AGENDA
May 17, 2023
AMENDED
CITY COUNCIL
AND
HOUSING SUCCESSOR
6:00 p.m.
Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us
THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.
Public Comment - Speakers have three minutes under Public Comment to speak on issues that are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.
Consent Calendar - If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.
Agenda Items - Speakers have five minutes to address items that are listed on the agenda.
Americans with Disabilities Act - Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.
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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. Proclamation - National Police Week
Proclaim May 14-20, 2023, as National Police Week and publicly salute the service of Roseville law enforcement officers and officers in communities across the nation.
CONTACT: Blair Hutchison 916-774-5266 [email protected]
5.2. Proclamation - Craft Beer Week
Proclaim May 15-21, 2023 as Craft Beer Week and celebrate the success of our growing craft brewery scene.
CONTACT: Blair Hutchison 916-774-5266 [email protected]
6. PUBLIC COMMENTS
7. CONSENT CALENDAR
BEGINNING OF CONSENT CALENDAR
Minutes
7.1. Minutes of Prior Meeting
Memo from City Clerk Technician Katrina Six and City Clerk Carmen Avalos recommending the City Council approve the minutes of the May 3, 2023 City Council meeting.
CC #: 2731
File #: 0102-03
CONTACT: Katrina Six 916-774-5268 [email protected] Bids / Purchases / Services
7.2. Printing and Mailing Activity Guides - Purchase Order Increase Memo from Management Analyst Rendi Hodge and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-195 APPROVING AN INCREASE TO THE
PURCHASE ORDER FOR PRINTING AND MAILING OF PARKS,
RECREATION & LIBRARIES ACTIVITY GUIDES. Staff requests Council authorize an increase to the purchase order amount with Pride Industries for the printing and mailing of the Parks, Recreation & Libraries activity guides. Staff additionally requests approval for four (4) optional one (1) year renewals of the purchase order without further council approval, provided that a new sole source form is approved each year, until such a time that the vendor can no longer provide the service, or until Parks, Recreation & Libraries staff determines that continuing with the same vendor is not in the City's best interest. The Parks, Recreation & Libraries Department contracts with Pride Industries to coordinate, print and mail three seasonal activity guides per year. Costs to print and mail guides and the cost of paper have significantly increased and staff are requesting a purchase order increase to account for price increases in FY2022- 23 as well as future fiscal years. The total estimated cost of the services for FY2022-23 will not exceed $151,000. In FY2023-24, the estimated costs of services will increase by approximately 20% for a not-to-exceed amount of $181,200. The estimated FY2024-25 not-to-exceed amount will be $199,320, the estimated FY2025-26 not-to-exceed amount will be $219,252, and the estimated FY2026-27 not-to-exceed amount will be $241,177. Funding is included in the Parks, Recreation & Libraries Department's FY2022-23 budget for the printing and mailing of the activity guides, and will be included in the City's proposed budgets in future fiscal years.
CC #: 2724
File #: 0203-10
CONTACT: Rendi Hodge 916-774-5240 [email protected]
7.3. Golf Maintenance Services - Agreement Amendment
Memo from Parks, Recreation & Libraries Superintendent Rob Nakamura and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-169 APPROVING A FIFTH
AMENDMENT TO GOLF MAINTENANCES SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND BRIGHTVIEW GOLF
MAINTENANCE, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the fifth amendment to the Golf Maintenance Services Agreement with Brightview Golf Maintenance, Inc. The agreement allows for annual pricing adjustments limited to 5% in any one year based on reported increases to the Employment Cost Index and the Consumer Price Index. The City and Brightview Golf Maintenance, Inc. have agreed to adjust pricing by 5% retroactive to January 1, 2023. This annual adjustment will increase expenses by $38,360 for the remainder of this fiscal year for a total of $1,611,105.30. It is anticipated that revenues generated through golf course fees will cover the additional maintenance expense and will not directly impact the General Fund.
CC #: 2700
File #: 0702
CONTACT: Rob Nakamura 916-774-5135 [email protected]
7.4. Dispatch Console Support - System Sales Contract Amendment Memo from Information Technology Program Manager Karl Grover and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 23-178 APPROVING A FIRST AMENDMENT TO
SYSTEM SALES CONTRACT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND ZETRON, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests that the City Council adopt a resolution to approve Amendment Number 1 to the System Sales Contract with Zetron, Inc., for dispatch console support and maintenance, and authorize the City Manager to execute it. The renewal is for support and maintenance of the Zetron System Sales Contract for Police, Fire and Electric dispatch consoles. The original five-year contract will expire in August 2023 and the City needs to renew another five-year contract in order to maintain Dispatch center operations. The total cost of the five-year contract is $297,222 and will be funded by the Information Technology Operations Fund. CC #: 2714
File #: 0800-05
CONTACT: Karl Grover 916-774-5145 [email protected]
7.5. Mike Shellito Indoor Pool Replastering Project – Award of Contract and Budget Adjustment
Memo from Park Development Project Manager Joel De Jong and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-171 APPROVING AN AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND DAVE GROSS
ENTERPRISES, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6650 OF THE COUNCIL OF THE CITY OF
ROSEVILLE 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 $382,600 to Dave Gross Enterprises, Inc. DBA Adams Pool Specialties for the removal and replacement of the plaster, tiles, coping, underwater lights and drain grates for both pools at the Mike Shellito Indoor Pool facility. Staff also requests authorization to approve change order requests in an amount not to exceed 10% of the contracted amount. Staff also requests approval of a budget adjustment to redirect $160,000 from unspent funds from two recently completed Parks, Recreation and Libraries Department (PRL) capital projects and a reduction in the available funds in the PRL Capital Projects Fund. Initial funding for the project was provided through General Fund year-end surplus funds from the FY2020-21 budget. The budget adjustment will fully fund the project. Ongoing maintenance costs are funded through the PRL operating budget in the General Fund. There will be no additional maintenance cost as a result of this project.
CC #: 2702
File #: 0900-07 & 0201-01
CONTACT: Joel De Jong 916-774-5924 [email protected]
7.6. Electric Generation Vapor Compressor – Purchase Order Amendment Memo from Power Generation Superintendent Matthew Garner and Electric Utility Director Dan Beans recommending the City Council approve an amendment to Purchase Order #9014382 with American Compressor Company to increase the not-to-exceed spending total from $205,061.18 to $210,964.98 to include shipping costs. Funding is included in the Electric Department's FY2022-23 budget in the Electric Fund.
CC #: 2699
File #: 0203-07
CONTACT: Matt Garner 916-746-1691 [email protected]
7.7. Electric Generation Specialty Chemicals – Purchase Order Amendment Memo from Power Generation Superintendent Matthew Garner and Electric Utility Director Dan Beans recommending the City Council approve an amendment to Purchase Order #9012905 with Solenis LLC. to retroactively increase the not-to-exceed spending total from $67,263.81 to $200,000.
Funding is available in the Electric Department's FY2022-23 budget in the Electric Fund.
CC #: 2698
File #: 0203-07
CONTACT: Matt Garner 916-746-1691 [email protected]
7.8. Calsense Irrigation Controllers (RFQ 10-3342) - Purchase Order Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council approve a purchase order to Heritage Landscape Supply Group, Inc. dba Normac as the lowest responsive and responsible bid received for Calsense irrigation controllers in response to Request for Quotes (RFQ) 10-3342. The new controllers are being purchased for parks in community facilities districts (CFDs). The controllers are used by City Park Maintenance staff to control the timing and frequency, and to monitor flow rates, of irrigation in parks and landscape areas throughout the City.
New controllers will be used to replace older controllers that have outdated software and functionality. Items on the RFQ were estimated quantities to be ordered on an as-needed basis. The total not-to-exceed amount for FY2022-23 is $180,000. Funding is included in the FY2022-23 budget for the CFDs.
There is no fiscal impact on the City's General Fund.
CC #: 2707
File #: 0203-10
CONTACT: Sue Jessup 916-746-1107 [email protected]
7.9. Pleasant Grove Pump Station Variable Frequency Drive Upgrade and Valve Automation – Approval of Plans and Specifications and Authorization to Call for Bids
Memo from Senior Engineer Jason Marks and Environmental Utility Director Richard Plecker recommending the City Council approve plans and specifications and authorization to advertise for bids for a project to make modifications to the Pleasant Grove Pump Station. The cost of construction is estimated at $611,000. Funding is provided by the Water Rehabilitation Fund.
CC #: 2708
File #: 0900-02
CONTACT: Jason Marks 916-774-5508 [email protected]
7.10.Heating, Ventilation and Air Conditioning Maintenance and Repair Services - Contract Purchase Agreements
Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-192 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
ACCO ENGINEERED SYSTEMS, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-193 APPROVING A
CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY
OF ROSEVILLE AND MESA ENERGY SYSTEMS, INC., DBA EMCOR
SERVICES MESA ENERGY, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO 23-194 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
LAWSON MECHANICAL CONTRACTORS, LLC, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve a contract purchase agreements with the three (3) vendors, ACCO Engineered Systems, Inc., Mesa Energy Systems, Inc. dba Emcor Services Mesa Energy, and Lawson Mechanical Contractors, LLC, for Heating, Ventilation and Air Conditioning maintenance, repairs, equipment replacement, and filter change-out services at various City locations. The contracts will total $1,200,000 ($400,000 each) for the first year of a multi-year agreement. Funding is included in the proposed FY2023-24 budget for Building Maintenance, Electric Power Plant, Adventure Clubs, Golf Course, Pleasant Grove Wastewater Treatment Plant, and Dry Creek Wastewater Treatment Plant.
CC #: 2723
File #: 0203-07
CONTACT: Darci Carpenter 916-774-5702 [email protected] Resolutions
7.11.Audrey Huisking (W-50D) Park Project - Notice of Completion Memo from Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-168 ACCEPTING THE PUBLIC WORK KNOWN
AS THE AUDREY HUISKING 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. Staff has made final inspection of the Audrey Huisking Park Project and has found that all contract work has been completed in accordance with the improvement plans and specifications.
The project is now ready for acceptance. Audrey Huisking Park, formerly W-50D, is a 1.2-acre neighborhood park site located at Garland Way and Meeker Way in the West Roseville Specific Plan. The project included a children’s play area, zip line, pedestrian pathways, shaded picnic tables, benches, open turf areas, landscaping and irrigation. In accordance with City specifications, the contractor shall guarantee the installation of these improvements for a period of twelve (12) months from the date of this Notice of Completion. The project was funded with development fees collected in the West Roseville Neighborhood Park Fund. Maintenance of the park will be funded from the Westpark Community Facilities District No. 2 (Public Services).
CC #: 2697
File #: 0704-01
CONTACT: Heather Buck 916-774-5254 [email protected]
7.12.Special Inspection and Materials Testing Services – On-Call Professional Services Agreement Amendment
Memo from Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 23-172 APPROVING A FIRST AMENDMENT TO ONCALL PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ENGEO, INC., AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve the first amendment to professional services agreement for On-Call Special Inspection and Materials Testing Services with ENGEO, Inc. Additionally, staff requests authorization for two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council, or until staff determines that continuing with this consultant is not in the best interest of the City. The Parks, Recreation & Libraries Department is projecting a number of capital improvement projects, including new and major rehabilitation projects over the next three to five years, including, but not limited to, the Roseville Soccer Complex. This Amendment is the first of three optional one-year extensions. Funding for services shall be provided through capital improvement project budgets, approved professional services budgets, or developer reimbursements. Project-specific quotes will be obtained prior to the start of any work. This amendment and the remaining optional extensions shall not exceed $400,000 per year, for a total contract amount not-to-exceed $1,300,000.
CC #: 2705
File #: 0704
CONTACT: Heather Buck 916-774-5254 [email protected]
7.13.Placer County Water Agency - Water Supplies and Exchanges Proposed Amendments
Memo from Assistant Environmental Utilities Director Sean Bigley and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION 23-177 APPROVING AMENDMENT NO. 1 TO THE
CONTRACT BETWEEN THE PLACER COUNTY WATER AGENCY AND
THE CITY OF ROSEVILLE RELATING TO WATER SUPPLIES AND
EXCHANGES, BY AND BETWEEN PLACER COUNTY WATER AGENCY
AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve the proposed amendments to the contract between the Placer County Water Agency and the City relating to water supplies and exchanges. The contract amendments would have no fiscal impact on the City's General Fund.
CC #: 2713
File #: 0800-02
CONTACT: Sean Bigley 916-774-5513 [email protected]
7.14.Firm and Non-Firm Point-to-Point Transmission, and for Resale, Reassignment or Transfer of Point-To-Point Transmission -Transmission Service Agreements Memo from Electric Risk and Compliance Supervisor Petra Wallace and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 23-175 APPROVING SERVICE AGREEMENTS, BY
AND BETWEEN PUGET SOUND ENERGY, INC. AND THE CITY OF
ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THEM ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the Transmission Service Agreements with Puget Sound Energy Inc. to maintain the City’s power transmission capacity. These agreements will continue to allow the City to purchase physical capacity for the transmission of electric power.
There is no fiscal impact associated with the execution of the Transmission Service Agreements as they are enabling agreements.
CC #: 2711
File #: 0800-03
CONTACT: Petra Wallace 916-774-5510 [email protected]
7.15.Industrial Substation Switchgear #1 Civil Construction - Notice of Completion Memo from Power Engineer Austin Kurth and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 23-170
ACCEPTING THE PUBLIC WORK KNOWN AS THE INDUSTRIAL
SUBSTATION SWITCHGEAR #1 REPLACEMENT CIVIL
CONSTRUCTION PROJECT, APPROVING THE “NOTICE OF
COMPLETION”, AND AUTHORIZING THE ELECTRIC UTILITY
DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE. Staff has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. The total amount of the contract with Interstate Construction, Inc. was $197,102 and was funded in the Electric Fund FY2022-23 budget.
CC #: 2701
File #: 0900-03
CONTACT: Austin Kurth 916-774-5661 [email protected]
7.16.Roseville Parkway Extension Project - Agreement for Sale of Real Property Memo from Associate Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-189 APPROVING AN AGREEMENT FOR SALE OF REAL
PROPERTY, BY AND BETWEEN THE CITY OF ROSEVILLE AND 8845
WASHINGTON INDUSTRIAL OWNER, LP, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT AND ALL RELATED ESCROW
DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve an agreement for Sale of Real Property for the purchase of property for the Roseville Parkway Extension project with 8845 Washington Industrial Owner, LP in the amount of $142,000. The project will construct a new four-lane roadway and bridge connecting Roseville Parkway between Foothills Boulevard and Washington Boulevard. Construction of the Roseville Parkway Extension project is anticipated to begin in late 2023. No General Fund resources will be used to complete the project.
CC #: 2719
File #: 0900-04-02 & 1002
CONTACT: Jesse Khatkar 916-774-5434 [email protected] Ordinances (for introduction and adoption - appropriation/urgency measures)
7.17.Zero Emission Bus Depot Project - Budget Adjustment Memo from Transportation Grants Analyst Cameron Schreiter and Public Works Director Jason Shykowski recommending the City Council adopt ORDINANCE NO. 6653 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 $31,566 to go towards the construction of the Zero Emission Bus Depot (ZEB) project. Interest has been earned on the deferred Low Carbon Transit Operations Program grant.
This budget adjustment will increase the overall ZEB Depot project budget by $31,566 from $4,906,000 to $4,937,566. This budget adjustment will have no impact on the General Fund.
CC #: 2706
File #: 0900-04 & 0201-01
CONTACT: Cameron Schreiter 916-746-1302 [email protected]
7.18.International Brotherhood of Electrical Workers, Local 1245 - Implementation of Labor Market Salary Adjustments
Memo from Human Resources Manager Linda Hampton and Human Resources Director Stacey Peterson recommending the City Council adopt ORDINANCE NO. 6652 OF THE COUNCIL OF THE CITY OF
ROSEVILLE AMENDING ORDINANCE 6630, THE SALARY
ORDINANCE FOR PERSONNEL REPRESENTED BY THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 1245, AS AMENDED BY APPENDIX “D” TO BE EFFECTIVE MAY 6, 2023, AS AN URGENCY MEASURE. Staff requests Council approve the International Brotherhood of Electrical Workers, Local 1245, A & B salary schedules (Appendix D) reflecting labor market adjustments or a minimum of a 2% general wage increase effective May 6, 2023. The City engaged a consulting firm to conduct a total compensation study of International Brotherhood of Electrical Workers, Local 1245 (IBEW), benchmark classifications in the Electric, Environmental Utilities and Public Works departments in accordance with the provisions in the current IBEW Memorandum of Understanding. An average 3.51 percent salary increase across the positions result in an estimated cost to the Electric, Water Operations and Wastewater Operations enterprise funds for the recommended labor market adjustments of $129,668 for the remainder of this fiscal year and $778,006 annually ongoing. There is no fiscal impact on the General Fund.
CC #: 2704
File #: 0600-01
CONTACT: Linda Hampton 916-774-5215 [email protected]
7.19.Park Maintenance Work, Structural Repairs and Landscape Renovations - Budget Adjustment
Memo from Parks Superintendent Eric Dexter and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt ORDINANCE NO. 6651 OF THE COUNCIL OF THE CITY OF
ROSEVILLE 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 $315,000 for repair and replacement fences in the Northwest area, complete landscape renovation work, repair a monument due to accident damage, and add/update additional park amenity repairs in two Lighting & Landscape Districts (LLDs) and three Community Facilities Districts (CFDs). This work will be funded with available fund balances in the respective LLDs and CFDs funds. There is no impact to the General Fund.
CC #: 2703
File #: 0704 & 0201-01
CONTACT: Eric Dexter 916-746-1769 [email protected] Ordinances (for second reading and adoption)
7.20.Second Reading - Purchase of Motor Vehicles Ordinance ORDINANCE NO. 6658 OF THE COUNCIL OF THE CITY OF
ROSEVILLE GRANTING THE PURCHASING OFFICER AUTHORITY TO
MAKE PURCHASES OF MOTOR VEHICLES EQUAL TO OR GREATER
THAN THE BID AMOUNT ESTABLISHED IN THE CITY CHARTER FOR A
PERIOD OF TWO YEARS AND DECLARING THIS ORDINANCE TO BE
EFFECTIVE JUNE 16, 2023, for second reading and adoption.
CC #: 2726
File #: 0800-04
CONTACT: Brandy LeBeau 916-774-5531 [email protected]
7.21.Second Reading - Water, Wastewater, and Waste Services - Proposed Utility Rate Adjustments and Municipal Code Revisions for Fiscal Year 2023-24 and Fiscal Year 2024-25
ORDINANCE NO. 6659 AMENDING SECTIONS 9.12.030, 9.12.070, AND
9.12.090 OF CHAPTER 9.12, AND AMENDING SECTION 9.17.040 OF CHAPTER 9.17 OF TITLE 9 OF THE ROSEVILLE MUNICIPAL CODE
REGARDING WASTE COLLECTION AND REFUSE HAULING AND
RECYCLING; and adopt ORDINANCE NO. 6660 ROSEVILLE AMENDING SECTIONS 14.08.090 AND 14.08.100 OF CHAPTER 14.08, AMENDING SECTION 14.16.200 OF CHAPTER 14.16, AND AMENDING SECTION
14.17.080 OF CHAPTER 14.17, OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING PUBLIC UTILITIES, for second reading and adoption.
CC #: 2727
File #: 0800-02
CONTACT: Devin Whittington 916-774-5783 [email protected]
7.22.Second Reading - Zoning and Sign Ordinance Update
ORDINANCE NO. 6661 AMENDING SECTION 17.04.090 OF CHAPTER
17.04, AND AMENDING SECTION 17.08.510 OF CHAPTER 17.08 OF TITLE 17 OF THE ROSEVILLE MUNICIPAL CODE REGARDING
SIGNS; and adopt ORDINANCE NO. 6662 AMENDING SECTIONS
19.08.080 AND 19.08.090 OF CHAPTER 19.08, AMENDING SECTION
19.12.020 OF CHAPTER 19.12, AMENDING SECTION 19.26.030 OF CHAPTER 19.26, AMENDING SECTIONS 19.28.020 AND 19.28.040 OF CHAPTER 19.28, AMENDING SECTIONS 19.60.030, 19.60.060, 19.60.070 AND 19.60.120 OF CHAPTER 19.60, AMENDING SECTION 19.74.010 OF CHAPTER 19.74, AND AMENDING SECTIONS 19.82.010 AND 19.82.040 OF CHAPTER 19.82 OF TITLE 19 OF THE ROSEVILLE MUNICIPAL CODE REGARDING ZONING, for second reading and adoption.
CC #: 2728
File #: 0400-02 & 0321
CONTACT: Lauren Hocker 916-774-5272 [email protected] Ceremonial Documents
7.23.Proclamation - National Public Works Week
Proclaim May 21-27, 2023 as National Public Works Week and urge citizens and civic organizations to acquaint themselves with issues involved in providing public works and recognize the contributions public works staff make toward health, safety, comfort, and quality of life.
CC #: 2718
File #: 0102-06
CONTACT:Blair Hutchison 916-774-5266 [email protected]
END OF CONSENT CALENDAR
8. RESOLUTIONS
8.1. Opposition to State Ballot Initiative 21-0042A1 - Measure Restricting Voters’ Input and Local Taxing Authority
Memo from Government Relations Administrator Mark Wolinski and Deputy City Manager Megan Scheid recommending the City Council adopt RESOLUTION NO. 23-166 OPPOSING STATE BALLOT INITIATIVE 21-
0042A1. Recently, the California Business Roundtable’s anti-local control measure qualified for the November 2024 ballot. The measure includes provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent. Voters also may not amend a city charter to impose, extend, or increase a tax or fee. The costs of these activities are contained within the City’s current budget.
