AGENDA
February 1, 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.
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THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
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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.
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Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MEETING PROCEDURES
5. PRESENTATIONS
5.1. Resolution - Denio's 75th Anniversary
Congratulate Denio’s Roseville Farmers Market on the celebration of their 75th anniversary and extended best wishes for continued success in the future.
CONTACT:
Blair Hutchison 916-774-5266 [email protected]
6. PUBLIC COMMENTS
7. CONSENT CALENDAR
BEGINNING OF CONSENT CALENDAR
Bids / Purchases / Services
7.1. Barton Road Water Treatment Plant Fiber Optic Network Upgrade Project - Contract Purchase Agreement
Memo from Preventative Maintenance Supervisor Jeremy Snyder and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 23-040
APPROVING A CONTRACT
PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND K S TELECOM, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002666). Staff requests Council approve
a contract purchase agreement with
KS Telecom, Inc. to provide fiber optic cabling services in the amount of $98,790 for the Water Treatment Plant Fiber Optic Facilities Rehabilitation project. Funding for this agreement is provided by the project’s approved budget which is funded from the Water Rehabilitation Fund.
CC #:
2510
File #: 0203-09
CONTACT:
Jeremy Snyder 916-774-1
829
[email protected]
7.2. Regional Pump Station 26 Force Main and Capacity Improvement Project - Approval of Plans and Specifications and Authorization to Call for Bids Memo from Associate Engineer Rana Moore and Environmental Utilities Director Richard Plecker recommending the City Council approve the project’s construction plans and specifications and authorize staff to advertise the Regional Pump Station 26 Force Main and Capacity Improvement Project and accept bids from prospective bidders. The estimated construction cost of the project is $2,940,000. Funding is provided by the South Placer Wastewater Authority and can be accommodated within the existing project budget.
CC #:
2513
File #:
0203-09
CONTACT:
Rana Moore 916-774-5581 [email protected]
7.3. Advanced Metering Infrastructure Project - Sole Source Contract Purchase Agreement
Memo from Advanced Metering Infrastructure Project Manager Caitlin Ornelas and Electric Utility Director Daniel Beans recommending the City Council adopt RESOLUTION NO. 23-045 APPROVING A SOLE SOURCE
CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY
OF ROSEVILLE AND CONCORD ENVIRONMENTAL ENERGY, INC.
DBA CONCORD UTILITY SERVICES, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002674). Staff requests Council approve a sole source contract purchase agreement with Concord Environmental Energy, Inc. dba Concord Utility Services
to perform both the electric and water meter installation and exchanges for Advanced Metering Infrastructure
project support, development and
implementation services. The total cost of this agreement is $5,612,677.78 with authorization for contract change orders that could increase the agreement amount by no more than 10%, or $561,267.78, for a not-to-exceed value of $6,173,945.56. This project is funded by the Electric and Environmental Utilities’ capital improvement project budgets in the Electric and Water Operations funds.
CC #:
2518
File #:
0203-07
CONTACT:
Caitlin Ornelas 916-774-5178 [email protected]
7.4. Fleet Vehicle and Truck Purchases – Purchase Orders Memo from Fleet Manager Brandy LeBeau and Public Works Director Jason Shykowski recommending the City Council approve a purchase order to Knight Sacramento CD Inc. dba Elk Grove Dodge for two (2) Subaru Ascent SUVs utilizing RFQ 10-3339 in the amount of $86,325; and approve a purchase order to Dobbs Heavy Duty Holdings, LLC dba Western Truck Center for two (2) Autocar CNG trucks with Wittke Starlight front-end loading bodies utilizing Sourcewell contract # 060920-ATC for the Autocar chassis and Sourcewell contract # 091219-LEG for the Wittke body in the amount of $1,001,797; and approve a purchase order to Dobbs Heavy Duty Holdings, LLC dba Western Truck Center for two (2) Autocar CNG trucks with New Way Mammoth front-end 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 $939,102. The funding for these purchases is included in the FY2022-23 Fleet Replacement budget.
CC #:
2512
File #:
0203-01
CONTACT:
Brandy LeBeau 916-774-5531 [email protected]
7.5. Flooring Repair and Installation Services – Contract Purchase Agreement Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-049 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
SIMAS FLOOR COMPANY, INC. DBA SIMAS FLOOR & DESIGN
COMPANY, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002660).
Staff requests Council approve a contract purchase agreement with Simas Floor & Design Company Inc., for flooring repair and installation. This is the first year with four optional renewal years on this contract. Funding for this agreement is available in the adopted FY2022-23 budget and will be included in the proposed FY2023-24 budget for the
Facility Rehabilitation Fund
.
CC #:
2522
File #:
0203-04
CONTACT:
Darci Carpenter 916-727-5702 [email protected]
7.6. Johnson Pool House Renovation Project - Reject all Bids, Approve Plans and Specifications, and Authorize Staff to Call for Bids
Memo from Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-043 REJECTING ALL BIDS FOR THE JOHNSON POOL HOUSE RENOVATION PROJECT, and approve the plans and specifications for the Johnson Pool House Renovation Project (re-bid), and authorize staff to call for bids. Staff requests Council approve the rejection of all bids for the Johnson Poolhouse Renovation Project due to bid results coming in well above the project budget and authorize staff to call for bids. Johnson Pool is located on .47 acres at the intersection of Vernon and D Streets in the Cherry Glen/Theiles Manor neighborhood. This project is the first phase of the Johnson Pool Vision Plan implementation and upgrades will provide needed accessibility improvements and code required upgrades focused on the building entrance and interior. Initial funding ($150,000) for the first phase of the project was approved in the FY2020-21 budget. Additional grant funds ($280,000) were awarded from the Department of Housing and Urban Development’s Community Development Block Grant in August 2022 for a total first phase budget of $430,000 for soft and hard costs. Ongoing maintenance costs are funded through the Parks, Recreation & Libraries operating budget in the General Fund. There will be no additional maintenance cost as a result of this project.
CC #:
2515
File #:
0707 & 0203-21
CONTACT:
Heather Buck 916-774-5254 [email protected]
Resolutions
7.7. City Council Law and Regulation Committee - Meeting Amendment Memo from Government Relations Administrator Mark Wolinski and Deputy City Manager Megan Scheid recommending the City Council adopt RESOLUTION NO. 23-048 ESTABLISHING A REGULAR MEETING DAY AND TIME FOR THE LAW AND REGULATION COMMITTEE. Staff requests Council approve
the fourth Thursday of the month at 9:00 a.m. as the regular meeting day and time for the City Council Law and Regulation Committee.
The City’s
Council/Boards, Commissions, & Committees Administrative Standards defines that the regular day and time for meetings for the Law and Regulation Committee shall be established by resolution adopted by the City Council.
CC #:
2521
File #:
0103-32
CONTACT:
Mark Wolinski 916-774-5179 [email protected]
7.8. Four Corners Park Project - Notice of Completion
Memo from Park Development Project Manager Joel De Jong and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-041 ACCEPTING THE PUBLIC WORK KNOWN
AS THE FOUR CORNERS PARK PROJECT, APPROVING THE
“NOTICE OF COMPLETION”, AND AUTHORIZING THE PARKS,
RECREATION AND LIBRARIES DIRECTOR TO EXECUTE SAID
NOTICE ON BEHALF OF THE CITY OF ROSEVILLE. The Parks,
Recreation & Libraries Department has made a final inspection of the Four Corners Park Project and has found that all contract work has been completed in accordance with the approved plans and specifications. The project is now ready for acceptance. Funding for the project was provided through the West Roseville Neighborhood Park Fund and was allocated in the FY2020-21 budget. Maintenance of the park is funded from the Westpark Community Facilities District No. 2 (Public Services). There is no impact to the General Fund.
CC #:
2514
File #:
0704-01
CONTACT:
Joel De Jong 916-774-5924 [email protected]
7.9. 2018 Parks Bond Act Per Capita Grant Program - Grant Award Memo from Park Planning & Development Manager Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-044 ACCEPTING A 2018 PARKS BOND ACT PER CAPITA GRANT AWARD FROM THE STATE OF CALIFORNIA –
NATURAL RESOURCES AGENCY, DEPARTMENT OF PARKS AND
RECREATION’S OFFICE OF GRANTS AND LOCAL SERVICES. The per capita amount for the City is $177,952 and is being applied to the replacement and upgrade of the Royer Park play structure. While the grant award contract was executed in October 2021, City procedure requires the Council to formally accept the grant. The grant will be applied to the Royer Park play structure replacement associated improvements surrounding the play area. This includes offsets to the play structure, rubber surfacing to ensure Americans with Disabilities Act access and an expanded picnic area with shade. There will be no additional maintenance costs since costs to maintain the play area are already accounted for in the Parks, Recreation and Libraries operations budget in the General Fund.
CC #:
2517
File #:
0704 & 0214
CONTACT:
Tara Gee 916-774-5253 [email protected]
7.10. Sierra Vista Specific Plan Baseline Road Segment 3 and a Portion of Segment 2 - Reimbursement Agreement
Memo from Principal Engineer Matthew Todd and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 23-051 APPROVING A REIMBURSEMENT AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND LENNAR HOMES OF
CALIFORNIA, LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve a reimbursement agreement with Lennar Homes of California, LLC in the amount of $1,506,322 for roadway infrastructure improvements along Baseline Road, that are within the Sierra Vista Specific Plan and beyond the developer's obligations. The funding source is the City/County Traffic Mitigation Fund, resulting in no impact to the City General Fund.
CC #:
2524
File #:
0400-04-12-1 & 0800-06
CONTACT:
Matthew Todd 916-774-5562 [email protected]
7.11. Communication Software Maintenance - License Agreement Amendment Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23-046
APPROVING A LICENSE AGREEMENT AMENDMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND TYLER TECHNOLOGIES
INC. Staff requests Council approve an amendment to an existing agreement with Tyler Technologies to provide 4 years of software maintenance for Brazos software,
which is used to issue electronic citations and to help store demographic information as required by the Racial & Identity Profiling Act.
The
total amount over 4 years is $140,957.56. Funding to cover the FY2022-23 cost of $33,692.67 has been approved in the Information Technology Operations Fund budget.
CC #:
2519
File #:
0323
CONTACT:
Claudia Harlan 916-774-5003 [email protected]
Mark Peinado 916-774-5021 [email protected]
Ordinances (for introduction and adoption - appropriation/urgency measures)
7.12. Sierra Vista Solaire Phase 6, Village 5 Bike Trail Project - Reimbursement Agreement and Budget Adjustment
Memo from Transportation Grants Analyst Cameron Schreiter and Public Works Director Jason Shykowski recommending the City Council
adopt
RESOLUTION NO. 23-050 APPROVING A REIMBURSEMENT
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
PULTE HOME COMPANY, LLC, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt
ORDINANCE NO. 6609 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 the
Reimbursement Agreement for Sierra Vista Solaire Phase 6, Village 5 Bike Trail project between the City and Pulte Home Company LLC. The developer, Pulte Home Company LLC, will pay upfront costs for the construction of the trail at an estimated cost of $282,613.
Staff also requests Council approve a budget
adjustment in the amount of $282,613 to cover costs to construct the Sierra Vista Solaire Phase 6, Village 5 Bike Trail project within Parcels FD-85, FD-84 and LOT G of FD-5 of the Sierra Vista Specific Plan (SVSP). Reimbursement will be provided through bike trail development fees collected for SVSP. There is no fiscal impact to the General Fund.
CC #:
2523
File #:
0721-05 & 0201-01
CONTACT:
Cameron Schreiter 916-746-1302 [email protected]
7.13. Edward Byrne Memorial Justice Assistance Grant Program - Grant Award and Budget Adjustment
Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 23-047
ACCEPTING A GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND
AUTHORIZING THE MAYOR TO EXECUTE THE REQUIRED
DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6607 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 United States Department of Justice, Office of Justice Programs and authorize the Mayor to execute the grant award document on behalf of the City.
The Roseville Police Department has been awarded a grant in the amount of $21,343 from the U.S. Department of Justice, Office of Justice Programs. The grant will be used to support the department's crime prevention, marketing, and public outreach programs.
The recommended budget adjustment will
appropriate $21,343 of grant funding in the City's Grants Fund. The budget adjustment will have no net impact on the City's General Fund.
CC #:
2520
File #:
0214 & 0201-01
CONTACT:
Mark Peinado 916-774-5021 [email protected]
Ordinances (for second reading and adoption)
7.14. Second Reading - 2022 Speed Limit Ordinance Update ORDINANCE NO. 6610 AMENDING SECTION 11.28.010 OF CHAPTER
11.28 OF TITLE 11 OF THE ROSEVILLE MUNICIPAL CODE
REGARDING SPEED LIMITS, for second reading and adoption.
CC #:
2525
File #:
0316-04
CONTACT:
Jana Cervantes 916-774-5498 [email protected]
7.15. Second Reading - Advanced Metering Infrastructure - Roseville Municipal Code Amendment
ORDINANCE NO. 6611 OF THE COUNCIL OF THE CITY OF
ROSEVILLE ADDING SECTION 14.24.053 TO CHAPTER 14.24 OF
TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING
ELECTRICAL ENERGY, for second reading and adoption.
CC #:
2526
File #:
0800-03
CONTACT:
Joanna Cucchi 916-746-1609 [email protected]
END OF CONSENT CALENDAR
8. ORDINANCES
8.1. Royer Park Play Area Expansion Project - Award of Contract and Budget Adjustment
Memo from Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-043 APPROVING AN AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND SITEWISE
CONSTRUCTION, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6608 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 award an agreement in the amount of $216,600 with change order authority in an amount not to exceed 10% for the contracted amount to Sitewise Construction, Inc. for rubber surfacing for increased accessibility into and around the play area and expansion of the adjacent picnic area with additional picnic tables, a shade shelter, and landscape planting. Staff also requests approval of a budget adjustment to redirect $128,000 from the Royer Park Maintenance Building Upgrades Project to the Royer Park Play Structure Replacement Project for the Americans with Disabilities Act (ADA) access within the play area and an added shade structure, both of which were included to address public outreach requests for a more accessible playground. The budget adjustment also includes allocation of $177,952 from the Per Capita State Grant Program (Prop 68) for a total project budget of $728,952. The project was approved in FY2020-21 using funds from the Parks, Recreation & Libraries Capital Fund. The school-aged play structure at Royer Park has reached the end of its useful life, as it is 24 years old.
Ongoing maintenance costs are anticipated to remain the same and are already included in the Parks, Recreation & Libraries budget in the General Fund.
CC #:
2516
File #:
0704 & 0201-01
CONTACT:
Heather Buck 916-774-5254
[email protected]
8.2. Cash for Grass Program - Budget Adjustment
Memo from Water Conservation Administrator Bobby Alvarez and Environmental Utilities Director Richard Plecker recommending the City Council adopt ORDINANCE NO. 6606
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 in the amount of $200,000 for the Cash for Grass Program rebates.
Funding for this budget adjustment is available in the Water Operations Fund.
CC #:
2511
File #:
0800-02 & 0201-01
CONTACT:
Bobby Alvarez 916-746-1710 [email protected]
9. COUNCIL REPORTS / PUBLIC COMMENTS
10. ADJOURNMENT
COUNCIL COMMUNICATION
CC #:
File #:
Title:
Meeting Heading
Contact:
Meeting Date: 2/1/2023
Item #: 0.1.
COUNCIL COMMUNICATION
CC #:
2527
File #:
0102-10
Title:
Resolution - Denio's 75th Anniversary
Contact:
Blair Hutchison 916-774-5266 [email protected]
Meeting Date: 2/1/2023
Item #: 5.1.
RECOMMENDATION TO COUNCIL
Commend Denio’s Roseville Farmers Market on the celebration of their 75th anniversary and extended best wishes for continued success in the future.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
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. Ceremonial documents meet the above criteria and are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Not applicable.
Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution - Denio's 75th Anniversary
COUNCIL COMMUNICATION
CC #:
2510
File #: 0203-09
Title:
Barton Road Water Treatment Plant Fiber Optic Network Upgrade Project - Contract Purchase Agreement
Contact:
Jeremy Snyder 916-774-1
829
[email protected]
Meeting Date: 2/1/2023
Item #: 7.1.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve the Contract Purchase Agreement with KS Telecom, Inc. for the Water Treatment Plant Fiber Optic Facilities Rehabilitation project and adopt a resolution authorizing the City Manager to execute it on behalf of the City.
BACKGROUND
The Environment Utilities Department released the Fiber Optic Network Upgrade Request for Proposals (RFP) 08-100 to solicit proposals for Fiber Optic Network Rehabilitation at the Barton Road Water Treatment Plant located at 9595 Barton Road.
The Fiber Optic Network is used for the Programmable Logic Controller (PLC) and Supervisory Control and Data Acquisition (SCADA) network communications. The Network was installed in various stages and, in some cases, “daisy-chained”. Because of this configuration, a failure in a problematic location might not be isolated and could affect a large portion of the plant. Much of the Network’s ancillary equipment is antiquated and obsolete, requiring replacement.
The scope of
work for the RFP includes fiber optic cabling services, installing new fiber, replacing old equipment, terminating connections, and demolishing and removing old connections.
Four proposals were received and evaluated by Environmental Utilities’ SCADA and Water Treatment Plant Maintenance staff on experience/qualifications, understanding of the project/project plan, and proposed cost. KS Telecom, Inc. was ranked first in overall scoring.
FISCAL IMPACT
The estimated cost of this service is $98,790 and will be funded from the Water Treatment Plant Fiber Optic Facilities Rehabilitation project’s approved budget of $200,000. The project is funded from the Water Rehabilitation Fund (Fund 6130).
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 E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Jeremy Snyder, Preventative Maintenance Supervisor
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 23-040
Signed Contract
Proposal
RESOLUTION NO. 23-040
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND K S TELECOM, INC., AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3002666) for the Barton Road Water Treatment Plant Fiber Optic Network Upgrade project, by and between the City of Roseville and K S Telecom, Inc., has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said 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 of Roseville this ___ day of ______________, 2023, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
This Proposal is protected by copyright laws and is intended for the City of Roseville, CA information only.
Reproduction and/or distribution of part or all of the information in this Proposal is Strictly Prohibited. © K S Telecom, Inc.
Barton Road Water Treatment Plant
Fiber Optic Network Upgrade
RFP 08-100
City of Roseville, CA
Submitted By:
K S Telecom, Inc.
P. O. Box 330
2350 Humphrey Road
Penryn, CA 95663-0330
Prepared By:
Bradley Metcalf
Office Phone: (916) 652-4735
Cell Phone: (916) 476-8310
Email: BradM@ KSTelecominc.com
K S Telecom Inc. will perform the services and adhere to the requirements described in:
RFP 08-100
Fiber Project Conduit and Wire Trays
Barton Fiber Project Cable Lengths
Question and Answers Sheet (24 Questions and Answers)
Project Understanding
K
S Telecom, Inc. (KST) has read and understands the requirements as set forth in RFP 08-100. We attended the pre-proposal conference and job walk conducted on September 22, 2022. And we submitted Questions 15 through 23, considerably more than any other contractor, to assure our complete understanding of all the intricacies of this project.
K
ST sees this as a straightforward project like many that we successfully complete each year. The goal of this project is to replace the multi -mode fiber optic network with a more robust and higher bandwidth single -mode fiber optic network. The owner has verified the cable lengths, verified the cable pathways, and verified that the pathways are of sufficient size to accommodate the new single -mode fiber optic infrastructure that will be installed over the existing multi-mode cable plant.
Th
e site will stay up on the existing multi -mode cable plant until the new single -mode cable has been installed, terminated, labeled, and tested. At this point, the owner will cut over to the new single-mode network. Once the owner has verified that all systems are live on the new single-mode fiber optic cables, we will go in and remove the existing multi-mode infrastructure.
I
n addition to the fiber optic cabling on this project there are (48) short copper station cables to be provided and installed. This as well as the fiber optic cabling is well withing our wheelhouse.
Th
e following items are stated to be needed for this project and have been included in our scope of work:
Ou
r approach to this project will be:
• I
n Administration, provide and install the 2” cores, cut back the 2” conduits, and provide and install the new ladder rack.
• P
rovide and install the new 2” conduit, boxes and core for the East Clearwell Building.
• P
rovide and install the (16) new single mode fiber optic backbone cables. • P
rovide and install all of the fiber terminations panels. • F
usion splice the fiber optic cables.
• L
abel, test and document the fiber optic cable installation.
P O Box 330
Penryn, CA 95663-0330
916 652-4735 x 248
www.KSTelecomInc.com
[email protected]
• Provide and install the 2” core and 12” wide ladder rack to create a pathway to connect the City Equipment rack to the SCADA rack.
o Provide and install 24-strands of single mode fiber optic cables from the rack to rack.
o Provide and install (24) CAT6 cables from rack to rack.
• Provide and install (8) CAT 6 cables for the East Clearwell security panel.
• Provide and install (8) CAT 6 cables for Dewatering downstairs office.
• Provide and install (8) CAT 6 cables for the Dewatering security panel.
• Label, test and document the CAT 6 cable installations.
• Submit closeout documents.
• Demo and remove the old multi-mode fiber optic cables.
A potential challenge for this project is installing the new single mode optical fiber cables in the same pathways that the existing multi-mode fiber optic cables occupy.
Extreme care will be exercised to not damage the existing multi-mode fiber optic cables or disrupt service.
P
roject Plan
K
S Telecom, Inc. (KST) has reviewed all of the bid documents.
KS
T has been designing, providing, installing, testing, certifying, and managing fiber optic projects for 27 years. We are extremely confident that we can provide the best level of service for this project for many reasons . KST has installed thousands of miles of fiber over the years, and we have many installers and office staff that are specialized in fiber installation, termination, and testing.
O
ur approach for tackling this project will be as follows:
• F
irst, schedule an onsite kick-off meeting with the City of Roseville and KST. We will discuss materials , site access, work schedule, pathways, installation, termination, labeling and testing.
• Se
t an anticipated construction schedule.
• I
nvestigate the conduit pathways with the City of Roseville’s participation, from the Administration Building to all the end points. We will open manholes and pull boxes to verify pathways as needed.
• O
nce the pathways are confirmed KST will complete the submittals for the project and await the City of Roseville’s response prior to ordering material.
• O
nce the submittals are approved KST will order all the materials needed for the project. We assume the longest lead times will be the DIN mounted fiber termination panels, and potentially the fiber optic cables. • K
nowing that some fiber and copper components will have longer lead times KST will start by installing the new pathways required, consisting of:
o The Administration Building - new concrete 3” cores, cut back the 3” conduits, and provide and install the new 12” wide ladder rack to create the pathway to connect the City Equipment rack to the SCADA rack.
P O Box 330
Penryn, CA 95663-0330
916 652-4735 x 248
www.KSTelecomInc.com
[email protected]
o The Dewatering Building – new concrete 2” core and 2” conduit with new STC can and intercept the can at the East Clearwell Building. • T
he copper components should have better lead times than the fiber, thus KST assumes this will be the second action item to be completed. KST will Provide and install the CAT6A cables, consisting of:
o (8) cables for the East Clearwell security panel.
o (8) cables for Dewatering downstairs office.
o (8) cables for the Dewatering security panel.
o (24) cables from rack to rack within the Administration Building. o Label, test and document all CAT6 cable installations. • U
pon arrival of the outside plant fiber optic cable, it will be installed per the design throughout the site, through existing and minor new pathways.
The fiber installed will be a mix of 12 and 24 strand single mode fiber as noted in the RFP . It is anticipated that we will hand- pull the new fiber, without the use o f a w inch or cable tugger. We will provide barricades, safety cones, warning tape, traffic control, etc. as needed at all open pull boxes and pulling points . Cable slack loops will be left at all pull points and termination locations per customer direction.
• 24
-Strands of riser rated single mode fiber optic cable from the rack to rack will also be installed in the Administration Building. We typically have this fiber in-stock.
• O
nce the fiber optic cables are installed, the fiber termination panels will be installed and prepped for splicing.
• P
rior to termination KST will lace and dress the fiber optic cables into the fiber termination panels. We will fusion splice fiber pigtails onto the fiber optic cables.
• L
abel, test and document the fiber optic cable installation. The fiber optic cables will be tested utilizing industry standards and a Fluke level 4 or greater power meters.
• Sub
mit for the manufacturer’s extended warranty.
• Sub
mit closeout documents, including fiber and copper test results, and KST’s warranty letter.
• E
lectronically deliver manufactures warranty once approved. • D
emo and remove the old multi -mode fiber optic cables , from the headend(s) to the outboard ends once the customer has completed the cutover to the new fiber.
A
nticipated Work Duration Schedule
Task Duration
Preliminary meeting and pathway investigation 2 days
Providing submittal and submittal review 2 weeks
Order materials 2 Days
Anticipated material receiving 1 to 12 weeks
Install cores, conduit pathways and ladder rack 4 days
Install, terminate and test CAT6A cables 6 days
Install fiber optic cables 10 days
Install fiber optic termination components 1 day
Terminate, label and test fiber optic cables 7 days
Prepare and deliver test results and as-built drawings 3 days Demo multi-mode fiber 2 days
T
he names and certifications for the crew who will be assigned to this project are included in Tab C.
Oc
tober 20, 2022
Barton Road Water Treatment Plant
Fiber Optic Network Upgrade
K
S Telecom, Inc. (KST) is pleased to provide this cost proposal for the installation of the new fiber optic backbone cables and Category 6A data cables for the City of Roseville, Barton Road Water Treatment Plant. The project is located at 9595 Barton Road, Granite Bay, CA.
T
his cost proposal is based upon the following bid documents:
• RFP 08-100
• The mandatory pre-proposal and conference/job walk conducted on 10/22/22, i
ncluding the site plan provided at the job walk
• The Barton Fiber Project Cable Lengths spreadsheet
• The Fiber Project Conduit and Wire Trays pictures
• The Questions and Answers posted on the Public Purchase website K
ST has four (4) BICSI RCDD’s on staff, one of which will oversee this project. Additionally, we employee many BICSI accredited technicians and installers who can be assigned to this project.
SC
OPE OF WORK:
K
ST will provide, install, terminate, label, test, certify, document, and warranty the installation of the single mode fiber optic backbone cables connecting the buildings and PLC’s together. We will provide, install, terminate, label, test, certify, document, and warranty the installation of the Category 6A data cables.
A
brief summation of the major components of our scope of work is hereby provided.
Fiber Optic Backbone Cabling:
W
e propose to provide and install outside plant rated single mode fiber optic backbone cables, equivalent to Corning ALTOS Loose Tube, in the lengths stated in the Barton Fiber Project Cable Lengths spreadsheet. Our proposal is for a Belden or Berk -Tek/Leviton solution, based upon availability.
T
he industry is experiencing a severe shortage of fiber optic cables. This is true of most, if not all manufacturers . It is difficult , if not almost impossible to find fiber in -stock in large quantities. If we are awarded this contract, we will check the availability of the above stated manufacturers before we choose a solution. As of right now, Belden seems to have the best availability.
