Project [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 factorytrained 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 GC – 2:10
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:11
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:12
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:13
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:14
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:15
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:16
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:17
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:18
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:19
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:20
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:21
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 2:22
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:1
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:2
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:3
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC – 3:5
2022 Sewer Collection System CIPP Rehabilitation Project [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 markups 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 City of Roseville California GC – 3:6
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC – 3:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:9
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:10
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC – 3:11
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 4:1
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 4:2
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 4:3
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 4:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 4:5
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 4:6
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 4:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 4:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:1
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:2
2022 Sewer Collection System CIPP Rehabilitation Project [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 Section 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 City of Roseville California GC - 5:3
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:5
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:6
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:9
2022 Sewer Collection System CIPP Rehabilitation Project [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 labormanagement 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 City of Roseville California GC - 5:10
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:11
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:12
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:13
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:14
2022 Sewer Collection System CIPP Rehabilitation Project [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 nonhazardous 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 City of Roseville California GC - 5:15
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:16
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:17
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:18
2022 Sewer Collection System CIPP Rehabilitation Project [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).

City of Roseville California GC - 5:19
2022 Sewer Collection System CIPP Rehabilitation Project [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 Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and 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 City of Roseville California GC - 5:20
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:21
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:22
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:23
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:24
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:25
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:26
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:27
2022 Sewer Collection System CIPP Rehabilitation Project [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.

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 City of Roseville California GC - 5:28
2022 Sewer Collection System CIPP Rehabilitation Project [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, crossliability 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 City of Roseville California GC - 5:29
2022 Sewer Collection System CIPP Rehabilitation Project [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.

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 GC - 5:30
2022 Sewer Collection System CIPP Rehabilitation Project [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.

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.

City of Roseville California GC - 5:31
2022 Sewer Collection System CIPP Rehabilitation Project [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.24 OTHER INSURANCE PROVISIONS.

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 City of Roseville California GC - 5:32
2022 Sewer Collection System CIPP Rehabilitation Project [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.

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.

G. Contractor shall be responsible for all premiums, deductibles, and selfinsured 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 GC - 5:33
2022 Sewer Collection System CIPP Rehabilitation Project [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.

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 GC - 5:34
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:35
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:36
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:37
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 5:38
2022 Sewer Collection System CIPP Rehabilitation Project [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 fortyeight (48) hours in advance.

City of Roseville California GC - 5:39
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:40
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:41
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:42
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:43
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 5:44
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 5:45
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:2
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 7:3
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:4
2022 Sewer Collection System CIPP Rehabilitation Project [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 GC - 7:5
2022 Sewer Collection System CIPP Rehabilitation Project [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, City of Roseville California GC - 7:6
2022 Sewer Collection System CIPP Rehabilitation Project [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)
City of Roseville California GC - 7:7
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:8
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:9
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:10
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 7:11
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:12
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:13
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:14
2022 Sewer Collection System CIPP Rehabilitation Project [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), City of Roseville California GC - 7:15
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 7:16
2022 Sewer Collection System CIPP Rehabilitation Project [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 City of Roseville California GC - 7:17
2022 Sewer Collection System CIPP Rehabilitation Project [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.

City of Roseville California GC - 7:18
2022 Sewer Collection System CIPP Rehabilitation Project [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 noncompensable 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 City of Roseville California GC - 7:19
2022 Sewer Collection System CIPP Rehabilitation Project [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.

Roseville City CouncilJanuary 18, 2023

Roseville City Council
January 18, 2023