CC #: 2693
File #: 0114
CONTACT: Mark Wolinski 916-774-5179 [email protected]
8.2. Longmeadow Parkside Community Facilities District No. 1 Bond Refunding Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 23-179 A RESOLUTION AUTHORIZING
THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS FOR AND ON
BEHALF OF THE CITY OF ROSEVILLE LONGMEADOW PARKSIDE
COMMUNITY FACILITIES DISTRICT NO. 1 (PUBLIC FACILITIES),
APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT, APPROVING THE FORM OF PRELIMINARY OFFICIAL
STATEMENT, APPROVING SALE OF SUCH BONDS PURSUANT TO
BOND PURCHASE AGREEMENT, AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS. Staff requests Council adopt the Resolution Authorizing the Issuance of Special Tax Refunding Bonds for and on behalf of the City of Roseville Longmeadow Parkside Community Facilities District No. 1 (Public Facilities), Approving and Directing the Execution of a Fiscal Agent Agreement, Approving the Form of the Preliminary Official Statement, Approving Sale of Such Bonds Pursuant to Bond Purchase Agreement, and Approving the Other Related Documents and Actions. Longmeadow Parkside Community Facilities District (CFD) No. 1 was formed on October 19, 2005 by the adoption of Resolution 05-536. Bonds were issued for the district in 2005 and were refunded in 2013. The proposed Series 2023 Bonds will refund the 2013 series of bonds to achieve a present value savings of approximately 5% consistent with the City's Debt Management Policy. The refunding will provide new money for additional authorized improvements and will not increase the term of the outstanding bonds. There will be no fiscal impact to the General Fund as all bond issuance costs will be paid from bond proceeds. The CFD will continue to generate special taxes that will be paid by the property owners sufficient to pay the costs of debt service and CFD administration.
CC #: 2715
File #: 0206-03-01
CONTACT: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
8.3. Financial Policies for Fiscal Year 2023-24
Memo from Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 23-176
ADOPTING THE CITY OF ROSEVILLE FINANCIAL POLICIES,
EFFECTIVE JULY 1, 2023. Staff requests Council approve a comprehensive set of financial policies that include the City's updated Investment Policy, Debt Management Policy, Swap Policy, Budget Development Policy, General Fund Reserves Policy, updated Development Services Stabilization Reserve Policy, Federal Stimulus Reserve Fund Policy, Internal Service Funds - Operating and Replacement Reserves Policy, Capital Improvement Program Rehabilitation Funding Policy, Pension Funding Policy, Other Post-Employment Benefits Funding Policy, Workers' Compensation and General Liability Funding Policy, Interfund Loans Policy, Requests for Proposals Policy, and new policies addressing Internal Control and Procurement Code of Ethics. Staff also recommends incorporating the Roseville Electric Utility and Environmental Utilities financial policies into this City Council-adopted financial policies document. The recommended update to the Investment Policy incorporates a provision of Senate Bill 1489, the Local Government Omnibus Act, which clarifies how a public agency investment’s term or remaining maturity is to be measured. The recommended update to the Development Services Stabilization Reserve Fund Policy improves clarity about the calculation of the reserve and adds a requirement for City Council approval of any appropriations from the reserve. The recommended Internal Control Policy documents the internal control framework adopted by the City and formalizes certain policies and procedures to further the goal of fiscal responsibility through effective and comprehensive internal controls. The recommended Procurement Code of Ethics Policy will establish a well-defined code of ethics for City employees, including public procurement professionals, who interact with the public and represent the City in any way in relation to all procurement activities and to ensure integrity in the procurement and contracting process. Approval of the financial policies has no fiscal impact. However, implementation of the policies is expected to improve the fiscal position and financial health of the City. The Fiscal Year 2023-24 Proposed Budget is being developed based on these recommended financial policies.
CC #: 2712
File #: 0202-01
CONTACT: Dennis Kauffman 916-774-5313 [email protected]
8.4. HOUSING SUCCESSOR AGENCY/CITY COUNCIL - 2023-24 Homeless Prevention and Rapid Rehousing Funding Recommendations
Memo from Housing Analyst Suzanne Acrell and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 23-167 APPROVING FUNDING
RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE GRANT AGREEMENTS ON BEHALF OF THE
CITY OF ROSEVILLE. Staff requests Council approval of funding recommendations for the 2023-24 Homeless Prevention and Rapid Rehousing Program. The recommendations do not result in any cost to the General Fund.
CC #: 2694
File #: 0709-01
CONTACT: Suzanne Acrell 916-774-5469 [email protected] Trisha Isom 916-746-1239 [email protected]
8.5. Reservation of Affordable Housing Funds for Development of Affordable Housing Projects
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 23-196 APPROVING THE AMENDED RESERVATION OF $6,000,000 IN AFFORDABLE HOUSING FUNDS FOR
DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS, AND
RESERVING $1,500,000 IN AFFORDABLE HOUSING FUNDS FOR
DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS. Staff
requests Council approval to reserve a total of $7,500,000 in affordable housing funds to support two affordable housing projects on the City’s Affordable Housing Pipeline report. The increased reservation will assist with required gap funding to develop 98 affordable units. The City's Local Housing Trust Fund receives funding from developer in-lieu fees, payoffs from resales and payoffs from developer subsidy loans. The Housing Division has funding available in the Local Housing Trust Fund (LHTF), which will be used to match state-awarded LHTFs. No General Fund resources will be used.
CC #: 2725
File #: 0709-03-02
CONTACT: Trisha Isom 916-746-1239 [email protected]
9. SPECIAL REQUESTS/REPORTS/PRESENTATION
9.1. Council Discretionary Funds - Sober Grad Night
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos with a request for Council discretionary funds from Oakmont High School, Roseville High School, West Park High School and Woodcreek High School for Safe and Sober Grad Night sponsorship in the amount of $500.00 each.
CC #: 2720
File #: 0102
CONTACT: Melissa Lipp 916-774-5268 [email protected]
9.2. Fiscal Year 2023-24 Grants Advisory Commission Funding Recommendations Memo from Management Analyst Tobi Thomas and Assistant City Manager Dion Louthan recommending the City Council receive a presentation on the Grants Advisory Commission funding recommendations for the FY2023-24 Citizens Benefit Fund, American Rescue Plan Act and Roseville Employees Annual Charitable Hearts Fund applications. The combined grant awards, totaling $604,766, have been included in the proposed FY2023-24 budget.
There is no General Fund impact for this item.
CC #: 2717
File #: 0103-34-02
CONTACT: Tobi Thomas 916-746-1368 [email protected] Trisha Isom 916-746-1239 [email protected]
9.3. Roseville Electric Department - Budget Update
Memo from Interim Electric Utility Finance Administrator Joanna Cucchi and Electric Utility Director Dan Beans recommending the City Council receive an update from the Roseville Electric Department on their proposed budget. This informational presentation has no fiscal impact.
CC #: 2696
File #: 0800-03
CONTACT: Joanna Cucchi 916-746-1609 [email protected]
9.4. Environmental Utilities Department - Budget Update Memo from Environmental Utilities Assistant Director Devin Whittington and Environmental Utilities Director Richard Plecker recommending the City Council receive a budget update from the Environmental Utilities Department.
There is no fiscal impact associated with this report.
CC #: 2695
File #: 0800-02
CONTACT: Devin Whittington 916-774-5543 [email protected]
10. PUBLIC HEARING
NOTICE TO THE PUBLIC
City Council, when considering the matter scheduled for hearing, will take the following actions:
1. 2.
3. 4.
5. 6.
7. 8.
Open the Public Hearing
Presentation by Staff
Presentation by applicant or Appellant
Accept Public Testimony
Appellant or Applicant Rebuttal Period
Close the Public Hearing
City Council Comments and Questions
City Council Action
In the future, if you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you, or someone else raised orally at the Public Hearing or in written correspondence received by the City on or before the hearing.
Public Hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuation.
10.1.Formation of Amoruso Ranch Community Facilities District No. 1 (Public Facilities), Amoruso Ranch Community Facilities District No. 2 (Public Services), and Annexation of Territory and Authorize Special Taxes in City of Roseville Community Facilities District No. 3 (Municipal Services), Annexation No. 28, Amoruso Ranch
Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief /Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 23-180 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROSEVILLE TO FORM A COMMUNITY
FACILITIES DISTRICT, DESIGNATE AN IMPROVEMENT AREA
THEREIN,ESTABLISH A FUTURE ANNEXATION AREA, PROVIDE FOR
ADDITIONAL FUTURE IMPROVEMENT AREAS THEREIN, AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE
PUBLIC FACILITIES AND PUBLIC SERVICES IN AND FOR SUCH
COMMUNITY FACILITIES DISTRICT; and adopt RESOLUTION NO. 23- 181 DETERMING NECESSITY TO INCUR BONDED INDEBTEDNESS
OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE FOR THE CITY
OF ROSEVILLEAMORUSO RANCH COMMUNITY FACILITIES
DISTRICT NO. 1 (PUBLIC FACILITIES); and adopt RESOLUTION NO. 23- 182 CALLING SPECIAL ELECTION OF THE CITY COUNCIL OF THE
CITY OF ROSEVILLE REGARDING THE CITY OF ROSEVILLE
AMORUSO RANCH COMMUNITY FACILITIES DISTRICT NO. 1
(PUBLIC FACILITIES); and adopt RESOLUTION NO. 23-
183 DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN REGARDING CITY
OF ROSEVILLE AMORUSO RANCH COMMUNITY FACILITIES
DISTRICT NO. 1 (PUBLIC FACILITIES); and adopt ORDINANCE NO. 6655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEVILLE LEVYING SPECIAL TAXES WITHIN CITY OF ROSEVILLE AMORUSO RANCH COMMUNITY FACILITIES DISTRICT NO. 1
(PUBLIC FACILITIES); and adopt RESOLUTION NO. 23-184 A
RESOLUTION OF FORMATION OF COMMUNITY FACILITIES
DISTRICT City of Roseville Amoruso Ranch Community Facilities District No. 2 (Public Services); and adopt RESOLUTION NO. 23-185 A RESOLUTION
CALLING SPECIAL LANDOWNER ELECTION FOR COMMUNITY
FACILITIES DISTRICT City of Roseville Amoruso Ranch Community Facilities District No. 2 (Public Services); and adopt RESOLUTION NO. 23- 186 DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION
AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX
LIEN City of Roseville Amoruso Ranch Community Facilities District No. 2 (Public Services); and adopt ORDINANCE NO. 6656 ORDINANCE OF
THE COUNCIL OF THE CITY OF ROSEVILLE LEVYING SPECIAL TAX WITHIN AMORUSO RANCH COMMUNITY FACILITIES DISTRICT NO.
2 (PUBLIC SERVICES); and adopt RESOLUTION NO. 23-187 A
RESOLUTION OF ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS CITY OF ROSEVILLE Community Facilities District No. 3 (Municipal Services) Annexation No. 28 (Amoruso Ranch); and adopt RESOLUTION NO. 23-188 DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX
LIEN CITY OF ROSEVILLE Community Facilities District No. 3 (Municipal Services) Annexation No. 28 (Amoruso Ranch). Brookfield Properties, the landowner proposed to be included in the public infrastructure district, has requested the City form a Community Facilities District (CFD) under the Mello-Roos Community Facilities Act of 1982, as amended. Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code, to provide funding for certain authorized public facilities within the property, as detailed in the List of Authorized Facilities and Services (for Amoruso Ranch CFD No. 1, Public Facilities). The landowner is obligated per the Development Agreement to also form a Public Services CFD and annex into CFD No. 3, Municipal Services, prior to the issuance of the first residential building permit. Amoruso Ranch CFD No. 2, Public Services, is being formed in order to fund the maintenance of landscaping, open space and neighborhood parks. The CFDs will generate special taxes that will be paid by the property owners sufficient to pay the costs for the debt service, maintenance, CFD administration, and any authorized pay-as-you-go facilities. The formation, annexation, and administration of the CFDs will not impact the City's General Fund.
CC #: 2716
File #: 0400-04-15 & 0400-09-01
CONTACT: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
10.2.Roseville Parkway Extension Project - Resolution of Necessity Memo from Assistant Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23-191
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION FOR
PUBLIC PURPOSES BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY LOCATED AT 8580 INDUSTRIAL AVENUE, ROSEVILLE,
CALIFORNIA (A PORTION OF APN 017-113-023). Staff requests Council consider adopting a Resolution of Necessity finding and determining that public interest, convenience, and necessity require the acquisition of real property located at 8580 Industrial Ave, Roseville, CA 95678 (A Portion of APN 017- 113-023) for the Roseville Parkway Extension Project for public purposes by eminent domain. The project will construct a new four-lane roadway and bridge connecting Roseville Parkway between Foothills Boulevard and Washington Boulevard. Construction of the Roseville Parkway Extension project is anticipated to begin in late 2023 contingent on resolution of this outstanding Right of Way acquisition. The project is anticipated to cost approximately $27.4 million and be entirely funded by the Traffic Mitigation Fund. Staff will return to City Council with a budget adjustment to fund construction once the bids are received and construction costs are determined. No General Fund resources will be used to complete the project.
CC #: 2722
File #: 0900-04-02 & 1002-03
CONTACT: Jesse Khatkar 916-774-5434 [email protected]
10.3.Costco Project - Economic Development Incentive Agreement & Budget Adjustment
Memo from Assistant City Manager Ryan DeVore recommending the City Council hold a public hearing on an economic development subsidy, adopt RESOLUTION NO. 23-190 APPROVING A CITY OF ROSEVILLE
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND COSTCO WHOLESALE
CORPORATION, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6557 ORDINANCE OF THE COUNCIL OF THE CITY
OF ROSEVILLE AUTHORIZING CERTAIN AMENDMENTS TO THE
FISCAL YEAR 2022-23 BUDGET AND DECLARING THIS ORDINANCE
TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION
MEASURE. Staff requests that Council approve the economic incentive agreement with Costco as a catalyst to the development of the Baseline Marketplace. The incentive is necessary to offset a high fee burden and cost of infrastructure required to support both Costco and the Baseline Marketplace regional retail center. The requested budget adjustment will allocate $7.8 million from the Strategic Improvement Fund to fund a $6 million economic incentive for Costco upon store opening, and a $1.8 million backstop payment if Costco does not receive reimbursement from the City/County Fee and/or the Traffic Mitigation Fee Set-Aside Fund within seven years of store opening. The new sales and property tax generated due to the agreement are expected to exceed the initial City investment within two years, after which the General Fund would experience an ongoing positive fiscal impact. CC #: 2721 File #: 0110 & 0201-01
CONTACT: Ryan DeVore 916-774-5362 [email protected]
11. ORDINANCES
11.1.Salary Schedule for City Council Appointed Positions and City Manager and City Attorney Employment and Personal Services Agreements Memo from Human Resources Director Stacey Peterson recommending the City Council adopt ORDINANCE NO. 6654 AMENDING ORDINANCE NO. 6481 THE SALARY ORDINANCE FOR CITY COUNCIL APPOINTED
POSITIONS, AS AMENDED BY APPENDIX “Q” TO BE EFFECTIVE MAY 20, 2023 AS AN URGENCY MEASURE; and adopt RESOLUTION NO. 23- 173 APPROVING A FIRST AMENDMENT TO EMPLOYMENT AND
PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF
ROSEVILLE AND MICHELLE SHEIDENBERGER, AND AUTHORIZING
THE MAYOR TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 23-174 APPROVING AN
EMPLOYMENT AND PERSONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROSEVILLE AND DOMINICK CASEY, AND
AUTHORIZING THE MAYOR TO EXECUTE IT ON BEHALF OF THE
CITY OF ROSEVILLE. Staff requests the Council approve the City Council Appointed Positions salary schedule reflecting a seven (7%) percent salary increase for the City Attorney and City Manager, effective May 20, 2023. In addition, staff recommends Council approve the First Amendment to Employment and Personal Services Agreement between the City and Michelle Sheidenberger to approve a two (2%) percent increase to the City contribution to deferred compensation and a new Employment and Personal services agreement with Dominick Casey to reflect a $200/month increase to the auto allowance benefit and a two (2%) percent increase to deferred compensation.
The City Attorney and City Manager operating budgets have sufficient funds available to cover the additional salary and benefits costs for the current fiscal year, and the ongoing annual costs of $34,666 and $42,569, respectively, will be incorporated in the proposed FY2023-24 City Attorney and City Manager budgets in the General Fund.
CC #: 2710
File #: 0600-01
CONTACT: Stacey Peterson 916-774-5374 [email protected]
12. COUNCIL REPORTS / PUBLIC COMMENTS
13. ADJOURNMENT
COUNCIL COMMUNICATION
CC #: 2729
File #: 0102-06
Title: Proclamation - National Police Week
Contact: Blair Hutchison 916-774-5266 [email protected] Meeting Date: 5/17/2023
Item #: 5.1.
RECOMMENDATION TO COUNCIL
Proclaim May 14-20, 2023, as National Police Week and publicly salute the service of Roseville law enforcement officers and officers in communities across the nation.
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
Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Proclamation - National Police Week
COUNCIL COMMUNICATION
CC #: 2730
File #: 0102-06
Title: Proclamation - Craft Beer Week
Contact: Blair Hutchison 916-774-5266 [email protected] Meeting Date: 5/17/2023
Item #: 5.2.
RECOMMENDATION TO COUNCIL
Proclaim May 15-21, 2023 as Craft Beer Week and celebrate the success of our growing craft brewery scene.
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
Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Proclamation - Craft Beer Week
COUNCIL COMMUNICATION
CC #: 2731
File #: 0102-03
Title: Minutes of Prior Meeting
Contact: Katrina Six 916-774-5268 [email protected] Meeting Date: 5/17/2023
Item #: 7.1.
RECOMMENDATION TO COUNCIL
Approve the minutes of the May 3, 2023 City Council meeting.
BACKGROUND
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this request.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The City Council minutes are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Katrina Six, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
May 3, 2023
COUNCIL COMMUNICATION
CC #: 2724
File #: 0203-10
Title: Printing and Mailing Activity Guides - Purchase Order Increase Contact: Rendi Hodge 916-774-5240 [email protected] Meeting Date: 5/17/2023
Item #: 7.2.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing an increase to the purchase order amount with Pride Industries for the printing and mailing of the Parks, Recreation & Libraries activity guides. Staff additionally requests approval for four (4) optional one (1) year renewals of the purchase order without further council approval, provided that a new sole source form is approved each year, until such a time that the vendor can no longer provide the service, or until Parks, Recreation & Libraries staff determines that continuing with the same vendor is not in the City's best interest.
BACKGROUND
The Parks, Recreation & Libraries Department has an annual requirement for printing, mail handling, and associated postage costs of their seasonal Activity Guides. The summer guides are sent via mail to all City households and non-resident customers included in the current customer database. The guides for the remaining seasons are mailed to resident and non-resident customers included in the current customer database.
Since 2004, Pride Industries has demonstrated the capability of managing the consolidation of what had been work performed by several entities. Pride Industries acts as our broker and currently charges a 5% fee to cover coordination of the printing, delivery, database management and working with the Post Office. In their role as our broker, Pride solicits bids from printers for the guides, which change each season, and provides that information to City staff.
City staff selects from the solicited vendors based on a combination of the following factors:
• Cost effectiveness of project bid
• Rate of correction/change work
• Prior experience in providing similar services (via references or prior City of Roseville experience with vendor)
• Timeliness of performance
• Location of press check
• Print Quality: ink density and strength, registration, establish quality controls, color consistency and trimming
• Method of product/service: press info, mailing capabilities/equipment, bindery capabilities/equipment, type of proofs supplied, paper stock and color quality control • Communication
Engaging in business opportunities with Pride Industries not only saves significant City staff time in managing the printing and mail processing of each guide, but it increases work for persons with disabilities in Roseville where they have a local presence. Section 19404 of the State of California Welfare and Institutions Code provides for cities to contract with non-profit companies that employ persons with disabilities.
While the Pride Industries fee will remain stable at 5%, the actual costs to print the guides are estimated to increase each year. The current not-to-exceed amount is $125,000 and the Department is on track to spend more than this amount. The Department has spent a total of $60,476.78 to date this fiscal year and need an estimated $90,000 to pay for current expenses, for a not-to-exceed amount in FY2022-23 of $151,000. In FY2023-24, annual costs for the printing, delivery and postage of the activity guides will increase approximately 20% for paper and supply increases, per Pride Industries. The estimated not-to-exceed amount for FY2023-24 will be $181,200. For all future years, the contract not-to-exceed amount will increase by 10% to account for the combination of inflation and residential growth in the city. As new households are added, the quantity of guides to print increases, resulting in additional costs.
FISCAL IMPACT
The total estimated cost of the services for FY2022-23 will not exceed $151,000. In FY2023-24, the estimated costs of services will increase by approximately 20% for a not-to-exceed amount of $181,200. The estimated FY2024-25 not-to-exceed amount will be $199,320, the estimated FY2025-26 not-to-exceed amount will be $219,252, and the estimated FY2026-27 not-to-exceed amount will be $241,177. Funding is included in the Parks, Recreation & Libraries Department's FY2022-23 budget for the printing and mailing of the activity guides, and will be included in the City's proposed budgets in future fiscal years.
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 B - Support community engagement and advocacy.
Goal C - Maintain a safe and healthy environment.
Goal E - Deliver exceptional City services.