916-652-4735
P. O. Box 330
Penryn, California 95663-0330
www.KSTelecomInc.com
[email protected]
T
he following fiber optic backbone cables are included in our scope:
FIBER
Landing point
# of
strands Approx. cable length in feet Total cable length 12KV Switchgear 12 1050 15610
Front Gate 12 1275
Front Camera 12 1575
East Clearwell 12 670
Reclaimed Water 12 925
Dewatering Bldg. PLC Cabinet 24 950
Dewatering Bldg. Centrifuge PLC cabinet 12 100
Sed. Basin 1 12 1320
Sed. Basin 2 12 1430
Sed. Basin Camera Pole 12 1530
Chemical Bldg. PLC cabinet 12 1795
Chemical Bldg. Security Panel 12 75
Cell Tower Camera Pole 12 850
Filter PLC-9 12 770
Filter PLC-8 12 845
Filter PLC-6 12 400
City network comm rack 24 50
Copper Station Cabling:
K
ST will provide and install the following plenum rated Category 6A data cables as stated in the Barton Fiber Project Cable Lengths spreadsheet.
COPPER
Landing point # of cables Approx. cable length in feet Total cable length City Comm Rack 24 50 2400
East Clearwell Security panel 8 50
Dewatering downstairs office 8 50
Dewatering security panel 8 50
Pathways:
Al
l the underground conduits and pull boxes are already in-place. We are not installing any new underground conduits. We are however providing and installing the following new pathways:
1. In Administration:
a. Provide (3) 2” cores through the cinderblock wall to connect the room w ith the SCADA rack to the adjacent room with the City Equipment rack. b. Cut back (3) 2” conduits and reinstall sleeves through the new cores. c. Install 12” wide ladder rack in the SCADA room and in the City Equipment room. d. This work will be completed in accordance with the drawings provided. 2 . At the East Clearwater Filter Gallery:
a. Provide (1) 2” core and (1) NEMA 3R box.
b. Install approximately 40’ of new 2” rigid conduit from the new NEMA 3R box to intercept pull can 3JB-12S.
c. Remove the “candy cane” conduit and install a new direct conduit. d. Install (1) 2” pass through between the Siemens cabinets shown in the picture. e. This work will be completed in accordance with the drawings provided.
PR
ICING:
The base price for the scope of work listed above is $97,900.00 • This price includes tax.
• This price is based upon working during normal construction hours, typically Monday through Friday, between the hours of 6 AM and 5:00 PM.
• This cost proposal will remain valid for 12 0 days from the bid date. If we have not received a contract or purchase order prior, we reserve the right to requote or amend our scope of work and price due to potential material and/or labor price increases.
The Add Option 1 price for single mode fiber patch cords listed below is $890.00 • This price includes (34) duplex LC 2-meter single mode fiber patch cords. • This price includes tax.
• This price include installation.
Rate %
Journeyman $125.00 55
Apprentice $100.00 35
RCDD $150.00 2
Project Manager $100.00 8
T
he City of Roseville will not be subject to any reimbursable expenses from KST.
WAR
RANTY INFORMATION:
K
S Telecom, Inc. warrants all materials and craftsmanship installed or performed by KST to be free from defects for a period of one (1) year from the date of substantial completion. KST shall repair or replace, at its sole discretion, all defective materials and/or craftsmanship at no charge to the customer, excluding damage because of negligence, abuse, misuse, and/or acts of God. Normal and customary service charges shall apply for the diagnosis of repair or non- warranted defects. Any changes to LAN/WAN configuration or programming after acceptance is the responsibility of the customer.
A
manufacturer’s extended warranty will be provided.
K
ST’s Information:
C-7, Contractor License #: 790922
Expires 02/28/2023
DIR# 1000000120
CO
NCLUSION:
T
hank you for your time and consideration. We look forward to working with you in making this a successful project.
Pl
ease feel free to contact me if you have any questions.
C
ordially,
B
radley (Brad) Metcalf
Sales/Project Manager
K
S Telecom, Inc.
PO Box 330
Penryn, CA 95663
Office: (916) 652-4735 X248
Cell: (916) 975-4830
[email protected]
COUNCIL COMMUNICATION
CC #:
2513
File #:
0203-09
Title:
Regional Pump Station 26 Force Main and Capacity Improvement Project - Approval of Plans and Specifications and Authorization to Call for Bids Contact:
Rana Moore 916-774-5581 [email protected]
Meeting Date: 2/1/2023
Item #: 7.2.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1 .
Approve the Project’s construction plans and specifications. 2 .
Authorize staff to advertise the Project and accept bids from prospective bidders.
BACKGROUND
The City of Roseville’s sewer system hydraulic model indicates that the South Placer Wastewater Authority (SPWA) trunk sewer on Old Auburn Road could be subject to overflows, and that this capacity deficiency will be further exacerbated under buildout development.
Woodard and Curran was commissioned by the City of Roseville to conduct an analysis comparing multiple options to correct the capacity issue. The scope of this project incorporates recommendations from this analysis to improve capacity and dependability of Pump Station 26 and surrounding force mains.
This project is located along Sierra College Boulevard near Old Auburn Road and Eureka Road in Roseville, California. The work to address the capacity deficiency covers the upsizing of existing 8” and 10” polyvinyl chloride (PVC) gravity sewer pipes, installation of a new weir manhole, a new pump, and electrical improvements to Pump Station 26 located at 9705 Sierra College Blvd., Roseville, CA 95661.
The majority of the sewer main improvements will be done via trenchless pipe bursting methods, resulting in significant cost savings and a minimization of traffic disruptions.
A copy of the plans and specifications are included as part of this agenda package.
FISCAL IMPACT
The total cost for this construction project is estimated to be $2,940,000, which includes the construction cost, contingency for potential change orders, and secondary labor. Funding is provided by the SPWA.
ENVIRONMENTAL REVIEW
The proposed project involves conversions to a small facility. This activity is categorically exempt from CEQA as a Class 3 Exemption (State CEQA Guidelines Section 15303). The proposed project also involves minor alteration in the condition of the land, which will not remove healthy, mature scenic trees. This activity is categorically exempt from CEQA as a Class 4 Exemption (State CEQA Guidelines Section 15304). 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,
Rana Moore, Associate Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Project Manual Part 1
Project Manual Part 2
Project Manual Part 3
Supplemental Material - Biological Review
Supplemental Material - Geotechnical Report
Buildings & Grounds
Project Manual
Project:
Regional Pump Station 26 and Force Main Capacity
Improvement
Department:
Environmental Utilities
City of Roseville California RFP#08-109 TOC-i
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PROJECT MANUAL
TABLE OF CONTENTS
NOTICE TO CONTRACTORS NTC
1-5
INSTRUCTIONS TO BIDDERS INT
Section 1: General 1
Section 2: Bid Requirements 3
Section 3: Evaluation of Bids 9
Section 4: Award and Execution of Contract 11
Section 5: Bid Protest Procedures 14
PROPOSAL PROP
Proposal to the Department of Environmental Utilities 1 Statement of Qualifications and Experience 6
Designation of Subcontractors 7
Security for Compensation Certificate 8
Bidder’s Bond 9
Schedule of Bid Items 11
Noncollusion Declaration 12
Disqualification Questionnaire 13
Acknowledgement of Insurance and Bond Requirements 14
Disclaimer of Warranties and Accuracy of Data 15
AGREEMENT AGR
1-6
INSURANCE INS
Table of Contents for Insurance Information Packet i
Notice to Contractor 1
Notice to Insurance Broker 2
Insurance Requirements 3
Faithful Performance Bond 10
Labor and Materials Payment Bond 15
GENERAL CONDITIONS GC
City of Roseville California RFP#08-109 TOC-ii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Table of Contents for General Conditions i-ix
Section 1: Definitions and Terms 1:1
Section 2: Control and Scope of Work 2:1
Section 3: Changes in the Work 3:1
Section 4: Control of Materials 4:1
Section 5: Legal Relations and Responsibility 5:1
Section 6: Prosecutions and Progress 6:1
Section 7: Acceptance and Payment 7:1
TEXT OF AB 626 AB 626
1-9
SUPPLEMENTAL CONDITIONS: SC
Table of Contents for Supplemental Conditions i
Scope of Supplemental Conditions 1
Section 1: Definitions and Terms 2
Section 2: Control and Scope of Work 3
Section 3: Changes in the Work 4
Section 4: Control of Materials 5
Section 5: Legal Relations and Responsibility 6
Section 6: Prosecutions and Progress 7
Section 7: Acceptance and Payment 8
SPECIAL PROVISIONS SP
Table of Contents for Special Provisions i
Section 1: Governor’s Executive Order N-6-22 (EO) 1
SPECIFICATIONS for CONSTRUCTION (PREPARED BY WWE)
Table of Contents TOC-1
Division 1: General Requirements 01 11 03-1
Division 2: Existing Conditions 02 41 03-1
Division 3: Concrete 03 21 03-1
Division 5: Metals 05 05 06-1
Division 7: Thermal & Moisture Protection 07 92 03-1
Division 9: Finishes 09 91 03-1
Division 26: Electrical 26 00 00-1
Division 31: Earthwork 31 05 03-1
Division 32: Exterior Improvements 32 12 16-1
Division 33: Utilities 33 01 21-1
Division 40: Process Integration 40 05 06-1
City Standard Specifications Section 37: Micro-Surfacings SECTION 37-001
City of Roseville California RFP#08-109 TOC-iii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
DRAWINGS (PREPARED BY WWE) SHEET
General G-01
Demolition D-01
Civil C-00
Standard Details SD-01
Electrical E-01
Instrumentation I-01
Work Zone WZ-1
City of Roseville California RFP#08-109 NTC - 1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
CITY OF ROSEVILLE
DEPARTMENT OF ENVIRONMENTAL UTILITIES
REGIONAL PUMP STATION 26 AND FORCE MAIN CAPACITY IMPROVEMENT
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 March 13, 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 March 13, 2023 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: Regional Pump Station 26 and Force Main Capacity Improvement.
An optional pre-bid meeting will be held at 2005 Hilltop Circle Roseville, CA 95747 at 10am on Thursday February 16, 2023.
A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be obtained on-line from the City of Roseville’s website at www.roseville.ca.us/business/procurement_services/bids_rfps or directly at www.publicpurchase.com. All communications relative to this project shall be conducted through Public Purchase.
Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as
City of Roseville California RFP#08-109 NTC - 2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 amount equal to at least ten percent (10%) of the Bidder’s Grand Total Price. The Bid Guaranty will be retained by the City and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. The City intends to award the Contract to the lowest responsible Bidder based on the Grand Total Bid Price for all components of the Project.
To the extent allowed by law, the City reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. The City specifically reserves the right to not award the Contract after the opening of bids.
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for RFP # 08-109
Regional Pump Station 26 and Force Main Capacity
Improvement
(Name of Bidder)
(Address of Bidder)
City of Roseville California RFP#08-109 NTC - 3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.
Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.
The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status in the award and administration of contracts that it awards.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.
The City has determined that the Contractor shall possess a valid Class A, General Engineering Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.
The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of
City of Roseville California RFP#08-109 NTC - 4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.
Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 or exempt from registration requirements pursuant to Labor Code Section 1725.5(f). It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform work pursuant to Labor Code Section 1725.5 at the time the contract is awarded or is exempt from registration requirements pursuant to Labor Code Section 1725.5(f). The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
All questions prior to the deadline for bid submissions must be submitted via the Public Purchase website at https://www.publicpurchase.com
. The deadline for submissions of questions
and clarifications regarding the Contract Documents is ten (10) calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding.
City of Roseville California RFP#08-109 NTC - 5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
City of Roseville California RFP#08-109 INT - 1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSTRUCTIONS TO BIDDERS
SECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in the General Conditions Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.
The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site
City of Roseville California RFP#08-109 INT - 2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, and reviewed all available supplemental materials. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records, if they exist, have been uploaded to the Public Purchase website for this RFP as “supplemental materials”. The supplemental materials are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor.
The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.
No information derived from such inspection of records of investigations or compilation thereof made by the City, the Department or from the Engineer, or his or her assistants, will in any way relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Contract.
City of Roseville California RFP#08-109 INT - 3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms (included in this document under section PROP), which, when filled out and executed may be submitted as the bid. Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder. Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.
The Proposal and one (1) copy thereof shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a Proposal, and identifying the project to which the Proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.
The Bidder shall sign the Proposal in the blank space provided therefor. If the Bidder is the sole owner, the Proposal shall be signed by the owner. If the Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Proposal shall be signed by at least two officers authorized to sign contracts on behalf of the corporation.
If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the
City of Roseville California RFP#08-109 INT - 4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.
No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of one- half of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.
City of Roseville California RFP#08-109 INT - 5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.
All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.
All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2-1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP- 12).
2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any
City of Roseville California RFP#08-109 INT - 6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.
A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2-1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
Unit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.
The City may correct any mathematical errors apparent on the face of the bid.
The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.
Amounts for Allowance bid items must be entered in the exact amount in the Amount column.
City of Roseville California RFP#08-109 INT - 7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The prices included within the Schedule of Bid Prices shall include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.
The Grand Total Bid Price shall be indicated in the Summary table form included with the Schedule of Bid Prices. The Grand Total Bid Price shall be the sum of the amounts bid for each of the designated portions of the Work, as more specifically described on the Schedule of Bid Prices form itself.
Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the General Conditions, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.
Full compensation for completion of all work as shown on the plans, as specified in the Specifications, and as directed by the City, shall be considered included in the bid items and no additional compensation shall be allowed.
Bidders are strongly discouraged from submitting unbalanced bids. As used herein, the term “unbalanced bid” is defined as any bid that does not include a reasonable proportionate allocation of indirect costs and profit of each bid item indicated in the Schedule of Bid Prices.
The City reserves the right to reject any unbalanced bid if the City determines that there is a reasonable doubt that an acceptance of the bid will not result in the lowest ultimate cost to the City with regard to the work or a disproportionate distribution of contract funds.
The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work
City of Roseville California RFP#08-109 INT - 8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] under a bid item will be performed during the course of the Project or that the Work will be performed at the quantities included in the Schedule of Bid Prices. As provided in the General Conditions, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.
The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the
City of Roseville California RFP#08-109 INT - 9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] provisions of California Labor Code Section 6707, if the Work involves construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.
SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.
In case of discrepancy between the total of the base contract items and any specified alternates and the stated Grand Total Bid Price, the total of the base contract items plus specified alternates shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the City and the City will use the mathematically corrected addition. For example, if the mathematical total of Bidder’s base contract items plus specified alternates equals $1,000,000, but the Bidder has written $1,250,000 as the Grand Total Bid Price, the City will consider $1,000,000 to be the Bidder’s Grand Total Bid Price for purposes of comparison to other Bidders and actual bid award. The City reserves its rights to reject or accept bids based on discrepancies between the stated Grand Total Bid Price and the actual mathematical total of the
City of Roseville California RFP#08-109 INT - 10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] base contract bid items, plus specified alternates.
3-1.02 REJECTION OF IRREGULAR PROPOSALS. Proposals may be rejected in the City's sole discretion if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. However, the City reserves the right to waive any minor irregularities and informalities in any bid or in the bid procedure for any reason.
3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.
All Bidders are put on notice that any collusive agreement to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the City Charter, State Contract Act and the Business and Professions Code and may render void any Contract let under such circumstances.
3-1.04 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in its bid, the Bidder shall give the Department written notice within five (5) Days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid
City of Roseville California RFP#08-109 INT - 11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.
SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.
Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited,
City of Roseville California RFP#08-109 INT - 12
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] will be returned.
4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.
Each of the two (2) bonds shall be in a sum equal to one hundred percent (100%) of the Contract Price. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. Sureties on each of said bonds shall be satisfactory to the City.
All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the General Conditions, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.
Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the General Conditions. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance
City of Roseville California RFP#08-109 INT - 13
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.
If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to
City of Roseville California RFP#08-109 INT - 14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.
SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.
PROPOSAL
PROPOSAL TO THE DEPARTMENT OF ENVIRONMENTAL UTILITIES
for
Regional Pump Station 26 and Force Main Capacity Improvement
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, General Conditions, Supplemental Conditions, Contract Drawings, and Addenda, if any, are
City of Roseville California RFP#08-109 PROP - 2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 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 Regional Pump Station 26 and Force Main Capacity Improvement, 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 be the total of all items awarded.
City of Roseville California RFP#08-109 PROP - 3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.
The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.
Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
If SOLE OWNER, execute here:
I sign as sole owner of the business named above:
_____________________________________________________________________________
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
City of Roseville California RFP#08-109 PROP - 4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________
If CORPORATION, execute here:
Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
The undersigned certify that they sign this bid with the full and proper authorization so to do:
City of Roseville California RFP#08-109 PROP - 5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
City of Roseville California RFP#08-109 PROP - 6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
STATEMENT OF QUALIFICATIONS AND EXPERIENCE
Provide a summary of your firm’s experience in providing these or similar services.
Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, a list of proposed staff that were part of the project, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred.
City of Roseville California RFP#08-109 PROP - 7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
LIST OF SUBCONTRACTORS
Contractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.
PORTION/
TYPE OF
WORK
% OF
CONTRACT
SUB-
CONTRACTOR’S
NAME
CONTRACTOR
LICENSE NO.
DIR REG.
NO.
BUSINESS ADDRESS
(CITY, STATE)
City of Roseville California RFP#08-109 PROP - 8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
_________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
City of Roseville California RFP#08-109 PROP - 9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:
That we ________________________________________________________________ ___________________________________________________________, as PRINCIPAL, and ______________________________________________________________________________ a, __________________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Roseville in the penal sum of _______________________________________________ dollars ($________________), being at least TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Roseville, acting by and through the Public Works Director, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the Director of the Department to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR
(Copy here the exact title of work as it appears on the Proposal.)
City of Roseville California RFP#08-109 PROP - 10
Regional Pump Station 26 and Force Main Capacity Improvement [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 _________________________
SCHEDULE OF BID ITEMS
Bid
Item Item Description Unit Estimated
Quantity
Unit Price
($) Total Amount ($)
1 Mobilization and
Demobilization LS 1
2 Bypass Pumping LS 1
3 Traffic Control LS 1
4 Pipe Installation – Work Zone 1
(MH No. 2 to MH No. 1) LS 1
5 Weir Manhole – Work Zone 1 EA 1
6 Pipe Installation – Work Zone 2
(MH A08-010 to B08-196)
LS 1
7 Pipe Installation – Work Zone 3
(MH B08-196 to B08-113)
LS 1
8 Pipe Installation – Work Zone 4
(MH B08-113 to B08-077)
LS 1
9 Pipe Installation – Work Zone 5
(MH B08-077 to B 08-062)
LS 1
10 PS 26 Improvements LS 1
GRAND TOTAL BID PRICE ($) = ______________________________________________ Grand Total Bid Price in Words:_________________________________________________
City of Roseville California RFP#08-109 PROP - 12
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state].
____________________________________
(Signature of Declarant)
City of Roseville California RFP#08-109 PROP - 13
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes______ No______
If the answer is yes, explain the circumstances in the following space.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
City of Roseville California RFP#08-109 PROP - 14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
City of Roseville California RFP#08-109 PROP - 15
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
DISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
Although soil and site investigation reports have been obtained from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information contained therein. These reports are subject to change at any time, may be incomplete, and/or may contain errors. This information is provided for informational purposes only. The City of Roseville provides this information on an “as is” basis. Warranties of any kind, express or implied, or statutory, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose ARE DISCLAIMED to any party viewing these documents or to any third party.
The City of Roseville does not accept and expressly disclaims liability to any party viewing such information, or to any third party whatsoever, for any loss, damage, or injury (including incidental or consequential damages) whether such loss, damage, or injury is the result of negligence, willful or intentional misconduct, or any other cause.
I have read and acknowledged the above disclaimer and agree to hold harmless the City of Roseville on any theory of liability for any loss, damage or injury whether in contract, strict liability or tort arising in any way out of the use or contents of the released information or documents described above or the performance of the work called for herein.
Print Name Signature
City of Roseville California RFP#08-109 PROP - 16
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Name of Business/Company/Corporation Date
Address Phone
END OF PROPOSAL
City of Roseville California RFP#08-109 AGR - 1
Regional Pump Station 26 and Force Main Capacity Improvement [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 Regional Pump Station 26 and Force Main Capacity Improvement 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 RFP#08-109 AGR - 2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] contract to CONTRACTOR to do the work referred to in the aforementioned specifications.
NOW, THEREFORE, the parties agree as follows:
1. THE WORK. CONTRACTOR agrees:
a. To do the work and furnish all the labor, materials, tools, supplies, equipment, superintendence, insurance, and bonds required for the _______________________ ______________________________________________________________________________ in accordance with the Contract Documents (the Work).
b. To do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Public Works of the City of Roseville.
2. PAYMENT. CITY shall pay CONTRACTOR __________________________ _________________________________________ dollars ($________________) for the Work to be done under this Agreement in accordance with the Contract Documents.
3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including general conditions, supplemental conditions, special provisions and construction details); d. Bonds and insurance required by the Insurance Broker Information Packet section of this document; and
e. This contract.
City of Roseville California RFP#08-109 AGR - 3
Regional Pump Station 26 and Force Main Capacity Improvement [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 $________ 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 _____ Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.
6. SERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.
CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________
City of Roseville California RFP#08-109 AGR - 4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.
7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.
8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. INDEPENDENT CONTRACTOR. CONTRACTOR shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
10. SUCCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
11. MODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
12. SEVERABILITY. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
13. INTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE
City of Roseville California RFP#08-109 AGR - 5
Regional Pump Station 26 and Force Main Capacity Improvement [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
City of Roseville California RFP#08-109 AGR - 6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
ATTEST:
BY: __________________________
its: __________________________
BY:______________________________
CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:
BY: ______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: ______________________________
Print Name:________________________
Title:______________________________
City of Roseville California RFP#08-108 INS -i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSURANCE BROKER INFORMATION PACKET
Regional Pump Station 26 and Force Main Capacity Improvement
TABLE OF CONTENTS for INSURANCE BROKER INFORMATION PACKET Page
Notice to Contractor INS 1
Notice to Insurance Broker INS 2
Insurance Requirements INS 3
Public Works Faithful Performance Bond INS 10
Public Works Payment Bond INS 15
City of Roseville California RFP#08-109 INS -1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
NOTICE TO CONTRACTOR
For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.)
Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid.
City of Roseville California RFP#08-109 INS -2
Regional Pump Station 26 and Force Main Capacity Improvement [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 Regional Pump Station 26 and Force Main Capacity Improvement 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:
Rana Moore
2005 Hilltop Circle
Roseville, CA 95747
Insurance documents must be provided using one of the following methods:
a. By email to [email protected] and [email protected] b. By fax to (770) 335-5727 and (916) 774-5461
After using one of these methods, please DO NOT send the insurance certificate(s) by mail.
When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.
Thank you.
City of Roseville California RFP#08-109 INS -3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
INSURANCE REQUIREMENTS
The following sections are quoted from the General Conditions:
5-1.23 INSURANCE COVERAGE.
A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.
C. Insurance Required.
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury,
City of Roseville California RFP#08-109 INS -4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] personal injury and property damage for projects under One Million Dollars ($1,000,000) and limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, cross- liability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss.
City of Roseville California RFP#08-109 INS -5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its
City of Roseville California RFP#08-109 INS -6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Subcontractors provided any design or engineering services in connection with the Project.
5. Builder’s Risk/Course of Construction Insurance Is ____ OR Is Not ____ Required by Risk Management: The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of Builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the
City of Roseville California RFP#08-109 INS -7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.
7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
5-1.24 OTHER INSURANCE PROVISIONS.
A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by Contractor under the Contract.
Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be
City of Roseville California RFP#08-109 INS -8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.
E. The limits of insurance required in this Contract may be satisfied by a
City of Roseville California RFP#08-109 INS -9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and self- insured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
City of Roseville California RFP#08-109 INS -10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PUBLIC WORKS
FAITHFUL PERFORMANCE BOND
(Project: Regional Pump Station 26 and Force Main Capacity Improvement)
WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as Regional Pump Station 26 and Force Main Capacity Improvement (the “WORK”).
The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and
WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the Bond No. ____________________
Premium $____________________
City of Roseville California RFP#08-109 INS -11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.
As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the SURETY shall
City of Roseville California RFP#08-109 INS -12
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] continue so long as any obligation of the PRINCIPAL remains.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:
1. Undertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.
2. Reimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship
City of Roseville California RFP#08-109 INS -13
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.
SURETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.
No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
[SIGNATURES NEXT PAGE]
City of Roseville California RFP#08-109 INS -14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.
PRINCIPAL: SURETY:
BY:_________________________________ BY:________________________________ PRINT NAME: ________________________ PRINT NAME: _______________________ PRINT TITLE: ________________________ PRINT TITLE:________________________
AND MAILING ADDRESS:
BY: ________________________________ ___________________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________
(Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY:
__________________________
City Attorney
City of Roseville California RFP#08-109 INS -15
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
PUBLIC WORKS
LABOR AND MATERIALS PAYMENT BOND
(Project: Regional Pump Station 26 and Force Main Capacity Improvement)
WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as Regional Pump Station 26 and Force Main Capacity Improvement (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and
WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which Bond No. _________________
Premium $________________
City of Roseville California RFP#08-109 INS -16
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall
City of Roseville California RFP#08-109 INS -17
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.