Respectfully Submitted,
Rendi Hodge, Management Analyst
Jill Geller, Director, Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 23-195
RESOLUTION NO. 23-195
APPROVING AN INCREASE TO THE PURCHASE ORDER FOR PRINTING AND
MAILING OF PARKS, RECREATION & LIBRARIES ACTIVITY GUIDES WHEREAS, an increase to the purchase order with Pride Industries for printing and mailing of Parks, Recreation & Libraries Activity Guides, has been reviewed by the Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said purchase order increase is hereby approved and the City Manager or his designee is additionally authorized to renew four (4) optional one (1) year renewals of the purchase order without further council approval, provided that a new sole source form is approved each year, until such time that the vendor can no longer provide the service, or until Parks, Recreation & Libraries determines that continuing with the same vendor is not in the City's best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2023, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
COUNCIL COMMUNICATION
CC #: 2700
File #: 0702
Title: Golf Maintenance Services - Agreement Amendment
Contact: Rob Nakamura 916-774-5135 [email protected] Meeting Date: 5/17/2023
Item #: 7.3.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to authorize the City Manager to execute the Fifth Amendment to the Golf Maintenance Services Agreement with Brightview Golf Maintenance, Inc.
BACKGROUND
On December 16, 2015, the City entered into an agreement with ValleyCrest Golf Course Maintenance which became Brightview Golf Maintenance, Inc. in January of 2017. The agreement allows for annual pricing adjustments based on uncontrollable circumstances including, but not limited to, fuel prices increases, changes in workers compensation rates, and prevailing wage adjustments. Annual increases shall not exceed 5% in any one year. The City and Brightview Golf Maintenance, Inc. have agreed to adjust pricing by 5% retroactive to January 1, 2023, based on reported increases to the Employment Cost Index (ECI) and the Consumer Price Index (CPI).
FISCAL IMPACT
The Golf Maintenance Service Agreement is funded from the Golf Course Fund (Fund 2599).
This annual adjustment will increase expense by $38,360 for the remainder of this fiscal year. It is anticipated that revenues generated through golf course fees will cover the additional maintenance expense and will not directly impact the General Fund.
ENVIRONMENTAL REVIEW
The proposed project involves the maintenance of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A – Remain fiscally responsible in a changing world Goal D – Enhance economic vitality
Goal E – Deliver exceptional city services
Goal F – Invest in well-planned infrastructure and growth Respectfully Submitted,
Rob Nakamura, Parks, Recreation & Libraries Superintendent Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 23-169
Brightview GolfAmendment
RESOLUTION NO. 23-169
APPROVING A FIFTH AMENDMENT TO GOLF MAINTENANCES SERVICES
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND BRIGHTVIEW GOLF MAINTENANCE, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Fifth Amendment to Golf Maintenance Services Agreement, by and between the City of Roseville and Brightview Golf Maintenance, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Fifth Amendment to Golf Maintenance Services Agreement is hereby 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
COUNCIL COMMUNICATION
CC #: 2714
File #: 0800-05
Title: Dispatch Console Support - System Sales Contract Amendment Contact: Karl Grover 916-774-5145 [email protected] Meeting Date: 5/17/2023
Item #: 7.4.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve Amendment Number 1 to the System Sales Contract with Zetron, Inc., for Dispatch Console support and maintenance, and authorize the City Manager to execute it.
BACKGROUND
On July 5th, 2017 Council approved a System Sales Contract with Zetron to design, deploy and maintain Console infrastructure and devices for Police, Fire and Electric Dispatch communication centers. Police, Fire and Electric use these consoles and related infrastructure to communicate on a daily basis within each department, across City departments and with external agencies during mutual aid incidents. These consoles also enable Police and Fire Dispatchers to seamlessly transition between radio communications and 9-1-1 calls.
The 2017 contract included a warranty plus five years of support through August 2023. The City needs to renew the support contract for an additional five years through August 2028. It is anticipated the Zetron consoles will be in service through at least 2033.
FISCAL IMPACT
The total cost of this amendment is $297,222 for five years. The initial annual cost is budgeted for in the FY2023-24 budget of the Information Technology Operations Fund and will be included in the proposed budget in each subsequent fiscal year.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of an amendment to a contract for support of dispatch consoles meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Karl Grover, IT Program Manager - Network Infrastructure Hong Sae, Chief Information Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 23-178
Amendment #1 to 2017 System Sales Contract
Quote for an additional 5 years of support and maintenance Pages 1-30, 2017 System Sales Contract
Pages 31-60, 2017 System Sales Contract
Pages 61-87, 2017 System Sales Contract
RESOLUTION NO. 23-178
APPROVING A FIRST AMENDMENT TO SYSTEM SALES CONTRACT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ZETRON, INC., AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a First Amendment to Sales System Contract to renew the support and maintenance of the dispatch consoles used by the City of Roseville Police, Fire, and Electric departments, by and between the City of Roseville and Zetron, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said First Amendment is hereby 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
Schedule E-2 Gold Maintenance Service Plan Cost Proposal ZETRON
Date:
Company:
March 19, 2023
City of Roseville
c/o Karl Grover
316 Vernon Street, Suite 300
Roseville, CA 95678
Attention: Karl Grover
Phone: 1916) 774-5145
Email: [email protected]
Part Description
1. Acom Communications System:
Five Year Gold Warranty Maintenance Service Plan for the City of Roseville Acom System as follows:
Year6
Year7
Years
Year9
Year 10
Five Year Gold Warranty, Acom Years 6-10, 17 August 2023 through 16 August 2028 plus PC refresh for 13 positions Notes: 1) Renewal Rates are good for this quotation. Renewal rates are subject to change.
Phone:
Fax:
Email:
Quote: 1WGRoseVille011923_2B
Customer#: 410360
System ID: 234973
USD
List Price
$55,501.00
$58,831.06
$62,360.92
$66,102.58
$70,068.73
I Discount 5% I
$312,864.30 -$15,643.21
Q
t
y I
2) Each annual installment of the Gold Maintenance Service Plan fee is due to Zetron prior to the beginning of each 12-month service plan. 3) Any Service Plan fee is due net 30 days from the date of Zetron's invoice. (425) 820-6363
(425) 820-7031
[email protected]
USD
Net TOTAL
$55,501.00
$58,831.06
$62,360.92
$66,102.58
$70,068.73
$297,221.09
Expiration:
4) Note: Prices do not include any sales tax that may be applicable. Taxes are not included in the above amounts. Invoice totals shall include any applicable taxes.
Q
uotation is valid for 90 day
s from quotation date
090..()221_E
COUNCIL COMMUNICATION
CC #: 2702
File #: 0900-07 & 0201-01
Title:
Mike Shellito Indoor Pool Replastering Project – Award of Contract and Budget Adjustment
Contact: Joel De Jong 916-774-5924 [email protected] Meeting Date: 5/17/2023
Item #: 7.5.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1) Award the project to the apparent low bidder, Dave Gross Enterprises, Inc. dba Adams Pool Specialties, for the Mike Shellito Indoor Pool Replastering Project. in the amount of $382,600; and
2) Adopt a resolution authorizing the City Manager to execute the agreement on behalf of the City of Roseville and providing change order authority of 10% of the contract amount; and 3) Adopt an ordinance to approve a budget adjustment in the amount of $160,000.
BACKGROUND
The Mike Shellito Indoor Pool facility is located on Fairway Drive in the Highland Reserve Specific Plan. The facility was constructed in 2009 and contains two pools, a lap pool and a warming pool. Both pools’ plaster finish has exceeded its useful life and is in need of replacement. The project scope of work includes the removal and replacement of the plaster and tiles for both pools, replacement of drain grates to meet current safety codes, and minor repairs to existing pool lights. Additive alternates identified for bidding included replacement of the coping stones on both pools and replacing all underwater lights with LED fixtures.
City Council approved the plans and specifications and authorized the call for bids at the March 15, 2023, meeting. Bids were opened on April 4, 2023, and staff received two bids for the project. The bid results are as follows:
Bidder Total Lump Sum Bid
Dave Gross Enterprised, Inc.
DBA Adams Pool Specialties $382,600
Condor, Inc. $569,000
Engineer’s Estimate $384,367
If approved, the project will begin in June 2023.
FISCAL IMPACT
Initial funding for the project is provided through General Fund year-end surplus funds from the FY2020-21 budget. To fully fund the project, staff is requesting approval of a budget adjustment in the amount of $160,000. The funding for this request will come from (1) re-directed unspent funds ($70,000) in the Mahany Tennis Court Refurbishment project (500243), (2) re-directed unspent funds ($40,000) from the Maidu Trail Improvements project (400136), and (3) a reduction to available resources ($50,000) in the PRL Capital Projects Fund (3130). Both PRL projects with budgets being reduced are complete and are also in the PRL Capital Projects Fund (3130), so no transfer is required. Ongoing maintenance costs are funded through the PRL operating budget in the General Fund. There will be no additional maintenance cost as a result of this project.
ENVIRONMENTAL REVIEW
The proposed project involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Respectfully Submitted,
Joel De Jong, Park Development Project Manager
Jill Geller, Director, Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Vicinity Map
Resolution 23-171
Agreement
Ordinance 6650
Budget Adjustment
Bid Summary
RESOLUTION NO. 23-171
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND DAVE GROSS ENTERPRISES, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement for the Mike Shellito Indoor Pool Replastering Project, by and between the City of Roseville and Dave Gross Enterprises, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract price.
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
ORDINANCE NO. 6650
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022-23
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2022-23, is hereby amended as listed on the attached budget adjustment for Mike Shellito Indoor Pool Replastering project.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
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
4/21/20234:32 PM
1 REQUEST FOR BUDGET ADJUSTMENT
REQUESTER NAME & TITLE: Tara Gee, Park Planning and Development Manager FISCAL YEAR: 2022-23 PREPARER NAME & TITLE: Rendi Hodge, Management Analyst COUNCIL DATE (if applicable): 5/17/2023 DEPARTMENT/DIVISION: Parks, Recreation & Libraries/Park Development ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
3130 5433 84001 500250 160,000
3130 6587 84001 500243 (70,000)
3130 6587 84001 400136 (40,000)
50,000
REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
-
50,000
FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
3130 (50,000)
(50,000)
Justification for Budget Adjustment:
REQUESTING DEPARTMENT HEAD / DESIGNEE DATE BUDGET MANAGER / DESIGNEE DATE
CHIEF FINANCIAL OFFICER / DESIGNEE DATE CITY MANAGER / DESIGNEE DATE
POSTED BY DATE
Revised: June 24, 2019
BUDGET DEPARTMENT USE ONLY:
The Parks, Recreation & Libraries (PRL) department is requesting to increase the budget for the Mike Shellito Indoor Pool Replaster and Tile Replacements project (500250) by $160,000 for a total project budget of $460,000. Both the plaster and tiles in the swimming and warming pools are at or have exceeded their end-of-life cycle. The funding for this request will come from (1) excess budget ($70,000) in the Mahany Tennis Court Refurbishment project (500243), (2) excess budget ($40,000) in the Maidu Trail Improvements project (400136), and (3) a reduction to available resources ($50,000) in the PRL Capital Projects Fund (3130). Both PRL projects that are reducing their budgets are also in the PRL Capital Projects Fund (3130), so no transfer is required.
Decrease the Maidu Trail Improvements project to
redirect to Mike Shellito Indoor Pool Replaster and Tile Replacements project
TOTAL
TOTAL
DESCRIPTION
REQUIRED APPROVALS:
TOTAL
ACCOUNT STRING DESCRIPTION
Decrease the Mahany Tennis Court Refurbishment
project to redirect to Mike Shellito Indoor Pool Replaster and Tile Replacements project
Decrease available resources in PRL Capital Projects
Fund
Increase the expenditures for the Mike Shellito Pool
Replaster and Tile Replacements project
NET ADJUSTMENT
ACCOUNT STRING DESCRIPTION
ACCOUNT STRING
04/21/2023
COUNCIL COMMUNICATION
CC #: 2699
File #: 0203-07
Title: Electric Generation Vapor Compressor – Purchase Order Amendment Contact: Matt Garner 916-746-1691 [email protected] Meeting Date: 5/17/2023
Item #: 7.6.
RECOMMENDATION TO COUNCIL
Staff requests that the City Council approve an amendment to Purchase Order #9014382 with American Compressor Company to increase the not-to-exceed spending total from $205,061.18 to $210,964.98 to include shipping costs.
BACKGROUND
The Roseville Energy Park (REP) uses a Zero Liquid Discharge (ZLD) system to reduce the amount of water needed for the power generation process and to process water demineralization wastes. Rotary lobe vapor compressors are used in the ZLD to increase the efficiency of the process.
The ZLD vapor compressors are exposed to high chlorides content water, high temperatures and continuous service. These operating conditions cause erosion and other maintenance issues which staff contends with regularly. The current vapor compressors have been repaired multiple times and are reaching end of life. The requested vapor compressors will replace the current inservice compressors when they fail.
The rotary lobe vapor compressors that are installed are Howden Roots Model 1216 RGS.
American Compressor Company is the sole factory authorized distributor of the vapor compressor model used in the REP Zero Liquid Discharge process. Staff recommended the approval of a Sole Source purchase of two rotary lobe vapor compressors from American Compressor Company, which the City Council approved at its March 15, 2023 meeting. The original quote did not include shipping costs and staff recommends amending the Purchase Order spending limit to allow for distributor packaging and shipping of the equipment.
FISCAL IMPACT
The total cost of services will not exceed $210,964.98. Funding is included in the Electric Department's FY2022-23 budget in the Electric Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a sole source purchase order meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Matt Garner, Power Generation Superintendent
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
American Compressor Quote - Revised
April 27, 2023
Roseville Energy Park
5120 Phillip Road
Roseville, California 95747
Attention: Jason Sherrer
Phone: 661 330 9817
Email: [email protected]
Reference: Roots 1216 RGS-J Steam Vapor Compressor.
Our Files: ro2279qt & 230310-b
Jason,
Qty Description Each Total
2. 1216 RGS-J-V-N-PL-71 $95,156.00 $190,312.00
Rotary lobe gas blower / steam vapor compressor
Duplicate to serial LR16-10151
Inbound Freight $3,920.00
$194,232.00
7.75% Sales Tax $15,052.98
Outbound Freight $1,680.00
$210,964.98
Delivery: 32 to 34 weeks after receipt of written purchase order.
Shipment: FOB Santa fe Springs, California.
Payment Terms: Net 30 Days
Thank you for this opportunity to be of service. If you have any further questions, please contact this office.
Best Regards,
AMERICAN COMPRESSOR COMPANY
Tony Piraino
COUNCIL COMMUNICATION
CC #: 2698
File #: 0203-07
Title: Electric Generation Specialty Chemicals – Purchase Order Amendment Contact: Matt Garner 916-746-1691 [email protected] Meeting Date: 5/17/2023
Item #: 7.7.
RECOMMENDATION TO COUNCIL
Staff requests that the City Council approve an amendment to Purchase Order #9012905 with Solenis LLC. to retroactively increase the not-to-exceed spending total to $200,000.
BACKGROUND
Roseville Electric Utility uses specialty chemicals at the Roseville Energy Park (REP) to treat water in order to preserve equipment subjected to corrosive environments, maintain water pH at optimum levels, minimize operational upsets, and increase overall efficiency. The chemicals are essential for the operation of the facility.
The chemicals are a variable cost item for the REP. The use, and therefore cost, of the chemicals vary proportionally with the facility’s operation. The electric utility initially obtained a $67,263.81 purchase order with Solenis LLC. (Solenis) for fiscal year 2023 based on a forecast of REP operation. After obtaining the purchase order, chemical supplies became increasingly hard to procure which inflated prices. At the same time, the REP operated more than forecasted due to significant and rapid changes in the electricity market. These factors resulted in the electric utility exceeding the Solenis purchase order.
Roseville Electric Utility is currently in the process of obtaining a new chemical supply vendor through a Request for Proposals process. However, to close out the existing Solenis purchase order, staff requests a retroactive amendment to the purchase order to pay remaining chemical costs.
FISCAL IMPACT
The total cost of services will not exceed $200,000. Funding is available in the approved Electric Department FY2022-23 budget in the Electric Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of the purchase order spending authority increase meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Matt Garner, Power Generation Superintendent
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
COUNCIL COMMUNICATION
CC #: 2707
File #: 0203-10
Title: Calsense Irrigation Controllers (RFQ 10-3342) - Purchase Order Contact: Sue Jessup 916-746-1107 [email protected] Meeting Date: 5/17/2023
Item #: 7.8.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a purchase order to Heritage Landscape Supply Group, Inc. dba Normac as the lowest responsive and responsible bid received for Calsense irrigation controllers in response to Request for Quotes (RFQ) 10-3342.
BACKGROUND
Parks Division staff has a requirement for irrigation controllers. The controllers are located in panel boxes along City streets, which may include multiple controllers in each community facilities district (CFD) due to the miles of streetscapes within certain districts. The controllers operate irrigation within the districts that supports trees, turf, shrubs, etc., increasing water use efficiency and minimizing water waste. The new controllers are being purchased to replace older poorly functioning and antiquated units.
This purchase is to continue replacing obsolete Windows-based Motorola controllers with the City’s adopted standard of the Web-based Calsense System. The new controllers will be used by Park Maintenance staff and contracted partners to maintain the City’s landscape areas. Installation will be completed by a combination of City staff and contractors.
Items on the bid were estimated quantities and to be ordered on an as-needed basis.
A formal bid was issued with the following responses:
Bidder Grand Total
Heritage Landscape Supply Group, Inc. dba Normac $152,440.70 Sacramento, CA
Imperial Sprinkler Supply $157,365.66
Sacramento, CA
Ewing Irrigation and Landscape Supply $163,079.23
Roseville, CA
Technology International, Inc. $280,094.80
Lake Mary, FL
FISCAL IMPACT
The total not-to-exceed spend amount for FY2022-23 is $180,000. Funding is included in the following CFD FY2022-23 budgets: Crocker Ranch, Fiddyment, North Roseville, Olympus, Stoneridge, West Park, Woodcreek West, North Central, Northwest, and Infill LLD Zone B. There is no fiscal impact on the City's General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The purchase of Calsense irrigation controllers meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Sue Jessup, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
COUNCIL COMMUNICATION
CC #: 2708
File #: 0900-02
Title:
Pleasant Grove Pump Station Variable Frequency Drive Upgrade and Valve Automation – Approval of Plans and Specifications and Authorization to Call for Bids Contact: Jason Marks 916-774-5508 [email protected] Meeting Date: 5/17/2023
Item #: 7.9.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve the Pleasant Grove Pump Station Variable Frequency Drive (VFD) Upgrade & Valve Automation plans and specifications and authorize staff to advertise for construction bids.
BACKGROUND
The Pleasant Grove Pump Station Modifications Project (#500227) will provide the City with drought resiliency and improved operational efficiency. The modifications will add variable frequency drives to the pump station allowing operators to maintain pressures in the water distribution system resulting in more optimal use of existing infrastructure. In addition, automating valves will allow City staff to operate the pump station remotely, leading to faster response times in an emergency and improved use of staff resources.
A competitive bid process will be utilized to select a contractor for this project. The estimated project duration is six (6) months. The estimated cost of the project is $611,000.
FISCAL IMPACT
This project is estimated to cost $611,000. Funding for the Pleasant Grove Pump Station Modifications Project (#500227) is provided by the Water Rehabilitation Fund.
ENVIRONMENTAL REVIEW
The proposed project involves the maintenance and minor alterations of existing public structures, facilities, and mechanical equipment, and replacement of existing utility systems and/or facilities involving negligible or no expansion of capacity. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines §15301) and a Class 2 Exemption (State CEQA Guidelines §15302). 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,
Jason Marks, Process Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
PG Pump Station VFD Upgrades and ValveAutomation Project Manual City of Roseville California RFP#08-108 TOC-1
Well Drilling – Misty Wood (Well 13) and Campul Oaks (Well 19) [B:\EU\EU-PROJECTS\WATER UTILITY\WATER_CIP\Water Distribution System Planning\Drought Projects\Pump back station\RFB\Project Manual_PG PS Upgrade.docx; 9/8/22] Buildings & Grounds
Project Manual
Project:
Pleasant Grove Pump Station VFD Upgrade and
Valve Automation
Department:
Environmental Utilities
City of Roseville California RFB TOC-i
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
PROJECT MANUAL
TABLE OF CONTENTS
NOTICE TO CONTRACTORS NTC
1-5
INSTRUCTIONS TO BIDDERS INT
Section 1: General 1
Section 2: Bid Requirements 3
Section 3: Evaluation of Bids 9
Section 4: Award and Execution of Contract 11
Section 4: Bid Protest Procedures 14
PROPOSAL PROP
Proposal to the Department of Environmental Utilities 1 Statement of Qualifications and Experience 6
Designation of Subcontractors 7
Security for Compensation Certificate 8
Bidder’s Bond 9
Schedule of Bid Items 12
Noncollusion Affidavit 13
Disqualification Questionnaire 14
Acknowledgement of Insurance and Bond Requirements 15
Disclaimer of Warranties and Accuracy of Data 16
AGREEMENT AGR
1-7
INSURANCE INS
Table of Contents for Insurance Information Packet i
Notice to Contractor 1
Notice to Insurance Broker 2
Insurance Requirements 3
Faithful Performance Bond 10
Labor and Materials Payment Bond 15
GENERAL CONDITIONS GC
Table of Contents for General Conditions i-iv
City of Roseville California RFB TOC-ii
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Section 1: Definitions and Terms 1:1
Section 2: Control and Scope of Work 2:1
Section 3: Changes in the Work 3:
Section 4: Control of Materials 4:1
Section 5: Legal Relations and Responsibility 5:1
Section 6: Prosecutions and Progress 6:1
Section 7: Acceptance and Payment 7:1
TEXT OF AB 626 AB 626
1-9
SUPPLEMENTAL CONDITIONS: SC
Table of Contents for Supplemental Conditions i
Scope of Supplemental Conditions 1
Section 1: Definitions and Terms 2
Section 2: Control and Scope of Work 3
Section 3: Changes in the Work 4
Section 4: Control of Materials 5
Section 5: Legal Relations and Responsibility 6
Section 6: Prosecutions and Progress 7
Section 7: Acceptance and Payment 8
SPECIAL PROVISIONS SP
Table of Contents for Special Provisions i
SPECIFICATIONS for CONSTRUCTION (PREPARED BY D&A) SPEC
DRAWINGS (PREPARED BY D&A) DRAW
City of Roseville California RFB NTC - 1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
CITY OF ROSEVILLE
DEPARTMENT OF ENVIRONMENTAL UTILITIES
Name of Project: Pleasant Grove Pump Station VFD Upgrades and Valve Automation
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 ___________________________ 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 _____________________, 20__ at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project:
_____________________________________________________________________________.
A pre-bid meeting will be held at ____________________________________________ ______________________________________________.