PRINCIPAL: SURETY:
BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________
AND MAILING ADDRESS:
City of Roseville California RFP#08-109 INS -18
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________
(Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: __________________________
City Attorney
City of Roseville California RFP#08-109 GC – i
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
GENERAL CONDITIONS
FOR BUILDINGS AND GROUNDS
TABLE OF CONTENTS
SECTION 1: DEFINITIONS AND TERMS GC-1:1
1-1.01 GENERAL ....................................................................................................... GC-1:1 1-1.02 ACCEPTANCE................................................................................................ GC-1:1 1-1.03 ADDENDUM .................................................................................................. GC-1:1 1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS ................................................................................................. GC-1:1 1-1.05 ASSESSMENT ................................................................................................ GC-1:1 1-1.06 BENEFICIAL OCCUPANCY ......................................................................... GC-1:2 1-1.07 BID GUARANTY ............................................................................................ GC-1:2 1-1.08 BIDDER ........................................................................................................... GC-1:2 1-1.09 BIDDING DOCUMENTS ............................................................................... GC-1:2 1-1.10 CHANGE ORDER ........................................................................................... GC-1:2 1-1.11 CITY ................................................................................................................ GC-1:2 1-1.12 CITY ATTORNEY .......................................................................................... GC-1:2 1-1.13 CITY CLERK .................................................................................................. GC-1:2 1-1.14 CLAIM ............................................................................................................. GC-1:2 1-1.15 CONSTRUCTION SCHEDULE ..................................................................... GC-1:3 1-1.16 CONTRACT OR AGREEMENT .................................................................... GC-1:3 1-1.17 CONTRACT CONDITIONS ........................................................................... GC-1:3
City of Roseville California RFP#08-109 GC – ii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 1-1.18 CONTRACT DOCUMENTS .......................................................................... GC-1:3 1-1.19 CONTRACT DRAWINGS .............................................................................. GC-1:3 1-1.20 CONTRACT PRICE ........................................................................................ GC-1:4 1-1.21 CONTRACT TIME .......................................................................................... GC-1:4 1-1.22 CONTRACTOR ............................................................................................... GC-1:4 1-1.23 DAY OR DAYS ............................................................................................... GC-1:4 1-1.24 DEPARTMENT ............................................................................................... GC-1:4 1-1.25 DIRECT COSTS .............................................................................................. GC-1:4 1-1-26 DIRECTOR. ..................................................................................................... GC-1:6 1-1.27 EMERGENCY. ................................................................................................ GC-1:6 1-1.28 ENGINEER OR ARCHITECT ........................................................................ GC-1:7 1-1.29 FINAL COMPLETION ................................................................................... GC-1:7 1-1.30 FORCE ACCOUNT ......................................................................................... GC-1:7 1-1.31 GENERAL NOTES ......................................................................................... GC-1:7 1-1.32 INSTALLATION, INSTALL .......................................................................... GC-1:7 1-1.33 LABORATORY .............................................................................................. GC-1:7 1-1.34 LEGAL HOLIDAYS ....................................................................................... GC-1:7 1-1.35 LIQUIDATED DAMAGES ............................................................................. GC-1:7 1-1.36 NOTICE OF COMPLETION ........................................................................... GC-1:8 1-1.37 NOTICE TO PROCEED .................................................................................. GC-1:8 1-1.38 NOTICE OF TERMINATION ......................................................................... GC-1:8 1-1.39 OVERHEAD .................................................................................................... GC-1:8 1-1.40 PREMISES ....................................................................................................... GC-1:9 City of Roseville California RFP#08-109 GC – iii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 1-1.41 PROFESSIONAL ENGINEER ........................................................................ GC-1:9 1-1.42 PROJECT MANUAL ...................................................................................... GC-1:9 1-1.43 PROPOSAL FORMS ....................................................................................... GC-1:9 1-1.44 REQUEST FOR INFORMATION (RFI). ........................................................ GC-1:9 1-1.45 SAFETY ........................................................................................................... GC-1:9 1-1.46 SCHEDULE OF VALUES. ............................................................................. GC-1:9 1-1.47 SHOP DRAWINGS ....................................................................................... GC-1:10 1-1.48 SPECIFICATIONS ........................................................................................ GC-1:10 1-1.49 SUBCONTRACTOR ..................................................................................... GC-1:10 1-1.50 SUBMITTALS ............................................................................................... GC-1:10 1-1.51 SUPPLEMENTAL CONDITIONS ............................................................... GC-1:10 1-1.52 SUPPLIER ..................................................................................................... GC-1:10 1-1.53 WORK............................................................................................................ GC-1:11 1-1.54 WORK SITE .................................................................................................. GC-1:11 1-1.55 WORKING DRAWINGS .............................................................................. GC-1:11 SECTION 2: CONTROL AND SCOPE OF THE WORK .................................................. GC-2:1 2-1.01 AUTHORITY OF DIRECTOR ........................................................................ GC-2:1 2-1.02 INTENT OF CONTRACT DOCUMENTS ..................................................... GC-2:1 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT ....
DOCUMENTS ................................ ................................................................. GC-2:2 2-1.04 CONTRACT DRAWINGS .............................................................................. GC-2:3 2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ................................ ................................................................. GC-2:3
City of Roseville California RFP#08-109 GC – iv
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.06 INDEPENDENT CONTRACTOR STATUS .................................................. GC-2:5 2-1.07 ORDER OF WORK ......................................................................................... GC-2:5 2-1.08 SUBMITTALS ................................................................................................. GC-2:5 2-1.08A SHOP DRAWINGS ................................................................................... GC-2:6 2-1.08B DESCRIPTIVE DATA ............................................................................... GC-2:7 2-1.08C SAMPLES .................................................................................................. GC-2:7 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT ..................................... GC-2:7 2-1.08E ALTERNATIVES ..................................................................................... GC-2:10 2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE......................... GC-2:12 2-1.10 ACCESS TO THE WORK ............................................................................. GC-2:12 2-1.11 TEMPORARY UTILITIES ........................................................................... GC-2:12 2-1.12 UTILITY FACILITIES .................................................................................. GC-2:13 2-1.13 PRESERVATION AND CLEANING ........................................................... GC-2:14 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES .................................... GC-2:14 2-1.15 DUST CONTROL .......................................................................................... GC-2:15 2-1.16 SANITATION................................................................................................ GC-2:15 2-1.17 NIGHT WORK AND NORMAL WORKING HOURS ................................ GC-2:15 2-1.18 LINES AND GRADES .................................................................................. GC-2:16 2-1.19 ARCHEOLOGICAL DISCOVERIES ........................................................... GC-2:17 2-1.20 PRESERVATION OF MONUMENTS ......................................................... GC-2:17 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS .................................. GC-2:18 2-1.22 FINAL CLEANUP ......................................................................................... GC-2:18 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS ............................................ GC-2:18
City of Roseville California RFP#08-109 GC – v
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 2-1.24 SUPERINTENDENCE .................................................................................. GC-2:19 2-1.25 CHARACTER OF WORKER ....................................................................... GC-2:20 2-1.26 INSPECTION ................................................................................................ GC-2:20 2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK ................... GC-2:21 SECTION 3: CHANGES IN THE WORK .......................................................................... GC-3:1 3-1.01 CHANGES ....................................................................................................... GC-3:1 3-1.02 PROPOSED CHANGE ORDERS ................................................................... GC-3:2 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE ORDERS ......... GC-3:3 3-1.04 EXECUTED CHANGE ORDER ..................................................................... GC-3:3 3-1.05 CONTRACT PRICE ADJUSTMENT ............................................................. GC-3:3 3-1.06 FORCE ACCOUNT PAYMENT ..................................................................... GC-3:5 3-1.06A LABOR ...................................................................................................... GC-3:6 3-1.06B MATERIALS .............................................................................................. GC-3:6 3-1.06C EQUIPMENT. ........................................................................................... GC-3:7 3-1.06D MARKUPS ................................................................................................ GC-3:8 3-1.06E RECORDS ................................................................................................. GC-3:9 3-1.07 COST REDUCTION PROPOSALS .............................................................. GC-3:11 SECTION 4: CONTROL OF MATERIALS ........................................................................ GC-4:1 4-1.01 MATERIALS ................................................................................................... GC-4:1 4-1.02 PRODUCT AND REFERENCE STANDARDS ............................................. GC-4:2 4-1.03 SAMPLING AND TESTING OF MATERIALS ............................................. GC-4:2 4-1.04 CERTIFICATES OF COMPLIANCE ............................................................. GC-4:7
City of Roseville California RFP#08-109 GC – vi
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 5: LEGAL RELATIONS AND RESPONSIBILITY.......................................... GC-5:1 5-1.01 LAWS TO BE OBSERVED ............................................................................ GC-5:1 5-1.02 HOURS OF LABOR ........................................................................................ GC-5:1 5-1.03 NONDISCRIMINATION ................................................................................ GC-5:2 5-1.04 PREVAILING WAGE ..................................................................................... GC-5:3 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID .................... GC-5:6 5-1.06 PAYROLL RECORDS .................................................................................... GC-5:7 5-1.07 SAFETY REQUIREMENTS ......................................................................... GC-5:10 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION ................................... GC-5:15 5-1.09 PUBLIC SAFETY .......................................................................................... GC-5:15 5-1.10 EMERGENCIES ............................................................................................ GC-5:17 5-1.11 APPRENTICES ............................................................................................. GC-5:18 5-1.12 FAIR LABOR STANDARDS ACT ............................................................... GC-5:18 5-1.13 WORKERS' COMPENSATION ................................................................... GC-5:19 5-1.14 AIR POLLUTION CONTROL AND ASBESTOS ........................................ GC-5:19 5-1.15 USE OF PESTICIDES ................................................................................... GC-5:20 5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS ................................ GC-5:20 5-1.17 WEIGHT LIMITATIONS ............................................................................. GC-5:21 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS ......................................................................................... GC-5:21 5-1.19 PERMITS AND LICENSES .......................................................................... GC-5:21 5-1.20 WATER POLLUTION .................................................................................. GC-5:22
City of Roseville California RFP#08-109 GC – vii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.21 PROTECTION AND USE OF PROPERTY .................................................. GC-5:23 5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION ............... GC-5:24 5-1.23 INSURANCE COVERAGE .......................................................................... GC-5:26 5-1.24 OTHER INSURANCE PROVISIONS .......................................................... GC-5:31 5-1.25 THIRD PARTY BENEFICIARY .................................................................. GC-5:33 5-1.26 COORDINATION AND ACCESS ................................................................ GC-5:33 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO ACCEPTANCE ........ GC-5:34 5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT ................................................................................................. GC-5:35 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK ........................... GC-5:36 5-1.30 RESPONSIBILITY FOR UTILITIES ........................................................... GC-5:37 5-1.31 PROPERTY RIGHTS IN MATERIALS ....................................................... GC-5:39 5-1.32 COURT ORDERED DELAY ........................................................................ GC-5:39 5-1.33 NO PERSONAL LIABILITY ........................................................................ GC-5:39 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS ............................................... GC-5:40 5-1.35 ANTITRUST CLAIMS .................................................................................. GC-5:40 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS ...................... GC-5:40 5-1.37 PAYMENT OF TAXES ................................................................................. GC-5:41 5-1.38 GRATUITIES AND CONFLICT OF INTEREST ......................................... GC-5:42 5-1.39 COOPERATION............................................................................................ GC-5:43 5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS ............................... GC-5:43 5-1.41 CONTRACTOR REGISTRATION ............................................................... GC-5:44 5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
City of Roseville California RFP#08-109 GC – viii
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] RIGHTS-OF-WAY ........................................................................................ GC-5:45 SECTION 6: PROSECUTION AND PROGRESS ............................................................ GC-6:45 6-1.01 SUBLETTING AND SUBCONTRACTING ................................................ GC-6:45 6-1.02 ASSIGNMENT ................................................................................................ GC-6:3 6-1.03 BEGINNING OF WORK ................................................................................. GC-6:3 6-1.04 PROGRESS SCHEDULE. ............................................................................... GC-6:4 6-1.05 SCHEDULE OF VALUES ............................................................................ GC-6:10 6-1.06 CITY’S RIGHT TO STOP WORK ................................................................ GC-6:10 6-1.07 TIME OF COMPLETION ............................................................................. GC-6:12 6-1.08 LIQUIDATED DAMAGES ........................................................................... GC-6:13 6-1.09 DELAYS AND EXTENSIONS TO THE WORK ......................................... GC-6:14 6-1.10 TERMINATION ............................................................................................ GC-6:19 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY.. ....... GC-6:19 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE ............................... GC-6:22 SECTION 7: ACCEPTANCE AND PAYMENT ................................................................ GC-7:1 7-1.01 ACCEPTANCE................................................................................................ GC-7:1 7-1.02 SCOPE OF PAYMENT ................................................................................... GC-7:2 7-1.03 NOTICE OF POTENTIAL CLAIM ................................................................ GC-7:2 7-1.04 CLAIMS .......................................................................................................... GC-7:5 7-1.05 DISPUTE RESOLUTION PROCEDURE ....................................................... GC-7:6 7-1.06 STOP PAYMENT NOTICES ......................................................................... GC-7:7 7-1.07 PROGRESS PAYMENTS ............................................................................... GC-7:7 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND .................. GC-7:9
City of Roseville California RFP#08-109 GC – ix
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 7-1.09 RETENTION ON PROGRESS PAYMENTS ............................................... GC-7:11 7-1.10 FINAL PAYMENT ....................................................................................... GC-7:12 7-1.11 CLERICAL ERRORS .................................................................................... GC-7:14 7-1.12 WARRANTY ................................................................................................. GC-7:14 7-1.13 WARRANTY OF TITLE .............................................................................. GC-7:16
City of Roseville California RFP#08-109 GC – 1:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1
DEFINITIONS AND TERMS
1-1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1-1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1-1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, As- Built Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1-1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance
City of Roseville California RFP#08-109 GC – 1:2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] with certain contractual requirements.
1-1.06 BENEFICIAL OCCUPANCY. The taking possession of a portion of the Work by the City for its use and/or occupancy on other than a temporary or emergency basis. 1-1.07 BID GUARANTY. The cashier’s, certified check, irrevocable standby letter of credit, deposit of securities, or Bidder’s Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the City for the performance of the Work, if the Agreement is awarded to Bidder, and the Bidder will submit the required Contract Bonds and Certificate of Insurance. Also referred to as the Bidder’s Security. 1-1.08 BIDDER. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, submitting a Proposal for the Work, acting directly, or through a duly authorized representative. 1-1.09 BIDDING DOCUMENTS. Includes the Notice to Bidders, Bidding Requirements, Contract Conditions, Drawings, and Addenda. 1-1.10 CHANGE ORDER. Any written order to the Contractor directing an addition, deletion, or modification of the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the Agreement has been signed.
1-1.11 CITY. The City of Roseville.
1-1.12 CITY ATTORNEY. The City Attorney of the City.
1-1.13 CITY CLERK. The City Clerk of the City.
1-1.14 CLAIM. A separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief for damages or penalties for delay assessed by
City of Roseville California RFP#08-109 GC – 1:3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract Documents and payment for which is not otherwise expressly provided or to which Contractor is not otherwise entitled; and (c) payment of an amount that is disputed by the City.
1-1.15 CONSTRUCTION SCHEDULE. A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of significant activities, critical path, float and milestones must be indicated in the Construction Schedule. 1-1.16 CONTRACT OR AGREEMENT. The written agreement relating to the Work to be performed, the labor, materials, and equipment to be furnished, and the payment to be made therefor. The Agreement/Contract is part of and incorporates all of the Contract Documents.
1-1.17 CONTRACT CONDITIONS. Includes the General Conditions, Supplemental Conditions, and Specifications.
1-1.18 CONTRACT DOCUMENTS. Includes those documents that form the basis of the Contract, including but not limited to, Bidding Documents, the Bid or Proposal, Contract Bonds, the Contract, all required insurance certificates or endorsements, all bonds, all required certifications or statements, Change Orders, any Contract Amendment, any City Standard which is incorporated by reference and these City of Roseville General Conditions for Buildings and Grounds.
1-1.19 CONTRACT DRAWINGS. The official drawings including plans, elevations, sections, detail drawings, diagrams, plated, General Notes, information and schedules thereon, or exact reproductions thereof, showing the location, character, dimension, and details
City of Roseville California RFP#08-109 GC – 1:4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of the Work. The Contract Drawings include any drawings or plates bound within the Supplemental Conditions.
1-1.20 CONTRACT PRICE. The total compensation to be paid to the Contractor in accordance with the terms of the Agreement. 1-1.21 CONTRACT TIME. The number of Days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
1-1.22 CONTRACTOR. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, who has entered into the Agreement with City.
1-1.23 DAY OR DAYS. Unless otherwise designated, Day or Days as used in the Contract Documents will be understood to mean calendar Day or Days. 1-1.24 DEPARTMENT. The Department for Contract Administration, as identified in the Supplemental Conditions.
1-1.25 DIRECT COSTS. Those cost items (including labor, materials, equipment and any subcontractor’s work) that are used in the actual performance of, and are specifically and uniquely attributable to the Work or changed Work. Direct Costs do not include Overhead. Direct Costs only include the following:
A. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include salaries and
City of Roseville California RFP#08-109 GC – 1:5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above only to the extent authorized by City in writing.
B. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and suppliers' field services required in connection therewith. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.
C. Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
D. Costs of special consultants (including engineers, architects, testing laboratories, surveyors, and accountants) employed for services specifically, and only, related to the Work.
E. Supplemental costs including the following:
1. The proportion of necessary transportation, travel and subsistence
City of Roseville California RFP#08-109 GC – 1:6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] expenses of Contractor's employees incurred in discharge of duties connected with the Work.
2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value of such items used but not consumed which remain the property of Contractor.
3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by laws and regulations.
5. The cost of utilities (including the meter and all associated installation costs), fuel and sanitary facilities at the site.
6. Cost of premiums for additional bonds and insurance required because of changes in the Work.
1-1-26 DIRECTOR. Director of the Department for Contract Administration or his or her designee.
1-1.27 EMERGENCY. Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, civil disorder, or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the performance of the Work; and/or to cause catastrophic failure of City
City of Roseville California RFP#08-109 GC – 1:7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] equipment and/or facilities.
1-1.28 ENGINEER OR ARCHITECT. Professional Engineer or Architect designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design Change requests and Shop Drawings, resolution of errors and omissions, and finalization of Record Documents.
1-1.29 FINAL COMPLETION. When the project has been completed according to the terms and conditions set forth in the Contract Documents. Final Completion is not the same as Acceptance.
1-1.30 FORCE ACCOUNT. Payment by force account shall mean payment on the basis of the Contractor’s time and materials.
1-1.31 GENERAL NOTES. The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings and so identified thereon, which pertain to the performance of the Work.
1-1.32 INSTALLATION, INSTALL. Completely assembling, erecting, and/or connecting materials, parts, components, supplies, and related equipment specified or required for the completion of the Work.
1-1.33 LABORATORY. Established professional laboratories authorized by the City to test materials and Work involved in the Contract. 1-1.34 LEGAL HOLIDAYS. Those days designated as Federal holidays or declared by the City, or otherwise specified in the Contract Documents. 1-1.35 LIQUIDATED DAMAGES. The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the
City of Roseville California RFP#08-109 GC – 1:8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Supplemental Conditions. 1-1.36 NOTICE OF COMPLETION. A legal notice filed by the City with the Placer County Recorder’s Office stating that construction has been completed and accepted by the City.
1-1.37 NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. 1-1.38 NOTICE OF TERMINATION. Written notice from the City to the Contractor and/or its Surety terminating the Agreement, or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.
1-1.39 OVERHEAD. Business or administrative expenses (including but not limited to office expenses, administrative staff, rent, insurance, utilities) not chargeable to a particular part of the Work. The term “Overhead” shall include all of the following:
A. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Work Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee.
B. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
City of Roseville California RFP#08-109 GC – 1:9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] C. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.
D. Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except as provided in section 1-1.25.
E. Other overhead or general expense costs of any kind. 1-1.40 PREMISES. Shall mean the area within construction easements, easements, rights of entry and City owned property which surrounds the Work Site, limited by the property lines thereof. In some cases Premises may coincide with the Work Site. 1-1.41 PROFESSIONAL ENGINEER. An engineer licensed by the Board of Registration for Professional Engineers, State of California. 1-1.42 PROJECT MANUAL. A book containing all Contract Documents. 1-1.43 PROPOSAL FORMS. The approved forms upon which the City requires that each Bidder submit its bid with regard to the Agreement. 1-1.44 REQUEST FOR INFORMATION (RFI). A document issued by the Contractor requesting information concerning the Contract Documents. 1-1.45 SAFETY. Includes the practice of identifying potential hazards, assessing their risk, taking corrective action where possible, including and providing control measures such as engineering design, written procedures, and the personal protective equipment for workers in order to eliminate or reduce the risk for exposure in the workplace. 1-1.46 SCHEDULE OF VALUES. The breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum bid item
City of Roseville California RFP#08-109 GC – 1:10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum.
1-1.47 SHOP DRAWINGS. Drawings, plans, diagrams, schedules, and other data specifically prepared and submitted to the City by the Contractor, showing in detail: (a) the proposed fabrication and assembly of a special component of the Work; and (b) the Installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data.
1-1.48 SPECIFICATIONS. The technical Specifications for the Work prepared by the Director or an Engineer or Architect describing in detail the nature of the Work, its components, any performance standards, and how the Work is to be constructed. 1-1.49 SUBCONTRACTOR. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
1-1.50 SUBMITTALS. Those documents required to be submitted by the Contractor for review by the City in accordance with the Contract Documents. 1-1.51 SUPPLEMENTAL CONDITIONS. The Supplemental Conditions are specific clauses modifying or supplementing these General Conditions. 1-1.52 SUPPLIER. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off
City of Roseville California RFP#08-109 GC – 1:11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Work Site.
1-1.53 WORK. The furnishing of all labor, and the furnishing and Installing of all materials, articles, supplies and equipment as specified, designated, or required by the Contract Documents.
1-1.54 WORK SITE. All or portion of the Premises that the Work is limited to as shown on the Contract Drawings or designated by the Director. Public streets are not included unless Work is being done within the street right-of-way. 1-1.55 WORKING DRAWINGS. Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, staging plans, and diversion plans. A Working Drawing is one type of a Shop Drawing.
City of Roseville California RFP#08-109 GC – 2:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2
CONTROL AND SCOPE OF THE WORK
2-1.01 AUTHORITY OF DIRECTOR. The Contract shall be performed in a manner satisfactory to the Director who shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Director shall have authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out the same.
2-1.02 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe the details for the construction and completion of the Work. Where the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice shall be followed and that only materials and workmanship of the best quality are to be used. Any Work, materials, or equipment that are customarily provided, or that are reasonably inferable from the Contract Documents as being required to produce the intended result, shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the Work involved in executing the Contract in a
City of Roseville California RFP#08-109 GC – 2:2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory and workmanlike manner.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Contractors, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or City’s designated representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions, sections and articles for convenience, organization and reference. Generally, there has been no attempt to divide the Specifications sections into work performed by the various building trades, work by separate Subcontractors, or work required for separate facilities in the project. 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee
City of Roseville California RFP#08-109 GC – 2:3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of the City, or with the City’s designated representative either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
2-1.04 CONTRACT DRAWINGS. The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete Work.
In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve conflicts:
1. Change Orders
2. The Contract (including Addenda)
3. The Supplemental Conditions
4. Specifications
5. Contract Drawings
6. The General Conditions
Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a
City of Roseville California RFP#08-109 GC – 2:4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Request for Information (“RFI”) to the Director for such further explanations as may be necessary and shall conform to the written explanation given as if part of the Contract Documents. The decisions of the Director shall be final.
Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) Days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) Day period.
Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any Claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for by the City.
The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Price or the Contract Time.
If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall provide a Notice of Potential Claim as provided in Section 7-1.03, below.
Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable change based on the RFI response.
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the City of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-
City of Roseville California RFP#08-109 GC – 2:5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such non- conformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.
The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.
City of Roseville California RFP#08-109 GC – 2:6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.
The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.
Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample cross- references to the Contract Documents, to facilitate identification of items and their location in the Work.
All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.
These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic
City of Roseville California RFP#08-109 GC – 2:7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] copy will be returned to the Contractor either approved for use, as demonstrated by a stamp, or returned for correction and resubmittal. Materials, colors and/or samples will not be returned to the Contractor. Shop Drawings include any drawing, which requires execution by a draftsman as distinguished from printed matter. The size of Shop Drawings shall not exceed twenty-four inches (24”) by thirty-six inches (36”).
2-1.08B DESCRIPTIVE DATA. The Contractor shall submit an electronic copy (searchable PDF) of each set of manufacturer's brochures or other data required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. The City will examine such Submittals and return either an electronic copy or a hard copy approved for use or returned for correction and resubmittal. 2-1.08C SAMPLES. The Contractor shall submit samples of articles, materials or equipment as required by the Supplemental Conditions or Specifications. The Work shall be in accordance with the approved samples. Samples shall be removed from City property when directed or may be incorporated in the Work if approved by the Director. Samples not removed by the Contractor will become the property of the City or, at the City's option, will be removed or disposed of by the City at the Contractor's expense. 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT.
A. Manuals and Instructions. Where operation and maintenance manuals are required by the Supplemental Conditions, the Contractor shall submit two (2) sets of manuals, suitably bound, along with two (2) electronic copies in an approved format, to the Director within forty-five (45) Days after favorable review of the equipment or facilities. If operation and maintenance manuals are approved to be provided in PDF format, text shall be provided in searchable PDF format, making proper use of PDF for headings and heading levels,
City of Roseville California RFP#08-109 GC – 2:8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] paragraphs, tables, and lists. Submitted operation and maintenance manuals shall be a collected, organized, and indexed set of bookmarked PDF documents comprising each operation and maintenance manual that corresponds to a hardcopy binder. All manuals shall be marked to indicate the specific equipment furnished for this project and shall include at a minimum:
1. Equipment summary form
2. Cover/Title page
3. Table of contents
4. Operating procedures including start-up, shutdown, normal operation, all operating modes, emergency shutdown, and safety precautions
5. Lubrication instructions (if required)
6. Preventative maintenance procedures
7. Troubleshooting and corrective maintenance procedures
8. Reinstallation instructions
9. Overhaul instructions (if applicable)
10. Parts identification list with exploded view and associated cross references
11. Recommended spare parts list
12. Operator safety requirements
13. Electrical and control system wiring drawings, including panel wiring control (ladder) diagrams, logic diagrams, loop diagrams, and interconnection diagrams
14. Panel layout and assembly drawings
City of Roseville California RFP#08-109 GC – 2:9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
15. Mechanical drawings
16. Printouts of all software programs and configuration files
17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:
18. Alternate specified operating modes
19. Emergency shutdown instructions
20. Normal shutdown instructions
21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.
B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.
Equipment shall not be considered ready for full time operation until after the authorized factory- trained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.
Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
City of Roseville California RFP#08-109 GC – 2:10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] No amplification, dilution, or modification of this specific wording will be permitted. 2-1.08E ALTERNATIVES. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, an alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements:
A. The Contractor shall submit its proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the Work. The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.
B. No such proposal will be considered unless accompanied by complete information and descriptive data, necessary to determine the equality of the offered materials. The Contractor shall satisfy the Director as to the comparative quality, suitability, or performance of the offered material, articles, or equipment. In the event that the Director rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished.
C. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Director. The Director shall be the sole judge as to the quality and suitability of alternative articles or materials and such decisions shall be final. Where use of an alternative material
City of Roseville California RFP#08-109 GC – 2:11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] involves redesign of, or changes to, other parts of the Work, the cost and time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.
D. Whenever classification, rating or other certification by a body such as Underwriters Laboratories (UL) or the National Electrical Manufacturers Association (NEMA) is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing Laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.
E. At its election, the City reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 3-1.07 of these General Conditions in the event that there is a significant savings resulting from the substitution.
The Director will examine, with reasonable promptness, such Submittals, and return of Submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the Contract Documents, nor shall it relieve the Contractor from responsibility for errors in the Submittals. A failure by the Contractor to identify in its letter of transmittal material deviations from the Contract Documents shall void the Submittal and any action taken thereon by the Director. When specifically requested by the Director, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.
If any mechanical, electrical, structural, or other changes are required for the proper Installation and fit of alternative materials, articles, or equipment, or because of deviations from
City of Roseville California RFP#08-109 GC – 2:12
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Contract, such changes shall not be made without the approval of the Director and shall be made without additional cost to the City.
2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the Work Site.
Except when material is to be disposed of at a landfill or recycling center, when any material is to be disposed of outside the Work Site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon the Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, the Contractor shall submit such permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.
Disposal of Hazardous Materials must be done in accordance with all laws and regulations. Copies of all required regulatory documentation including copies of final manifests shall be supplied to the City.
2-1.10 ACCESS TO THE WORK. The Contractor shall satisfy itself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to the type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
2-1.11 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any temporary services it may require in performance of
City of Roseville California RFP#08-109 GC – 2:13
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the Work and shall pay all costs of these services directly to these utility organizations. 2-1.12 UTILITY FACILITIES. The Contractor shall protect from damage those utility facilities that are to remain in place, be Installed, relocated or otherwise arranged.
The Contractor’s attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters, and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, the cost of such excavations and explorations will be considered as a part of the cost of other items of Work and no additional payment will be made. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time.
If the Contractor discovers underground facilities not indicated or inferred from the Contract Documents, the Contractor shall immediately give the Director written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract Documents. The underground facilities shall be protected from damage as directed by the Director and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the Director, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor’s failure to exercise reasonable care shall be repaired at the Contractor’s cost and expense.