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 https://www.roseville.ca.us/business/procurement_services/bids_rfps. 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 RFB NTC - 2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 Pleasant Grove Pump Station VFD Upgrade
and Valve Automation
(Name of Bidder)
(Address of Bidder)
City of Roseville California RFB NTC - 3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.
Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.
The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental 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 ___, _______________________ 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 City of Roseville California RFB NTC - 4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation work is to be done to be as determined by the Director of Industrial Relations of the State of California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.
Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any 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 shall be directed to the attention of ______________________________ via ________________________________ at _______________________________. The deadline for submissions of questions and clarifications regarding the Contract Documents is _______ calendar days before the deadline for City of Roseville California RFB NTC - 5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation bid submissions. Only Addenda issued by the City are binding. ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
City of Roseville California RFB INT - 1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB INT - 2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.
No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of onehalf of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.
City of Roseville California RFB INT - 5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.
All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.
All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2-1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any City of Roseville California RFB INT - 6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INT - 14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.
SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.
Project ____________________________
Contractor _________________________
City of Roseville California RFB PROP - 1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
PROPOSAL
PROPOSAL TO THE DEPARTMENT OF ENVIRONMENTAL UTILITIES
for
Pleasant Grove Pump Station VFD Upgrades
and Valve Automation
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
City of Roseville Business License No.
The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.
City of Roseville California RFB PROP - 2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The Notice to Contractors, Instructions to Bidders, Form of Agreement, Specifications, General Conditions, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.
The work to be done is described in the Bidding Documents entitled Pleasant Grove Pump Station VFD Upgrades and Valve Automation, City of Roseville, California.
This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.
The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that the Bidder has carefully examined the location of the proposed Work, the attached Form of Agreement, and the plans, Specifications, and other Contract Documents; and agrees if this Proposal is accepted, that it will contract with the City of Roseville, in the form of a copy of the Agreement contained in the Project Manual, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that the Bidder will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers ________________. (IF NONE, STATE NONE).
City of Roseville California RFB PROP - 3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.
The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.
The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.
Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If SOLE OWNER, execute here:
I sign as sole owner of the business named above:
_____________________________________________________________________________ City of Roseville California RFB PROP - 4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation If PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________ If CORPORATION, execute here:
Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
City of Roseville California RFB PROP - 5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
City of Roseville California RFB PROP - 6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
LIST OF SUBCONTRACTORS
Contractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.
PORTION/
TYPE OF
WORK
% OF
CONTRACT
SUBCONTRACTOR’S
NAME
CONTRACTOR
LICENSE NO.
DIR REG.
NO.
BUSINESS ADDRESS
(CITY, STATE)
City of Roseville California RFB PROP - 8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB PROP - 10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________, 20___.
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Principal
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Surety
__________________________________
__________________________________
Business Address
NOTE: To be considered complete, both the Principal and the Surety must sign this Bidder’s Bond. In addition, signatures of those executing for the Surety must be properly acknowledged.
Project ____________________________
Contractor _________________________
City of Roseville California RFB PROP - 11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
SCHEDULE OF BID ITEMS
Bid
Item Item Description Unit Estimated Quantity
Unit Price
($) Total Amount ($)
1 Mobilization and Demobilization Lump Sum 1
2 Trenching CY 25
3 Backfill CY 25
4 Potholing Each 4
5 Demolition SF 300
6 Coring for Conduits Each 16
7 Landscaping SF 500
8 Concrete CY 10
9 Grout CY 5
10 Hydraulic Hose Conduit LF 350
11 Valve Actuators EA 4
12 Control Enclosure LS 1
13 Site Electrical, Conduit & Junction
Boxes LS 1
GRAND TOTAL BID PRICE ($) = ______________________________________________ Grand Total Bid Price in Words:_________________________________________________ City of Roseville California RFB PROP - 12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB PROP - 16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
Name of Business/Company/Corporation Date
Address Phone
END OF PROPOSAL
City of Roseville California RFB AGR - 1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
AGREEMENT
THIS AGREEMENT, is made and entered into this _____ day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S E T H:
WHEREAS, the City Council of the CITY, at a meeting held on the ____day of __________________, 20_____, approved plans and specifications for the ______________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a City of Roseville California RFB AGR - 2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AGR - 3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
4. LIQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.
Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $1,500.00 per day as liquidated damages, in the event of such delay.
5. TIME OF COMPLETION. Time is of the essence of this Agreement.
CONTRACTOR shall complete all Work under the Contract Documents within 181 Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.
6. SERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.
CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________
City of Roseville California RFB AGR - 4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AGR - 5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the ____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.
CITY OF ROSEVILLE, a ___________________________, a
municipal corporation _____________________________
BY:______________________________ BY: __________________________ DOMINICK CASEY its: __________________________
City Manager
and
ATTEST:
BY: __________________________
its: __________________________
BY:______________________________
CARMEN AVALOS
City Clerk
City of Roseville California RFB AGR - 6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation APPROVED AS TO FORM:
BY: ______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: ______________________________
Print Name:________________________
Title:______________________________
City of Roseville California RFB INS -i
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
INSURANCE BROKER INFORMATION PACKET
Pleasant Grove Pump Station VFD Upgrades
And Valve Automation
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 RFB INS -1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB INS -2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as the Pleasant Grove Pump Station VFD Upgrades and Valve Automation 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:
Jason Marks
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 RFB INS -3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB INS -4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss.
City of Roseville California RFB INS -5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and selfinsured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
City of Roseville California RFB INS -10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
PUBLIC WORKS
FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the Bond No. ____________________
Premium $____________________
City of Roseville California RFB INS -11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
PUBLIC WORKS
LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which Bond No. _________________
Premium $________________
City of Roseville California RFB INS -16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -17
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB INS -18
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB GC – i
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB GC – ii
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – iii
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – iv
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – v
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – vi
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – vii
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – viii
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – ix
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 1
DEFINITIONS AND TERMS
1-1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1-1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1-1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, AsBuilt Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1-1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance City of Roseville California RFB GC – 1:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 1:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such nonconformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.
The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.
City of Roseville California RFB GC – 2:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.
The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.
Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample crossreferences to the Contract Documents, to facilitate identification of items and their location in the Work.
All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.
These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic City of Roseville California RFB GC – 2:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
15. Mechanical drawings
16. Printouts of all software programs and configuration files
17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:
18. Alternate specified operating modes
19. Emergency shutdown instructions
20. Normal shutdown instructions
21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.
B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.
Equipment shall not be considered ready for full time operation until after the authorized factorytrained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.
Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
City of Roseville California RFB GC – 2:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:17
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:18
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:19
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:20
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:21
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 2:22
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account markups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.
Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a City of Roseville California RFB GC – 3:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation (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 RFB GC – 3:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC – 3:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 4:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 4
CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.
Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.
All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director City of Roseville California RFB GC - 4:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation before Acceptance of the Contract.
Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Contractors for the Work is dated, except as may be otherwise stated.
When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State City of Roseville California RFB GC - 4:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.
The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.
Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.
Whenever a Supplemental Condition, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Director may at his or her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.
When requested by the Director, the Contractor shall furnish, without charge, samples of City of Roseville California RFB GC - 4:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.
A. Inspection and Access for Testing. The Contractor shall provide safe access for the Director and his or her inspectors to adequately inspect the quality of Work and conformance with the General and Supplemental Conditions. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.
The Contractor shall submit samples or specimens of such materials to be furnished or used in the Work as the Director may require. The Contractor shall furnish the Director all necessary labor and facilities for such things as excavation in the compacted fill to depths required to take samples.
Inspections, tests, or favorable review by the Director or others shall not relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.
Work covered without the favorable review or consent of the Director shall, if required by the Director, be uncovered for examination at the Contractor's expense.
If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of City of Roseville California RFB GC - 4:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.
Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.
It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.
City of Roseville California RFB GC - 4:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.
B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.
The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.
Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.
Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.
C. Costs of Testing.
1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be City of Roseville California RFB GC - 4:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.
2. Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent retesting occasioned by the non-compliance shall be performed by the same testing Laboratory and the cost thereof will be deducted by the City from the balance owed the Contractor. Contractor shall be billed for each additional test.
3. Contractor Convenience Testing: Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.
4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all City of Roseville California RFB GC - 4:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The Department reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Director.
City of Roseville California RFB GC - 5:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 5
LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said City of Roseville California RFB GC - 5:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.
A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City City of Roseville California RFB GC - 5:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.
City of Roseville California RFB GC - 5:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.
If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.
In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by the Contractor or Subcontractor.
If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay City of Roseville California RFB GC - 5:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.
2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.
3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.
4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.
Pursuant to the provisions of California Labor Code Section 1773, the City has obtained City of Roseville California RFB GC - 5:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.
These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm, which is incorporated herein as a part of this Contract.
Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.
Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.
When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract. 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.
City of Roseville California RFB GC - 5:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.
A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following City of Roseville California RFB GC - 5:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.
3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.
However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.
E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or City of Roseville California RFB GC - 5:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation obliterated to prevent disclosure of an individual's name, address and social security number.
The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labormanagement committee reasonable attorneys’ fees and costs incurred in maintaining the action.
An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.
F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.
G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor City of Roseville California RFB GC - 5:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.
Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.
The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.
Prior to Contractor commencing construction project work on City property, Contractor City of Roseville California RFB GC - 5:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:
1. Bloodborne Pathogens Exposure Control Plan;
2. Confined Space Entry Procedure;
3. Electrical Safety Program (Lockout/Tagout);
4. Emergency Action Plans (Site Specific);
5. Fire Prevention Plans (Site Specific);
6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);
7. Hazard Communication Program (SDS’s and Right-to-Know training);
8. Heat Illness & Prevention Plan;
9. Hearing Conservation Program;
10. Hot Work/Welding Procedure;
11. Job Hazard Analyses/Standard Operating Procedures;
12. Traffic Control & Flagging;
13. Excavation/Dig Safe Procedure;
14. Fall Protection Plan;
15. Personal Protective Equipment Plan;
16. Respirable Crystalline Silica Exposure Control Plan;
17. Respirator Program;
18. Soils Management Plan (for contaminated soils); and City of Roseville California RFB GC - 5:12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB GC - 5:13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.
For purposes of this section only, the term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.
The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its City of Roseville California RFB GC - 5:15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:17
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:18
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:19
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:20
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:21
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:22
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:23
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:24
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:25
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:26
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:27
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 5:28
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 City of Roseville California RFB GC - 5:29
Pleasant Grove Pump Station VFD Upgrade and Valve Automation (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.
5. Builder’s Risk/Course of Construction Insurance (If Required by Risk Management): The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards City of Roseville California RFB GC - 5:30
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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.
City of Roseville California RFB GC - 5:31
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 City of Roseville California RFB GC - 5:32
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 selfinsured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured City of Roseville California RFB GC - 5:33
Pleasant Grove Pump Station VFD Upgrade and Valve Automation retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and private agencies may be granted a right-of-entry by the City for the purpose of constructing City of Roseville California RFB GC - 5:34
Pleasant Grove Pump Station VFD Upgrade and Valve Automation facilities within and adjacent to the Work Site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the City’s property.
During performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The City may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two (2) or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by its operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.
If any party of the Contractor’s Work depends on the work of any other contractor and/or the City for proper execution and/or results, the Contractor shall promptly notify the City of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor’s own Work. If it becomes necessary, the City will resolve coordination and access problems.
The Contractor and its representative in charge of the Work shall familiarize themselves with the City’s property and Work Site, and adjacent surroundings in the vicinity of said Wok, and any private or public operations on adjoining properties. 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO
ACCEPTANCE. The City may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be substantially complete. Unless the reason for the City’s taking Beneficial Occupancy is that the Contractor has not completed the Work (or portions thereof) in accordance with the Contract City of Roseville California RFB GC - 5:35
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Time, the City’s Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the City has taken Beneficial Occupancy other than that resulting from the Contractor’s act or omission, negligence, willful misconduct or breach of warranty.
Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the City shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, the Contractor shall not be entitled to any additional compensation on account of said occupancy by the City, nor shall the Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor’s obligation to complete the Work in accordance with the Construction Schedule.
Beneficial Occupancy shall not be deemed an Acceptance by the City either of the Work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective Work or materials found at any time before the formal written Acceptance of the entire Contract by the Director or during the full warranty period after such Acceptance, as provided in Section 7-1.12, “Warranty,” of these General Conditions.
The City’s Beneficial Occupancy shall not relieve the Contractor of its responsibility to maintain all insurance and bonds required under the Contract Documents until the entire project is accepted by the City.
5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT. If, after Installation, the operation or use of the facilities or equipment to be furnished under this Contract proves to be unsatisfactory to the Director, the City shall have the right to operate and use such facilities or equipment until they can, without damage to the City, City of Roseville California RFB GC - 5:36
Pleasant Grove Pump Station VFD Upgrade and Valve Automation be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:
A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.
B. Occupancy and use by the Department or the public prior to the completion of the entire project.
C. Acts of the Federal Government or the public enemy.
City of Roseville California RFB GC - 5:37
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 5-1.30 RESPONSIBILITY FOR UTILITIES. The Contractor shall be responsible at its own cost for any and all Work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the Work, including without limitation, repair of any or all damage and all hand or exploratory excavation required.
The Contractor is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and when working or excavating in the vicinity of such cables, or the ducts enclosing such cables, the Contractor shall undertake at its own cost any special precautions required. Suitable warning signs, barricades, and safety devices shall be erected as necessary or required.
However, if during the course of the Work the Contractor encounters utility Installations which are not shown or indicated in the Contract Documents or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then the Contractor shall promptly notify the Director in writing. Where necessary for the Work of the Contract, the Director shall issue a written order to the Contractor to make such adjustments, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. The Contractor shall perform the Work described in such written order, and compensation therefor will be made in accordance with Section 3 of these General Conditions relating to changes in the Work. Except for the items of cost specified in said Section 3, the Contractor shall receive no compensation for any other cost, damage, delay, interference, or hindrance to him or her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions for the Director, then the Contractor shall be liable for any or subsequent to discovery thereof, and the Contractor shall repair and make good such damage at its own cost.
City of Roseville California RFB GC - 5:38
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.
The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least fortyeight (48) hours in advance.
City of Roseville California RFB GC - 5:39
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability arising under or by virtue of the Contract.
City of Roseville California RFB GC - 5:40
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop City of Roseville California RFB GC - 5:41
Pleasant Grove Pump Station VFD Upgrade and Valve Automation Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or
2. Replace such materials, equipment, devices, processes; or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and City of Roseville California RFB GC - 5:42
Pleasant Grove Pump Station VFD Upgrade and Valve Automation operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.
City of Roseville California RFB GC - 5:43
Pleasant Grove Pump Station VFD Upgrade and Valve Automation During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:
A. The Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
City of Roseville California RFB GC - 5:44
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.
B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.
C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 CONTRACTOR REGISTRATION. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, the Contractor and its subcontractors shall have a continuing legal obligation to maintain current City of Roseville California RFB GC - 5:45
Pleasant Grove Pump Station VFD Upgrade and Valve Automation registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.
To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor.
SECTION 6
PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be City of Roseville California RFB GC - 7:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.
Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.
The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.
Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.
City of Roseville California RFB GC - 7:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.
The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 6-1.03 BEGINNING OF WORK. After the execution of the Contract by both parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.
The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract City of Roseville California RFB GC - 7:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation (i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed
4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.
5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This City of Roseville California RFB GC - 7:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be retained by the Director.
6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing City of Roseville California RFB GC - 7:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.
C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.
D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:
1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.
2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.
3. When the schedule does not represent actual prosecution and progress of the Work.
4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.
5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work City of Roseville California RFB GC - 7:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation with its proposal.
E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director. 6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.
City of Roseville California RFB GC - 7:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation the Contract Documents.
In the event of a suspension of Work under any of the conditions set forth in this Section 6-1.06, such suspension of Work shall not relieve the Contractor of its legal responsibilities as set forth in these General Conditions.
6-1.07 TIME OF COMPLETION. The Contractor shall complete the entire Work, including Installation, repairs, startup, troubleshooting, painting, and touchup, training, submittal or record drawings, and manuals, cleanup, demobilization, and all other Work within the number of Days set forth in the Supplemental Conditions. The time for completion includes an allowance for working time lost due to normal inclement weather.
Extensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:
A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.
B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately preceding five (5) years of record by at least two inches (2”).
Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely City of Roseville California RFB GC - 7:13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:17
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:18
Pleasant Grove Pump Station VFD Upgrade and Valve Automation It is expressly understood and agreed that delays caused by the City will be noncompensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.
Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:
1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these General Conditions, no payment will be made for delays in accordance with the provisions of this section.
Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time City of Roseville California RFB GC - 7:19
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:20
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:21
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:22
Pleasant Grove Pump Station VFD Upgrade and Valve Automation termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.
The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Contract without approval of the City; or
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor City of Roseville California RFB GC - 7:23
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:24
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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, City of Roseville California RFB GC - 7:25
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 cleanup items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:
1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or
2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or
3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.
If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and accepted the Work by Resolution of the City Council or by written City of Roseville California RFB GC - 7:2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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, City of Roseville California RFB GC - 7:3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 City of Roseville California RFB GC - 7:5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:10
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:11
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:12
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB GC - 7:13
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:14
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
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 RFB GC - 7:15
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:16
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB GC - 7:17
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 statemandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution City of Roseville California RFB AB 626-3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB AB 626-9
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB SC - i
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
SUPPLEMENTAL CONDITIONS
Project: Pleasant Grove Pump Station VFD Upgrades
And Valve Automation
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 RFB SC - 1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB SC - 2
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:
The Department for Contract Administration is the Environmental Utilities Department of the City of Roseville.
City of Roseville California RFB SC - 3
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:
The time allowed for review of each submittal is (10) ten Days after receipt of the submittal by the Director.
City of Roseville California RFB SC - 4
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.
City of Roseville California RFB SC - 5
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.
City of Roseville California RFB SC - 6
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:
To the best of the City's knowledge, asbestos is not__ present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.
City of Roseville California RFB SC - 7
Pleasant Grove Pump Station VFD Upgrade and Valve Automation SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:
Progress schedules showing project completion dates more than _30_ Days earlier than specified in Section 6-1.07 shall be rejected.
6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:
The Contractor shall begin Work within _21_ business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within _90_ business days of the Notice to Proceed.
If landscaping plants require an establishment period, that period will be _60_ calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:
The amount of Liquidated Damages is the sum of $500.00___ per Day.
City of Roseville California RFB SC - 8
Pleasant Grove Pump Station VFD Upgrade and Valve Automation 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 RFB SP -2:1
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
SPECIAL PROVISIONS
Table of Contents for Special Provisions
SP
City of Roseville California RFB SPEC – i
Pleasant Grove Pump Station VFD Upgrade and Valve Automation
SPECIFICATIONS FOR CONSTRUCTION
Specifications for the Construction of the City of Roseville Pleasant Grove Pump Station VFD Upgrade and Valve Automation
Specifications
for
Construction of the
PLEASANT GROVE PUMP STATION
VFD UPGRADE AND VALVE AUTOMATION
for the
City of Roseville
January 2023
Domenichelli & Associates
Civil Engineering
Specifications
for
Construction of the
PLEASANT GROVE PUMP STATION
VFD UPGRADE AND VALVE AUTOMATION
January 2023
Domenichelli & Associates
Civil Engineering
TABLE OF CONTENTS
City of Roseville
Pleasant Grove Pump Station 1 Table of Contents
Section
Number Title
02 00 00 Site Conditions
02 05 50 Demolition and Site Preparation
03 30 00 Concrete Cast in Place
03 60 00 Grout
05 50 10 Anchor Bolts and Expansion Anchors
07 90 00 Sealants
11 01 00 General Requirements for Equipment
11 05 00 Equipment Mounting
26 05 00 Electrical
26 05 73 Electrical System Analysis
40 05 57 Electro-hydraulically Operated Actuators
TABLE OF CONTENTS
City of Roseville
Pleasant Grove Pump Station 2 Table of Contents
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City of Roseville
Pleasant Grove Pump Station 02 00 00 - 1 Site Conditions SECTION 02 00 00
SITE CONDITIONS
PART 1 - GENERAL
1.01 SUMMARY
A. Section includes:
1. Location
2. Weather Conditions
3. Elevation
4. Naturally Occurring Asbestos (NOA)
1.02 STATION LOCATION
A. Approximate Coordinates: N 38.768° W 121.340°
1.03 WEATHER CONDITIONS
A. Below freezing conditions may exist during the winter months.
B. 100 degree plus temperatures exist during the summer months.
1.04 ELEVATION
A. Elevation at the station is approximately 105 feet above mean sea level.
1.05 NATURALLY OCCURRING ASBESTOS (NOA)
A. If while excavating the contractor sees any materials which appear to contain asbestos fibers, the Contractor is to stop excavation and report the findings to the City immediately.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 02 00 00 - 2 Site Conditions
THIS PAGE LEFT BLANK INTENTIONALLY
City of Roseville
Pleasant Grove Pump Station 02 05 50 - 1 Demolition and Site Preparation SECTION 02 05 50
DEMOLITION AND SITE PREPARATION
PART 1 - GENERAL
1.01 SUMMARY
A. Demolition and site preparation includes all clearing, grubbing and demolition Work.
1.02 JOB CONDITIONS
A. The Contractor shall determine the actual condition of the site as it affects the Work.
B. In General, the demolition will include:
1. Clearing and Grubbing.
2. Demolition as required to complete the work.
3. Removal and disposal of any material, debris and appurtenances as required to complete the work.
1.03 QUALITY ASSURANCE
A. General: All work shall be performed in accordance with the local building codes, State Industrial Safety Orders and requirements of the Occupational Safety and Health Act requirements.
B. Schedule: Demolition must be scheduled to allow all existing services and utilities to remain in continuous operation as long as possible. No interruption in operation will be permitted without authorization from the Owner’s Representative. Contractor shall provide any temporary means and facilities required to keep the required services in operation when the normal means requires interruption.
C. Protection
1. Demolition shall be performed in such a manner as to not harm adjacent structures, equipment, existing landscaping or natural vegetation. a. The Contractor shall assume full responsibility for such disturbance. b. All costs of any such repair, rehabilitation, or modifications shall be borne by the Contractor.
c. Existing facilities not scheduled for demolition, which are damaged by construction activities, shall be repaired or replaced at the District’s discretion and at the Contractor’s expense.
2. The Contractor shall provide such protection and means as may be required to transfer material to the ground.
a. Throwing, dropping or permitting the free fall of material and debris from heights which would cause damage to other work, existing structures, or equipment; undue noise or nuisance; or excessive dust is expressly prohibited.
D. Protect existing trees and other vegetation to remain against damage.
1. Do not smother trees by stockpiling construction materials or excavated materials within drip line.
2. Do not permit foot or vehicular traffic or parking of vehicles within drip line.
City of Roseville
Pleasant Grove Pump Station 02 05 50 - 2 Demolition and Site Preparation
3. Provide temporary protection as required.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.01 GENERAL
A. The Contractor shall notify the Owner’s Representative when demolition is complete.
3.02 PERFORMANCE
A. Clearing and Grubbing
1. The site of all open-cut excavations and areas to be cleared, shall be cleared and grubbed prior to excavation.
a. Unless otherwise specified, the Contractor shall remove obstructions such as brush, trees, logs, roots, root balls, heavy sod, vegetation, rock, stones larger than 6 inches in any dimension, broken or old concrete and pavement, debris, and structures.
b. Clearing and grubbing in areas of structural improvement such as concrete structures shall be cleared and grubbed as above except that obstructions larger than 2 inches in any dimension shall be removed.
3.03 SALVAGE
A. None
3.04 REMOVED MATERIAL AND DEBRIS
A. Where Contractor is directed on the Drawings to “Demolish” or “Remove” material or facilities it is understood that the material will be removed and disposed of offsite unless specifically stated otherwise or directed by the Owner’s Representative.
B. All materials shown to be removed and debris shall become the property of the Contractor and shall be removed from the site.
C. Materials and debris generated by demolition activities shall not be allowed to accumulate. Debris shall be removed daily and disposed of in a lawful manner.
3.05 RESTORATION
A. Restore adjacent structures and facilities damaged during demolition or other construction to original or better condition.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 1 Concrete Cast in Place SECTION 03 30 00
CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.01 SUMMARY
A. Section includes:
1. Cast-in-place concrete.
2. Reinforcing steel.
3. Forms.
4. Concrete accessories.
1.02 REFERENCES
A. Reference standards:
1. Current version of all.
2. ACI 214: Recommended Practice for Evaluating Compression Test Results of Field Concrete.
3. ACI 224: Control of cracking in Concrete Structures.
4. ACI 224.3: Joints in Concrete Construction.
5. ACI 301: Specifications for Structural Concrete.
6. ACI 305: Recommended Practice for Hot Weather Concreting.
7. ACI 306: Recommended Practice for Cold Weather Concreting.
8. ACI 306.1: Standard Specifications for Cold Weather Concreting.
9. ACI 315: Manuals of Standard Practice for Detailing Reinforced Concrete Structures.
10. ACI 318: Building Code Requirements for Reinforced Concrete.
11. ACI 347: Recommended Practice for Concrete Formwork.
12. ACI 350: Environmental Engineering Concrete Structures.
13. ASTM A82: Cold-Drawn Steel Wire for Concrete Reinforcement.
14. ASTM A185: Welded Wire Fabric for Concrete Reinforcement.
15. ASTM A497: Welded Preformed Steel Wire Fabric for Concrete Reinforcement.
16. ASTM A615: Deformed Billet-Steel Bars for Concrete Reinforcing.
17. ASTM C31: Making and Curing Concrete Test Specimens in the Field.
18. ASTM C33: Concrete Aggregate.
19. ASTM C39: Test for Compressive Strength for Cylindrical Concrete Specimens.
20. ASTM C94: Ready-Mixed Concrete.
21. ASTM C127: Test for Specific Gravity and Adsorption of Coarse Aggregate.
22. ASTM C128: Test for Specific Gravity and Adsorption of Fine Aggregate.
23. ASTM C136: Test for Sieve or Screen Analysis of Fine and Coarse Aggregates.
24. ASTM C143: Test for Slump of Portland Cement Concrete.
25. ASTM C150: Portland Cement.
26. ASTM C192: Making and Curing Concrete Test Specimens in the Laboratory.
27. ASTM C231: Test for Air Content of Freshly Mixed Concrete.
28. ASTM C260: Air Entraining Admixtures for Concrete.
29. ASTM C494: Chemical Admixtures for Concrete.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 2 Concrete Cast in Place
30. ASTM C618: Fly Ash and Raw on Calcined Natural Pozzolans for use in Portland Cement.
31. PS1: Construction and Industrial Grade Plywood (ANSI A199.1).
1.03 SUBMITTALS
A. The Contractor shall provide submittals as required hereunder.
1. Reinforcing bar lists and fabrication placement and Drawings.
2. Product information for all additives, sealers, form ties, form coating, waterstops, and accessories.
3. Concrete mix design.
4. Submit tests for the same mix design number within the last 6 months demonstrating break strength.
1.04 QUALITY ASSURANCE
A. Tolerances: ACI 301 and ACI 347 as modified herein. In case of conflict ACI 347 governs over ACI 301.
B. Compliance with the requirements specified herein may necessitate modification to the manufacturer's standard material or equipment.
C. Concrete mix design:
1. Contractor to provide and pay for the concrete mix design.
2. Compression tests:
a. Prepare two (2) sets of compression test cylinders from each proposed concrete mix, three (3) cylinders per set.
b. Test one (1) set of three (3) cylinders at seven (7) days, the other at 28 days. c. Make, cure, and store in accordance with ASTM C192.
d. Test in accordance with ASTM C39.
3. Test the proposed concrete mix for each size and graduation of aggregates and each consistency intended for use in the project.
4. Aggregates:
a. Sample and test according to ASTM C33.
b. Determine bulk specific gravity in accordance with ASTM C127 and C128.
5. Fly ash: Supplier's chemical composition and physical analysis test.
6. Slump test: ASTM C143.
7. Total air content: ASTM C231.
8. Initial set test:
a. In accordance with ASTM C403.
b. Test at 70 degrees F and 90 degrees F ambient.
c. Test at 70 degrees F on mix including specified plasticizing and air entraining admixtures.
d. Test at 90 degrees F on mix including specified retarding and air entraining admixtures.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Storage and protection:
1. Cement and fly ash.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 3 Concrete Cast in Place a. Store in moisture-proof enclosures.
b. Do not use if caked or lumpy.
2. Aggregate.
a. Store to prevent segregation and inclusion of foreign materials. b. Do not use the bottom 6 inches of piles in contact with the ground.
3. Reinforcing steel: Store on supports that will keep it from contact with the ground.
4. Rubber and plastic materials.
a. Store in a cool place.
b. Do not expose to direct sunlight.
5. Sealers, form coatings, etc.
a. Store indoors according to manufacturer's request.
b. Discard any improperly stored materials.
B. Acceptance at site:
1. Prepare a delivery ticket for each load of ready-mixed concrete.
2. Truck operator shall hand ticket to District Representative at the time of delivery.
3. Ticket to show actual:
a. Quantity delivered in cubic yards
b. Actual amount of each material in batch.
1) Cement - lbs
2) Water – lbs
3) Coarse aggregate
4) Fine aggregate
5) Additives
c. Outdoor temperature in the shade.
d. Time at which cement was added.
e. Truck, project, and mix design identification number. f. Time water was added to the load.
4. Failure to provide the delivery ticket will be cause to reject the load.
5. Time Limits:
a. Mix designs including retarder: Failure to arrive at jobsite within 90 minutes after the addition of water will be cause to reject the load. b. Mix designs not including retarder: Failure to arrive at jobsite within 60 minutes after the addition of water will be cause to reject the load.
1.06 PROJECT/SITE CONDITIONS
A. Environmental requirements: See specification Section 02 00 00 PART 2 - PRODUCTS
2.01 MATERIALS
A. Forms:
1. Prefabricated: Simplex "Industrial Steel Frame Forms," Symons "Steel Ply," Universal "Uniform," or equal.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 4 Concrete Cast in Place
2. Plywood: PS1, waterproof resin-bonded, exterior type Douglas Fir; face adjacent to concrete, Grade B or better.
3. Fiberboard FS LLL-B-810, Type IX, tempered, waterproof, screen back, concrete form hardboard.
4. Lumber: Straight; uniform width and thickness; and free from knots, offsets, holes, dents, and other surface defects.
5. Form coating: Industrial lubricants "Nox-crete Form Coating," W. R. Meadows "Durogard," PRECO "Reebol Form Cote," or equal.
6. Form ties: Removable end, permanently embedded body type not requiring auxiliary spreaders, with cones on outer ends, embedded portion 1-inch minimum back from concrete face. If not provided with threaded ends, then they shall be constructed for breaking off ends without damage to concrete.
B. Reinforcing steel:
1. Bars: ASTM A615, Grade 60.
2. Beam stirrups and column ties: ASTM A615, Grade 60.
3. Welded wire fabric: ASTM A185 or A497.
4. Bar supports: PS7; CRSI Class B or E, fabricated from galvanized wire or having stainless steel legs.
C. Concrete:
1. Cement: ASTM C150, Type II or Type II LA.
2. Fly ash: ASTM C618, Class F, except loss on ignition not more than 5 percent.
3. Fine aggregate: clean, natural sand ASTM C33, or natural materials processed to conform to ASTM C33.
4. Coarse aggregate: crushed rock, natural gravel, or other inert granular material, ASTM C33 except clay and shale particles no more than 1 percent.
5. Water: clean and free of deleterious substances.
6. Admixtures:
a. Retarder: ASTM C494, Type D; Grace "Duratard-HC," Master Builders "Pozzolith 300-R," Protex "Protard," Sika Chemical "Plastiment". b. Plasticizer: ASTM C494, Type A; Grace "Daracem-100," Master Builders "Rheobuild 1000".
c. Air entraining agent: ASTM C260; Grace "Darex AEA," Master Builders "Micro-Air," W. R. Meadows "Sealtight".
d. Water reducer: Master Builders “Pozzolith 322N.
e. Or equal.”
D. Accessories:
1. Expansion material:
a. Sponge rubber expansion joint filler, ASTM 1501-71, ASTM D1752-83, Type
1. b. Acceptable manufacturers:
1) W.R. Meadows.
2) Epoxy Industries Inc.
3) Sonneborn.
4) Or equal.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 5 Concrete Cast in Place
2.02 MIXES
A. Design concrete mix within limits specified.
B. Comply with ASTM C94.
C. Cement content:
1. Minimum Portland Cement, lbs/cu yd, for concrete containing a water reducing admixture:
Concrete
Slump
Coarse Aggregate
Size No. 4 Sieve
to 1" Aggregate
(Thrust Blocks)
Coarse Aggregate
Size from No. 4
Sieve to
3/4" 1”
4" 542 583 555
2. If water reducing admixture is omitted, increase cement content 10 percent.
3. Contractor may substitute fly ash for up to 15 percent of cement at a rate of 1.5 lbs fly ash for each 1 lb of cement.
D. Water cement ratio: Shall not exceed 0.5.
E. Slump: Maximum 4-inch
F. Volume ratio of fine to total aggregates:
Coarse
Aggregate
Size
Minimum
Ratio
Maximum
Ratio
3/8"
1/2"
3/4"
1"
1-1/2"
0.45 0.40
0.35 0.30
0.25 0.50
0.50 0.50
0.46 0.42
G. Initial set:
1. 5-1/2 hours +1 hr after water and cement are added to the aggregates as determined by ASTM C403.
2. Adjust retarder quantities to compensate for temperature and job condition variations.
H. Admixtures:
1. Content, batching method, and time of introduction in accordance with the manufacturer's recommendations for compliance with this specification.
2. Include a water reducing admixture.
3. Calcium chloride is not permitted.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 6 Concrete Cast in Place
4. Superplasticizer may be required. A separate submittal and approval are required.
Slump tests shall be taken at the batch plant prior to addition, if a superplasticizer is used.
I. Strength: Minimum compressive strength as determined by ASTM C39 for concrete structures:
Controlled Density Fill
Age
Concrete
Structures
Minimum
Strength
Non-Structural
Minimum
Strength
Structural
Minimum
Strength
7 days
28 days
2,500 psi
3,500 psi
-
100 psi
-
1,200 psi
J. Consistency:
1. Suitable for the placement conditions.
2. Slump uniform.
3. Aggregate floating uniformly throughout the concrete mass.
4. Flow sluggishly when vibrated or spaded.
2.03 SOURCE QUALITY CONTROL
A. Test reports:
1. Submit reports of tentative concrete mix design and testing including:
a. Slump on which the design is based.
b. Total gal of water per cu yd.
c. Brand, type, composition, and quantity of cement.
d. Brand, type, composition, and quantity of fly ash.
e. Specific gravity and gradation of each aggregate.
f. Ratio of fine to total aggregates.
g. Surface-dry weight of each aggregate per cu yd.
h. Brand, type, ASTM designation, active chemical ingredients and quantity of each admixture.
i. Air content.
j. Compressive strength based on 7 day and 28 day compression tests. k. Time of initial set.
2. Submit suppliers certified fly ash test reports for each shipment delivered to concrete supplier.
a. Physical and chemical characteristics.
b. Certification of compliance with the specifications. c. Signed by Contractor and concrete supplier.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Forms:
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 7 Concrete Cast in Place
1. Design to produce hardened concrete to the shape, lines, and dimensions indicated on the Drawings.
2. Conform to ACI 347 as modified herein.
3. Surfaces exposed to view.
a. Prefabricated plywood panel forms, job-built plywood forms, or forms lined with plywood or fiberboard.
b. Laid out in a regular and uniform pattern with long dimensions vertical and joints aligned.
c. Produce finished surfaces free from offsets, ridges, waves, and concave or convex areas.
d. Maximum deviation from a true plane: 1/8-inch in 6 feet.
4. Plywood or lined forms are not required for surface (buried by backfill) not normally submerged or not normally exposed to view.
5. Other types of forms may be used:
a. For surfaces not restricted to plywood or lined forms. b. As backing for form lining.
6. Provide forms above all extended footings.
7. When placing concrete against gravel or crushed rock not containing 25 percent minimum material passing a No. 4 sieve:
a. Provide polyethylene film to protect concrete from water loss. b. Lap joints 4 inches.
8. Provide substantial forms sufficiently tight to prevent leakage of mortar.
9. Brace or tie forms to maintain desired position, shape, and alignment during and after concrete placement.
10. Size and space walers, studs, internal ties and other form supports so proper working stresses are not exceeded.
11. Form concrete column supported beams and slabs so column forms may be removed without disturbing beam and slab form supports.
12. Where the top of a wall will be exposed to weathering, stop form on at least one side at true line and grade.
13. Other locations to be finished to a specified elevation, slope, or contour, bring form to true line and grade and provide a wooden guide strip at the proper location in the forms for finishing the top surface with a screed or template.
14. At horizontal construction joints in walls, stop the forms on one side not more than 2 feet above the joint.
15. Provide temporary opening at the bottom of columns and wall forms and wherever necessary for cleaning and inspection.
16. Install form ties on exposed surfaces in uniformly spaced vertical and horizontal rows.
17. Provide chamfer strips.
a. To bevel salient edges and corners.
b. To bevel salient edges of equipment bases.
c. 3/4-inch bevel.
18. Do not remove or disturb until concrete has attained sufficient strength to safely support all dead and live loads.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 8 Concrete Cast in Place
19. Leave shoring beneath beams and slabs in place and reinforce as required by construction equipment and materials.
20. Remove forms carefully to prevent surface gouging, corner or edge breakage and other damage.
B. Reinforcing steel:
1. Accurately position reinforcing steel on supports, spacers, hangers, or other reinforcing steel.
2. Secure with wire ties or suitable clips.
3. Except at contact splices, minimum clear distance between bars, is to be the greater of:
a. Nominal diameter of bars.
b. 1.5 times maximum size of coarse aggregate.
c. 1-1/2 inch in columns.
d. 1-inch in beams.
e. 2 inches in other locations.
4. Where beam reinforcement is placed in 2 layers, place bars in upper layer directly above bars in lower layer.
5. Do not install reinforcement for beams and slabs that are supported by concrete columns until after the concrete for the column has been placed. a. Fabricate in accordance with ACI 315 and ACI 318 except as specified or indicated on Drawings.
b. Accurately formed.
c. Free from loose rust, scale, and contaminants that will reduce bond. d. Splices:
1) As indicated on the Drawings.
2) Do not weld or tack weld reinforcing steel except where specifically indicated on Drawings.
3) Remove and replace steel upon which any unauthorized welding has been performed.
4) When splicing bars in tie beams subject to tensile loading, splice no more than half the bars within a length of 40 bar diameter and hook each spliced bar end 180 degrees.
e. Do not bend or re-bend reinforcing steel at job site. Bending of steel in locations not shown on Drawings shall be cause for rejection of work.
C. Embedments:
1. Accurately position and securely anchor in forms all anchor bolts, casting, steel shapes, conduit, sleeves, masonry anchorages, and other materials to be embedded in concrete.
2. Anchor bolts:
a. Provide sufficient threads on anchor bolts to permit a nut on the concrete side of the form or template.
b. Install a second nut on the other side of the form or template. c. Adjust the nuts to hold the bolt rigidly in the proper position.
3. Clean embedments before installation.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 9 Concrete Cast in Place
4. Clean concrete spatter and other foreign substances from surfaces not in contact with concrete.
D. Concrete:
1. Notify District Representative not less than 24 hours in advance of the times and places at which Contractor intends to place concrete.
2. Predetermine limits of each pour.
3. Place all concrete within limits of pour in one (1) continuous operation.
4. Rigidly secure forms, reinforcing steel, water stops, and anchor bolts in proper position.
5. Remove all mud, water, and debris from space to be occupied by concrete.
6. Clean surfaces encrusted with dried concrete from previous concrete operations.
7. Bonding to hardened concrete:
a. Place new concrete on rough, clean, damp faces of existing concrete. b. Remove surface mortar to expose aggregate.
c. Clean hardened concrete of all foreign substances, including curing compound.
d. Wash with clean water, and keep saturated for 24 hours preceding placement of fresh concrete.
8. Epoxy bonding:
a. Apply epoxy bonding agent per manufacturer's recommendation on surfaces identified on the Drawings.
9. Conveying concrete:
a. Convey to the point of final deposit by methods that will prevent separation or loss of ingredients.
b. Place concrete in final position without being moved laterally more than 5 feet.
10. Placing concrete:
a. Place concrete in approximately horizontal layers of proper depth for proper compaction, not more than 2 feet.
b. Place subsequent layer while the preceding layer is still plastic. c. Fill form at a rate not less than 2 ft/hr.
d. Do not allow concrete to free fall more than 4 feet in walls and columns. e. Provide vertical construction joints as required to comply with these requirements and as shown on the Drawings.
f. Place and compact concrete in wall or column forms before placing any reinforcing steel in the system to be supported by the walls and columns. g. Limit portions of columns and walls poured monolithically with floor on roof slabs to 6-foot vertical height.
h. Allow concrete in walls and columns to settle at least two (2) hours before concrete is placed in structural systems to be supported by the walls and columns.
i. Top finish concrete when thoroughly settled.
j. Remove all laitance, debris, and surplus water from the tops of the forms by screeding, scraping, or other effective means.
k. Overfill the forms for walls whose tops will be exposed to the weather and screed off the excess after the concrete has settled.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 10 Concrete Cast in Place
11. Compaction:
a. Thoroughly compact concrete during and immediately after placement. b. Work concrete around all reinforcements and embedments and into the corners of the forms.
c. Use mechanical vibrators which will maintain 9,000 cycles/min when immersed in the concrete, 1-1/2 hp motor min.