City of Roseville California RFP#08-109 GC – 2:14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Where it is determined by the City that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the City will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under a Change Order.
The Contractor shall be responsible for the maintenance of all utility facilities placed by the Contractor in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period.
The cost of such maintenance shall be borne by the Contractor, and no other compensation shall be due the Contractor for this Work.
The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work. 2-1.13 PRESERVATION AND CLEANING. The Contractor shall clean up the Work at frequent intervals and at other times when directed by the Director. While finish Work is being accomplished, floors, Work areas and finished areas shall be kept clean, free of dust, construction debris and trash. Upon completion of the Work, the Contractor shall remove from the Premises its construction equipment and any waste materials not previously disposed of, leaving the Premises thoroughly clean and ready for final inspection. 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES. The Contractor shall limit its construction operations to the Work Site unless otherwise shown on the Contract Drawings or specified. The Contractor shall perform no operation of any nature over or on the
City of Roseville California RFP#08-109 GC – 2:15
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Premises except such operations as are authorized by the Contract Documents or as authorized by the Director.
2-1.15 DUST CONTROL. During the performance of all Work under this Contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The Contractor shall comply with all applicable Air Quality Act requirements.
2-1.16 SANITATION. The Contractor shall provide sanitary facilities for all persons working on the Work.
2-1.17 NIGHT WORK AND NORMAL WORKING HOURS. Normal
working hours at the construction site shall be between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday. Legal holidays are excluded. Certain utility connections and street operations are anticipated to require night Work by the Contractor during low usage periods.
The Contractor may also be required to prosecute the Work at night if, at any time, the Director shall deem it necessary for the progress of the Work, or if emergencies arise. The Contractor shall promptly comply with any such requirements made in writing by the Director. The Contractor will also be permitted to Work at night if Contractor satisfies the Director of the need therefor, in order to maintain the required progress or protect the Work from the elements.
Certain activities are required to be performed at night for nominal progress of the Work and/or are specified to be performed at night by other portions of the Supplemental Conditions. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and
City of Roseville California RFP#08-109 GC – 2:16
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory lighting and other facilities therefor. The Contractor shall receive no extra payment for night Work, if specified or if required to be performed during the normal progress of the Work, but compensation shall be considered as having been included in the price stipulated for the Work.
If Contractor performs work during weekends, holidays or any non-normal work hours, Contractor shall pay for required City Inspectors.
2-1.18 LINES AND GRADES. Unless otherwise provided in the Supplemental Conditions, the Contractor shall lay out all Work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Director's decision will be final.
As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all Work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Contract Drawings and as required for the proper operation and function. The Contractor shall stake its Work area limits. Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of Work for the City’s review and maintain monuments, stakes, and marks, and shall update the plan as necessary. Director, or Director’s designated representative, may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the Director within twenty-four (24) hours and prior to constructive forms or related improvements. Any work Installed with this requirement shall be subject to removal and replacement at the Contractor’s expense.
City of Roseville California RFP#08-109 GC – 2:17
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor's lay-out shall be based on existing structures, property lines, survey control, and bench marks established by the City. All structures and pipeline connections shall be Installed based on actual elevation of existing structures to which connections are made.
The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Director in checking location and grades of the Work as set by the Contractor if the Director desires to perform this checking. This shall include moving materials and equipment located between monuments and the construction Work.
2-1.19 ARCHEOLOGICAL DISCOVERIES. Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within fifty feet (50’) of the find shall cease until such time as the City provides the services of a qualified archeologist to evaluate the finds and recommend appropriate action.
Prehistoric materials can include flaked stone tools (e.g., projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials, culturally darkened soil (i.e., midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials), and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse.
2-1.20 PRESERVATION OF MONUMENTS. Any monuments or bench marks disturbed by construction operations shall be repaired per the City’s standard and promptly re-established by a registered land surveyor or civil engineer. A plat for each monument shall be furnished to the Director after the plat has been recorded with the Placer
City of Roseville California RFP#08-109 GC – 2:18
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] County Recorder's Office at no additional cost to the City. The recorded plat shall serve as a record of the re-establishment of said existing survey points. 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS. Work and
materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the City shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, the City may elect to accept deviations from the Contract Documents with appropriate backcharge Assessments against the Contractor, and, if such an election is made, the City will provide written notice to the Contractor of such acceptance. 2-1.22 FINAL CLEANUP. Prior to final Acceptance of the Work, the Contractor shall thoroughly clean the Premises, remove all temporary structures built by or for the Contractor, and remove all equipment and surplus construction material and debris from the area. The entire project, before Acceptance by the City, shall be left in a neat and clean condition. All Work areas and temporary construction areas shall be returned to essentially the same conditions existing before the commencing of project construction. 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS. The Contractor shall maintain one set of the full size prints furnished by the City and mark thereon in color any deviations from plan dimensions, elevations, or orientations. Also, the Contractor shall locate on said prints, all underground facilities, such as piping, conduits and tanks by accurate field measurement from structure walls, corners, etc. The Contractor shall submit the prints and an electronic CD (searchable PDF or source file format such as AutoCAD) in good condition to the Director upon completion of the job as a condition of Acceptance of the project. Marked prints
City of Roseville California RFP#08-109 GC – 2:19
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall be updated at least once each week and shall be available to the Director for review as to currency prior to developing partial payment estimates. After the completion of testing, but prior to Acceptance, the Contractor shall submit As-Built electrical drawings in color and an electronic CD showing all components and their wiring, and as specified in the Supplemental Conditions. 2-1.24 SUPERINTENDENCE. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.
The Contractor shall designate in writing before starting Work, an authorized representative who shall have the authority to represent and act for the Contractor.
When the Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting Work, the name of one authorized representative who shall have the authority to represent and act for the Contractor. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the Project. Contractor shall immediately comply with the City’s request for dismissal, at no cost to the City, and shall designate a replacement, which shall be subject to approval by the City.
Said authorized representative shall be present at the site of the Work at all times while Work is actually in progress on the Contract. When Work is not in progress and during periods
City of Roseville California RFP#08-109 GC – 2:20
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] when Work is suspended, arrangements acceptable to the Director shall be made for any Emergency Work that may be required.
Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the superintendent or foremen who may have charge of the particular Work in reference to which the orders are given.
Any order given by the Director, not otherwise required by the Supplemental Conditions to be in writing, will on request of the Contractor, be given or confirmed by the Director in writing.
2-1.25 CHARACTER OF WORKER. If any Subcontractor or person employed by the Contractor shall appear to the Director to be incompetent or to act in a disorderly or improper manner, he or she shall be removed immediately on the requisition of the Director, and such person shall not again be employed on the Work. 2-1.26 INSPECTION. The Contractor shall at all times permit the Director to inspect the Work or any part thereof. The Contractor shall maintain proper facilities and provide safe access for such inspection by the Director to all parts of the Work, and to the shops where the Work is in preparation. Work shall not be covered up until authorized by the Director and the Contractor shall be solely responsible for notifying the Director where and when such Work is in readiness for inspection and testing. Should any such Work be covered without authorization, it shall, if so ordered, be uncovered at the Contractor's expense.
Unless otherwise designated as normal working hours, whenever the Contractor intends to perform Work on Saturday, Sunday, or a Legal Holiday, the Contractor shall give notice to the Director of such intention forty-eight (48) hours prior to performing such Work, or such longer
City of Roseville California RFP#08-109 GC – 2:21
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] period as may be specified so that the Director may make necessary arrangements.
The observation and/or approval of the workmanship or materials by the City shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents.
Workmanship and materials not meeting such requirements shall be corrected and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or payment therefor has been included in a progress estimate.
The City may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor’s expense. Work that has been covered prior to observation by the City does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK. All Work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Director and no compensation will be allowed the Contractor for such removal, replacement, or remedial Work.
Any Work done beyond the lines shown on the Contract Drawings or established by the Director, or any Work done without written authority will be considered as unauthorized Work and will not be paid for. Upon order of the Director, unauthorized Work shall be remedied, removed, or replaced at the Contractor's expense.
City of Roseville California RFP#08-109 GC – 2:22
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Upon failure of the Contractor to comply promptly with any order of the Director made under this section, the Director may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof will be deducted from any moneys due or to become due the Contractor.
City of Roseville California RFP#08-109 GC – 3:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 3
CHANGES IN THE WORK
3-1.01 CHANGES. The Director, without invalidating this Agreement and without notice to Contractor’s surety, may order changes in the Work, consisting of additions or deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the Director.
If Contractor claims that performance of any work entitles it to additional compensation or to an extension of time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) Days of discovering such impact, by submitting a Notice of Potential Claim described in Section 7-1.03 below, or notice of delay as described in Section 6-1.09 below. If the Director refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific Claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed, as described in Section 7-1.03 below. Failure to provide written notice of claims prior to undertaking such work, failure to provide a timely Notice of Potential Claim, or failure to submit timely a complete and specific Claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such Claim. No Claim, dispute or controversy shall interfere with the progress or performance of the Work and the Contractor shall proceed with the Work as directed by the Director. Failure to so proceed shall amount to a
City of Roseville California RFP#08-109 GC – 3:2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] default under this Agreement.
3-1.02 PROPOSED CHANGE ORDERS. The Contractor will be notified in writing of a proposed Change Order describing the intended change. Within fifteen (15) Days after receipt of a written request, the Contractor shall submit its proposed price to be added or deducted from the Contract Price due to the change and its estimate of the extent of the adjustment in the Contract Time, if any. The Contractor's proposed price to be added to or deducted from the Contract Price shall be supported by a detailed estimate of cost prepared by the Contractor, vendor or Supplier. The Contractor's proposed price submittal shall be accompanied by a statement of the time necessary for the changed Work, together with a description of how this time will be incorporated into the current Construction Schedule. The Contractor shall upon request by the Director permit inspection of its original Contract estimate, subcontract agreements or purchase orders relating to the change.
If agreement is reached on the adjustment in compensation as provided in Section 3-1.05, “Contract Price Adjustment,” of these General Conditions, the Contractor shall proceed with the Work as changed at the agreed price.
If the Contractor and the Director fail to agree as to the adjustment in compensation for the performance of the changed Work, the Contractor, upon written order from the Director, shall proceed immediately with the changed Work and the Contract Price shall be adjusted in accordance with Section 3-1.06, “Force Account Payment,” of these General Conditions.
If the Contractor fails to submit its cost estimate within such fifteen (15) Day period, the Contractor shall commence the Work as changed immediately upon receipt of written order of the Director, and the Contract Price will be adjusted in accordance with the Director's cost estimate for the changed Work.
City of Roseville California RFP#08-109 GC – 3:3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE
ORDERS. Changes in the Work made necessary by an Emergency, as determined by the Director, or changes of a kind where the extent of the Work cannot be determined until completed, may be authorized by the Director in writing. The Change Order shall state that it is issued pursuant to this Section 3-1.03. Upon receipt of an authorized Change Order or other written order of the Director, the Contractor shall proceed with the ordered Work and the Director will maintain a daily job record containing a detailed summary of all labor, materials and equipment required for the changed Work.
Within fifteen (15) Days after receiving a written request, the Contractor shall submit a detailed estimate of cost for the change and any requested change in Contract Time in the same manner as required for proposed Change Orders in Section 3-1.02 of these General Conditions. 3-1.04 EXECUTED CHANGE ORDER. A Contract Change Order signed by both the Director and the Contractor is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended Overhead, delay or any other “impact” claim or “ripple effect” claim.
The Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for the Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. 3-1.05 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and in its sole discretion:
City of Roseville California RFP#08-109 GC – 3:4
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC – 3:5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account mark- ups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.
Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a
City of Roseville California RFP#08-109 GC – 3:6
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC – 3:7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] handling of such materials. If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided herein, whichever is lower. If, in the opinion of the Director, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to it from the actual supplier within sixty (60) Days after the date of delivery of the materials or within fifteen (15) Days after Acceptance of the Agreement, whichever occurs first, the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required, less any discounts provided herein. The Department reserves the right to furnish such materials required by the Change Order as it deems advisable, and the Contractor shall have no claim for cost or markups on material furnished by the Department. 3-1.06C EQUIPMENT. The Contractor will be paid an amount based on the actual cost for the use of equipment directly required and approved by the Director in the performance of the changed Work. No payment will be made for time while equipment is inoperative due to breakdowns or on Days when no Work is performed. In addition, the rental time shall include the time required to move the equipment to the Work from the nearest available source of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid. Moving time, loading and transportation costs will only be paid if the equipment is used exclusively on the changed Work during the time between move in and move out. Individual pieces of equipment having a replacement value of One Thousand Dollars ($1000) or less shall be considered to be tools or small equipment, and no payment will be made therefore. For equipment owned,
City of Roseville California RFP#08-109 GC – 3:8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] furnished, or rented by the Contractor, no cost therefore shall be recognized in excess of the equipment rental rates published by Caltrans at the following website address:
http://www.dot.ca.gov/hq/construc/equipmnt.html. Equipment located at a Work Site and utilized on non-Force Account work shall not eligible for standby payment, and shall be charged on a Force Account basis only when solely performing pre-approved Force Account work tasks. 3-1.06D MARKUPS. When a Change Order increases the cost of the Work, the Contractor may add the following maximum markups to its actual costs of labor, materials, or equipment rental:
15 percent for labor;
10 percent for materials; and
5 percent for equipment rental.
The above markups include full compensation, covering the costs of all supervision, bonds, profit, Overhead, and other general expenses not specifically designated as a direct cost in Sections 3-1.06A through 3-1.06C above. The total payment (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. The Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended Overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.
When work paid for on a Force Account basis is performed by forces other than the Contractor’s own forces, the maximum allowable mark-ups for the Subcontractors’ costs shall be fifteen percent (15%) for the cost of labor, ten percent (10%) for the cost of materials, and five percent (5%) for the cost of rented equipment. In these situations where the work is being performed by Subcontractors, the Contractor will only be entitled to an additional five percent
City of Roseville California RFP#08-109 GC – 3:9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (5%) mark-up and will not be entitled to receive the additional mark-ups specified in this section.
When a Change Order decreases the cost of the Work, the reduction in cost shall include a five percent (5%) markup on the estimated cost for furnishing the labor, materials and equipment, which would have been used on such Work, had the Change Order not been issued.
When a Change Order involves both added Work and deleted Work, the markup or markups to be used shall be as follows:
The actual costs of labor, materials, and equipment rental for added and deleted Work shall be calculated separately without adding markups. If the difference between the calculated costs for labor results in an increased cost, a markup of fifteen percent (15%) shall be applied to the increased cost. If the difference between the calculated costs of materials or equipment rental results in an increased cost, a markup of ten percent (10%) and five percent (5%) respectively, shall be applied to the increased costs of materials or equipment rental, as the case may be. If the difference between the calculated costs for labor, materials or equipment rental results in a decreased cost, a markup of five percent (5%) shall be applied to the decreased costs of labor, materials or equipment rental, as the case may be.
Contractor shall not add mark-ups on work performed and billed by City staff nor add mark-ups to successive iterations of proposed Change Order cost proposals returned to Contractor by the City due to incomplete or inaccurate information being originally submitted by the Contractor. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. 3-1.06E RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a Force Account basis and the costs of other operations.
City of Roseville California RFP#08-109 GC – 3:10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City, for each Day’s extra work to be paid for on a Force Account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, Subcontractor, or other forces. The daily extra work reports shall provide names and identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment, and hours operated. Daily extra work and Force Account reports (actual or claimed) shall be signed by both the City’s and the Contractor’s representatives within twenty-four (24) hours of the performance of the work.
Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor’s invoices not be submitted within sixty (60) Days after the date of delivery of the material or within fifteen (15) Days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts.
The City will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City.
The Contractor’s cost records pertaining to Work paid for on a Force Account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the
City of Roseville California RFP#08-109 GC – 3:11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) Days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) Days’ notice of the time when such audit is to begin.
3-1.07 COST REDUCTION PROPOSALS. The City encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the City, in writing, proposals for modifying the plans, Specifications or other requirements of the Agreement for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The City may consider such Cost Reduction Proposals and, if accepted, the Agreement will be equitably adjusted. The City has no obligation to consider or accept Cost Reduction Proposals.
City of Roseville California RFP#08-109 GC - 4:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 4
CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.
Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.
All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] before Acceptance of the Contract.
Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Contractors for the Work is dated, except as may be otherwise stated.
When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.
The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.
Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.
Whenever a Supplemental Condition, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Director may at his or her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.
When requested by the Director, the Contractor shall furnish, without charge, samples of
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Regional Pump Station 26 and Force Main Capacity Improvement [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
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.
Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.
It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.
B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.
The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.
Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.
Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.
C. Costs of Testing.
1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be
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Regional Pump Station 26 and Force Main Capacity Improvement [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
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Regional Pump Station 26 and Force Main Capacity Improvement [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.
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Regional Pump Station 26 and Force Main Capacity Improvement [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
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Regional Pump Station 26 and Force Main Capacity Improvement [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
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.
If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.
In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by the Contractor or Subcontractor.
If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.
2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.
3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.
4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.
Pursuant to the provisions of California Labor Code Section 1773, the City has obtained
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.
These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm , which is
incorporated herein as a part of this Contract.
Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.
Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.
When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract. 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.
A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.
3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.
However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.
E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] obliterated to prevent disclosure of an individual's name, address and social security number.
The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor- management committee reasonable attorneys’ fees and costs incurred in maintaining the action.
An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.
F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.
G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.
Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.
The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.
Prior to Contractor commencing construction project work on City property, Contractor
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:
1. Bloodborne Pathogens Exposure Control Plan;
2. Confined Space Entry Procedure;
3. Electrical Safety Program (Lockout/Tagout);
4. Emergency Action Plans (Site Specific);
5. Fire Prevention Plans (Site Specific);
6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);
7. Hazard Communication Program (SDS’s and Right-to-Know training);
8. Heat Illness & Prevention Plan;
9. Hearing Conservation Program;
10. Hot Work/Welding Procedure;
11. Job Hazard Analyses/Standard Operating Procedures;
12. Traffic Control & Flagging;
13. Excavation/Dig Safe Procedure;
14. Fall Protection Plan;
15. Personal Protective Equipment Plan;
16. Respirable Crystalline Silica Exposure Control Plan;
17. Respirator Program;
18. Soils Management Plan (for contaminated soils); and
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Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:13
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or non- hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.
For purposes of this section only, the term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.
The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its
City of Roseville California RFP#08-109 GC - 5:15
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:16
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:17
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:18
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:19
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:20
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:21
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:22
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:23
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:24
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:25
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 5:26
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Department may be retained by the City until disposition has been made of such suits or claims for damages.
The retention of money due the Contractor shall be subject to the following:
A. The City will give the Contractor thirty (30) Days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.
B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 7-1.07, “Progress Payments,” of these General Conditions.
C. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with matter for which such retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 5-1.23 INSURANCE COVERAGE.
A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall
City of Roseville California RFP#08-109 GC - 5:27
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.
C. Insurance Required.
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL
City of Roseville California RFP#08-109 GC - 5:28
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, cross- liability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9
City of Roseville California RFP#08-109 GC - 5:29
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.
5. Builder’s Risk/Course of Construction Insurance (If Required by Risk Management): The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.
7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.24 OTHER INSURANCE PROVISIONS.
A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by Contractor under the Contract.
Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.
E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and self- insured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and private agencies may be granted a right-of-entry by the City for the purpose of constructing
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Regional Pump Station 26 and Force Main Capacity Improvement [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
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Regional Pump Station 26 and Force Main Capacity Improvement [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,
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:
A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.
B. Occupancy and use by the Department or the public prior to the completion of the entire project.
C. Acts of the Federal Government or the public enemy.
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Regional Pump Station 26 and Force Main Capacity Improvement [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.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.
The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least forty- eight (48) hours in advance.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability arising under or by virtue of the Contract.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or
2. Replace such materials, equipment, devices, processes; or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:
A. The Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.
B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.
C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 CONTRACTOR REGISTRATION. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, the Contractor and its subcontractors shall have a continuing legal obligation to maintain current
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.
To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor.
SECTION 6
PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.
Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.
The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.
Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.
The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 6-1.03 BEGINNING OF WORK. After the execution of the Contract by both parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.
The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Documents regarding, among other things, the submittal of Baseline Schedule, and shall diligently prosecute the same to completion within the time limit provided in the Supplemental Conditions. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents.
The Contractor shall notify the Director, in writing, of its intent to begin Work at least seventy-two (72) hours before Work is begun. The notice shall be delivered to the Director and shall specify the date the Contractor intends to start. If the project has more than one (1) location of Work, a separate notice shall be given for each location.
The Contractor is not authorized to perform any Work until it has received a Notice to Proceed from the City. Should the Contractor begin Work in advance of receiving notice that the Contract has been approved as above provided, any Work performed by it in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer unless said Contract is so approved thereafter. 6-1.04 PROGRESS SCHEDULE.
A. Preliminary Progress Schedule. The Contractor shall submit to the Director, within twenty (20) Days after date of the Notice to Proceed, a Preliminary Progress Schedule covering the Contractor's activities over the first three (3) months of operation in detail and the remainder of the project in summary. The Preliminary Progress Schedule shall schedule the project within the Contract Time for completion of the Work, and shall be subject to favorable review by the Director.
B. CPM Schedule. The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Director within thirty (30) Days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter. The
City of Roseville California RFP#08-109 GC - 7:5
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:6
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] (i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed
4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.
5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be retained by the Director.
6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.
C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.
D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:
1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.
2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.
3. When the schedule does not represent actual prosecution and progress of the Work.
4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.
5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] with its proposal.
E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director. 6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.
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Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:12
Regional Pump Station 26 and Force Main Capacity Improvement [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.
E xtensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:
A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.
B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately preceding five (5) years of record by at least two inches (2”).
Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely
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Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:14
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:15
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:16
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:17
Regional Pump Station 26 and Force Main Capacity Improvement [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 RFP#08-109 GC - 7:18
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] It is expressly understood and agreed that delays caused by the City will be non- compensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.
Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:
1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these General Conditions, no payment will be made for delays in accordance with the provisions of this section.
Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time
City of Roseville California RFP#08-109 GC - 7:19
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of personnel will be determined pursuant to Section 3-1.06A, “Force Account Payment – Labor,” of these General Conditions. No markup will be added in either case for Overhead and profit.
The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to “Changes to the Work” elsewhere in the Contract Documents. 6-1.10 TERMINATION.
6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF
CITY. The Department reserves the right to terminate the Contract at any time and for any reason if the Director determines that to do so would be in the best interest of the City. Any termination which is not based on the circumstances set forth in Section 6.1-10B below shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.
Upon the Contractor’s receipt of a written Notice of Termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 6-1.10B below.
1. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
a. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Director certifies that such materials have been stored in the manner and at the locations he or she has directed.
City of Roseville California RFP#08-109 GC - 7:20
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
c. When the Director determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, the Contractor will recommend that the City formally accept the Work, and immediately upon and after such Acceptance by the City, the Contractor will not be required to perform any further Work thereon and shall be relieved of its contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the City.
2. The total compensation to be paid to the Contractor shall be determined by the Director on the basis of the following:
a. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven percent (7%) of Direct Costs of such Work.
b. A reasonable allowance for profit on the cost of the Work performed as determined under subsection (a), provided the Contractor establishes to the
City of Roseville California RFP#08-109 GC - 7:21
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] satisfaction of the Director that it is reasonably probable that it would have made a profit had the Contract be completed and provided further, that the profit allowed shall in no event exceed four percent (4%) of said cost. c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the Department or otherwise disposed of as directed by the Director.
d. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's Subcontractors, necessary to determine compensation in accordance with this Section, shall be open to inspection or audit by representatives of the Department at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.
After Acceptance of the Work by the Director, the Director may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
In the event that the City terminates this Contract under Section 6-1.10B below and it is determined for any reason that there was not sufficient cause to do so, the City’s termination automatically will convert to a termination for convenience under this section and the terms and conditions outlined in this section automatically will be applied to effectuate the Contract
City of Roseville California RFP#08-109 GC - 7:22
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.
The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Contract without approval of the City; or
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] thereafter shall cure the default as soon as possible and in no event after ten (10) Days from the Contractor’s receipt of the City’s written notice.
If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof.
Upon the City’s election to terminate the Contract, or portion thereof, the City shall have the right to complete the Work, or portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor’s materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City’s sole judgment, best accomplish such completion.
The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due. When the City terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.
The City will issue to the Contractor a written notice specifying that the Contract, or
City of Roseville California RFP#08-109 GC - 7:24
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Agreement;
2. Perform Work the City deems necessary to secure the Work Site for termination including measures to leave the Work Site in a safe condition;
3. Remove equipment from the site of Work, as specified by the City;
4. Take such action as is reasonably necessary to protect materials from damage;
5. Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City;
6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from Suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;
7. Dispose of materials not used in the Work as directed by the Director. It shall be the Contractor’s responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such materials;
8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontractors or orders for materials terminated hereunder.
To the extent directed by the City, the Contractor shall assign to the City all rights,
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with the Contractor for the Work;
9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Agreement; and
10. Take such other actions as the City may direct.
If only a portion of the Work has been terminated, the Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.
The City may recover from the Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of the Contractor’s default.
City of Roseville California RFP#08-109 GC - 7:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 7
ACCEPTANCE AND PAYMENT
7-1.01 ACCEPTANCE. When the Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and completion of all punch list and clean- up items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:
1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or
2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or
3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.
If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and accepted the Work by Resolution of the City Council or by written
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] notification from the Director. Immediately upon such Acceptance, the Contractor shall be relieved of the duty of maintaining the Work as a whole.
All warranties commence upon final Acceptance of the Work. The City’s final Acceptance of the Work shall not be construed as an acceptance by the City of any latent defects discovered with regard to the Contractor’s work. Furthermore, Contractor’s obligations under Section 5-1.22 “Responsibility for Damage and Indemnification” shall still remain applicable after the City’s grant of final Acceptance of the Work.
Prior to final Acceptance, the Contractor shall submit to the City the Record Documents and Operation and Maintenance Manuals as specified in the Contract Documents. 7-1.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the Director and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as provided in the Contract; and for completing the Work according to the Contract. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.
No compensation will be made in any case for loss of anticipated profits. 7-1.03 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any act or failure to act by the City,
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless the Contractor has given the City due written Notice of Potential Claim as hereinafter specified, provided, however, that compliance with this Section 7-
1.03 shall not be a prerequisite as to matters within the scope of the notice provisions in Section 6-1.07, “Time of Completion,” or the notice provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within seven (7) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.
If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed.
Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.
If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be
City of Roseville California RFP#08-109 GC - 7:4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] governed by all applicable provision of the Agreement.
The Contractor shall maintain cost records of all Work that is the basis of any dispute.
On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.
These daily forms shall itemize all of Contractor’s costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of the Contractors’ daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of the Contractor’s right to claim any additional compensation for the disputed work.
Each Contractor claim shall include full and complete information concerning the Claim.
Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.
The City will review any timely Notice of Potential Claim and supporting information
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Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.
If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these General Conditions, including but not limited to Section 7-1.04.
It is the intention of this Section 7-1.03 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 7-1.04 CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) Days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time
City of Roseville California RFP#08-109 GC - 7:6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] specified herein, such Claim shall be deemed rejected in its entirety.
Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement.