E. Construction joints:
1. Locations:
a. As indicated on the Drawings, and if not shown, joint spacing shall not exceed ACI recommendations as interpreted by the Engineer.
b. In columns and walls:
1) At the underside of beams, girders, haunches, drop panels, column capitals, and at floor panels.
2) Haunches, drop panels, and column capitals are considered part of the supported floor or roof and shall be placed monolithically therewith. 3) Column bases need not be placed monolithically with the floor below. c. In beams and girders:
1) At the middle of the span unless a beam intersects a girder at this point. 2) If the middle of the span is at an intersection of a beam and girder, offset the joint in the girder a distance equal to twice the beam width. 3) Provide satisfactory means for transferring shear and other forces through the construction joint.
d. In suspended slabs:
1) At or near the center of span in flat slab or T-beam construction. 2) Do not locate a joint between a slab and a concrete beam or girder unless so indicated on the Drawings.
e. Install construction joints in beams, slabs, and girders perpendicular to the planes of their surfaces.
F. Expansion and contraction joints:
1. Contraction joints:
a. Provide as indicated on Drawings.
b. Seal accessible edges.
c. Waterstop embedment equal on each side of the joint. d. Splice water stops in strict conformity with the manufacturer's instructions.
2. Expansion material:
a. Provide as indicated on Drawings.
b. Firmly bond to previously poured joint. Face with a suitable adhesive. c. Pour new concrete directly against joint filler.
d. Seal accessible edges.
3.02 FINISHED UNFORMED SURFACES:
1. Do not finish buried or permanently submerged concrete not forming an integral part of a structure except as required to attain surface elevations, contours, and freedom from laitance.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 11 Concrete Cast in Place
2. Screed and initial float finish followed by additional floating, and troweling as required, all other surfaces.
3. Screeding:
a. Screed concrete surfaces to the proper elevation and contours with all aggregates completely imbedded in mortar.
b. Surface free of irregularities of height or depth more than 1/4 inch measured from a 10-foot straightedge.
4. Floating:
a. Float finish screeded surfaces as soon as the concrete has stiffened sufficiently for working.
b. Remove and replace with mortar any coarse aggregate which is disturbed by the float or which causes a surface irregularity.
c. Initial floating to produce a surface of uniform texture and appearance without unnecessary working of the surface.
d. Follow initial floating with a second floating at the time of initial set. e. Second floating to produce a finish of uniform texture. f. Except as otherwise specified, the second floating finish is the final finish. g. Use hand floats or mechanical compactor floats.
5. Broom finish:
a. Broom finish exterior slabs.
b. Broom after second floating and at right angles to normal traffic.
6. Troweling:
a. Steel trowel finish interior floor surface which will be exposed at the completion of construction, the exposed portion of the equipment bases, interior curbs, and where indicated on the Drawings.
b. Do not trowel floor surfaces which will be normally submerged. c. Trowel after the second floating when the surface has hardened adequately to prevent drawing an excess of fines to the surface.
d. Trowel to produce a dense, smooth, uniform surface free from blemishes and trowel marks.
7. Aggregate exposure:
a. Remove surface mortar from surfaces to be covered later with concrete or mortar topping.
b. Expose coarse aggregates to improve bonding.
8. Unless specified to be beveled, edge floated or troweled surfaces with a tool having a 1/4-inch radius.
3.03 CURING:
1. Protect concrete from moisture loss for at least seven (7) days after placement.
2. Cure concrete by methods that will keep concrete surfaces adequately wet during curing.
3. Water curing: may be used for all concrete.
a. Begin water saturation as quickly as possible after initial set. b. Regulate water application to provide complete surface coverage with a minimum of runoff.
c. Use absorptive blankets to hold moisture to concrete or flood the surface.
4. Membrane curing:
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 12 Concrete Cast in Place a. Membrane curing compound may be used in lieu of water curing on concrete which will not be covered later with mortar or concrete where water curing is not specifically called for.
b. Spray apply membrane curing compound at not more than 300 sq ft/gal. c. Cover unformed surfaces within 30 minutes of final finishing. d. If forms are removed before the end of the curing period, immediately apply curing compound to the formed surfaces before they dry out. e. Protect curing compound against abrasion during the curing period.
3.04 FINISHING FORMED SURFACES:
1. Remove fins and other surface projections from all formed surfaces except exterior surfaces that will be in contact with earth backfill and are not specified to be damp-proofed.
2. Use a power grinder, if necessary, to remove projections and provide a flush surface.
3. Remove fins and fill tie hole on surfaces to be damp-proofed but do not do any other finishing of those surfaces.
4. Tie holes:
a. Clean, wet and fill with patching mortar.
b. Finish flush to match the texture of adjacent concrete.
5. Grout - cleaned finish:
a. ACI 301, 5.3.3.4.b.
b. Grout clean surfaces to produce a smooth uniform surface free of marks, voids, surface glaze, and cement dust.
c. Grout clean all surfaces exposed to view, interior of tanks and surfaces indicated on Drawings.
d. Fill all voids regardless of location that are 1/4-inch deep or 1/2-inch diameter.
3.05 COLD WEATHER CONCRETING:
A. Comply with ACI 306 and 306.1, except as modified herein.
B. Minimum concrete temperature at the time of mixing:
Outdoor Temperature Concrete Temperature
at Placement (in shade) at Mixing
Below 0 F 70 F
Between 0 F & 30 F 65 F
Between 30 F & 45 F 60 F
Above 45 F 45 F
1. Do not place heated concrete which is warmer than 80 degrees F.
2. If freezing temperatures are expected during curing, maintain the concrete temperature at or about 50 degrees F for five (5) days or 70 degrees F for three (3) days.
3. Do not allow concrete to cool suddenly.
4. Do not place concrete on frozen subgrade.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 13 Concrete Cast in Place
3.06 HOT WEATHER CONCRETING:
A. Comply with ACI 305, except as modified herein.
B. If the air temperature is expected to be 90 degrees F or greater in the next 24 hours.
1. Keep concrete as cool as possible before, during, and after placement.
2. Do not allow concrete temperature to exceed 75 degrees F at placement.
3. Prevent plastic shrinkage cracking due to rapid evaporation of moisture.
4. Addition of ice, or other cooling methods, will be required to meet temperature requirements.
5. Do not place concrete when the actual or anticipated evaporation rate equals or exceeds 0.2 lbs/sq ft/hr as determined from ACI 305.
3.07 FIELD QUALITY CONTROL
A. District Representative furnished:
1. Perform field control test:
a. Tests by qualified personnel.
b. Make tests in presence of District Representative.
c. Provide all equipment, supplies, and the services of one (1) or more employees, as required.
d. The test frequencies specified are minimum, perform additional tests as required by the job conditions.
2. Aggregate gradation: Sample and test in accordance with ASTM D75 and C136. a. Fine aggregates: Each 100T.
b. Coarse aggregates: Each 200T.
3. Fly ash: Sample and test each 25T in accordance with ASTM C143.
4. Slump: perform a test for each truck load in accordance with ASTM C143.
5. Compression tests:
a. Make one (1) set of four (4) cylinders from each truck load. b. Test one (1) cylinder in each set at seven (7) days. c. Test two (2) cylinders in each set at twenty-eight (28) days. d. The other cylinder is to be a spare to be tested at the District Representative's discretion.
e. District Representative will evaluate in accordance with ACI 214 and ACI 318.
f. Make cure, store, and deliver cylinders in accordance with ASTM C31. g. Test in accordance with ASTM C39.
h. Mark or tag each set of test cylinders with the date and time of day the cylinders were made, the location in the work where the concrete represented by the cylinders was placed, the delivery truck or batch number, the air content, and the slump.
B. Contractor furnished:
1. Provide materials from each truck for test cylinders.
2. Cooperate with testing agency to provide test prior to placement of each load.
3. Provide all mix design testing.
City of Roseville
Pleasant Grove Pump Station 03 30 00 - 14 Concrete Cast in Place
4. Pay for all retesting of concrete which does not meet specifications during the initial test.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 03 60 00 - 1 Grout
SECTION 03 60 00
GROUT
PART 1 - GENERAL
1.01 SUMMARY
A. The work of this Section includes providing grout other than that required for masonry work.
B. The following types of grout are included in the work of this Section:
1. Non-Shrink Grout: This type of grout shall be used wherever grout is required, unless another type is specifically indicated.
2. Cement Grout
3. Epoxy Grout
4. Topping Grout and Concrete Fill
C. Except as otherwise indicated, the current versions of the following apply to the work of this Section:
Reference Title
CRD-C 621 Corps of Engineers Specification for Non-shrink Grout ASTM C109 Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2-in or 50-mm Cube Specimens)
ASTM C531 Test Method for Linear Shrinkage and Coefficient of Thermal Expansion of Chemical- Resistant Mortars, Grouts, and Monolithic Surfacings ASTM C579 Test Methods for Compressive Strength of Chemical-Resistant Mortars and Monolithic Surfacings
ASTM C827 Test Method for Early Volume Change of Cementitious Mixtures ASTM D696 Test Method for Coefficient of Linear Thermal Expansion of Plastics
1.02 SUBMITTALS
A. The Contractor shall provide submittals as required hereunder.
1. Manufacturer's literature containing instructions and recommendations on the mixing, handling, placement, and appropriate uses for each type of non-shrink and epoxy grouts proposed for use in the work.
2. Certified test results verifying the compressive strength, shrinkage, and expansion properties.
1.03 QUALITY CONTROL
A. Field Tests
1. When a product is used without documentation, compression test specimens will be taken during construction from the first placement of each type of grout, and at intervals thereafter as selected by the Engineer to ensure continued compliance with these specifications.
2. Compression tests and fabrication of specimens for cement grout and non-shrink grout will be performed as specified in ASTM C 109. A set of three specimens City of Roseville
Pleasant Grove Pump Station 03 60 00 - 2 Grout
will be made for testing at 7 days, 28 days, and each additional time period as appropriate.
3. Compression tests and fabrication of specimens for epoxy grout will be performed as specified in ASTM C 579, Method B, at intervals during construction as selected by the Owner’s representative. A set of three specimens will be made for testing at 7 days, and each earlier time-period as appropriate.
B. The cost of all laboratory tests on grout will be borne by the Owner, but the Contractor shall assist the Owner’s representative in obtaining specimens for testing.
However, the Contractor shall be charged for the cost of any additional tests and investigation on work performed which does not meet the specifications. The Contractor shall supply all materials necessary for fabricating the test specimens.
PART 2 - PRODUCTS
2.01 CEMENT GROUT
A. Cement grout mix design shall satisfy the same requirement as structural concrete, except that cement grout has no large aggregate requirement when the grout thickness is less than 3”.
2.02 PREPACKAGED GROUTS
A. Non-Shrink Grout
1. Non-shrink grout shall be a prepackaged, inorganic, non-gas-liberating, nonmetallic, cement-based grout requiring only the addition of water. Manufacturer's instructions shall be printed on each bag or other container in which the materials are packaged. The specific formulation for each class of non-shrink grout indicated herein shall be that recommended by the manufacturer for the particular application.
2. Class A non-shrink grouts shall have a minimum 28 day compressive strength of 5000 psi; shall have no shrinkage (0.0 percent) and a maximum 4.0 percent expansion in the plastic state when tested in accordance with ASTM C827; and shall have no shrinkage (0.0 percent) and a maximum of 0.2 percent expansion in the hardened state when tested in accordance with CRD C 621.
3. Class B non-shrink grouts shall have a minimum 28 day compressive strength of 5000 psi and shall meet the requirements of CRD C 621.
B. Application
1. Class A non-shrink grout shall be used for the repair of all holes and defects in concrete members which are water bearing or in contact with soil or other fill material, grouting under all equipment base plates, and at all locations where grout is specified in the contract documents; except, for those applications for Class B non-shrink grout and epoxy grout indicated herein. Class A non-shrink grout may be used in place of Class B non-shrink grout for all applications.
2. Class B non-shrink grout shall be used for the repair of all holes and defects in concrete members which are not water-bearing and not in contact with soil or other fill material, grouting under all base plates for structural steel members, and grouting railing posts in place.
City of Roseville
Pleasant Grove Pump Station 03 60 00 - 3 Grout
2.03 TOPPING GROUT AND CONCRETE FILL
A. Grout for topping of slabs and concrete fill for built-up surfaces of manhole, tank, channel, and basin bottoms shall be composed of cement grout. All materials and procedures specified for concrete in Section 03 30 00 – Cast-in-Place Concrete shall apply except as indicated otherwise herein.
B. Topping grout and concrete fill shall contain a minimum of 564 pound of cement per cubic yard with a maximum water cement ratio of 0.45. Where concrete fill is thicker than 3 inches, concrete as indicated in Section 03 30 00 – Cast-in-Place Concrete may be used.
C. Strength: Minimum compressive strength of topping grout and concrete fill at the end of 28 days shall be 4000 psi.
2.04 CURING MATERIALS
A. Curing materials shall be as indicated in Section 03 30 00 – Cast-in-Place Concrete for cement grout and as recommended by the manufacturer of prepackaged grouts.
2.05 CONSISTENCY
A. The consistency of grouts shall be that necessary to completely fill the space to be grouted for the particular application.
B. Unless otherwise noted on contract drawings, grout for base plates and equipment leveling shall have flowable, semi-flowable, and dry pack viscosities.
1. Flowable and semi-flowable consistencies require formwork.
2. Dry pack consistency is such that the grout is plastic and moldable, but will not flow.
2.06 MEASUREMENT OF INGREDIENTS
A. Measurements for cement grout shall be made accurately by volume using containers.
Shovel measurement is not an acceptable method of measurement.
PART 3 - EXECUTION
3.01 GENERAL
A. All surface preparation, curing, and protection of cement grout shall be as required.
The finish of the grout surface shall be troweled smooth unless noted otherwise.
B. Where pre-packaged product is used, the manufacturer’s representative shall provide on-site technical assistance upon request.
C. Base concrete or masonry must have attained its design strength before grout is placed. When bonding to an existing cementious material is expected, waterblasting or abrasive blasting to roughen the substrate is required.
3.02 GROUTING PROCEDURES
A. Base Plate Grouting
City of Roseville
Pleasant Grove Pump Station 03 60 00 - 4 Grout
1. For base plates, the original concrete shall be blocked out or finished off a sufficient distance below the plate to provide for a grout thickness not exceeding 2x the anchor bolt diameter.
2. After the base plate has been set in position at the proper elevation and double nutted on the anchor bolts, the space between the bottom of the plate and the original pour of concrete shall be filled with non-shrink-type grout. The grout shall be placed so there a no voids between the bottom of the base plate and the concrete.
B. Topping Grout
1. All mechanical, electrical, and finish work shall be completed prior to placement of topping or concrete fill. The base slab shall be given a roughened textured surface by abrasive blasting or waterblasting to ensure bonding to the base slab.
2. The minimum thickness of grout topping and concrete fill shall be one inch.
Where the finished surface of concrete fill is to form an intersecting angle of less than 45 degrees with the concrete surface it is to be placed against, a key shall be formed in the concrete surface at the intersection point. The key shall be a minimum of 3-1/2-inches wide by 1-1/2-inches deep.
3. The base slab shall be thoroughly cleaned and wetted prior to placing topping and fill. No topping concrete shall be placed until the slab is complete free from standing pools or ponds of water. The topping and fill shall be compacted by rolling or tamping, brought to established grade, and floated. Topping grout placed on sloping slabs shall proceed uniformly from the bottom of the slab to the top, for the full width of the placement.
4. The surface shall be tested with a straight edge to detect high and low spots which shall be immediately eliminated. When the topping and fill has hardened sufficiently, it shall be steel troweled to a smooth surface free from pinholes and other imperfections. An approved type of mechanical trowel may be used as an assist in this operation, but the last pass over the surface shall be by hand-troweling. During finishing, no water, dry cement or mixture of dry cement and sand shall be applied to the surface.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 05 50 10 - 1 Anchor Bolts
SECTION 05 50 10
ANCHOR BOLTS
PART 1 - GENERAL
1.01 SUMMARY
A. Section includes:
1. Equipment anchor bolts.
2. Structural anchor bolts.
3. Epoxy set anchor bolts.
4. Expansion anchors are prohibited
1.02 REFERENCES
A. A. Reference standards:
1. ASTM A307: Carbon Steel Externally Threaded.
2. ASTM A153: Zinc Coating (Hot-Dip) on Iron and Steel Hardware.
3. ASTM A164: Electrodeposited Coatings of Zinc on Steel.
4. ASTM A120: Pipe, Steel, Black and Hot-Dipped, Zinc-Coated (Galvanized) Welded and Seamless, for Ordinary Uses.
5. ASTM A36: Structural Steel.
6. ASTM A276: Stainless Steel.
7. ANSI B94.12: Epoxy Set Anchors.
1.03 SYSTEM DESCRIPTION
A. Contractor’s option:
1. If anchor bolts are shown, then cast-in anchor bolts shall be used.
2. If epoxy-set anchors are shown, the Contractor may use cast-in anchor bolts or epoxy-set anchors.
1.04 SUBMITTALS
A. The Contractor shall provide submittals as required hereunder.
B. Shop Drawings and Product Data:
1. Sufficient to verify compliance with specifications, to include manufacturer’s literature on sizes, material and installation procedures.
1.05 QUALITY ASSURANCE
A. Compliance with the requirements specified herein may necessitate modification to the manufacturer’s standard materials or equipment.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver anchor bolts and templates in time to permit setting when structural concrete is placed.
City of Roseville
Pleasant Grove Pump Station 05 50 10 - 2 Anchor Bolts
PART 2 - PRODUCTS
2.01 MATERIALS
A. General:
1. Generally, all fasteners in or near the process flow, in tanks, etc. shall be stainless steel.
B. Bolts:
1. Carbon steel: ASTM A307.
2. Stainless steel: ASTM 276, Grade 303, 304, 305 or 316.
3. Galvanized steel: Carbon steel, hot-dip galvanized, ASTM A153; or zinc plated, ASTM A164 type GS.
C. Nuts:
1. Same material as bolts.
2. Carbon steel: ASTM A307, Grade B heavy hexagonal.
3. Stainless Steel: ASTM 276, Grade B heavy hexagonal.
4. Self-locking: Prevailing torque, IFI-100, grade A.
5. Use anti-seize compound on stainless steel threads.
D. Washers:
1. Same material as bolts.
2. Flat: ANSI B27.2.
3. Locking: Spring type ANSI B27.1.
E. Epoxy set anchors:
1. In hardened concrete and fully grouted masonry:
a. Stainless steel studs, nuts and washers.
b. Approved manufacturers:
1) Hilti, Inc., HIT
2) Ramset/Red Head.
3) Or equal.
2.02 FABRICATION
A. Anchor bolts:
1. 3/4-inch minimum, except as indicated on the Drawings.
2. Type:
a. General use: L-shaped hook type.
b. Where indicated on Drawings or specified:
1) Straight bolt with square head.
2) Straight bolt with square plate welded to bolt and nut welded to plate and bolt.
3) Through-bolt with sleeve and square plate assembly.
4) Coupled bolt with sleeve welded to square plate and bolt.
City of Roseville
Pleasant Grove Pump Station 05 50 10 - 3 Anchor Bolts
B. Epoxy set anchors:
1. 3/4-inch minimum, except as indicated on the Drawings.
2. Where indicated on Drawings.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify that holes for anchor bolts in forms and templates match applicable equipment Shop Drawings.
3.02 INSTALLATION
A. Anchor bolts:
1. Where installed in cast-in-place concrete, install a nut on the concrete side of the form or supporting template.
2. Provide three (3) nuts for each anchor bolt for which a lock nut is indicated, two (2) for others.
3. Through bolts:
a. Sleeved with bearing plates.
b. Bearing plates welded to bolt and plate welded to sleeve.
B. Epoxy set anchors:
1. Install as per manufacturer’s recommendation.
2. Clean hole and inspect prior to installation.
3. Minimum hole depth: As noted on the drawings or per manufacturer’s recommendation. If not noted, 6 inches minimum.
4. Diameter of drilled holes: As per ANSI B94.12.
3.03 SCHEDULES
A. Anchorage materials to be as noted on plans.
B. If materials are not noted on plans, the materials shall be:
1. 316 stainless steel.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 05 50 10 - 4 Anchor Bolts
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City of Roseville
Pleasant Grove Pump Station 07 90 00 - 1 Sealants
SECTION 07 90 00
SEALANTS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included
1. Clean and prepare joint surfaces.
2. Sealant and backing materials.
1.02 REFERENCES
Reference Title
ASTM C834 Specification for Latex Sealing Compounds
ASTM C920 Standard Specifications for Elastomeric Sealers ASTM D1056 Flexible Cellular Materials Sponge or Expanded Rubber
1.03 SUBMITTALS
A. The Contractor shall provide submittals as required hereunder.
B. Product Data and Samples
1. Submit manufacturer's written surface preparation and installation instructions.
2. Submit samples of sealant colors.
1.04 WARRANTY
A. Provide one year warranty in accordance with manufacturer’s standard warranty.
Replace sealants which fail because of loss of cohesion or adhesion, or do not cure.
PART 2 - PRODUCTS
2.01 MANUFACTURERS
A. Manufacturers listed below are approved with regards to their specific products.
2.02 MATERIALS
A. Two-Part Urethane: ASTM C920, Type M, Self-Leveling, Class 25.
1. Bostik Construction Products: Chem-Calk 550.
2. Pecora Corporation: Urexpan NR-200.
3. Sonneborn Building Products: Isolastic SL-2, Paving joint sealant.
4. Sika Corporation: Sikaflex 2c SL.
B. Two-Part Urethane: ASTM C920, Type M, Non-Sag.
1. Bostik Construction Products: Chem-Calk 500.
2. Pecora Corporation: Dynatrol II.
3. Sonneborn Building Products: Sonolastic NP-2.
City of Roseville
Pleasant Grove Pump Station 07 90 00 - 2 Sealants
4. Sika Corporation: Sikaflex 2c NS
C. One-Part Urethane: ASTM C920, Type S, Non-Sag, Class 25.
1. Bostik Construction Products: Chem-Calk 900.
2. Pecora Corporation: Dynatrol I-XL.
3. Sonneborn Building Products: Sonolastic NP-1.
4. Sika Corporation: Sikaflex 1a
D. One-Part Silicone: ASTM C920, Type S, Non-Sag, Class 25.
1. Dow-Corning Corporation: 795.
2. General Electric Company: SCS 1000.
3. Pecora Corporation: 895
4. Sonneborn Building Products: Omniseal 50.
5. Sika Corporation: Sika Sil C-995.
E. Latex-Acrylic Sealant: ASTM C834, Non-Sag, Class 25.
1. Pecora Corporation: AC-20.
2. Schnee and Morehead, Inc.: S-M 8200.
3. Sonneborn Building Products: Sonolac.
4. W.R. Meadows, Inc.: Esaply.
F. Immersed Service Sealant:
1. Sika Corporation: Sikaflex 2C.
2. Polymeric Systems, Inc.: PSI 270.
3. Pacific Polymers International: Elasto-Thane 227 R
2.03 ACCESSORIES
A. Primer: Non-staining type, recommended by sealant manufacturer to suit application.
B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials.
C. Joint Filler: ASTM D1056; round, closed cell foam rod; oversized 30 to 50 percent; Grey Flex manufactured by Emseal.
D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify joint dimensions, physical and environmental conditions are acceptable to receive work of this Section.
B. Beginning of installation means acceptance.
City of Roseville
Pleasant Grove Pump Station 07 90 00 - 3 Sealants
3.02 PREPARATION
A. Clean, prepare, and size joints in accordance with manufacturer's instructions.
Remove any loose materials and other foreign matter which might impair adhesion of sealant.
B. Verify that joint shaping materials and release tapes are compatible with sealant.
C. Examine joint dimensions and size materials to achieve required width / depth ratios.
D. Use joint filler to achieve required joint depths, to allow sealants to perform properly.
E. Use bond breaker where required.
3.03 INSTALLATION
A. Perform work in accordance with ASTM C834 for latex compounds and C920 for elastomeric sealants.
B. Install sealant in accordance with manufacturer's written instructions. Apply primer where recommended by manufacturer.
C. Apply sealant within recommended temperature ranges. Consult manufacturer when sealant cannot be applied within recommended temperature ranges.
D. Tool joints as indicated.
E. Joints: Free of air pockets, foreign embedded matter, ridges, and sags.
3.04 SCHEDULE
A. This schedule reflects sealant materials specified in 2.02 of this Section. This schedule denotes sealant generic type and use or location.
Specification
Paragraph
Number
Sealant Use or Location Joint Tooling
2.02 A
Two-part Urethane:
Self Leveling. Horizontal concrete joints
Flat, 1/8” to 1/4”
below finished
concrete surface
2.02 B Two-part urethane
non-sag
CMU and Concrete vertical joints Concave
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 07 90 00 - 4 Sealants
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City of Roseville
Pleasant Grove Pump Station 11 01 00 - 1 General Requirements for Equipment SECTION 11 01 00
GENERAL REQUIREMENTS FOR EQUIPMENT
PART 1 - GENERAL
1.01 SUMMARY
A. Scope: This section provides the general requirements that must be met by all equipment supplied under Division 11 and or shown on the drawings.
B. Equipment Lists: Equipment lists, if any, presented in these specifications and shown on the drawings are included for the convenience of the Engineer and Contractor and are not intended to represent a rigorous and precise listing of all equipment, devices and material to be provided under this contract. The Contractor agrees to rely solely upon his own material and equipment takeoff lists for this purpose.
1.02 REFERENCES
A. This section references the following documents. They are a part of this Section as specified and modified. In case of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail.
Reference Title
AFMBA Methods of Evaluating Load Ratings of Ball and Roller Bearings ANSI B1.1 Unified Inch Square Threads
ANSI B2.1 Pipe Threads (Except Dupeal)
ANSI B16.1 Cast Iron Pipe Flanges and Flanged Fittings, Class 125 ANSI B16.5 Stainless Steel Pipe Flanges and Flanged Fittings ANSI B18.2.1 Square and Hex Head Bolts and Screws, Including Askew Head Bolts, Hex Cap Screws, and Lag Screws
ANSI B 18.2.2 Square and Hex Nuts
CBC California Building Code – latest edition
1.03 SUBMITTALS
A. General: The Contractor shall provide submittals as required hereunder.
B. Required Submittal Data: The following information shall be submitted for each piece of equipment. Additional submittal requirements, specific to individual equipment items, are listed in the individual equipment specifications.
1. The proposed equipment shall be identified by the equipment numbers listed in the specifications and on the drawings.
2. Manufacturer and manufacturer’s type designation
City of Roseville
Pleasant Grove Pump Station 11 01 00 - 2 General Requirements for Equipment
3. A photocopy of the equipment specifications shall be included. All paragraphs shall be initialed to show compliance. Any exceptions to these specifications along with justification for each exception shall be clearly presented.
4. Manufacturer’s catalog data confirming rated capacity, horsepower, efficiency and electrical requirements
5. Shop drawings
6. Predicted performance curves developed for the specific application. In the case of rotating equipment, performance curves shall show speed, capacity, pressure, efficiency and power for all specified conditions
7. Cross-sectional views of machines showing details of construction
8. Data and calculations required to justify selection of size of components such as shafts, bearings, and peripheral equipment necessary to conform to these specifications
9. Parts lists, with materials of construction
10. Installation, startup, and shakedown requirements noting all items to be inspected and confirmed at each stage of installation, startup, and shakedown.
11. Piping and equipment assemblies with dissimilar metals shall be installed with dielectric or equal corrosion protection.
1.04 QUALITY ASSURANCE
A. Arrangement: The arrangement of equipment shown is based upon information available to the Owner at the time of design and is not intended to show exact dimensions peculiar to a specific manufacturer unless otherwise indicated. The drawings are, in part, diagrammatic and some features of the illustrated equipment installation may require revision to meet actual equipment installation requirements.
Structural supports, foundations, connected piping and valves shown may have to be altered to accommodate the equipment provided. No additional payment will be made for such revisions and alterations.
B. Control Devices: Control devices, wiring, starters, panels, light, and other electrical items provided with mechanical equipment shall, in general, conform to the requirements of the Electrical Specifications, as well as any requirements of the particular equipment specification.
1.05 DELIVERY, STORAGE AND HANDLING
A. Protection during Shipment
1. Each item of equipment shall be shipped to the site of the work with either the manufacturer’s shop applied prime coating or a vinyl paint prime coating. The prime coating shall be applied over clean dry surfaces in accordance with the paint manufacturer’s recommendations. The prime coating will serve as a base for field-applied finish coats.
2. Bearing housings shall be wrapped or otherwise sealed to prevent contamination by grit and dirt, and ventilation and other types of openings shall be taped closed.
City of Roseville
Pleasant Grove Pump Station 11 01 00 - 3 General Requirements for Equipment PART 2 - PRODUCTS
2.01 FLANGES AND PIPE THREADS
A. Flanges on equipment and appurtenances:
1. Shall conform in dimensions and drilling to ANSI B16.1 for cast iron, Class 125 and ANSI B16.5 for stainless steel.
2. Unless otherwise specified, metric dimensioned flanges not allowed.
3. Unless otherwise specified, flanges shall be flat faced.
B. Pipe threads:
1. Shall conform in dimension and limits of size to ANSI B1.1, coarse thread series, Class 2 fit.
2. Threaded flanges shall have a standard taper pipe thread conforming to ANSI B2.1.
C. Flange assembly bolts:
1. Shall be heavy pattern, hexagonal head, carbon steel machine bolts with heavy pattern, hot pressed, hexagonal nuts conforming to ANSI B18.2.1 and B18.2.2.
2. Bolt Threads shall be Unified Screw Threads, Standard Coarse Thread Series, Class 2A and 2B, ANSI B1.1.
2.02 BEARINGS
A. Unless otherwise specified, equipment bearings shall be oil or grease lubricated, ball or roller type, designed to withstand the stresses of the service specified. Each bearing shall be rated in accordance with the latest revisions of AFMBA Methods of Evaluating Load Ratings of Ball and Roller Bearings for one of the following classes of B-10 rating life:
Class Hours of Operation
M1 8,000
M2 20,000
M3 50,000
M4 100,000
M5 200,000
B. Unless otherwise specified, equipment shall have bearings rated for Class M4 life or greater.
C. Grease lubricated bearings, except those specified to be factory sealed and lubricated, shall be fitted with easily accessible grease supply, flush, drain and relief fittings.
Extension tubes shall be used when necessary. Grease supply fittings shall be standard hydraulic Alemite type.
City of Roseville
Pleasant Grove Pump Station 11 01 00 - 4 General Requirements for Equipment D. Oil lubricated bearings shall be equipped with either a pressure lubricating system or a separate oil reservoir type system. Each oil lubrication system shall be of sufficient size to safely absorb the heat energy normally generated in the bearing under a maximum ambient temperature of 60 degrees C and shall be equipped with a filler pipe and an external level indicator gauge.
2.03 SEALS
A. Mechanical
1. Unless otherwise specified, mechanical seals may be internal or external type, balanced or unbalanced type, and single or double seals except as herein specified. An internal type seal may be used where clean sealing liquid is provided, either from the pumped liquid or an external source. When the pumped liquid is corrosive, abrasive, toxic or flammable, an internal double seal shall be provided with adequate sealing liquid pressure to prevent entry of pumped liquid into the seal chamber, or an external seal may be provided. The sealing liquid shall be within the temperature limits and at the flushing rate recommended by the equipment manufacturer.
2. The seal may be balanced or unbalanced, as recommended by the equipment manufacturer. To maintain the necessary minimum or maximum pressure across the seal faces, spring pressure shall be uniformly distributed to the sealing faces by a coil spring or multiple springs. The rotating seal element shall be clamped to the shaft and provided with O-ring seal. The stationary seal element shall be sealed with O-ring or gasket material.
3. Seal faces shall be tungsten carbide to tungsten carbide except on the double seal where the seal in contact with pump liquid shall be carbon. The O-ring gasket material shall be as recommended by the manufacturer for the liquid being pumped. Other parts shall be 316 stainless steel.
B. Stuffing Box: Unless otherwise specified, each stuffing box shall be cast separately, bolted to the bearing frame, tapped to permit installation of a clean liquid seal, and shall be large and sufficiently deep to hold a minimum of five rows of packing and a bronze lantern water seal ring. Packing shall be die-molded packing rings of material suitable for the intended service and as recommended by the manufacturer. Sealing liquid shall be the pumped liquid unless otherwise specified. Taps for external sealing and a lantern ring shall be provided. When used, lantern rings shall be of two-piece construction and shall be provided with tapped holes to facilitate removal. Packing gland halves and studs shall be 316 stainless steel.
2.04 GUARDS
A. Exposed moving parts shall be provided with guards which meet the requirements of CAL/OSHA. Guards shall be fabricated of solid 14-gauge steel. Guards shall be galvanized after fabrication and shall be designed to be readily removable to facilitate maintenance of moving parts. Reinforced holes shall be provided. Reinforced holes shall be provided.
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2.05 CAUTION SIGNS
A. Equipment with guarded moving parts which operates automatically or by remote control shall be identified by signs reading “CAUTION – AUTOMATIC EQUIPMENT MAY START AT ANY TIME.”
2.06 PRESSURE TAPS, TEST PLUGS, AND GAUGES
A. Whether shown or not shown on the drawings, ½” pressure taps w/plugs shall be provided on the suction and discharge sides of all pumps, blowers and compressors.
Pressure and vacuum test gauges shall be provided where shown or specified.
2.07 NAMEPLATES
A. Nameplates shall be provided on each item of equipment and shall contain the specified equipment name or abbreviation. Equipment nameplates shall be engraved or stamped on corrosion resistant material and fastened to the equipment in an accessible location with a No. 4 or larger oval head stainless steel screws or drive pins.
2.08 LUBRICANTS
A. The Contractor shall provide for each item of mechanical equipment a supply of the lubricant required for the initial filling and for the commissioning period.
B. Lubricants shall be of the type recommended by the equipment manufacturer and shall be products of the Owner’s current lubricant supplier.
C. The Contractor shall limit the various types of lubricants by consolidating them, with the equipment manufacturer’s approval, into the least number of different types. Not less than 90 days before the date shown in his construction schedule for starting, testing, and adjusting equipment.
D. Contractor shall provide the Owner with three copies of a list showing the required lubricants, after consolidation, for each item of mechanical equipment. The list shall show estimated quantity of lubricant needed for a full year’s operation, assuming the equipment will be operating continuously.
2.09 SPARE PARTS
A. Parts and materials shall be furnished in manufacturer’s unopened cartons, boxes, crates or other protective covering suitable for preventing corrosion or deterioration for the maximum length of storage that may be normally anticipated. They shall be clearly marked and identified.
B. During construction, parts shall be stored in buildings or trailers with floor, roof and closed sides and in accordance with manufacturer’s recommendations. They shall be protected from weather, condensation and humidity.
C. Spare parts and materials shall be delivered to the Owner upon completion of the Work or when the Owner assumes beneficial occupancy. Contractor shall then place them in permanent storage rooms or areas approved by the Owner’s Representative.
D. A letter of transmittal shall accompany the spare parts and shall include the following:
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Pleasant Grove Pump Station 11 01 00 - 6 General Requirements for Equipment
1. Date of letter and transfer of parts and material
2. Contract title and number
3. Contractor’s name and address
4. A complete inventory of the parts and material, listing the applicable Specification Section for each
5. A place for the Owner to sign and signify receipt of the parts and materials E. Contractor shall be fully responsible for loss or damage to parts and material until they are transmitted to the Owner.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Each item of equipment provided shall be installed and tested within the tolerances recommended by the equipment manufacturer.
3.02 TESTING
A. Items of equipment specified in this Section shall be tested as required in each section and in accordance with Division 1 requirements.
END OF SECTION
City of Roseville
Pleasant Grove Pump Station 11 05 00 - 1 Equipment Mounting SECTION 11 05 00
EQUIPMENT MOUNTING
PART 1 - GENERAL
1.01 SUMMARY
A. This section includes the requirements for supply and installation of mounts, supports, and anchorage hardware for all equipment and accessories required to make a complete system including but not limited to piping, fans, and ducts.
1.02 SYSTEM DESCRIPTION
A. Design Requirements
1. Requirements of Regulatory Agencies:
a. All tanks, and related piping, equipment and related supports and equipment anchorages shall be designed and supplied by the Contractor in accordance with National and State requirements including, but not limited to CBC, AWWA & ANSI Standards.
2. Project Specific Requirements:
a. See the structural drawings for project specific seismic and wind load parameters.
b. If there is a conflict between this section and the structural drawings, the structural drawings will govern.
3. Additional Design Requirements:
a. In addition to code requirements, anchors and supports shall be designed to allow for expansion and contraction throughout the full potential temperature differential (both operational and off-line conditions). b. Anchors shall be capable of supporting equipment and accessories in all service and testing conditions.
c. Anchorage shall allow for proper leveling.
d. Allowances shall be provided for horizontal and vertical adjustment after installation and operation.
1.03 SUBMITTALS
A. The Contractor shall provide submittals as required hereunder and in accordance with the requirements of Section 11 01 00 - General Requirements for Equipment:
1. Calculations for all of the work required above. All calculations must be performed and signed by a civil or structural engineer currently registered in the State of California.
2. Design codes and criteria used
3. Equipment weight, support points, and center of gravity
4. Anchor and hardware details
5. Concrete embeds (if any)
6. Isolation mounts (vibratory and reciprocating equipment) City of Roseville
Pleasant Grove Pump Station 11 05 00 - 2 Equipment Mounting B. Inasmuch as all anchorage of equipment will be made to cast-in-place concrete elements, it is imperative that types of anchorage be coordinated with the concrete placement.
C. If calculations and anchorage details are not submitted prior to placing of concrete, the Contractor will become responsible for any strengthening of concrete elements because of superimposed seismic loading.
1.04 QUALITY ASSURANCE
A. Allow for special inspection for the installation of chemical anchors in accordance with CBC requirements.
B. Expansion type anchors are not allowed.
C. Adhesive type anchors shall not be allowed as a substitute for cast-in-place anchors where shown.
PART 2 - PRODUCTS
2.01 GENERAL
A. All equipment located on floor slabs shall be mounted on concrete pads.
B. Concrete pedestals and pad dimensions shall be provided with submittal.
1. Unless otherwise shown on the drawings, the minimum edge distance for anchors is 1.5 times anchor embedment, but no less than 6”.
C. All conduits, piping connections, drains, etc., shall be enclosed by the concrete base.
D. Where a steel base is shown or specified between the equipment and the concrete pedestal, it shall be hot-dip galvanized after fabrication.
2.02 MATERIALS
A. Unless otherwise specified on the drawings, materials of construction for anchoring devices shall conform to the following:
1. See specification Section 05 50 10 – Anchor Bolts
2.03 CAST IRON BASES
A. Cast iron bases do not require galvanizing but must be sealed in accordance with the requirements specified in Section 09 90 00 –Coatings.
B. All fasteners requiring connections to the base shall be terminated by nuts welded to the bottom side of the base and plugged with cork, plastic plugs or grease, or acorn nuts.
C. In no case shall the fastener terminate only into the metal base.
2.04 ANCHORS
A. Epoxy and wedge anchors used in concrete shall be approved for cracked concrete per ACI 318 Appendix D.
B. See drawings for further requirements.
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2.05 ADJUSTABILITY
A. Provide leveling grout for equipment mounting unless otherwise detailed on Drawings.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Equipment
1. Except where a higher lateral force is required by code, each piece of equipment installed shall be anchored to resist minimum lateral seismic or wind forces for the site, whichever is greater.
2. No equipment shall be anchored to vertical structural elements without written approval of the Engineer.
3. Vibratory equipment shall be supported by isolator mounts to limit transmissibility to structure.
4. Non-vibrating equipment shall be anchored directly to the supporting floor system.
5. In addition to the anchorage, all equipment shall be internally designed so that all static and moving parts are anchored to the supporting framework to resist the imposed seismic force. All forces must be transmitted to the base in order to be anchored as required.
B. Piping
1. All piping, raceways, accessories, and appurtenances, furnished with equipment shall be anchored to resist lateral seismic forces.
2. Piping with flexible connections and/or expansion joints shall be anchored such that the intended uses of these joints are maintained in the piping system.
C. Anchor bolts
1. Prior to installing nuts on anchor bolts, coat with non-seize compound to prevent galling of threads.
2. Nuts shall be tightened to the equipment manufacturer’s specifications.
END OF SECTION
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City of Roseville
Pleasant Grove Pump Station 26 05 00 - 1 Electrical
SECTION 26 05 00
ELECTRICAL
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. The Contractor shall install, ready for use, the electrical system as specified herein and shown on the Contract drawings. This document describes the function and operation of the system and particular components, but does not necessarily describe all necessary devices. All components and devices shall be furnished and installed as necessary to provide a complete operable and reliable system for accomplishing the functions and meeting the performance set forth hereinafter.
B. Furnish all required labor, materials, project equipment, tools, construction equipment, safety equipment, transportation, test equipment, incidentals and services to provide a complete and operational electrical system as shown on the Contract E-series Drawings, included in these Specifications, or necessary for fully operating facility. See Appendix “B” for “Device Index” for this project.
C. Examine the specification and Drawings for mechanical equipment and provide all starters, circuit breakers, switches, pushbuttons and appurtenances which are not specified to be with the mechanical equipment. Erect all electrical equipment not definitely stated to be erected by others, furnish and install conduit, wire and cable and make connections required to place all equipment in complete operation.
D. It is recommended that the Electrical Contractor attend the job walk for the site and shall have accomplished the following:
1. Thoroughly examine existing conditions before submitting his bid proposal to perform any work. He shall compare site conditions with data given on the plans or in these Specifications. No allowance shall be made for any additional costs incurred by the Contractor due to his failure to have examined the site or to have failed to report any discrepancies to the Owner prior to bid.
2. It is the Contractor’s responsibility to be fully familiar with the existing utility locations, conditions and local requirements and regulations.
3. Verify all measurements and conditions and shall be responsible for the correctness of same. No extra compensation will be allowed because of differences between Work shown on the Drawings and measurements at the site.
E. The major areas in the scope of work shown on E & I-series Contract drawings, Device Index located in Appendix “B”, which includes both the furnishing and installation are:
1. Replacing two (2) existing soft starters with two new VFDs; installing four (4) new motor operators on existing valves and associated hardware.
2. Instrumentation and other miscellaneous devices. This includes all wiring and cables.
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Pleasant Grove Pump Station 26 05 00 - 2 Electrical
3. Programmable Logic Controller (PLC) hardware modifications for controlling the pumps, valves and other miscellaneous devices.
4. Installation of primary devices, equipment and instruments are not completely detailed on Contract Drawing plan sheets. Use Device Indexes and Contract Drawings installation details for installation and mounting requirements.