If the Contractor disputes the City’s written response, or if the City does not respond within the time specified herein, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within thirty (30) Days for settlement of the dispute.
Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 7-1.05 below.
7-1.05 DISPUTE RESOLUTION PROCEDURE. All Claims not resolved
City of Roseville California RFP#08-109 GC - 7:7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] pursuant to Section 7-1.04, shall be resolved pursuant to Public Contract Code Section 10240, et seq.
7-1.06 STOP PAYMENT NOTICES. The City, by and through the Department or other appropriate office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Civil Code Section 9350, et seq., including an amount to provide for the reasonable cost of any litigation thereunder. 7-1.07 PROGRESS PAYMENTS. Within fifteen (15) Days after the effective date in the Notice to Proceed, but in any event prior to Contractor’s first Application for Payment, the Contractor shall submit to the City a detailed Schedule of Values.
Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum bid item. The City, prior to any progress payment being made, must approve the Schedule of Values.
At the Director’s discretion the approved Schedule of Values may be used as the basis for calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the Director. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Director’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 3-1.05(B), “Contract Price Adjustment,” of these General Conditions.
The Contractor once in each month shall submit an Application for Payment, for approval by the Director. Contractor’s Applications shall be based on the Schedule of Values submitted to the City. These applications shall be supported by: (1) documentation requested by the City to
City of Roseville California RFP#08-109 GC - 7:8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] substantiate the payment request; (2) statutory releases from Contractor and all Subcontractors and suppliers pursuant to Civil Code Sections 8132 and 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of the payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for purpose of evaluating the application.
The City will pay the Contractor within thirty (30) Days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) Days of its receipt of the Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for the rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
The City may deduct the following from each progress payment:
1. An amount equal to one hundred and twenty-five percent (125%) of the amount claimed under any stop payment notice or other lien filed against the Contractor, which includes an amount to provide for the reasonable cost of any litigation
City of Roseville California RFP#08-109 GC - 7:9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] thereunder.
2. Any Liquidated Damages or Assessments that have accrued as of the date of the Application for Payment.
3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.
4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Contract including damages to the City’s property.
5. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
No such estimate or payment shall be construed to be an acceptance of any defective Work or improper materials.
Under no circumstances will the City make payment to unlicensed Contractors. As a condition of payment, the Contractor is required to maintain the applicable Contractor’s license as identified in the Notice to Contractors for the duration of the Work. 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.
Partial payments may be made to the extent of seventy-five percent (75%) of the cost of materials and equipment plus delivery to be incorporated in the Work, provided that such materials and equipment meet the requirements of the Contract Documents and are delivered to acceptable sites on the plant site or at other sites in the vicinity that are acceptable to the City and only with the prior written approval by the City. Such delivered costs of stored or stockpiled materials and equipment may be included in the next progress payment after the following conditions are met:
A. Equipment and materials will only be eligible if given conditional or final
City of Roseville California RFP#08-109 GC - 7:10
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Acceptance by the Director and are in apparent compliance with favorably reviewed Submittals.
B. Only equipment or materials which have received favorable review of Shop Drawings will qualify.
C. The material or equipment has been stored or stockpiled adequately protected against damage in a manner acceptable to the Director at an approved site.
D. The Contractor has furnished the Director with acceptable evidence of the quantity and the quality of such stored or stockpiled materials or equipment with identification of where they will be incorporated into the project with Specification reference.
E. The Contractor has furnished the Director with satisfactory evidence that the material or equipment and transportation costs have been paid.
F. The Contractor has furnished the City legal title (free of liens or encumbrances of any kind) and lien releases to the material or equipment so stored or stockpiled.
G. The Contractor has furnished the City evidence that the material or equipment so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work.
It is understood and agreed that the transfer of title and the City payment for such stored or stockpiled materials or equipment shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials or equipment in accordance with the requirements of the Contract Documents.
In no case will the amount of progress payments for materials or equipment on hand exceed the Contract Price for such materials or equipment or the Contract Price for the Contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant
City of Roseville California RFP#08-109 GC - 7:11
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] materials.
The Contractor shall bear all costs associated with the progress payment of stored or stockpiled materials or equipment in accordance with the provisions of this Section. 7-1.09 RETENTION ON PROGRESS PAYMENTS. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City. The remainder, less any deductions described in Section 7-1.07, “Progress Payments,” of these General Conditions, will be paid to the Contractor as progress payments.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:
1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.
2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.
3. Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code section 22300.
City of Roseville California RFP#08-109 GC - 7:12
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
4. The Contractor shall obtain the written consent of the surety to such agreement.
7-1.10 FINAL PAYMENT. Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of Section 7-1.01, “Acceptance,” of these General Conditions. Before final payment can be made, the Contractor shall have furnished the City with the following:
1. All Record Documents, catalogues, instruction sheets and information as required by the Contract Documents.
2. Conditional Waivers and Releases Upon Final Payment executed by Contractor and all Subcontractors and Suppliers, as provided by Civil Code Section 8136. Unconditional Waivers and Releases Upon Final Payment, as provided in Civil Code Section 8138, executed by Contractor and all Subcontractors and Suppliers, must be provided for all Subcontractors and Suppliers that have been paid in full.
Within thirty (30) Days of the date of the City’s Acceptance of the Work, the Contractor shall prepare and submit a Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for actual quantities of the Contract items of work constructed in accordance with the Contract Documents.
The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) Days thereafter, the Contractor
City of Roseville California RFP#08-109 GC - 7:13
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approval Final Invoice.
If agreements are reached on all questions regarding the Final Invoice, the City will pay the entire sum found due on the approved application. However, the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350, et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
Final payment will be made within thirty (30) Days after receipt of an approved Final Invoice and other required Submittals referenced above or within sixty (60) Days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved Final Invoice has not been submitted within sixty (60) Days after Acceptance of the Work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. Notwithstanding the foregoing, if a Notice of Completion is recorded, final payment shall not be made prior to the expiration of the thirty-five (35) calendar day lien period. The start of this lien period is the date the Placer County Recorder’s Office records the Notice of Completion.
The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.
The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under the Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from:
City of Roseville California RFP#08-109 GC - 7:14
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
1. Unsettled or future liens;
2. Failure of the Work to comply with the requirements of the Contract Documents;
3. The terms of any warranties required by or contained in the Contract Documents;
4. The right to any insurance proceeds or the right to make any insurance or bond claims;
5. Any claims with respect to Contractor’s obligations of indemnity with respect to claims asserted by third parties; or
6. Any latent deficiencies with the Work or Contractor’s fraud. 7-1.11 CLERICAL ERRORS. Notwithstanding the provisions of Section 7-
1.10, “Final Payment,” of these General Conditions, for a period of three (3) years after Acceptance of the Work, all estimates and payments made pursuant to said Section 7-1.10, are subject to correction for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 7-1.11, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
7-1.12 WARRANTY. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor hereby unconditionally guarantees that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in workmanship and materials and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
City of Roseville California RFP#08-109 GC - 7:15
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
The Contractor hereby agrees to repair or replace any and all Work, together with any other adjacent Work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material during the greater of a period of one (1) year after Acceptance of the Work by the City or the period specified in the Special Conditions, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.
The Contractor further agrees, that within ten (10) Days after being notified in writing by the Department of any Work not in accordance with the requirements of the Contract Documents or of any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of this warranty, and to complete such Work within a reasonable period of time. In the event Contractor fails to comply, it does hereby authorize the Department to proceed to have such Work done at the Contractor's expense and the Contractor will honor and pay the cost and charges therefore upon demand. The Department shall be entitled to all costs and expenses, including reasonable attorneys’ fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.
All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a
City of Roseville California RFP#08-109 GC - 7:16
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 7-1.13 WARRANTY OF TITLE. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment Installed or incorporated in the Work and agrees upon completion of all Work to deliver the Premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the Premises or any improvement or appurtenances thereon. Provided, that this shall not preclude the Contractor from Installing metering devices and other equipment of utility companies, the title of which is commonly retained by the utility company. In the event of the Installation of any such metering device or equipment, the Contractor shall advise the City as to the legal owner thereof. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City.
City of Roseville California RFP#08-109 GC - 7:17
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
City of Roseville California RFP#08-109 AB 626-1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.
Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.
This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.
This bill would require a public entity, defined to exclude certain state entities, upon receipt
City of Roseville California RFP#08-109 AB 626-2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.
This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.
This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
By increasing the duties of local agencies and officials, this bill would impose a state- mandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution
City of Roseville California RFP#08-109 AB 626-3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] process.
This bill would specify that these provisions constitute a matter of statewide concern.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 9204 is added to the Public Contract Code, to read:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) ”Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for
City of Roseville California RFP#08-109 AB 626-4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) ”Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) ”Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) ”Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
City of Roseville California RFP#08-109 AB 626-5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made
City of Roseville California RFP#08-109 AB 626-6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but
City of Roseville California RFP#08-109 AB 626-7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
City of Roseville California RFP#08-109 AB 626-8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 2.
City of Roseville California RFP#08-109 AB 626-9
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SECTION 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
City of Roseville California RFP#08-109 SC - i
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SUPPLEMENTAL CONDITIONS
Project: Regional Pump Station 26 and Force Main Capacity Improvement
Table of Contents for Special Provisions
SC
Scope of Supplemental Conditions 1
Section 1: Definitions and Terms 2
Section 2: Control and Scope of the Work 3
Section 3: Changes in the Work 4
Section 4: Control of Materials 5
Section 5: Legal Relations and Responsibility 6
Section 6: Prosecution and Progress 7
Section 7: Acceptance and Payment 8
City of Roseville California RFP#08-109 SC - 1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
Scope of Supplemental Conditions
1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.
COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678
SPECIFICATIONS FOR COMMERCIAL CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747
PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678
X
DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us
2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.
City of Roseville California RFP#08-109 SC - 2
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:
The Department for Contract Administration is the Environmental Utilities Department of the City of Roseville.
1-1.28 ENGINEER OR ARCHITECT. Section 1-1.28 of the General Conditions is amended to include the following:
ENGINEER's Consultant(s): The person, firm(s) or corporation(s) named as such below:
1-1.28.a. Bajada Geosciences, Inc.; 1300 Market Street, Suite 201, Redding, CA 96001.
1-1.28.b. Control Point Engineering, Inc.; 3941 Park Drive, Unit 20, El Dorado Hills, CA 95762.
SECTION 1. DEFINITIONS AND TERMS is amended to include the following:
OWNER. Owner is defined as the individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed (City).
SUBSTANTIAL COMPLETION. Substantial Completion is defined as (i) that degree of completion of the Project’s operating facilities or systems sufficient to provide OWNER the full time, uninterrupted, and continuous beneficial operation of the Work; and (ii) all required functional, performance and acceptance or startup testing has been successfully demonstrated for all components, devices, equipment, and instrumentation and control to the satisfaction of ENGINEER in accordance with the requirements of the Specifications.
City of Roseville California RFP#08-109 SC - 3
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. Section 2-1.05 of the General Conditions is amended to include the following:
Figure dimensions on Drawings will take precedence over scale dimensions.
Detailed Drawings will take precedence over general Drawings. 2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:
The time allowed for review of each submittal is (10) ten Days after receipt of the submittal by the Director.
City of Roseville California RFP#08-109 SC - 4
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.
City of Roseville California RFP#08-109 SC - 5
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.
City of Roseville California RFP#08-109 SC - 6
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:
To the best of the City's knowledge, asbestos is present in the vicinity of the Project.
Per As-Builts, there is a parallel 12 inch asbestos cement pipe (ACP) water main located north of East Roseville Parkway. The ACP water main is offset approximately 50 feet to the west of a 10 inch sewer main which will be improved on this project. We do not anticipate this project will affect the aforementioned ACP water main, but are providing the information for the Contractor’s convenience.
Additional information shall be made available to Contractor upon request.
City of Roseville California RFP#08-109 SC - 7
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 6. PROSECUTION AND PROGRESS
6-1.04 P ROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:
Pr ogress schedules showing project completion dates more than _30_ Days earlier than specified in Section 6-1.07 shall be rejected.
6-1.07 TI ME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:
The Contractor shall begin Work within _21_ business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within 110 business days of the Notice to Proceed. Construction activities must be limited to between April 15th and October 15th to avoid the rainy season. Work that cannot be completed prior to October 15th, 2023, due to supply issues outside of the Contractor's reasonable control, must be negotiated with the City and the City, in its sole discretion, may extend the timelines.
If landscaping plants require an establishment period, that period will be _60_ calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 L IQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:
The amount of Liquidated Damages is the sum of $1,500.00 per Day.
City of Roseville California RFP#08-109 SC - 8
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 7: ACCEPTANCE AND PAYMENT
Section 7-1.02 of the General Conditions is amended to include the following:
Unless special payment is specifically provided in the Measurement and Payment Section, all incidental work and expense in connection with the Completion of Work Under the Contract will be considered a subsidiary obligation of the Contractor and all such costs shall be included in the appropriate items in the Schedule of Bid Items in connection with which costs are incurred.
[END OF SUPPLEMENTAL CONDITIONS]
City of Roseville California RFP#08-108 SP - i
Well Drilling – Misty Wood (Well 13) and Campus Oaks (Well 19) [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
SPECIAL PROVISIONS
Table of Contents for Special Provisions
SP
Section 1: Governor’s Executive Order N-6-22 (EO) 1
City of Roseville California RFP#08-109 SP -1:1
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22] SECTION 1. GOVERNOR NEWSOM EXECUTIVE ORDER N-6-22 (EO)
City of Roseville California RFP#08-109 SPEC – i
Regional Pump Station 26 and Force Main Capacity Improvement [B:EU/EU-PROJECTS/Admin/Forms/Buildings&Grounds Project Manual: 11/28/22]
TECHNICAL SPECIFICATIONS
Project: Regional Pump Station 26 and Force Main Capacity Improvement WWE Project No. 21-060
DOCUMENTS FOR THE CONSTRUCTION OF
CITY OF ROSEVILLE
PUMP STATION NO. 26 IMPROVEMENTS
RFP #08-109
TECHNICAL SPECIFICATIONS
(DIVISIONS 01-40)
DECEMBER 2022
BID SET
ENGINEER:
WATER WORKS ENGINEERS, LLC.
CONTACT:
Mike Fisher, P.E.
(916) 780-2888
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Pump Station No. 26 Improvements
City of Roseville NOVEMBER 2022
WWE Project: 21-060 100% Design Submittal
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TOC-1
Table of Contents
Pump Station No. 26 Improvements
City of Roseville December 2022
WWE Project: 21-060 BID SET
TABLE OF CONTENTS
SECTION TITLE
DIVISION 1
01 11 03 SUMMARY OF WORK
01 14 03 SPECIAL PROJECT CONSTRAINTS
01 29 03 MEASUREMENT AND PAYMENT
01 31 19 PROJECT MEETINGS
01 32 13 PROGRESS SCHEDULE
01 33 03 SUBMITTAL PROCEDURES
01 33 03.13 O&M MANUAL REVIEW CHECKLIST
01 42 03 REFERENCE STANDARDS AND ABBREVIATIONS
01 45 03 QUALITY CONTROL
01 51 03 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES 01 57 03 TEMPORARY SEWER BYPASS PUMPING
01 61 03 GENERAL PRODUCT REQUIREMENTS
01 64 03 OWNER-FURNISHED EQUIPMENT
01 71 13 MOBILIZATION
01 74 03 CLEANING
01 75 06 TESTING, TRAINING AND STARTUP
01 77 03 OPERATIONAL COMPLETION AND PROJECT CLOSEOUT
DIVISION 2
02 41 03 DEMOLITION
DIVISION 3
03 21 03 CONCRETE REINFORCING
03 30 03 CAST-IN-PLACE CONCRETE
03 60 03 GROUT
DIVISION 5
05 05 06 ANCHORS, INSERTS AND DOWELS
DIVISION 7
07 92 03 JOINT SEALANTS
DIVISION 9
09 91 03 PAINTING
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Table of Contents
Pump Station No. 26 Improvements
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION TITLE
DIVISION 26
26 00 00 GENERAL ELECTRICAL WORK
26 01 26 ELECTRICAL TESTS
26 05 10 ELECTRIC MOTORS
26 05 15 INDUSTRIAL CONTROL PANELS
26 05 19 WIRE AND CABLING
26 05 26 GROUNDING
26 05 33 ELECTRICAL RACEWAY SYSTEMS
26 05 43 UNDERGROUND RACEWAY SYSTEMS
26 05 48 SEISMIC RESTRAINTS AND SUPPORTS
26 05 73 PROTECTIVE DEVICE STUDIES
26 12 16 PANELBOARDS AND GENERAL-PURPOSE DRY TYPE TRANSFORMERS 26 29 00 LOW-VOLTAGE MOTOR CONTROL CENTERS
26 29 13 SOLID-STATE REDUCED VOLTAGE STARTERS
26 32 13 STANDBY POWER GENERATION
26 36 23 AUTOMATIC TRANSFER SWITCH
26 43 00 SURGE PROTECTION DEVICES (SPD)
26 50 00 LIGHTING
DIVISION 31
31 05 03 EARTHWORK
31 11 03 SITE PREPARATION
DIVISION 32
32 12 16 ASPHALT CONCRETE PAVEMENT
32 31 13 CHAIN LINK FENCES AND GATES
DIVISION 33
33 01 21 SEWER PIPELINE CLEANING
33 01 31 SEWER PIPELINE CCTV INSPECTION
33 05 13 HYBRID PVC SANITARY SEWER MANHOLE
33 05 26 GRAVITY SANITARY SEWER PIPE BURSTING
DIVISION 40
40 05 06 PIPING SPECIALTIES
40 05 10 PIPE AND FITTINGS
40 05 10.01 PIPE SCHEDULE
40 05 19 PSDS - DUCTILE IRON PROCESS PIPE (DIP)
40 05 23.03 PSDS - WELDED STAINLESS STEEL PIPE (WSSTP)
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Pump Station No. 26 Improvements
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION TITLE
40 05 33.12 PSDS – FUSIBLE HDPE PIPE (HDPE)
40 05 41 PSDS – VITRIFIED CLAY PIPE (VCP)
40 05 58 FABRICATED SLIDE GATES
40 66 33 FIBER OPTIC CABLING AND EQUIPMENT
40 90 10 CONTROL STRATEGIES
40 91 00 INSTRUMENTATION AND CONTROL PROCESS SYSTEMS
40 91 06 LEVEL MEASURING
40 91 07 LEVEL DETECTION
40 95 10 PLC BASED CONTROL SYSTEM HARDWARE
40 95 13 CONTROL PANELS
40 95 30 INSTRUMENTATION AND CONTROL TEST FORM
CITY STANDARD SPECIFICATIONS
SECTION 37 MICRO-SURFACINGS
++ END OF SECTION ++
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Pump Station No. 26 Improvements
City of Roseville December 2022
WWE Project: 21-060 BID SET
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01 11 03-1
Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 11 03
SUMMARY OF WORK
PART 1 - GENERAL
1.1 LOCATION AND DESCRIPTION OF WORK
A. The Work is located along Sierra College Boulevard an d Rockwood Court and Eureka Road and just past Old Auburn Road in Roseville, California 95661. The Work covers the replacement of existing 8” and 10” PVC gravity sewer pipes via pipe bursting and open cut methods as w ell as improvements to Pump Station #26 located at 9705 Sierra College Blvd., Roseville, CA 95661.
1. Work Zone 1:
a. Open cut replacement of approximately 21 LF of 10” DIP gravity sewer line with 12” VCP
b. Pipe bursting of approximately 172 LF of existing 10” DIP gravity sewer line with 12” HPDE pipe
c. Construction of a weir manhole
2. Work Zone 2
a. Pipe bursting of approximately 538 LF of existing 8” DIP gravity sewer line with 10” HDPE pipe to be done in segments delineated by manholes A08-010 and B08- 196.
3. Work Zone 3
a. Open Cut replacement of approximately 236 LF of existing 8” DIP gravity sewer line with 10” VCP to be done manhole B08-196 to manhole B08-113.
4. Work Zone 4
a. Pipe bursting of approximatel y 1204 LF of existing 10” VCP gravity sewer line with 12” HDPE pipe to be done in segments delineated by manholes B08-105, B08-083, and B08-077.
5. Work Zone 5
a. Pipe bursting of approximately 415 LF of existing 10” VCP gravity sewer line with 12” HDPE pipe to be done in segments delineated by manholes B08-077 and B08- 062.
6. Pump Station #26:
a. Open cut replacement of approximately 36 LF of 10” DIP gravity sewer line with 12” VCP
b. Removal and Replacement of existing pumps and discharge piping. c. Electrical:
1) All Electrical Contractor work, including coordination with electric utility and installation of electric service to site including conduit and wiring. 2) Installation of all conduit, wire, supports, pullboxes, etc. to support the new system.
d. The Electrical Contractor shall furnish and install all of the systems shown in the Contract Documents, including but not limited to the following:
1) Standby Generator with concrete pad.
2) New Meter/Main Switchboard (MSB) with Main Disconnect and concrete pad. 3) New Motor Control Center (MCC) w ith concrete pad, Automatic Transfer Switch (ATS), Lighting Panel, Transformer, and Reduced Voltage Soft Starter (RVSS) pump controls with motor overtemperature and seal leakage
01 11 03-2
Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
detection, forward/reversing contactors, and au tomatic de -ragging functionality.
4) New PLC Control Panel with air conditioner.
5) Associated cond uit, wire, fiber optic cabling, pul lboxes, supports, field terminal enclosures, and site lighting to support the new system. 6) Wetwell level transducer, three (3) le vel floats, and associated isolation barriers.
e. Instrumentation and Controls:
1) PLC programming , local Operator Interface Terminal programming, and SCADA application programming shall be performed by OTHERS and is excluded from Contractor’s Scope of Supply. The Contractor shall coordinate equipment testing as required by the Contract Documents and with the City’s Applications Programmer to complete Start-up and Testing requirements.
7. Project Management and Administration:
a. Preparing and providing submittals.
b. Maintaining project schedule.
c. Maintaining As-Built Contract Drawings on a continuous basis. d. Preparing Requests for Information.
e. Startup, testing, training and project closeout tasks to provide a complete and functional system.
B. The Project features sole-source pre-purchase by the OWNER of some of the major equipment. The CONTRACTOR shall be responsible for the acceptance, h andling, installation and startup of this and all other equipment for the Project.
1.2 PROJECT DOCUMENTS
A. The Work is described in the following project documents:
1. Volume 1 – City of Roseville Buildings & Grounds Project Manual
2. Volume 2 – Technical Specifications
3. Volume 3 – Drawings
B. Refer to the Contract Documents for the following supplemental information referenced from the Drawings and Specifications:
1. Geotechnical Report
1.3 COORDINATION
A. The CONTRACTOR shall be solely responsible for coordination of all of the Work of this Contract.
B. The CONTRACTOR shall supervise, direct and cooperate fully with all Subcontractors, manufacturers, fabricators, suppliers, dis tributors, installers, testing age ncies and all others whose services, materials or equipment are required to ensure completion of the Work within the Contract Time.
C. Work of Others:
1. The CONTRACTOR shall cooperate with and coordinate CONTRACTOR’s Work with the work of any other contractor, utility service companies, or CITY’s representatives performing work at the site.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
2. The CONTRACTOR shall also coordinate their Work with the work of others to assure compliance with schedules.
3. The CONTRACTOR shall attend and participate in all project coordination or progress meetings and report on the progress of all Work and compliance with schedules.
4. If any part of the work depends upon the work of others for proper execution or results, the CONTRACTOR shall inspect and promptly report to the ENGINEER any apparent discrepancies or defects in such work of others that render it unsuitable for such proper execution and results.
5. Failure of the CONTRACTOR to so inspect and report shall constitute an acceptance of the work of others as fit and proper except as to defects which may develop in the work of others after execution of the work by the CONTRACTOR.
D. Interference with work on utilities:
1. The CONTRACTOR shall cooperate fully with all utility forces of the CITY or forces of other public or private agencies engaged in the relocation, altering, repair, or otherwise rearranging of any facilities which interfere with the progress of the work.
2. The CONTRACTOR shall schedule the work so as to minimize interference with said relocation, altering, repair, or other rearranging of facilities.
E. Responsibility for Damage:
1. The CONTRACTOR shall not be responsible for damage done by CONTRACTORS not under their jurisdiction.
2. The CONTRACTOR will not be liable for any such loss or damage, unless it is through the negligence of the CONTRACTOR.
1.4 WORK BY OTHERS
A. The CITY will perform the following work:
1. Operation of all existing system valves and equipment, unless specified otherwise.
2. PLC and SCADA programming.
3. Installation of bells at existing manholes and structures.
4. Roseville Electric to install transformer at PS-26 prior to project commencement.
B. PG&E
1. PG&E to hold PG&E pole in front of PS-26 during pipe bursting operations.
2. PG&E to relocate gas line at Sierra College and East Rosevil le Parkway prior to project commencement.
1.5 SITE CONDITIONS
A. Site Investigation and Representation
1. The CONTRACTOR acknowledges that it has satisfied itself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water , electric power, roads, and uncer tainties of weather , or similar physical conditions at the site, the co nformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract.
2. The CONTRACT OR further acknowledges that it has sati sfied itself as to the character, quality, and quantity of surfac e and subsurface materials to be encountered from inspecting the site and from evaluating information derived from
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
exploratory work that may have been done by the CITY or included in these Contract Documents. Any failure by the CONTRACTOR to become acquain ted with all the available information will no t relieve the CONT RACTOR from responsibility for properly estimating the difficulty or cost of successful ly performing the work or for properly installing the Work.
3. Field Verification:
a. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
b. As the work proceeds, the CONTRACTOR shall field verify the depth and location of all buried utilities, and existing systems, and location of hazardous waste and contaminants.
c. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the ENGINEER before proceeding with any work affected thereby.
B. Existing Utilities and Improvements
1. Location of Underground Utilities:
a. Known existing underground conduits, pipelines and other utilities have been shown on the contract drawings in their approximate locations (within 3 feet of actual location). However, the accuracy or completeness of utilities indicated on the drawings is not guaranteed.
b. It shall be the responsibility of the CONTRACTOR to determine the exact location of all utilities and their service connections.
c. All potholing or other procedures for verifying utility location shall be performed by the CONTRACTOR as necessary to prepare for excavation at least 4 working days in advance of scheduled excavation.
d. The CONTRACTOR shall immediately notify the ENGINEER as to any utility located by him which has been incorrectly shown or omitted from the Drawings. e. If the CONTRACTOR cannot locate an und erground utility whose presence is indicated on the Drawings, the ENGINEER shall be notified in writing. f. The CONTRACTOR sha ll ascertain the exact locations of underground utilities whose presence is indicated o n the Drawings. T he locations of their s ervice laterals work and of service laterals or appurtenances of any other underground utilities which can be i nferred from the p resence of visible facilities such as buildings, meters and junction boxes shall be obtained prior to doing work that may damage such utilities or interfere with their service. g. Utilities Not Shown on Drawings:
1) Attention is directed to the possible existence of underground utilities not indicated on the Drawings and to the possibility that un derground utilities may be in a location different from that indicated on the Drawings. 2) If the ENGINEER d etermines that the underground utility for whi ch such notice has been given has not been depicted on the Drawings with reasonable accuracy (within 3 fe et of actual location), the additional c ost incurred in locating the utility will be paid for as extra wo rk as provided in the Agreement.
3) If the CONTRACTOR discovers a buried utility not indicated on the Drawings, the CONTRACTOR shall immediately give the ENGINEER and the Utility Company written notification of the existence of such utility.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
4) Such utilities shall be located and protected from damages as directed by the ENGINEER and the cost of such work will be paid for as extra work as provided in the Agreement.
2. Utility Coordination:
a. The CONTRACTOR shall notify Underground Service Alert (USA) at least 4 days prior to excavation, telephone (800) 642-2444.
b. The CONTRACTOR shall also contact all utility owners not registered with USA but known to have utilities in the project area to field locate underground utilities at least 4 days prior to excavation.
c. The CONTRACTOR shall notify all owners of utilities when the Work is in progress and shall make arrangements as are necessary to coordinate outages or make any emergency repairs.
d. Existing ut ilities that are shown or that are made known and located to the CONTRACTOR prior to excavation, and that are to be retained; an d all utilities that are constructed during excavation operations shall be properly supported and protected from damage during the progress of the work.
3. Utility Protection and Damage:
a. Existing utilit ies that are shown or that are made kno wn and located to the CONTRACTOR prior to excavation, and that are to be retained, and all utilities that are constructed during excavation operat ions shall be properly supported and protected from damage during the progress of the work. b. Should any damage to a utility occur during the progress of the work, the CONTRACTOR shall notify the CITY or the utility owner at once and render all assistance possible to repair the damage and restore the service. c. No extra compensat ion will be made for the repair of any services or utilit y damaged by the CONTRACTOR nor for any damage incurred through neglect or failure to provide adequate protection to existing utilities. d. The provisions of this Section shall not be abated even in the event such damage occurs after backfil ling or is not dis covered until after completion of the backfilling.
e. Damage Report:
1) If the CONTRACTOR damages an y underground utilities not shown on the Drawings or not depicted on the Drawings with reasonable accuracy (within 3 feet of actual location) or any lateral service the location of which could not be inferred by the CONTRACTOR, a written report thereof sha ll be made immediately to the ENGINEER by CONTRACTOR.
2) The CONTRACTOR's report shall also advise the ENGIN EER of any schedule delays as a result of utility damages. Compensation for such delays w ill be determined in accordance with the Agreement. The CONTRACTOR shall be entitled to no other compensation for any such damage.
4. All utilities encountered along the line of the work shall remain continuou sly in service during all work under the Contract, unless otherwise shown on the drawings, or unless other arrangements satisfactory to the ENGINEER are made with the owner of said utilities.
C. CONTRACTOR's Responsibility for Utility Facilities and Service
1. Where the CONTRACTO R's operations could cause damage or inconvenience to railway, telephone, television, power, oil, gas, water, sewer, or irrigati on systems, the CONTRACTOR shall make all arrangements necessary for the protection of these utilities and services.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
2. The CONTRACTOR shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract.
3. Neither the CITY nor its officers or agents shall be responsible to the CONTRACTOR for damages because of the CONTRACTOR's failure to protect utilities encountered in the Work.
4. In no event shall interruption of any utility service be allowed outside working hours unless granted by the owner of the utility.
5. No sand, mud, rocks or other construction debris shall be disposed of in the sanitary sewers or storm sewers.
6. Any discharge of construction water to the sewer or storm drain systems requires a City of Roseville discharge permit a minimum of 7 calendar days prior to planned discharge, as approved by ENGINEER.
7. Where bypassing of sewage is required to perform sewer repairs or service relocations and where temporary pumps are required to bypass any sewage across traffic lanes, the discharge lines crossing the traffic lanes shall be buried a minimum of 4 inches below the pavement surface and backfilled wi th temporary asphalt concrete surfacing . The CONTRACTOR s hall take all necessary steps to assure continuous flow of sewage. Bypassing of untreated wastewater to surface waters or courses will not be permitted.
8. The CONTRACTOR shall replace, at its own expense, any and all existing utilities or structures removed or damaged during construction, to their existing condition unless otherwise provided for in these Contract Documents.
9. The CONTRACTOR shall repair or replace, at its own expense, all pavement damaged during the construction, to its existi ng condition unles s otherwise provided for in these Contract Documents.
D. Names of Known Utilities Serving the Area
1. The following is a list of the known public utilities serving the area:
a. City of Roseville:
1) Water – (916) 774-5750
2) Storm Water – (916) 774-5790
3) Recycled Water – (916) 774-5750
4) Sewer – (916) 774-5750
5) Electric – (916) 797-6937
6) Traffic Signals – (916) 746-1760
b. Pacific Gas and Electric (PG&E):
1) Gas – (530) 320-2908
2) Electric – (530) 320-2908
E. Interfering Structures
1. The CONTRACTOR shall take necessary precautions to prevent damage to existing structures whether on the sur face, aboveground, or underground. An attempt has been made to show major structures on the Drawin gs. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and it is presented as a guide to avoid possible difficulties.
2. The CONTRACTOR shall protect all existing structures, trees, shrubs, and other items on the project site that are to be pre served, by substantial barricades or ot her devices co mmensurate with the hazard, from injury or des truction by vehicles, equipment, workmen, or other agents.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
3. Where existing fences, gates, buildings, or any other structure must be removed to properly carry out the work, or are damaged during the work, they shall be restored at the CONTRACTOR's expense to their original condition or better.
4. Without additional compensation, the CONTRACTOR may remove and replace in a condition as good as or better than original, any small structures such as fences, and signposts that interfere with the CONTRACTOR's operations.
F. Field Relocation
1. During the progress of construction, it is expected that minor relocations of the work will be necessary.
2. Such relocations shall be made only by direction of the ENGINEER.
3. If existing structures are encountered that will prevent construction as shown, notify the ENGINEER before continuing with the work in order that the ENGINEER may make such field revisions as necessary to avoid conflict with the existing structures.
4. Any CONTRACTOR request(s) for additional compensation or contract time resulting from necessary field relocations will be considered as set forth in the Agreement.
5. If the CONTRACTOR fails to notify the ENGINEER when a structure which interferes with construction is encountered, and proce eds wi th the work despite this obstruction, the CONTRACTOR shall do so at their own risk and at no additional cost to the CITY.
G. Traffic Control shall be per City of Roseville Design Standards. All traffic control plans (including signage) shall be per the current CAMUTCD (California Manual on Uniform Traffic Control Devices).
1.6 REFERENCE POINTS AND SURVEYS
A. Locations and elevations of benchmarks are shown on Drawings.
B. Dimensions for lines and elevations for grades of structures, appurtenances, and utilities are indicated on Drawings, together with other pertinent information required for laying out Work. If conditions vary from those indicated, notify CITY immediately, who will make or approve minor adjustments, as required.
C. CITY may perform checks to verify accuracy of CONTRACTOR's layo ut Work and that completed Work complies with Contract Documents.
D. Any existing survey po ints or other control markers destroyed without proper authorization will be replaced by owner of the survey points or con trol markers at CONTRACTOR's expense.
E. CONTRACTOR's Responsibilities:
1. Provide all survey and layout required.
2. Locate and protect reference points prior to starting site preparation.
3. Notify CITY at least 3 working days in advance when grade and line surveying will be performed by CONTRACTOR.
4. Check and establish exact location of existing facilities prior to construction o f new facilities and any connections thereto.
5. In event of discrepancy in da ta provi ded by CITY, request clarification before proceeding with Work.
6. Provide cut sheets for all staking.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
7. Preserve and leave undisturbed control staking until ENGINEER has completed checks it deems necessary.
8. Re-establish reference points resulting from destruction by CONTRACTOR's operations.
9. Cooperate with ENGINEER so that checking and measuring may be accomplished with least interference to CONTRACTOR's operations.
1.7 SEQUENCE AND PROGRESS OF WORK
A. The CONTRACTOR shall submit a Construction Schedule coverin g the en tire Work in accordance with Section 01 32 13, Progress Schedule.
B. The CONTRACTOR shall incorporate the requirements of Section 01 14 03 , Special Project Constraints, into the Construction Schedule.
C. Alternate Sequence:
1. The CONTRACTOR’s schedule may use a di fferent sequence from that shown or specified, if techniques and methods known to the CONTRACTOR will result in cost and time savings to the CITY and still achieve the required objectives.
2. The ENGINEER’s determination on the acceptability of any alternative sequence from that shown or specified shall be final.
1.8 CONTRACTOR'S USE OF PREMISES
A. The CONTRACTOR shall coordinate use of the premises, for the CONTRACTOR’s storage and the operations of the CONTRACTOR’s workmen, with CITY and utility service companies.
B. Restriction of Work Area:
1. The full use of the premises for storage, the operations of workmen and for all other construction activities will not be available to the CONTRACTOR.
2. The CONTRACTOR must oper ate entirely within the space allowed to the CONTRACTOR.
3. The Drawings defines the area allocated to the CONTRACTOR.
C. The CONTRACTOR shall be solely responsible for obtaining and paying all cos ts in connection with any additional work area, storage sites, access to the site or temporary right-of-way, which may be required for proper completion of the Work.
D. Limitations on Use of Work Area:
1. It shall be understood that responsibil ity for protection and safe -keeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the CITY or their authorized representatives by reason of any act.
2. It shall be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials or equipment, the ENGINEER shall direct the CONTRACTOR owning or responsible for the stored materials and equipment to immediately move the same.
3. No materials or equipment may be placed upon the property of the CITY, other than in the designated areas as shown on the Drawings, unless the ENGINEER has agreed to the location contemplated by the CONTRACTOR to be used for storage.
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Summary of Work
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
4. All stored materials shall be labeled accordi ng to the appropriate contractor or Subcontractor with the manufacturer's label as well.
5. Appropriate material safety data sheets (e.g., MSDS) shall be provided.
E. The CONTRACTOR shall be required to share use of the premises with other Contractors whose services the CITY has obtained or will obtain for construction of other facilities on the site.
1.9 USE OF OWNER’S FACILITIES
A. The CONTRACTOR may use existing facilities or equipment in the Work for construction purposes, only if the CITY’s written permission is obtained.
B. Restore existing facilities and equipment used fo r tempor ary purposes to original condition in a manner satisfactory to CITY.
C. The full use of the prem ises for storage, the opera tions of workmen, and for all other construction activities, will not be available for the CONTRACTOR.
D. The CONTRACTOR must operate entirely within the space allowed to the CONTRACTOR.
E. The Drawings define the Work Zone area allocated to the CONTRACTOR.
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PART 3 - EXECUTION (NOT USED)
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TOC-4
Table of Contents
Pump Station No. 26 Improvements
City of Roseville NOVEMBER 2022
WWE Project: 21-060 100% Design Submittal
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01 14 03-1
Special Project Constraints
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 14 03
SPECIAL PROJECT CONSTRAINTS
PART 1 - GENERAL
1.1 LIMIT OF CONSTRUCTION ACTIVITIES ON WORK SITE
A. Work Months:
1. Construction activities may only occur between April 15th and October 15th to avoid the rainy season. Work that cannot completed prior to October 15th, 2023 due to supply issues outside of the Contractor’s control must be negotiated with the City.
B. Traffic Control:
1. During non-work hours, the CONTRACTOR shall keep all lanes of traffic open and clear. All trenches shall be backfilled or covered with suitable steel plates and open to traffic. Steel plates shall sit flush with the existing pavement and shall be pinned and staked. Plates cannot be installed on top of AC.
2. No equipment, construction material or excavated material that will interfere with traffic shall be stored on streets or roadways at any time.
C. Bypass Pumping
1. See Section 01 57 03
1.2 SEQUENCE OF WORK
A. General:
1. The CONTRACTOR shall schedule and sequence their work to complete the Work by the specified completion date.
2. The CITY’s wastewater collection system must remain operational at all times, with scheduled shutdowns as necessary to complete the Work and with prior approval of CITY, as described herein.
3. Re-vegetation of graded areas shall take place as quickly as possible as weather permits.
B. Delivery of OWNER-Furnished Equipment:
1. The OWNER-furnished equipment will be delivered to the site within the following periods. The CONTRACTOR shall be prepared to inspect, unload and store the equipment during that period, in accordance with the requirements of Section 01 64 03, Owner-Furnished Equipment.
a. Two (2) Flygt Model NP-3202 Submersible Pumps and accessories: PMP101, PMP102
1.3 PROJECT CONSTRAINTS
A. Maintenance of CITY’s Operations:
1. Constraints listed herein involve limits on activities during construction. These limits relate to the critical nature of the existing sewer system.
2. Continuous operation of CITY’s facilities is of critical importance. Schedule and conduct activities to enable existing facilities to operate continuously, unless otherwise specified.
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Special Project Constraints
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
3. Work Plan:
a. The CONTRACTOR shall submit a detailed Work Plan and time schedule for all construction activities that will make it necessary to remove a pipeline, electrical circuit, equipment, structure, road or other facilities from service, including the critical outages identified herein.
b. The Work Plan shall, at a minimum, identify:
1) the date and time when each activity will occur;
2) what equipment will be present including standby equipment; 3) what assistance will be required by CITY’s operating personnel; 4) an emergency backup plan identifying what action will be taken if Work cannot be completed within the allotted time; and
5) what individual will be in charge of the activity.
c. Submit Work Plan 10 working days prior to the scheduled activity.
4. Perform Work continuously during critical connections and changeovers, and as required to prevent interruption of CITY’s operations.
5. Shutdowns:
a. Coordinate proposed Work with CITY and facility operations personnel before affecting unit shutdowns. The CONTRACTOR shall provide written confirmation of the shutdown date and time five (5) working days prior to the actual shutdown. b. Under no circumstances shall the CONTRACTOR cease Work at the end of a normal working day or at the end of a working week if such actions may inadvertently cause a cessation of any facility operating process, in which case, remain onsite until necessary repairs are complete.
6. Do not close lines, open valves or gates, shut down equipment, or take other action which would affect the operation of existing systems, except as specifically required by the Contract Documents and after approval of CITY.
7. Do not proceed with Work affecting a facility's operation without obtaining CITY's advance approval of the need for and duration of such Work.
B. Relocation of Existing Facilities:
1. During construction, it is expected that minor relocations of Work will be necessary.
2. Provide complete relocation of existing structures and Underground Facilities, including piping, utilities, equipment, structures, electrical conduit wiring, electrical duct bank, and other necessary items.
3. Use only new materials for relocated facility. Match materials of existing facility, unless otherwise shown or specified.
4. Perform relocations to minimize downtime of existing facilities.
5. Install new portions of existing facilities in their relocated position prior to removal of existing facilities, unless otherwise accepted by CITY.
C. Hours of Work and Overtime:
1. Normal working hours at the Construction Site for the project shall be 7A.M. to 5P.M., weekdays, no work during the weekend nor during CITY observed holidays. a. Conduct Work outside normal working hours only after obtaining prior written consent and approval from the CITY.
1) Contractor shall request work-hour variations in writing, a minimum of ten (10) days prior to the start of the proposed work period. 2) Contractor shall not rely on approval of work outside of normal working hours without prior consent of the CITY. Approval shall be at the sole discretion of the CITY.
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Special Project Constraints
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
b. Contractor will develop Project Schedule assuming work during normal working hours only.
2. All overtime Work by the CONTRACTOR necessary to conform to the requirements of this Section and related Sections shall be performed by the CONTRACTOR, at no cost to the CITY and shall be performed in accordance with the Agreement. The CONTRACTOR shall make no claims for extra compensation as a result thereof.
1.4 CONSTRUCTION SEQUENCING CONSTRAINTS
A. No specific construction sequencing constraints other than those listed in this or other Specification sections have been determined at the time of Final Design.
B. Construction sequencing constraints will be developed by Design-Assist Team as necessary.
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01 14 03-4
Special Project Constraints
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City of Roseville December 2022
WWE Project: 21-060 BID SET
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01 29 03-1
Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 29 03
MEASUREMENT AND PAYMENT
PART 1 - MEASUREMENT
1.1 BID SCHEDULE DESCRIPTIONS
Bid Schedule Item No. 1 – Mobilization and Demobilization The LUMP SUM price paid shall include full compensation for bonds, insurance, required permits and fees, shop drawings, project phasing, supervision, coordination of concurrent work with other contractors, meetings, pre-construction documentation of project area (photos and HD video), “as-built” plans or record drawings, clean-up of the work area including removal of USA markings at project completion, movement of personnel, equipment, supplies, and incidentals to and from the project site, surveying, and resetting survey monuments; for the establishment of all other facilities necessary for work on the project, including temporary sanitation facilities for the workers; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items of work on the project site; for work and improvements called for or implied by the Contract Documents, which are not included in the other bid items but are required to complete the Work. Payment for mobilization at 10% of the lump sum bid price shall be made at the time of the first progress payment after the Contractor has purchased bonds and insurance. Fifty percent shall be paid when the Contractor has mobilized to the project site and initiated work. The remainder of 40% shall be paid at the time of last progress payment after all cleanup and demobilization is completed.
Bid Schedule Item No. 2 – Bypass Pumping
The LUMP SUM price is for this work shall include all necessary equipment, materials, and labor needed to provide bypass pumping on Sierra College Boulevard during construction.
Bid Schedule Item No. 3 – Traffic Control
The LUMP PUMP price shall include all necessary equipment, materials, labor, and miscellaneous items. Flagger must be dedicated solely to traffic control purposes and shall not be pulled to perform other work while an active flagger is required. Traffic control is to be in accordance with California Traffic Manual minimum recommended channelizer and sign spacing. This work shall include routing of pedestrian, vehicular, and construction traffic; furnishing labor, tools, equipment, materials and incidentals for implementing and providing the traffic control devices, phasing, signage, striping, and personnel in accordance with the Contract Documents.
Full compensation for Traffic Control, including all services, permits (Caltrans), material costs, delivery, installation, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City shall be considered as included in the lump sum price paid for Bid Item 5, Traffic Control, complete and in-place, and no additional compensation will be allowed therefor.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
Bid Schedule Item No. 4 – Pipe Installation Upstream of PS26 (Work Zone 1) The LUMP SUM price is for this work shall include all necessary equipment, materials, and labor needed to install the 12” SS between MH No. 2 and MH No. 1 in Work Zone 1: pipe bursting during construction, including excavation, shoring, and inspections during pipe bursting process. Open cut installation shall include the cost of, but is not limited to:
• Identifying the locations of existing subsurface utilities and connection points; • All pavement, curb, gutter and sidewalk saw-cutting, removal and replacement; • Trench excavation, backfill, compaction and safety;
• Imported bedding material;
• Sub-grade preparation and all compaction;
• Furnishing and installing VCP sewer pipe as indicated on the Drawings, including fittings and appurtenances;
• Disposal of excess excavated material;
• Removal and replacement where necessary of interfering portions of existing sewer pipes and improvements;
• Placing, joining, and retaining pipe, bends, adapters, couplings, vertical and horizontal offsets, restrained or harnessed joints, end caps, and other fittings not included in other bid items;
• Erosion and sediment control;
• Restoration of damaged and disturbed street improvements; and • Temporary resurfacing, permanent asphalt concrete and concrete resurfacing as needed; and
• Concrete cross gutter repair.
• All other labor, equipment and material incidental to the installation of the pipe, complete in place.
Full compensation for installing VCP and HDPE Pipe including all labor, equipment, materials, tools and incidentals, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City, shall be considered as included in the unit prices paid per linear food of pipe installed, complete and in place, and no additional compensation will be allowed therefor.
City shall install bells at existing structures. Work to make connections to the City-installed bells shall be included in this bid item.
Bid Schedule Item No. 5 – Furnish and Install New Weir Manhole (Work Zone 1) The UNIT PRICE is for this work includes furnishing and installation of new hybrid PVC weir manhole as detailed in Drawing C-10. Included in the cost is pavement cutting removal, excavating, shoring, furnishing and installing the new weir manhole with slide gate and weir blocks.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
Bid Schedule Item No. 6 – MH A08-010 to MH B08-196 (Work Zone 2) The UNIT PRICE is for this work shall include all necessary equipment, materials, and labor needed to install the 10” HDPE pipe between and connect to MH A08-010 and MH B08-196 in Work Zone 2: pipe bursting during construction, including excavation, shoring, and inspections during pipe bursting process.
Full compensation for installing HDPE Pipe including all labor, equipment, materials, tools and incidentals, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City, shall be considered as included in the unit prices paid per linear food of pipe installed, complet e and in place, and no additional compensation will be allowed therefor.
Bid Schedule Item No. 7 – MH B08-196 to B08-113 (Work Zone 3) The LUMP SUM price is for this work shall include all necessary equipment, materials, and labor needed to install the 12” SS between MH B08-196 and B08-113 in Work Zone 3: pipe bursting during construction, including excavation, shoring, and inspections during pipe bursting process. Open cut installation shall include the costs described in Bid Schedule Item No. 4.
Full compensation for installing VCP and/or HDPE Pipe including all labor, equipment, materials, tools and incidentals, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City, shall be considered as included in the unit prices paid per linear food of pipe installed, complete and in place, and no additional compensation will be allowed therefor.
City shall install bells at existing structures where open cut is utilized. Work to make connections to the City-installed bells shall be included in this bid item.
Bid Schedule Item No. 8 – MH B08-113 to MH B08-077 (Work Zone 4) The UNIT PRICE is for this work shall include all necessary equipment, materials, and labor needed to install the 12” HDPE pipe between and connect to MH B08-113 and MH B08-077 in Work Zone 4: pipe bursting during construction, including excavation, shoring, and inspections during pipe bursting process.
Full compensation for installing HDPE Pipe including all labor, equipment, materials, tools and incidentals, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City, shall be considered as included in the unit prices paid per linear food of pipe installed, complete and in place, and no additional compensation will be allowed therefor.
01 29 03-4
Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
Bid Schedule Item No. 9 – MH B08-077 to MH B08-062 (Work Zone 5) The UNIT PRICE is for this work shall include all necessary equipment, materials, and labor needed to install the 12” HDPE pipe between and connect to MH B08-077 and MH B08-062 in Work Zone 5: pipe bursting during construction, including excavation, shoring, and inspections during pipe bursting process.
Full compensation for installing HDPE Pipe including all labor, equipment, materials, tools and incidentals, and for conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the City, shall be considered as included in the unit prices paid per linear food of pipe installed, complete and in place, and no additional compensation will be allowed therefor.
Bid Schedule Item No. 10 – PS26 Improvements
The LUMP SUM price shall include all necessary equipment, materials, labor, and miscellaneous items to complete the following work:
• Demolish existing electrical control panel pad and switch board; • Install and connect new Control Panel and pad, Emergency Generator and pad, Electrical Instrumentation and Controls;
• Demolish existing fencing;
• Install new fencing and connect to existing fencing;
• PS26 bypass pumping;
• Remove and salvage existing PS26 submersible pumps, chains, guide rails, discharge elbows and DIP;
• Install new City-furnished submersible pumps and accessories, stainless steel and DIP piping in wet well;
Replace 12” DIP between MH No. 1 and PS26 Wet Well with 12” VCP via open cut installation including the costs described in Bid Schedule Item No. 4. City shall install bell at existing PS26. Work to make connections to the City-installed bell shall be included in this bid item.
PART 2 - GENERAL
2.1 GENERAL
A. Payment will be made at the price bid for each item listed on the bidding form or as extra work as provided in the General Conditions.
B. No initial progress payment (other than a single mobilization payment as described in Article 1. 3 below) will be made prior to ac ceptance by the ENGINEER of the CPM Construction Schedule, the associated Schedule of Costs, and the list of anticipated submittals.
C. No subsequent progress payment will be made prior to receipt by the ENGINEER of the monthly update of the Construction Progress Schedule, as specified in Sections 01 31 19, Project Meetings and 01 32 16, Progress Schedule.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
D. No subsequent progress payment will be made prior to receipt by the ENGINEER of Certified Payroll for the previous month.
2.2 SCHEDULE OF COSTS FOR PAYMENTS
A. Submit to the ENGINEER, within 5 days of acceptance of the Construction Schedule, five (5) copies of a Schedule of Costs. The Schedule of Costs shall be a form showing a detailed breakdown of quantities and prices of work and materials required to perform and complete the contract.
B. The Schedule of Costs shall provide a cost breakdown for each element detailed in the approved Construction Schedule. The total of the price breakdown must agree with the lump-sum price bid. The elements listed and price breakdown shall not be front end loaded or unbalanced, shall be subject to adjustment between the ENGINEER and the CONTRACTOR, and will be used as a basis for progress payments.
C. The Schedule of Costs will be used as a basis for determining the amount of the monthly progress payments.
D. Acceptance of the Schedule of Costs by the ENGINEER shall not relieve the CONTRACTOR of the responsibility of performing all the work needed to complete the project at the lump-sum price bid.
2.3 PAYMENT FOR MOBILIZATION
A. Mobilization Cost Breakdown:
1. As soon as practicable after receipt of the Notice to Proceed, the CONTRACTOR shall submit a breakdown to the ENGINEER for approval, which shall show the estimated value of each major component of mobilization.
2. When approved by the ENGINEER, the breakdown will be the basis for initial progress payments in which mobilization is included.
3. Said breakdown shall not be "front end loaded" or unbalanced.
B. One CONTRACTOR payment may be made prior to acceptance of the Construction Schedule, Schedule of Costs, and list of anticipated submittals.
1. Payment shall be limited to mobilization items only.
2. The Construction Schedule is described in Section 01 32 13, Simplified Project Schedule
3. Mobilization items are described in Section 01 71 13, Mobilization.
4. The Schedule of Costs is described in Paragraph 1.2 of this Section.
5. The list of anticipated submittals is described in Section 01 33 03, Submittal Procedures.
2.4 PROGRESS PAYMENTS
A. Progress Payment Request Submittal:
1. Unless otherwise mutually agreed, by the 25th of each month, the CONTRACTOR shall prepare and submit monthly progress payment requests for work completed through the 25th day of the month.
2. Said payment request shall be based on the breakdown of activitie s as specified in the Schedule of Costs described in Paragraph 1.2 above.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
3. The monthly schedule update shall be submitted as part of the monthly progress payment report.
B. The ENGINEER will review progress payment requests and make a determination of the percent completion of all activities (rounded to the nearest whole percent) based on an approximate measurement of all materials supplied and work performed.
C. In the event that the CONTRACTOR fails to provide the OWNER with an acceptable Monthly Contr act Record Drawing Submittal in accordance with Section 01 33 03, Submittal Procedures the OWNER shall deduct compensation for such monthly submittal as provided in Section 01 32 13, Simplified Project Schedule . Said deduction shall become the sole property of the OWNER.
D. Retention:
1. From the amount thus determined, five percent thereof will be deducted as retention by OWNER for performance security.
2. Acceptance of separate components shall not operate to release performance retention.
3. The amount of all payments previously made to the CONTRACTOR and any amounts due the OWNER from the CONTRACTOR for supplies, materials, services, damages, or otherwise deductible under the terms of the contract will be deducted fr om the remainder.
4. The remaining amount will be paid as a progress payment by the OWNER to the CONTRACTOR on the third Friday of the succeeding month or as soon thereafter as is practical.
E. In addition to the retention under Paragraph D above, the whole or part of any payment of the estimated amount due the CONTRACTOR may be withheld as an additional retention if such course be deemed necessary to protect the OWNER from loss due to the CONTRACTOR’s failure to perform any of the following: (1) meet CONTRACTOR’s payment obligations; (2) execute the work; (3) correct defective work; (4) settle damages as provided; or (5) produce substantial evidence that no stop notices will or have been filed, and/or if it has been determined that unpaid balances may be insufficient to complete the work.
F. All material and work covered by progress payments thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the OWNER’s right to require fulfillment of all of the contract terms. Said CONTRACTOR’s obligation extends through the close of the warranty period.
G. Payment for Materials:
1. No payment shall be made for materials stored offsite.
2. Payment may be made for those materials delivered to the site but not incorporated in the work to the extent that the materials are included in the Construction Schedule as cost-loaded material delivery activities.
3. Only material items manufactured specifically for this project and that cost individually in excess of $20,000 will be considered for partial payment as stored materials.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
4. Partial payment for materials delivered will not be made before the respective shop drawings, installation instructions and O&M manuals have been submitted, reviewed, and accepted in accordance with Section 01 33 03, Submittal Procedures.
5. To receive partial payment for materials delivered to the site, but not incorporated in the work, it shall be necessary for the CONTRACTOR to submit to the ENGINEER, at least 7 days prior to the end of said month, a list of such materials.
6. At their sole discretion, the ENGINEER will approve items for which partial payment is to be made.
7. The list of materials and invoices shall be clearly identified by referencing the associated activity or item on the price breakdown.
8. Partial payment for materials d elivered to the site or a bonded warehouse will be made in an amount equal to 75% of the respective suppliers ’ invoices(s) for the actual net cost for the item(s) delivered plus delivery charges.
9. The CONTRACTOR's actual net cost for the materials must be supported by invoices of suppliers.
10. Proper storage and protection of materials shall be provided by the CONTRACTOR.
Final payment shall be made only for materials actually incorporated in the work and, upon acceptance of the work, all materials remaining for which advance payments had been made shall revert to the CONTRACTOR, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the work.
2.5 FINAL PAYMENT AND RELEASE OF CLAIMS
1. Upon the comple tion of the work as determined by the ENGINEER, a Notice of Acceptance will be issued and recorded with the County.
2. The OWNER will pay to the CONTRACTOR within 35 days after filing of the Notice of Acceptance, or as soon thereafter as practicable, the re maining amount due the CONTRACTOR including retainage, less all prior payments and advances whatsoever to or for the account of the CONTRACTOR for supplies, materials, services, damages, stop notices, or otherwise deductible under the terms of the contract.
3. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment, which throughout this contract is called "Final Payment".
2.6 RELEASE OF CLAIMS:
A. Neither the final payment nor any part of the retained percentage shall become due until the CONTRACTOR shall have delivered to the OWNER a complete release of all claims against the OWNER arising under and by virtue of this contract and related to undisputed amounts, including claims of Subcontractors and suppliers of either materials or labor.
B. If disputed contract claims in stated amounts are unresolved 35 days after issuance of the Notice of Acceptance, a progress payment of undisputed amounts and retained funds will be made by OWNER upon receipt of a rele ase specifically excluding the disputed contract claims.
C. Claims by the OWNER against the CONTRACTOR for liquidated damages or actual damages or other causes will be a valid basis for withholding of funds by the OWNER.
D. Upon resolution of disputed claims the CONTRACTOR shall execute a supplemental release and, upon delivery the OWNER will make final payment.
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Measurement and Payment
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
PART 3 - PRODUCTS (NOT USED)
PART 4 - EXECUTION (NOT USED)
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01 31 19-1
Project Meetings
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 31 19
PROJECT MEETINGS
PART 1 - GENERAL
1.1 PRE-CONSTRUCTION CONFERENCE
A. Upon receipt of the Notice to Proceed, or at an earlier time if mutually agreeable, the ENGINEER will arrange a preconstruction conference to be attend ed by the CONTRACTOR's superintendent or other project representative authorized to commit on the behalf of the CONTRACTOR and to direct the performance of the work by others, the CITY, the ENGINEER or ENGINEER’s representative, and representatives of util ities, major subcontractors, and others involved in the execution of the Work.
B. The purpose of this conference will be to establish a working relationship and understanding between the parties and to discuss subjects as may be pertinent for the execution of the work.
C. CONTRACTOR shall be prepared to discuss the following subjects, as a minimum:
1. Required schedules.
2. Status of Bonds and insurance.
3. Sequencing of critical path work items.
4. Progress payment procedures.
5. Project changes and clarification procedures.
6. Use of site, access, and storage areas, security and temporary facilities.
1.2 PROGRESS MEETINGS
A. The ENGINEER will arrange and conduct progress meetings. The ENGINEER will prepare and circulate a draft agen da of each meeting. The CONTRACTOR may add items as appropriate to the draft agenda.
B. Progress meetings will be conducted on a regular basis, at such frequency as the CITY and CONTRACTOR may mutually agree. Progress meetings shall be attended by the ENGINEER, CITY Operations personnel, CONTRACTOR's superintendent or other project representative, and representatives of all subcontractors involved in the work at the time of the meeting, required by the CONTRACTOR, or requested by the CITY.
C. The purpose of the meetings will be to facilitate the work of the CONTRACTOR and any subcontractor or other organization that is not up to schedule, resolve conflicts, identify and resolve any potential delays or necessary changes in the wo rk and in general, coordinate and facilitate the execution of the Work.
D. The agenda of progress meetings shall include review of work progress, the latest Construction Schedule submittal (monthly), potential project delays, the status of key shop drawings, submittal reviews, information requests, safety concerns, record drawings, and extra work items.
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Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
1.3 CONSTRUCTION SCHEDULE REVIEW
A. The Construction Schedule will be reviewed weekly during an agreed upon progress meeting to verify at a minimum:
1. Actual start and finish dates of completed activities since the last progress meeting.
2. Durations and progress of all activities not completed.
3. Critical submittals/materials delivery problems.
4. Potential project delays.
5. Any activity behind schedule and CONTRACTOR's plan to bring it back on schedule.
6. Reason, logic, time, and cost data for Change Order work that is to be incorporated into the Construction Schedule or payment request form.
7. Payment due to the CONTRACTOR based on percentage complete of items in the submittal payment request form.
B. At the progress meeting, the CONTRACTOR shall provide an update of the Construction Schedule as described in Section 01 32 13, Progress Schedule.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
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01 32 13-1
Project Schedule
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 32 13
PROGRESS SCHEDULE
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The work specified in this Secti on includes the CONTRACTOR’s preparation, submittal, maintenance and use of a Critical Path Method (CPM) Construction Schedule to plan and monitor construction progress for the project.
B. The requirements specified under Section 01 33 03, Submittal Procedures, also apply to the Construction Schedule initial submittal(s) and subsequent updates and revisions.
1.2 PREPARATION AND SUBMITTAL PROCEDURE
A. Schedule Preparation and Submittal:
1. The CONTRACTOR ’s on -site construction supervisor (superintendent, project manager, e tc.) shall be directly involved in preparation of the Construction Schedule.
2. The Construction Schedule shall be completed and submitted to the ENGINEER within 30 days after Notice to Proceed.
a. By preparing and submitting the Construction Schedule the CONTRACTOR represents that the CONTRACTOR can and intends to execute the work and portions thereof within the specified times and constraints and that the CONTRACTOR’s bid covers the costs associated with the execution of work in accordance with the Construction Schedule.
3. At the time of submittal of the Construction Schedule , CONTRACTOR’s on -site construction supervisor shall review the schedule with ENGINEER’s construction project representative.
4. If the initial Construction Schedule submittal is not acceptable to the ENGINEER, it shall be revised in coordination with observations and comments from the ENGINEER and resubmitted within 7 days of the return of the schedule to the CONTRACTOR.
1.3 CONSTRUCTION SCHEDULE CONTENT
A. The Construction Schedule shall be calendar -based, time -scaled, and show the durations of and relationships between the various work activities.
B. Work activities shall be selected which reflect actual work to be performed for this specific project. No generic work activities shall be allowed.
1. Work ac tivities shall include non -construction activities such as submittal preparation and review, manufacturing, equipment delivery, mobilization, preparation of Contract Record Drawings, etc. for a complete picture of the CONTRACTOR’s plan for project execution.
2. Information on each activity shall include:
a. Concise description of the activity.
b. Duration in working days.
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Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
c. The dates for the beginning and completion of each activity. d. The relationship of each activity to other activities.
3. No work activity shall be longer than 10 working days. a. Work tasks which will take longer than 10 working days shall be broken down into several work activities which are no longer than 10 working days. b. Each work activity must be defined clearly and measurable. For example, a series of work activities such as “Building 1, east wall piping; Building 1, west wall piping; Building 1, north and south wall piping”, each with a duration less than 10 days would be acceptable. A series of work activities all labeled “Building 1 Piping”, even if each had a duration less than 10 days, would not be acceptable because the tasks are not defined clearly or measurable.
4. Provide a monthly activity for preparation of Contra ct Record Drawings, in accordance with Section 01 33 03, Submittal Procedures with a minimum monthly cost of $2,500.
C. The schedule shall be referenced to calendar dates, and the beginning of the contract time shall be the date of receipt of the Notice to Proceed.
D. Failure to include an activity required for the execution of the work shall not excuse the CONTRACTOR from completing the work and portions thereof within the specified times and at the price specified in the Agreement, and from meeting the constraints specified for sequence of work and control dates.
1.4 UPDATING THE CONSTRUCTION SCHEDULE
A. The CONTRACTOR shall review and discuss the project progress relative to the most up to date Construction Schedule (updated monthly) at the weekly progress meetings, as specified in Section 01 31 19, Project Meetings.
B. The schedule update shall reflect progress to date. The schedule update shall incorporate all revisions to logic and duration.
1.5 ADJUSTMENT OF THE CONTRACT TIME AND CHANGE ORDERS A. Adjustments of the contract time due to delays, additional work, or any other cause will only be issued through a contract change order in accordance with the General Conditions.
1. The CONTRACTOR shall include, as part of each change order proposal for which the CONTRACTOR is requesting an adjustment in the contract duration, a proposed revised Construction Schedule.
2. The proposed revised Construction Schedule shall be compared to the most recent Construction Schedule to assess overall schedule impact.
3. If a Change Order is issued by the OWNER, the CONTRACTOR shall incorporate the Change Order into the Construction Schedule.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
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City of Roseville December 2022
WWE Project: 21-060 BID SET
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01 33 03-1
Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01330
SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.1 GENERAL
A. General:
1. This Section outlines in general the items that the CONTRACTOR must prepare or assemble for submittal during the progress of the Work.
2. There is no attempt herein to state in detail all of the procedures and requirements for each submittal.
3. The CONTRACTOR's attention is directed to the individual Specification Sections in these Contract Documents , which may contain additional and s pecial submittal requirements.
4. The CITY reserves the right to direct and modify the procedures and requirements for submittals as necessary to accomplish the specific purpose of each submittal.
5. The CONTRACTOR shall anticipate resubmitting submittals for major pieces of equipment and for control systems.
6. Should the CONTRACTOR be in doubt as to the procedure, purpose, or extent of any submittal, inquiries shall be directed to the ENGINEER.
B. Schedule of Submittals:
1. Within 30 working days after the Notice to Proceed, CONTRACTOR shall submit all submittals to start construction including, but not limited to, any priority submittals identified during the Design-Assist process.
2. This list shall be updated with "late start" submittal dates within 15 working days of submittal of the CONTRACTOR's Construction Schedule.
3. The submittal dates shall be updated upon approval of the Construction Schedule and periodically thereafter.
4. Any additional submittals shall also be included in updates.
5. Additional submittals and resubmittals shall be provided in a timely manner without delaying the project.
1.2 ADMINISTRATIVE SUBMITTALS
A. The CONTRACTOR is reminded of their obligation as required by law to make required submittals promptly to the applicable federal, state, or local agency. Failure to comply with this requirement may result in the withholding of progress payments and make the CONTRACTOR liable for other prescribed action and sanctions.
B. The CONTRACTOR shall submit to the ENGINEER a copy of all letters relative to the Contract, transmitting notifications, reports, certifications, certified payrolls, and the like, that the CONTRACTOR submits directly to a federal, state, or other governing agency.
C. During the performance of the Contract, the CONTRACTOR shall maintain on a daily basis, and submit to the ENGINEER as requested, full and correct information as to the number of persons emp loyed in connection with each subdivision of the work, the classification, rate of pay, citizenship status, and address of each person, and the cost,
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
source, and amount of each class of materials delivered, equipment received, and major construction equipment used in each subdivision of the work.
D. Certified Payroll:
1. No later than the 25th day of each month, the CONTRACTOR shall submit to the ENGINEER a copy of the CONTRACTOR’s certified payroll for the previous month, and if requested, copies of certified payrolls for Subcontractors.
2. The payrolls shall include for each employee the full name, address and social security number; the correct classification and rate of pay (including rates of contributions for, or costs assumed to provide v arious fringe benefits ); daily and weekly hours worked; itemized deductions and actual wages paid.
3. The certified payrolls shall be on State of California forms.
1.3 TECHNICAL SUBMITTALS
A. General:
1. Requirements in this Section are in addition to any specific requirements for submittals specified in other divisions and Sections of these Contract Documents.
2. Submittal Contents and Numbering:
a. Each submittal shall have the specification Section and applicable paragraph number clearly identified on the front of the submittal transmittal form for each item submitted. The number shown on the transmittal form for each item shall be labeled in the content of the submittal. For example, if Item 1 is a ball Valve and Item 2 is a gate valve then the cut she ets for each res pective valve shall be labeled Item 1 and Item 2.
b. Each submittal shall be sequentially numbered starting with the first one delivered for each spec section. For example, the first submittal for Section 02 41 03 should be 02 41 03-1-0.
c. Resubmittals shall include the number of the original submittal plus the suffix "-1" for the first resubmittal, "-2" for the second resubmittal. For example, a second resubmittal would be shown as 02 41 03-1-1. Each resubmittal shall be the whole version of the corrected submittal, and shall not reference past versions. Each resubmittal shall include all items including items previously marked as NET. d. Submittals not conforming to these requirements will be rejected. e. If several items (i.e. different types of valv es) are combined into the same submittal, none of the ite ms will be approved for installation until the entire submittal is accepted.
3. Submitted data shall be fully sufficient in detail for determination of compliance with the provisions and intent of the Contract Documents.
4. Coordination Responsibilities:
a. Shop drawing submittal and coordination are the responsibility of the CONTRACTOR; this responsibility shall not be delegated in whole or i n part to Subcontractors or suppliers.
b. Designation of work "by others," if shown on shop drawings, shall mean that the work will be the responsibility of the CONTRACTOR rather than the Subcontractor or supplier who has prepared the shop drawings.
5. No equipment or material for which listings, drawings, or descriptive materia l is required shall be fabricated, purchased, or installed until the ENGINEER has reviewed and accepted such lists, final shop drawings, or other descriptive material.
Installation of s uch equipment or mate rial without accepted submittals will be considered defective work.
6. Submittal Review Time:
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
a. Submittals will be acted upon by the ENGINEER as promptly as possible and returned to the CONTRACTOR not later than the time allowed for review in Paragraph 1.3.B.2 below.
b. The CONTRACTOR shall provide in their Construction Schedule the time for CITY review of each submittal (and resubmittal for major equipment and control systems) in accordance with the allowable time specified herein and in Section 01 32 13, Progress Schedule.
c. This required time for CITY review shall not be a cause fo r delay in contract completion nor shall it be a reason for an extension of contract time. d. If the CONTRACTOR is required by the CITY to resubmit data, then neither the time required for the CONTRACTOR to prepare and resubmit such data, nor the required time for CITY review, shall be a cause for delay in contract completion or for an extension of contract time.
e. Responsibility for time required for preparing and submitting required data shall be assigned solely to the CONTRACTOR.
7. Excessive Submittal Review:
a. It is considered reasona ble that the CONTRACTOR shall make a complete and acceptable submittal to the ENGINEER by the second submission of a submittal item.
b. Additional costs of the ENGINEER's review beyond the second submission shall be the responsibility of the CONTRACTOR and may be deducted from the monthly progress payments.
c. This applies to all submittals including shop drawings.
8. Changes After Review:
a. After a submittal has been reviewed and accepted, no changes or substitutions in that submittal will be allowed without the ENGINEER's approval. b. If allowed, the CONTRACTOR will be responsible for the additional costs for engineering, administrative, clerical or other work required for additional review.
9. Intent of Review:
a. Shop drawings will be reviewed for general conformance with the drawings and specifications.
b. The intent of the review is to determine if the CONTRACTOR is submitting materials and equipment w hich are in general conformance with the Contract Documents.
c. Detailed review of dimensions, sizes, space requirements, coordination with other equipment, and other construction details is not performed. d. Additional work and costs, resulting from errors in the shop drawings shall be the CONTRACTOR's responsibility and liability.
e. Accuracy, coordination, and completeness of shop draw ings shall be the sole responsibility of the CONTRACTOR, including responsibility to backcheck comments, corrections, and mod ifications from the ENGINEER's review before fabrication.
10. The CONTRACTOR shall indicate on the submittal transmittal form if and ho w the submittal deviates from the contract requirements. In addition, CONTRACTOR shall include a cop y of the relevant speci fication section in its entirety marked with ACCEPT/DEVIATE next to each paragra ph. Failure to include this documentation is grounds for ENGINEER to reject and return the Submittal to the CONTRACTOR for resubmission.
11. Rebar Shop Drawings:
a. The CONTRACTOR shall supply the ENGINEER with a copy of all reinforcing steel detail drawings.
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
b. Changes to the Contract Documents made by the CONTRACTOR in reinforcing steel shop drawings shall be called out in the letter of submittal. c. Such changes will not be acceptable unless the ENGINEER has expressed consent to such changes in writing.
12. Submittals of shop drawings, layout diagrams, catalog cuts and da ta, test reports, and information in sufficient detail to show complete compliance with all specified requirements shall be furni shed to the ENGINEER, covering but not limited to the following items (as applicable):
Aggregate Base Course
Asphalt mixes
Caulking and sealing compounds
Chemical systems
Concrete mixes
Control panels
Demolition plan
Detection systems
Electrical conduit, wire and specials
Electrical fixtures and appliances
Electrical load centers
Electrical substations
Electrical conduit, wire and specials
Engineered fill
Engines and appurtenances
Equipment provided by the CONTRACTOR
Fences, barricades and gates
Gas monitoring systems
Generators and appurtenances
Glazing
Grating
Gravel bedding
Grout
Hardware
Imported fill
Indicators
Instrumentation
Landscaping
Lights and lighting fixtures
Meters
Miscellaneous fabricated metals
Motor control centers
Motors, starters and controls
Paints, coatings and finishes
Pipe, fittings and specials
Pipe supports and anchors
Planting plan
Plumbing fixtures
Precast concrete elements
Pressure gauges
Primary elements
Programmable logic controllers
Pumps
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
Recorders
Reinforcing steel and layout drawings
Sheet pile, shoring and bracing
Signs
Structural steel
Temporary bypasses
Temporary dewatering systems and equipment
Valve and gate operators and controllers
Valves and gates
Variable frequency drives
B. Submittal Procedure:
1. The CONTRACTOR shall submit to the ENGINEER for review one (1) electronic copy of each submittal (shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items furnished under this Contract, etc.)
2. Shop drawings shall be submitted in sufficient time to allow the ENGINEER not less than twenty (20) working days for examining the shop drawings except for designs for turnkey items for which thirty (30) working days will be allowed, and substitutions for which (40) working days will be allowed.
3. Shop drawings shall be accurate, distinct, and complete, and shal l con tain all required information, including satisf actory identifi cation of items, units, an d assemblies in relation to the Contract Drawings and Specifications.
4. CONTRACTOR Certification:
a. Shop drawings shall be submitted only by the CONTRACTOR, who shall indicate by a signed stamp on the shop drawings, or other approved means, that the CONTRACTOR has checked and approved the shop drawings, and that the work shown is in accordance with Contract requirements and has been chec ked for dimensions and relationship with work of all other trades involved. b. Submitting incomplete or unchecked shop drawings for the ENGINEER to correct or finish will not be acceptable, and shop drawings that, in the opinion of the ENGINEER, indicate that they have not been checked by the CONTRACTOR will be rejected and returned to the CONTRACTOR for resubmission in the proper form.
5. Return of Reviewed Submittals:
a. When the shop drawings have been reviewed by the ENGINEER, the appropriate number of submitt als will be returned to the CONTRACTOR appropriately stamped.
b. If major changes or corrections are necessary, the shop drawing will be rejected and returned to the CONTRACTOR with the need for such changes or corrections indicated.
c. The CONTRACTOR shall correct and resubmit rejected shop drawings in the same manner and quantity as specified for the original submittal. d. If changes are made by the CONTRACTOR (in addition to those requested by the ENGINEER) on the resubmitted shop drawings, such changes sha ll be clearly explained in a transmittal letter accompanying the resubmitted shop drawings.
6. The review of such shop drawings and catalog cuts by the ENGINEER shall not relieve the CONTRACTOR from responsibility for correctness of dimensions, fabrication details, coordination with other work, and space requirements, or for deviations from the Contract Drawings or Specifications, unless the CONTRACTOR has called attention to such deviations in writing by a letter accompanying the shop drawings and the ENGINEER approves the change or deviation in writing at the time of submission; nor
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
shall review by the ENGINEER relieve the CONTRACTOR from the responsibility for errors in the shop drawings.
7. The CONTRACTOR agrees that shop drawing submittals processed by the ENGINEER do not become Contract Documents and are not Change Orders; that the purpose of the shop drawing review is to establish a repor ting procedure and to permit the ENGINEER to monitor the CONTRACTOR's progress and understanding of the design.
C. Shop Drawi ng Requirements: Shop drawings r eferred to herein shall include shop drawings, catalog cuts a nd information schematic diagrams, and ot her submittals for both shop and field-fabricated items. The CONTRACTOR shall submit, as applicable, the following for a ll prefabricated or manufactured structural items, material, and equipment:
1. General:
a. For struct ures, submit all shop, setting, equipment , miscellaneous iron and reinforcement drawings and schedules necessary for construction. The foregoing shall include detailed "pour drawings" which shall show the sequence of concrete placement, and the type, quantity and location of all embedment items (sleeves, anchor bolts, door frames, etc.)
b. For pipelines, submit a detailed layout of the pipeline with details of clearances for crossings, bends, closure pieces and fabricated specials and furnish any other details necessary.
c. For trench excavation, submit detailed plan showing the design of sho ring, bracing, sloping or other provisions necessary for safety. d. For boring and jacking, submit a detailed description of the process to be used. e. For equipment which requires electrical service, submit detailed infor mation to show power supply requirements , MCC and c ontrol panel, elevations, wiring diagrams, control and protection sc hematics, shop test data, operati on an d maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment.
f. For mechanica l equi pment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, anchorage requirements, manufacturer's recommended installa tion procedure, detailed installation drawings, test data and curves, operation and maintenance manuals, and other details necessary.
g. For architectural fabricat ion submit all data pertinent to the installation of the fabrications, including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, and other details necessary. h. For shop drawings or equipment drawings, includi ng dimensions, size , and location of connections to other work, and weight of equipment. i. Installation or placing drawings for equipment, drives, and bases. j. Supporting calculation s for equipment and associated supports, or hangers required or specified to be designed by equipment manufactur ers, including seismic restraint information and details.
k. Complete coating manufacturer's specifications, including materials description and paint system.
l. Performance data and head vs. flow curves for compressor and pumps. m. Suggested spare parts list with current price information. n. List of special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those w hich have been specially designed or adapted for use on parts of the equipment, and which are not customarily an d routinely carried by maintenance mechanics.)
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City of Roseville December 2022
WWE Project: 21-060 BID SET
o. List of special tools furnished with the equipment.
p. List of materials and supplies required for t he equipment prior to and during startup.
q. Installation instructions.
r. List of materials and supplies furnished with the equipment. s. Samples of finish colors for selection.
t. Special handling instructions.
u. Requirements for storage and protection prior to installation. v. Requirements for routine maintenance required prior to plant startup. w. Startup and operating instructions.
x. Seismic design calculations and restraint details for equipme nt and piping supports. Calculations shal l be stamped by a Civil or Structural Engineer registered in the State of California.
2. Electrical:
a. Wiring and control diagrams of systems and equipment . Local control panel details.
b. List of special motor features bei ng provided ( e.g., space heaters, altitud e corrections, thermal protectors, mounting arrangement, etc.). c. Complete motor rating for all motors, including moto r no-load, starting, and full-load current at rated voltage; full -load speed and full -load current at 110 percent voltage; motor service factor; motor efficiency and power factor at 1/2, 3/4, and full-load at rated voltage; recommended maximum kVAR of power factor correction capacitors when capacitors are switched with motor. d. See Division 26, ELECTRICAL, for additional specific submittal requirements.
3. Instrumentation and Control:
a. See Technical Sections for additional specific submittal requirements. b. The sub mittals shall include satisfactor y ide ntification of items, units, and assemblies in relation to th e Specification Section number, and the s ystem or equipment identification or tag number shown on the Drawings, the Process and Instrumentation Diagram (P&ID ), or as provided in applicable S pecification Section.
D. Submittals required for foreign-manufactured items:
1. In addition to the submittal requ irements stated above, suppliers of foreign-manufactured items shall submit the names and addresses of companies within the United States that mainta in te chnical service representatives and a complete inventory of s pare parts and accessories for each forei gn-made item proposed for incorporation into the work. Failure to provide the foregoing capabilities shall be just cause for rejection of the foreign-manufactured items.
E. Final shop drawings to be submitted to CITY:
1. Complete sets of reproducible (full size mylar or vellum base) final shop dr awings shall be submitted to the CITY before, or at the time of, delivery of equipment onto the site.
F. Seismic loading design provisions:
1. All equipment supports that are not specifically detailed on the Drawings or specified herein shall be the responsibil ity of the equipment manufacturers and shall be designed by a Civil or Structural Engineer registered in the State of California.
2. The design shall be in accordance with the seismic provisions of the latest edition of the 2016 edition of the California Buil ding Code (CBC) and of the seismic design
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Submittal Procedures
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City of Roseville December 2022
WWE Project: 21-060 BID SET
requirements listed in Section 01 61 03, General Product Requirements, in addition to all other loading conditions.
G. Submittal of interface information (connection and correlation with other work):
1. Where called for in the Specifications, and as determined necessary by the ENGINEER to provide proper correlation with other equipment, complete interface information shall be submitted.
2. This interface information shall be accurate and contain all information necessary to allow the c ompletion of detailed design and construction of the interfacing or connecting work.
3. The CONTRACTOR shall include in their negotiation for subcontract work, such agreements as may be necessary to ensure the accuracy of Subcontractor’s interface submittal information.
4. In the event additional costs are incurred due to subsequent changes to information given in said interface information, such additional costs shall be borne by the CONTRACTOR.
H. Record Drawings
1. The CONTRACTOR shall d eliver to the OWNER one complete set of final Record Drawings for OWNER records before the contract will be accepted by the OWNER.
The Record Drawings will consist of a set of reproducible drawings of all CONTRACTOR supplied equipment (including control systems) and a marked-up set of Contract Record Drawings.
2. Record Drawings of CONTRACTOR-Supplied Equipment
a. Drawings shall be provided in electronic pdf form.
b. The overall dimensions of each drawing submitted to t he ENGINEER shall be equal to one of the OWNER's standard sheet sizes. The title block area in the lower right hand corner of each drawing shall be clear of all linework, dimensions, details, and notes, except for the CONTRACTOR's title block. The dimensions of the title block area are minimum and are measured from the edges of the drawing sheet.
DRAWING FORMAT
Sheet Sizes
Height x Width
Title Block Area
Height x Width
11" x 8-1/2" 2-1/2" x 3-3/4"
11" x 17" 3" x 4"
22" x 34" 3-1/2" x 8"
3. Contract Record Drawings
a. The CONTRACTOR shall keep an up-to-date set of marked-up Contract Drawings on an OWNER-supplied set of Drawings.
b. The OWNER-supplied set of Drawings will consist of one set of full -size sepia reproductions of the Contract Drawings, supplied to the CONTRACTOR at the start of the work.
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Submittal Procedures
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City of Roseville December 2022
WWE Project: 21-060 BID SET
c. During the progress of the work, the CONTRACTOR shall record on the Contract Record Drawings any changes from or additions to the work described in the Plans and Specifications.
d. All information recorded on the Contract Record Drawings shall be clearly legible. e. Information to be recorded on the Contract Record Drawings shall include, but not be limited to, the following:
1) Actual routing of electrical conduits, whose routing is only indicated in general on the Drawings.
2) Actual location of manhole structures.
3) Actual alignment of all installed pipe.
4) Specific details of pipe connections, and manhole structures. 5) Specific details on the installation and connection of mechanical and electrical equipment.
6) Field dimensions where they differ from those shown on the Drawings. 7) Additions to and/or deletions from the work, including all contract change orders.
8) Other details showing as-built conditions, which are shown differently or only in general on the Drawings.
9) Addenda.
10) Location of buried features located during construction except utility service connections.
f. It is the CONTRACTOR's responsibility to ensure that any changes, deletions, specific construction details, etc., performed by a Subcontractor are recorded on the Contract Record Drawings.
g. Location Survey:
1) The CONTRACTOR shall professionally survey the lateral and vertical position of anything buried underground as part of this Contract to within one inch accuracy of the benchmark and baseline provided by the OWNER. 2) The survey information shall be included on the record drawings and the CONTRACTOR shall not be allowed to cover the buried materials until after the OWNER’s inspector has verified the information as accurate and complete, and is shown on the record drawings.
h. Once every m onth, starting from the completion of mobilization as defined in Section 01 71 13, Mobilization, the CONTRACTOR shall provide the OWNER with a copy of the then up -to-date set of marked -up Contract Record Drawings in accordance with the pro visions under Section 01 29 03, Measurement and Payment, and Section 01 32 16, Project Schedule.
i. At the end of the work, prior to Project Closeout, the CONTRACTOR shall provide the OWNER with the Contract Record Drawings, showing all "as-built" conditions. j. See also Section 01 77 03, Operational Completion and Project Closeout.
I.
I. Operation and Maintenance (O&M) Manuals:
1. The CONTRACTOR shall furnish five (5) hard-copies (if requested by the Owner at project completion ) and two (2) electronic cop ies on USB drives of a complete instruction manual for installation, operation, maintenance, and lubrication requirements for each component of mechanical and electrical equipment or system.
2. All equipment manufacturers shall be made aware of these requirements and all associated costs shall be included in the costs for furnishing the equipment or system.
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WWE Project: 21-060 BID SET
3. O&M Submittal Review Checklist:
a. The CONTRACTOR shall include a completed O&M Manual Submittal Review Checklist (copy included at the end of this Section) with eac h O&M manual submittal.
b. The checklist shall indicate that the O&M manual as submitted complies in all respects to the contract requirements.
c. Any O&M manual submitted without a completed checklist will be rejected.
4. The manuals shall be furnished to the ENGINEER upon the delivery of the respective equipment.
5. No payment will be made for equipment or materials or equipment installation before the respective O&M manuals have been approved by the ENGINEER.
6. Each O&M manual shall be complete in all respects for a ll equipment, controls, accessories, and associated appurtenances.
7. Each O&M manual shall include, but not be limited to, the following:
a. Diagrams and illustrations, including pump curves indicating operating points. b. Detailed description of the function of each principal component of the system. c. Performance and nameplate data.
d. Installation instructions.
e. Starting procedure
f. Proper adjustment procedure.
g. Test procedures.
h. Operating procedure.
i. Shutdown instructions.
j. Emergency operating instructions and troubleshooting guide. k. Safety instructions.
l. Maintenance and overhaul instructions which shall include detailed assembly drawings with part numbers, parts list, instructions for ordering spare parts, and complete preventive maintenance instructions required to ensure satisfactory performance and longevity of the equipment.
m. Lubrication instructions which shall list points to be greased or oiled, shall recommend type, grade, and temperature rang e of lubricants, and shall recommend frequency of lubrication.
n. List of electrical relay settings and control and alarm contact settings. o. Electrical interconnection wiring diagram for equipment furnished, including al l control and lighting systems.
p. Recommendations for spare parts and special tools.
8. Hard-Copy O&M Manuals:
a. Each copy o f the manual shall be assembled in one or more hard-back type three-ring binders, each with title page, typed table of contents, and heavy section dividers with numbered plastic index tabs.
b. Cover label and title page shall be clearly labeled to designate the project title, project number, Specification Section where the item is specified, system or equipment for which it is intended with reference to the facility, equipment number, and equipment manufacturer name.
c. Typed table of contents for the entire set, identified by volume number, shall appear in each binder.
d. Each manual shall be divided into sections paralleling the equipment specifications.
e. All data shall be hole-punched for binding and composition and printing shall be arranged so that punching does not obliterate any data.
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City of Roseville December 2022
WWE Project: 21-060 BID SET
f. Pages larger than 8-1/2” x 11” shall be folded, showing title block or optionally included in binder pockets.
g. Where more than one binder is required, they shall be labeled "Vol. 1", "Vol. 2", and so on.
h. Submit manual organization and format to the ENGINEER for approval prior to manual preparation.
9. Electronic O&M Manuals:
a. In addition to the designated number of hard -copies for each required Manufacturer’s O&M manual, provide an electronic copy, each on its own separate compact disc/s (CD-ROM).
b. The CD-ROM shall contain one full version of the O&M manual in Adobe’s Portable Document File (PDF) format.
c. In addition, the CD-ROM shall contain the separate text and drawing files used to create the PDF O&M manual.
d. An index shall be provided on the CD-ROM as a separate text file with the name “index” and shall include the file name and detailed description of each individual file included on the CD-ROM.
e. The CD-ROM and the CD-ROM case shall be labeled with the Project title, Project number, Specification section, equipment number, equipment name, and equipment manufacturer name.
10. Manuals shall be transmitted to the ENGINEER upon delivery of the equipment and all equipment shall be serviced in accordance with the manufacturer's recommendations prior to operation. A service record shall be maintained on each item of equipment and shall be delivered to the ENGINEER prior to final acceptance of the project.
J. Manufacturers' certificates and proper installation:
1. The CONTRACTOR shall submit manufacturers' certificates of proper installation for items of equipment as spe cified under Section 01 75 06, Testing, Training and Startup.
K. Samples and test specimens:
1. Where required in the Specifications, and as determined necessary by the ENGINEER, test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work shall be submitted to the ENGINEER at the CONTRACTOR's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable.
2. All samples and test specimens shall be submitted in ample time to enable the ENGINEER to make any tests or examinations necessary, without delay to the work.
The CONTRACTOR will be held responsible for any loss of time due to their neglect or failure to deliver the required samples to the ENGINEER, as specified.
3. The CONTRACTOR shall submit additional samples as required by the ENGINEER to ensure equality with the original approved sample and/or for determinati on of Specification compliance.
4. Laboratory tests and examinations that the OWNER elects to make in its own laboratory will be made at no cost to the CONTRACTOR, except that, if a sample of any material or equipment proposed for use by the CONTRACTOR fails to meet the Specifications, the cost of testing subsequent samples sh all be borne by the CONTRACTOR.
5. All tests required by the Specifications to be performed by an independent laboratory shall be made by a laboratory approved by the ENGINEER. Certified test results of all
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Submittal Procedures
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City of Roseville December 2022
WWE Project: 21-060 BID SET
specified tests shall be submitted in duplicate to the ENGINEER. The samples furnished and the cost for the laboratory services shall be at th e expense of the CONTRACTOR and included in the prices bid for the associated work.
6. Approved sample items (fixtures, hardware, etc.) may be incorporated into the work upon approval, and when no longer needed by the ENGINEER for reference.
L. Material and equipment colors:
1. The ENGINEER will provide a schedule of selected colors within 30 days after approval of materials and equipment, and after receiving samples of the manufacturers' standard colors for those items requiring OWNER's selection.
M. Certificates of Compliance:
1. A Certificate of Compliance shall be furnished for materials specified to a recognized standard or code prior to the use of any such materials in the work.
2. The ENGINEER may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance.
3. 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 respects with the requirements of the Specifications.
4. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
N. Quality Assurance
1. Source limitations: To the greatest exte nt possible for each unit of work, the CONTRACTOR shall provide products, materials, or equipment of a singular generic kind from a single source.
2. Compatibility of options:
a. Where more than one choice is available as options for CONTRACTOR's selection of a product, material, or equipment, the CONTRACTOR shall select an option which is compatible with other products, materials, or equipment already selected.
b. Compatibility is a basic general requirement of product/material selections.
O. Review by ENGINEER
1. After review by the ENGINEER of each of the CONTRACTOR's submissions, the material will be returned to the CONTRACTOR with actions defined as follows:
a. NO EXCEPTIONS TAKEN: Accepted subject to its compatibility with further submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown in the partial submittal.
b. MAKE CORRECTIONS NOTED: Same as 1.a., except that minor corrections as noted shall be made by the CONTRACTOR.
c. REVISE AND RESUBMIT: Rejected because of major inconsistencies or errors which shall be resolved or corrected by the CONTRACTOR prior to sub sequent review by the ENGINEER.
d. REJECTED - RESUBMIT: Submitted material does not con form to Plans and Specifications in major respect, e.g., wrong item, wrong size, model, capacity, or material.
2. Review actions (a) and (b) above cons titute acceptance by the ENGINEER of the submittal.
P. Requests for Information
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Submittal Procedures
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
1. Requests for Information about the Contract Documents shall be directed by the CONTRACTOR to the ENGINEER using a Request for Information (RFI) form as agreed to by the OWNER and the ENGINEER. Such requests shall not be transmitted directly to the ENGINEER from a Subcontractor or Supplier.
2. A separate form shall be used for each specific item for which information is required.
Requests for Information for more than one item us ing a single RFI form will be permitted only when the items are so functionally related that expediency indicates review of the group of items as a whole.
3. The ENGINEER will reply to the CONTRACTOR's Request for Information as soon thereafter as practicable.
Q. Construction Photographs
1. Provide photographs showing the preconstruction site, construction progress, and the post-construction site.
2. Format: Photographs shall be digital format
a. Digital Format:
1) Digital photos shall be taken with a minimum 3. 5 mega pixel density and provided in JPG format.
2) Digital photo files shall be pr ovide on a CD accompanied by a text file that lists the file name, date photo was taken, and brief d escription of the photograph and location where the photograph was taken.
3. Take a minimum of 50 photos of the preconstruction site and the property adjacent to the perimeter of the construction site. Particular emphasis shall be directed to structures both inside and outside the site, or as directed by OWNER.
4. Take a minimum of 72 photos monthly showing the progress of construction. The location of these photographs shall be determined by OWNER.
5. Take a minimum of 50 photos of the post-construction site and the property adjacent to the perimeter of the site. Particular emphasis shall be directed to structures both inside and outside the plant boundary, or as indicated by OWNER.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
+ + END OF SECTION + +
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01 33 03.13-1
O&M Manual Review Checklist
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
O&M MANUAL REVIEW CHECKLIST
SUBMITTAL NO. DATED
SPEC. SECTION. REVIEW DATE
SUBJECT REVIEWER
EQUIP. ITEM SUPPLIER
MANUFACTURER
ACCEPTABLE PROJECT TITLE:
UNACCEPTABLE PROJECT NO. 21-060
ACCEPTABLE?
DISPOSITION YES NO NA COMMENTS
HARD-COPY O&M MANUALS
▪ Minimum five (5) copies ........................................... ▪ Three-ring binder with hard-back cover...................... ▪ Cover Label and Title Page (Cover/Title Page):
Project title and Project number .............................
Specification section .............................................
System/Equipment names .....................................
Facility ................................................................
Equipment number ............................................... ▪ Typed table of contents ............................................ ▪ Heavy section dividers w/numbered plastic index tabs . ▪ Sections parallel equipment specifications .................. ▪ Pages punched for 3 ring binder (punching does not
obliterate data) ....................................................... ▪ Info larger than 8-1/2”x11” folded showing title block, or included in binder pockets .................................... ▪ Multiple volumes labeled “Vol. 1”, “Vol. 2”, etc. ........... ▪ Table of contents for entire set in each binder .............
ELECTRONIC O&M MANUALS
▪ Minimum two (2) copies on USB Flash Drive ............... ▪ Full version of O&M manual in PDF format .................. ▪ PDF “Bookmarks” to label each section of manual ....... ▪ Separate text and drawing files used to create PDF
01 33 03.13-2
O&M Manual Review Checklist
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
ACCEPTABLE?
DISPOSITION YES NO NA COMMENTS
O&M manual ........................................................... ▪ Index on flash drive as separate file titled “index” ....... ▪ Flash drive labeled with submittal number ..................
TECHNICAL CONTENT
▪ Equipment Summary Form (See example of required
format, Figure 2-1, 2 pages, end of this Section)
▪ Diagrams and illustrations, including pump curves ...... ▪ Detailed description of function of principal
components ............................................................ ▪ Performance and nameplate data .............................. ▪ Installation instructions ............................................ ▪ Starting procedure .................................................. ▪ Proper adjustment procedure .................................... ▪ Test procedures ...................................................... ▪ Operating procedure (Normal operation and all other
operating modes) .................................................... ▪ Shutdown instructions, including emergency shutdown
▪ Emergency operating instructions & troubleshooting .... ▪ Safety instructions and precautions ........................... ▪ Maintenance procedures and instructions,
preventative, reactive and overhaul ........................... ▪ Troubleshooting and corrective maintenance
procedures
▪ Lubrication instructions and information .................... ▪ List of electrical relay settings and control and alarm contact settings ...................................................... ▪ Electrical interconnection wiring diagrams, including control and lighting systems, panel wiring, control
(ladder) diagrams, logic diagrams, loop diagrams, and
interconnection diagrams ......................................... ▪ Panel layout and assembly drawings
▪ Mechanical drawings
▪ Printout of all software programs and configuration
files
▪ Parts list (with exploded view and associated cross-
references)
▪ Recommended spare parts and special tools ............... ▪ Factory and field test procedures and results
▪ Project specific warranty statement
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O&M Manual Review Checklist
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01 33 03.13-4
O&M Manual Review Checklist
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01 42 03-1
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 42 03
REFERENCE STANDARDS AND ABBREVIATIONS
PART 1 - GENERAL
1.1 REFERENCE STANDARDS
A. The standards referred to, except as modified, shall have full force and effect as though printed in this Specification, and shall be the latest edition or revision thereof in effect on the bid opening date, unless a particular edition or issue is indicated. Copies of these standards are not available from the CITY.
B. The ENGINEER will furnish, upon request, information as to how copies may be obtained.
C. Abbreviations and terms, or pronouns in place of them, shall be interpreted as follows:
AAMA: Architectural Aluminum Manufacturer's Association AAN: American Association of Nurserymen
AAR: Association of American Railroads
AASHTO: American Association of State Highway and Transportation Officials, Standard Specifications
AATCC: American Association of Textile Chemists and Colorists ACI: American Concrete Institute, Standards
AFBMA: Anti-Friction Bearing Manufacturer's Association, Inc.
AGA: American Gas Association
AGC: Associated General Contractors
AGMA: American Gear Manufacturer's Association
AHAM: Association of Home Appliance Manufacturer's
AI: The Asphalt Institute
AIA: American Institute of Architects
AISC: American Institute of Steel Construction, Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings, and the AISC Code of Standard Practice
AISI: American Iron and Steel Institute
AITC: American Institute of Timber Construction
AMCA: Air Moving and Conditioning Association, Standards ANS: American Nuclear Society
ANSI: American National Standards Institute
APA: American Plywood Association
API: American Petroleum Institute
APWA: American Public Works Association, Standard Specifications for Public Works Construction
ASA: Acoustical Society of America
ASAE: American Society of Agriculture Engineers
ASCE: American Society of Civil Engineers
ASHRAE: American Society of Heating, Refrigeration and Air Conditioning Engineers
ASLE: American Society of Lubricating Engineers
01 42 03-2
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
ASME: American Society of Mechanical Engineers
ASQC: American Society of Quality Control
ASSE: American Society of Sanitary Engineers
ASTM: American Society for Testing and Materials, Standards AWG: American Wire Gauge
AWPA: American Wood-Preservers' Association, Standards
AWPI: American Wood Preservers Institute
AWS: American Welding Society
AWWA: American Water Works Association, Standards
BBC: Basic Building Code, Building Officials and Code Administrators International
BHMA: Builders Hardware Manufacturer's Association
CAL/OSHA: California/Occupational Safety and Health Administration, Standards CBM: Certified Ballast Manufacturer's
CCR: California Code of Regulations
CEMA: Conveyors Equipment Manufacturer's Association
CGA: Compressed Gas Association
CISPI: Cast Iron Soil Pipe Institute, Standards
CLPCA: California Lathing and Plastering Contractors Association CLFMI: Chain Link Fence Manufacturer's Institute
CMAA: Crane Manufacturers' Association of America
CMA: Concrete Masonry Association
CORDCS: City of Roseville Design & Construction Standards CORPCS: City of Roseville Process Control Standards
CRSI: Concrete Reinforcing Steel Institute, Standards
CSS: CalTrans Standard Specifications, State of California, Department of Transportation
DCDMA: Diamond Core Drill Manufacturer's Association
DOSH: Division of Occupational Safety and Health, State of California, Department of Industrial Relations
EIA: Electronic Industries Association
ETL: Electrical Test Laboratories
FED/OSHA: Federal Occupational Safety and Health Administration, Standards FM: Factory Mutual
ICBO: International Conference of Building Officials
ICEA: Insulated Cable Engineers Association
IEEE: Institute of Electrical and Electronic Engineers
IES: Illuminating Engineering Society
IME: Institute of Makers of Explosives
IP: Institute of Petroleum (London)
IPC: Institute of Printed Circuits
IPCEA: Insulated Power Cable Engineers Association
ISA: Instrument Society of America
ISO: International Organization of Standardization
ITE: Institute of Traffic Engineers
MBMA: Metal Building Manufacturer's Association
MPTA: Mechanical Power Transmission of Association
MTI: Marine Testing Institute
01 42 03-3
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
MSS: Manufacturers Standardization Society
NAAM: National Association of Architectural Metal Manufacturers NACE: National Association of Corrosion Engineers, Standards NBS: National Bureau of Standards
NCCLS: National Committee for Clinical Laboratory Standards NEC: National Electric Code
NEMA: National Electrical Manufacturers' Association, Standards NFPA: National Fire Protection Association
NFPA: National Forest Products Association
NGLI: National Lubricating Grease Institute
NMA: National Microfilm Association
NWMA: National Woodwork Manufacturers Association
OSHA: Occupational Safety and Health Administration
PCA: Portland Cement Association
PCI: Prestressed Concrete Institute
RIS: Redwood Inspection Service, Standard Specifications RVIA: Recreational Vehicle Industry Association
RWMA: Resistance Welder Manufacturer's Association
SAE: Society of Automotive Engineers
SAMA: Scientific Apparatus Makers Association
SDI: Steel Door Institute
SIS: Swedish Standards Association
SMA: Screen Manufacturer's Association
SMACNA: Sheet Metal and Air Conditioning Contractors National Association SPR: Simplified Practice Recommendation
SSBC: Southern Standard Building Code, Southern Building Code Congress SSPC: Steel Structures Painting Council, Specifications SSPWC: Standard Specifications for Public Works Construction TAPPI: Technical Association of the Pulp and Paper Industry TFI: The Fertilizer Institute
UBC: Uniform Building Code of the International Conference of Building Officials
UPC: Uniform Plumbing Code
UL: Underwriters Laboratories
WCLA: West Coast Lumbermen's Association, Standard Grading and Dressing Rules
WCLIB: West Coast Lumber Inspection Bureau
WCRSI: Western Concrete Reinforcing Steel Institute
WIC: Woodwork Institute of California
WRI: Wire Reinforcement Institute, Inc.
WWPA: Western Wood Products Association
1.2 OTHER ABBREVIATIONS
A. Common abbreviations can be found on the contract drawings complimentary to the listed abbreviations found b elow. In the event of a confl ict, the abbreviations on t he drawings shall supersede.
B. Other common abbreviations that may be found in the Specifications are, but may not be limited to:
01 42 03-4
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
acrylonitrile butadiene ABS
styrene
alternating current a-c, AC
American wire gauge AWG
ante meridiem am
ampere A, amp
average avg
biochemical oxygen BOD
demand
brake horsepower bhp
British thermal unit Btu
Centigrade C
chlorinated polyvinyl CPVC
chloride
company Co
cubic inch cu in, in³
cubic foot cu ft, CF, ft³
cubic yard cu yd, CY, yd³
cubic feet per minute cfm, ft³/min
cubic feet per second cfs, ft³/s
decibel dB
decibels, A-weighted dBA
degree Centigrade (Celsius) °C, C
degree Fahrenheit °F, F
diameter diam, ø
direct current d-c, DC
dollars $
ductile iron DI
each ea, @
efficiency eff
elevation El., Elev
ethylene proplylene rubber EPDM
exhaust fan EF
Fahrenheit F
feet ft
feet per hour fph, ft/h
feet per minute fpm, ft/min
feet per second fps, ft/s
fiberglass reinforced FRP
plastic
figure Fig.
flange flg
foot-pound ft-lb
gallon gal
gallons per hour gph, gal/hr
gallons per minute gpm, gal/min
gallons per second gps, gal/s
gram g
ground fault current GFCI
interrupter
hand/off/automatic HOA
high density polyethylene HDPE
heating, ventilating, and HVAC
air conditioning
Hertz Hz
hour hr
horsepower hp
IFC Issued for Construction
inch in
inch-pound in-lb
input/output I/O
inside diameter ID
instrumentation and I&C
control
kilovolt kV
kilovolt-ampere kVA
kilowatt kW
kilowatt-hour kWhr
length L
length to least radius L/r
of gyration
light emitting diode LED
linear lin
linear foot lin ft, LF
liter l
manhole MH
maximum max
mean sea level MSL
mercury Hg
miles per hour mph
milli-amp mA
milliampere DC mAdc
milligram mg
milligrams per liter mg/l
milliliter ml
millimeter mm
million gallon mil
million gallons per day mgd
minimum min
motor control center MCC
01 42 03-5
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
net positive suction
head available NPSHA
net positive suction
head required NPSHR
number No., #
National Pipe Thread NPT
Operation and Maintenance O&M
ounce oz
outside diameter OD
parts per million ppm
post meridiem pm
plus or minus +/-, ±
polytetrafluorethylene PTFE
polyvinyl chloride PVC
pound lb
pounds per square foot psf, lb/ft²
pounds per square inch psi, lb/in²
pounds per square inch
absolute psia
pounds per square inch
gage psig
Process and Instrumentation
Diagrams P&ID
random access memory RAM
reinforced concrete pipe RCP
reinforced concrete cylinder
pipe RCCP
relative humidity RH
revolutions per minute rpm
second sec, s
specific gravity sp gr
square foot sq ft, SF, ft²
square inch sq in, in²
square yard sq yd, SY, yd²
stainless steel SS
standard std
standard cubic feet
per minute scfm
symmetrical sym.
total dynamic head tdh
totally-enclosed, fan-
cooled TEFC
totally-enclosed, non-
ventilated TENV
twisted shielded TWSH
ultraviolet UV
United States US, USA
variable frequency drive VFD, AFD
volt V
volts alternating current VAC
volts direct current VDC
water to cement W/C, wc
water column W.C.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
+ + END OF SECTION + +
01 42 03-6
Reference Standards and Abbreviations
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
THIS PAGE INTENTIONALLY LEFT BLANK
01 45 03-1
Quality Control
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
SECTION 01 45 03
QUALITY CONTROL
PART 1 - GENERAL
1.1 OBSERVATION AND SUPERVISION
A. The ENGINEER or ENGINEER’s appointed representative will review the Work and the CONTRACTOR shall provide facilities and access to the Work at all times as required to facilitate this review.
B. Responsibility:
1. The CONTRACTOR shall be solely responsible to supervise and direct the entire Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessa ry to complete the Work in accordan ce with the Contract Documents.
2. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, quality control, and procedures of construction and safety pre cautions and programs incidental thereto.
3. The foregoing includes work performed by the CONTRACTOR's Subcontractors.
4. The CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.
5. CONTRACTOR shall be r esponsible for maintaining a complete har dcopy set of all project documents at the site at all times. Project documents shall include but are not limited to all drawings, specifications, submittals, requests for information (RFI), requests for change (RFC), change orders, and up to date project record drawings.
6. Project documen ts as described above shall be onsite and available for CITY or ENGINEER review at all times. Failure to maintain or make project documents available will result in the stoppage of w ork. Schedule and cost changes resulting from stoppage of work are the responsibility of the CONTRACTOR.
C. Superintendent:
1. The CONTRACTOR shall designate in writing and submit for ENGINEER’s approval a technically qualified, English -speaking superintendent, who shall be onsite and responsible for the work, and who shall not be replaced without written acceptance of the ENGINEER.
2. The superintendent shall be the CONTRACTOR's representative at the job site and shall have authority to act on behalf of the CONTRACTOR.
3. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR.
4. The CONTRACTOR's superintendent shall be present at the site of the Work at all times while work is in progress. Failure to observe this requirem ent shall be considered as suspension of the Work by the CONTRACTOR until such time as such superintendent is again present at the site.
5. CONTRACTOR’s superintendent shall be responsible for maintaining a complete hardcopy set of all project documents.
01 45 03-2
Quality Control
Pump Station 26 Improvement Project
City of Roseville December 2022
WWE Project: 21-060 BID SET
1.2 RESPONSIBILITY
A. The CONTRACTOR is responsible for conduc ting all testing and i nspection specifically required by the Specifications and otherwise necessary to ensure compliance with the Contract Documents.
1. Approval of Testing Laboratories and Geotechnical Consultants:
a. All laboratory work under this contract sha ll be performed by a laboratory approved by the ENGINEER, whether the laboratory is employed by the CONTRACTOR, or is owned and operated by the CONTRACTOR. b. The basis of approval includes the following:
1) Testing laboratories performing work in connection with concrete, steel, and bituminous m aterials shall comply with A STM E 329 and ASTM D 3666, respectively.
2) Testing laboratories performing work not in connection with concrete, steel, bituminous materials, soils and non -destructive testing shall comply with ASTM E548.
B. The ENGINEER may conduct pe riodic independent testin g and inspection to verify compliance with the Contract Documents.
C. Retesting:
1. The CITY reserves the right to back -charge the CONTRACTOR for retesting of deficient or defective work or products upon written notification.
2. Compensation for retesting on behalf of the CITY will be made through deductions from the Progress Payments.