5. All necessary miscellaneous shut off, sample, manifold and calibration valves to sensors.
6. Conduits and the field interconnection wiring between VFDs, MOVs, and equipment provided under all other Divisions, etc.
7. Provide all necessary hardware, fittings, and devices to connect the designated equipment and wiring.
8. Trenching, backfilling, and compaction for all underground conduit routes, concrete pads, and pull boxes.
9. Grounding system and equipment grounding
10. Concrete pads and supports for electrical and instrumentation equipment
11. Remove and dispose of all excess dirt, paving, concrete, and other materials from site work.
12. SCADA graphic screen & Autodialer configuration and modifications to existing system shall be by City of Roseville.
13. PLC & OI program modifications will be by Others.
F. Existing site is limited in space. It is the Contractor’s responsibility to provide an electrical and instrumentation package to fit in the allocated space.
G. Contractor shall coordinate with Owner prior to cutover of any system.
H. The following specifications incorporate specific equipment and devices that are standards of the Owner because of their serviceability, because of the local availability of labor, parts and materials, or because of the ability of the Owner to umbrella the equipment under existing maintenance contracts.
I. All electrical work shall conform with the National Electric Code (NEC) 2020 issue. Nothing on the Drawings or in the Specifications shall be construed to permit work or materials not conforming to these codes and standards.
J. Any major deviations in location and conduit routing that the Contractor makes without the express written review or direction of the Engineer, shall be considered to have been made at the Contractor’s sole responsibility. Such deviations made by the Contractor shall be reflected on the Contractor supplied “Record Drawings.” The Owner will reimburse the Engineer and the Owner will then deduct an amount equal to said reimbursement from the Contractor’s contract for all engineering, drafting, and clerical expenses associated with updating the Record Drawings due to any major unauthorized changes.
K. All panels, panelboards, panelboard transformers, etc. shall be supplied by one system supplier. All panels and instrumentation listed for Division 26 in all Division 26 appendix Indexes shall be supplied by the same System Supplier.
This includes, but not limited to, all work necessary to select, furnish, supervise installation, calibrate, program, and place into operation all transmitters, instruments, controllers, alarm equipment, monitoring equipment, and accessories as specified herein. The system supplier shall not subcontract any portions of the equipment provisioning with the exception of fire and security alarm systems without written approval of Owner.
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Pleasant Grove Pump Station 26 05 00 - 3 Electrical
1.02 RELATED WORK IN OTHER SECTIONS
A. Provide an electrical system that interfaces to work performed under other Mechanical and Equipment Sections of these Specifications, including, but not limited to:
1. Section 26 05 73 – Electrical Systems Analysis
1.03 CONTRACTOR QUALIFICATIONS
A. It is the intent of this Division that the complete responsibility for management and installation of the electrical and instrumentation required for this project be by the Contractor. This responsibility includes, but is not limited to, supervision and coordination of work performed by the System Supplier. Uncertified electricians shall not perform electrical work for which certification is required.
B. Uncertified electricians shall not perform electrical work for which certification is required per Labor Code Section 3099. Electricians shall be required to carry proof of certification on their person at all times. Electricians found on the jobsite without proof of certification will be asked to leave, prohibited from working on-site until proof of certification has been provided and may be reported to the Contractors State License Board (CSLB).
C. Contractor shall submit the proposed Electrical Subcontractor and System Supplier with bid documents that will be used on this project.
D. If the Contractor, Electrical Subcontractor and System Supplier listed in bid documents are deemed not qualified by Owner, they will have their bid rejected at the Owner’s sole discretion and the next qualified bidder selected. No reason will be released on why the bid was rejected.
E. The Electrical Contractor shall meet the following minimum qualifications:
1. Has a current C-10 Contractor’s License.
2. Has regularly engaged in similar electrical construction for the municipal water and wastewater industry.
3. Has performed work of similar or greater complexity on at least five previous projects.
4. Has all persons performing work as electricians certified as either a General Electrician or registered Apprentice by the California Apprenticeship Council per California Labor Code Section 3099.
5. Has been actively engaged in the type of electrical and instrumentation work specified in this Division for a minimum of three years.
F. Bid package shall include a list of five (5) completed projects of similar size and nature for water or wastewater treatment plants the Electrical Contractor has completed:
1. Provide completion dates of projects.
2. References of Owner Representative in charge of project, including contact name and telephone number.
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Pleasant Grove Pump Station 26 05 00 - 4 Electrical
1.04 SYSTEM SUPPLIER QUALIFICATIONS
A. General:
1. All switchboard, panels, MCCs, and PLC hardware shall be supplied by one System Supplier. All panels and instrumentation listed for Division 26 in all Division 26 Appendix Indexes shall be supplied by the same System Supplier. This includes, but not limited to, all work necessary to select, furnish, supervise installation, calibrate, program, and place into operation all transmitters, instruments, controllers, alarm equipment, monitoring equipment, and accessories as specified herein. The System Supplier shall not subcontract any portions of the equipment provisioning with the exception of fire and security alarm systems without written approval of Owner.
2. The System Supplier shall have an on-staff project engineer with prior experience on similar sized projects. This project engineer shall coordinate the technical aspects of this project and prepare the submittals and drawings. This project engineer’s name, address, and phone number shall be provided within the first week after notice to proceed. The System Supplier project engineer shall attend all coordination meetings and be onsite when requested by the Owner’s Resident Engineer.
B. System Suppliers
1. The System Supplier shall meet the following minimum qualifications:
a. Has regularly engaged in similar instrumentation systems for the Municipal Water and Wastewater industry.
b. Has successfully performed work of similar or greater complexity on at least five previous projects under one company name which is the present company name.
c. Has been actively engaged in the type of PLC control system, and instrumentation work specified in this Division for a minimum of five years.
d. Has staff on this project that has successfully completed the ISA Certified Control Systems Technician (CCST) program. System Supplier shall provide proof of certification on demand. e. Has a permanent, fully staffed, and equipped service facility in operation at least six (6) months prior to bid date within 150 miles of project site. Service facility shall be under same company name as System Supplier and same company.
f. System Supplier facility shall be staffed with personnel and equipment required to maintain, repair and calibrate the instrumentation system.
Subletting warranty to third party is not acceptable.
2. Pre-Qualified System Suppliers:
a. It is the intent of the Owner to secure the highest quality of work for this project. The System Suppliers listed below have been determined to meet minimum qualifications specified in this Division and are prequalified by the Owner for providing bids as System Suppliers on the project.
1) Tesco Controls, Inc. (phone 916 395-8800)
2) Primex Controls, (phone 707 449-0341)
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3) Technical Systems, Inc. (TSI) (phone 707 678-4444)
4) Approved System Supplier prior to Bid Opening and as noted by Addendum
3. System Suppliers not pre-qualified by the Owner shall submit the information listed herein at least 14 calendar days prior to bid date, and if approved by the Owner, will be listed in a Contract addendum prior to bid. a. Company history.
b. List of five (5) completed projects of similar size and nature for water treatment plants.
1) Provide completion dates of projects.
2) References of Owner Representative in charge of project, including contact name and telephone number.
c. List of projects in progress.
1) Description of scope of projects.
2) Dollar amount of projects.
d. Complete 2021 Year End Financial statement prepared by a Certified Accountant or complete 2021 Company Tax Returns listing assets and liabilities.
4. Additional information for clarification as requested by the Owner in writing shall be provided by the System Supplier asking for the qualification or qualification will automatically be denied.
5. System Supplier providing financial statements lacking detail or stating that detailed financial records are proprietary will be disqualified as a qualified System Supplier and is grounds alone for disqualification.
6. Any qualification package deemed incomplete or lacking sufficient information to determine qualification will result in System Supplier not being qualified.
7. No reason will be released on why a System Supplier was not qualified.
1.05 CONTRACT DOCUMENTS
A. The Contract drawings and specifications are intended to be descriptive of the type of electrical system to be provided; any error or omissions of detail in either shall not relieve the Contractor from the obligations there-under to install in correct detail any and all materials necessary for a complete operational system, at no additional cost.
B. The Contract drawings are generally diagrammatic; exact locations of electrical products shall be verified in the field with the Engineer. Except where special details on drawings are used to illustrate the method of installation of a particular piece or type of equipment or materials, the more restrictive of the two shall take precedence in the event of conflict.
C. The Contract Electrical elementary, elevation and one-line diagrams are the basis of the electrical system to be provided and are for reference only. It is the Contractor’s responsibility to adjust and make minor revisions to the diagrams as necessary for operational system at no additional cost to the Owner. Additional isolators, relays, wiring, terminal blocks, and appurtenances, shall be provided for an operation system at no additional cost to the Owner.
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Pleasant Grove Pump Station 26 05 00 - 6 Electrical
D. Location at facilities of equipment, inserts, anchors, panels, pull boxes, conduits, stub-ups, and fittings for the electrical system are to be determined by the Contractor and Engineer at time of installation. Contractor shall make minor adjustments to locations of electrical equipment required by conditions and coordination with other trades at no additional cost.
E. The Conduit and Wire Routing Schedule, wire fill, and number of conduits are based on the best information available. It is the Contractor’s responsibility to modify the conduit schedule based upon Shop Drawings for the actual equipment. Such modifications in conduit sizes and numbers of conductors shall be at no additional cost to the Owner, if such changes are the direct result of the equipment selected by the Contractor. A copy of the Conduit Schedule and Electrical plans showing conduit routing shall be updated weekly by the Contractor. Progress payments will be withheld if during monthly checks it is found that the Contractor fails to maintain the Conduit Schedule updates.
F. Electrical & instrumentation, conduit & wire lengths shown on Contract Drawings are approximate. The Contractor is responsible for determining actual lengths for bidding and installation purposes.
G. The Contractor shall examine the architectural, mechanical, structural and electrical and instrumentation equipment provided under other Sections of this Contract in order to determine the exact routing and final terminations for all conduits and cables. The exact locations and routing of cables and conduits shall be governed by structural conditions, physical interferences, and the physical location of wire terminations on equipment. Conduits shall be stubbed up as near as possible to equipment.
H. All equipment shall be installed and located so that it can be readily accessed for operation and maintenance. The Engineer reserves the right to require minor changes in location of equipment, without incurring any additional costs.
I. Provide means to furnish equipment and accessories, do the installation, complete connections, submit documentation, perform start-up, and be responsible for the warranty.
J. Where conduits are shown as "home runs" on the Contract drawings or stated to be furnished, but not explicitly shown, as part of the scope of work; the Contractor shall provide all fittings, boxes, wiring, etc. as required for completion of the raceway system in compliance with the NEC and the applicable specifications in this Section.
K. No changes from the Contract drawings or specifications shall be made without written approval of the Engineer. Should there be a need to deviate from the Contract documents, submit written details and reasons for all changes to the Engineer for favorable review.
L. The resolution of conflicting interpretation of the Contract documents shall be as determined by the Engineer. Conflicts between the Contract drawings and the specifications shall be brought to the attention of the Engineer.
M. The Contractor shall coordinate with other Suppliers on the project for a complete and operable system.
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Pleasant Grove Pump Station 26 05 00 - 7 Electrical
N. It is the System Supplier's responsibility for obtaining and instrumentation transmitter configuration software, manuals and electronic files necessary for the Contractor to program and configure the instrumentation transmitters.
O. The Electrical Contractor shall maintain a separate set of neatly and accurately marked set of Record Documents, consisting of spreadsheets, specifications and full size blue-line Electrical (E-Series) and Instrumentation (I-Series) Contract Drawings. These documents are to be used specifically for recording the as built locations and layout of all electrical and instrumentation equipment, routing of raceways, junction and pull boxes, and other diagram or document changes. These Record documents shall be kept up-to-date during the progress of the job, with all "change orders", submittal modifications, and construction changes shown and stamped with “As-Built” at end of job. These Record documents shall not be used for daily construction use and shall not contain any mark-ups that are unrelated to as-built corrections.
1. The following lists the record documents shall be as-built by Electrical Contractor:
a. E-Series Drawings.
b. Panelboard schedules.
c. Conduit and Wire Routing Schedule.
1) A copy of the Conduit and Wire Routing Schedule and Electrical plans showing conduit routing shall be updated weekly by the Contractor. Progress payments will be withheld if during monthly checks it is found that the Contractor fails to maintain the Conduit Schedule updates.
d. Lighting Schedule.
e. Duct banks and their routing with offset measurement and indicate changes in depth. Drawing shall be prepared using AutoCAD. Hand drawn or penciled in by hand is not acceptable.
2. The following lists the record documents that shall be as-built by System Supplier to be maintained by Electrical Contractor:
a. I-Series Drawings
b. Instrumentation Index.
3. Record documents shall be kept current weekly with all "change orders", submittal modifications, and construction changes shown. Record Documents shall be subject to the inspection by the Engineer at all times, progress payments or portions thereof may be withheld if Record Documents are not accurate or current.
4. When documents are changed, they shall be marked with erasable colored pencils using the following coloring scheme:
a. Additions - red
b. Deletions - green
c. Comments - blue
d. Dimensions - black
5. Show the following on the Electrical (E-Series) Record Contract Drawings by dimension from readily obtained base lines:
a. Exact location, type and function of electrical and instrumentation equipment and devices.
b. Precise routing and locations of underground conduits, pullboxes, junction boxes, and appurtenances that make-up the raceway system.
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Pleasant Grove Pump Station 26 05 00 - 8 Electrical
c. Show the dimensions, location and routing of electrical work, which will become permanently concealed.
d. Show complete routing and sizing of any significant revisions to the systems shown.
6. Prior to acceptance of the work, the Contractor shall deliver to the Engineer one set of record full size drawings neatly marked accurately showing the information required above.
1.06 COORDINATION
A. The Contractor shall coordinate the electrical work with the other trades, code authorities, utilities, and the Engineer; with due regard to their work, towards promotion of a rapid completion of the project. If any cooperative work must be altered due to lack of proper supervision of such, or failure to make proper provisions, then the Contractor shall bear expense of such changes as necessary to be made in work of others.
B. Manufacturer's directions and instructions shall be followed in all cases where such is not shown on the Contract Drawings or herein specified.
C. The Contractor shall schedule a minimum of two (2) mandatory coordination meetings during the initial and submittal phase of the project. The meetings shall be held at the jobsite and include, as a minimum, attendance by the Owner’s Resident Engineer, Prime Contractor, Contractor, System Supplier Engineer, and Design Engineer.
1. The first meeting shall be held in advance of the first comprehensive submittal and no later than 21 days after Contract award. The purpose of the meeting shall be for the Contractor and System Supplier to summarize their understanding of the project, discuss any proposed substitutions or alternatives, review the project schedule, explain format of Drawings, and discuss any other topics deemed necessary for project coordination.
2. The second meeting shall be held after the review of the first comprehensive System Supplier submittal has been completed by the Owner. The purpose of the meeting is to discuss comments made on the submittal package, to update the project schedule, and coordinate the testing, training, and installation phases of the project.
D. The Contractor shall cease work at any particular point, temporarily, and transfer his operations to such portions of work as directed, when in the judgment of the Owner it is necessary to do so.
E. Prior to commencing construction, the Electrical Contractor shall arrange a conference with the Prime Contractor, System Supplier, Owners, Resident Engineer & Owner as well as all equipment and system suppliers vital to the current phase of work. During the meeting, the equipment and system suppliers shall verify types, sizes, locations, installation requirements, controls and diagrams of all equipment furnished. The equipment and system suppliers shall, in writing, inform the Engineer that all phases of coordination of this equipment have been covered and if there are any unusual conditions, they shall be enumerated at this time.
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1.07 SUPERVISION
A. The Contractor shall schedule all activities, manage all technical aspects of the project, coordinate submittals and drawings, and attend all project meetings associated with this Section.
B. The Contractor shall supervise all work in this Section, including the electrical system general construction work, from the beginning to completion and final acceptance.
C. The Contractor shall supervise and coordinate all work in this Section to insure each phase of the project, submittal, delivery, installation, and acceptance testing, etc. is completed within the allowable scheduled time frames.
D. The Contractor shall be responsible for obtaining, preparing, completing, and furnishing all paper work for this Section; which shall include transmittals, submittals, forms, documents, manuals, instructions, and procedures.
1.08 INSPECTIONS
A. All work or materials covered by the Contract documents shall be subject to inspection at any and all times by the Owner and Engineer. If any material does not conform to the Contract documents, or does not have a favorably reviewed submittal status; then the Contractor shall, within three days after being notified by the Owner, remove said material from the premises; and if said material has been installed, the entire expense of removing and replacing same, including any cutting and patching that may be necessary, shall be borne by the Contractor.
B. The Contractor shall give the Owner 10 working days’ notice of the dates and time for inspection. Date of inspection shall be as agreed upon by both the Contractor and Owner.
C. Work shall not be closed in or covered over before inspection and approval by the Engineer. All costs associated with uncovering and making repairs where non-inspected work has been performed shall be borne by the Contractor.
D. The Contractor shall cooperate with the Engineer and provide assistance at all times for the inspection of the electrical system under this Contract. The Contractor shall remove covers, provide access, operate equipment, and perform other reasonable work which, in the opinion of the Engineer, will be necessary to determine the quality and adequacy of the work.
E. Before request for final inspection is made, the Contractor shall submit to the Owner in writing, a statement that the Contractor has made his own thorough inspection of the entire project enumerating punch list items not complete and that the installation and testing is complete and in conformance with the requirements of this Division.
F. The Owner may arrange for a facility inspection by Cal-OSHA Consultation Service at any time. The Contractor shall make the necessary corrections to bring all work in conformance with Cal-OSHA requirements, all at no additional cost to the Owner.
G. Contractor will be Responsible for any Additional Cost for Overtime, Weekend Overtime or Differential Time, Expenses for Inspection of Defective Work that has to be reinspected.
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1.09 JOB CONDITIONS
A. The Contractor shall make all arrangements and pay the costs thereof for temporary services required during construction of the project, such as temporary electrical power and telephone service. Upon completion of the project, remove all temporary services, equipment, material and wiring from the site as the property of the Contractor.
B. The Contractor shall provide adequate protection for all equipment and materials during shipment, storage and construction. Equipment and materials shall be completely covered with two layers of plastic and set on cribbing six inches above grade so that they are protected from weather, wind, dust, water, or construction operations. Equipment shall not be stored outdoors without the approval of the Engineer. Where equipment is stored or installed in moist areas, such as unheated buildings, etc., provide an acceptable means to prevent moisture damage, such as a uniformly distributed heat source to prevent condensation.
C. The elevation of the project sites are shown on Contract Civil Drawings. All equipment shall be de-rated, as recommended by the Manufacturer or in accordance with ANSI C37.30.
D. The normal outdoor, not in direct sunlight, ambient temperature range of the job site will vary between 0 to 120 degrees Fahrenheit. All equipment shall be rated to operate in these temperature ranges or provisions for adequate heating and cooling shall be installed, at no additional cost to Owner.
E. Contractor & Subcontractors shall utilize temporary services during construction of the project. No Contractors shall utilize Owner power, receptacles, etc. during construction.
1.10 SUBMITTAL AND DRAWING REQUIREMENTS
A. Six (6) copies of electrical submittals shall be submitted for favorable review by the Engineer per this subsection. They shall be complete giving all details of connections, wiring, instruments, enclosures, materials and dimensions.
Standard sales literature will not be acceptable.
B. A copy of the appropriate Division Specification Sections, with addendum updates included, and with each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations from specification requirements. Check marks (√) shall denote full compliance with a paragraph as a whole. If deviations from the specifications are indicated and, therefore, requested by the Contractor, each deviation shall be underlined and denoted by a unique number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Contractor with the Specifications. The submittal shall be accompanied by a detailed, written justification for each numbered item explaining variance or non-compliance with specifications. Failure to include a copy of the marked-up specification sections, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no review.
City of Roseville
Pleasant Grove Pump Station 26 05 00 - 11 Electrical
C. The electrical submittals shall include, but not be limited to, data sheets and drawings for each product together with the technical bulletin or brochure. The electrical submittals shall include:
1. Product (item) name used herein and on the Contract Drawings.
2. The manufacturer's model or other designation.
3. Tag name/number per the drawing, schedules, and indexes.
4. Index Binder Tab Dividers.
5. Detail electrical one line, elementary and loop diagrams and interconnection diagrams showing all wiring requirements for each system.
6. Complete documentation with full description of operation. General sales literature will not be acceptable. The part or model number with options to be provided shall be clearly identified. Where more than one item or catalog number appears on a catalog cut, the specific item(s) or catalog numbers(s) proposed shall be clearly identified.
7. Location of assembly at which it is installed.
8. Input-output characteristics.
9. Range, size, and graduations as required.
10. Physical size with dimensions and mounting details.
11. Enclosure fabrication and color.
12. Enclosure layout and elevation drawings to scale.
13. Quantity and quality requirements for electric power, air, and/or water supply.
14. Materials of construction of components.
15. Nameplate schedule.
16. Interconnect Diagram.
17. Failure to provide submittals with heavy duty permanent plastic labeled index tabs may be grounds for immediate rejection without review.
18. Electronic PDF version of submittals shall follow hard copy format of submittal and shall be “bookmarked” at each index, subtab, copy of appropriate check-marked Specification Section, bill of materials, copy of submittal comments (for resubmittals), Contractor’s response to submittal comments (for resubmittals), drawings, etc. Failure to bookmark PDF may be grounds for immediate rejection without review.
19. Electronic submissions of submittals may be provided for submittals less than 40 pages and without drawings. Submittals equal to or over 40 pages or those that contain drawings shall be provided in a hardcopy format.
Hardcopy submittals shall be provided in format as specified herein. The Owner reserves the right to reject submittals that fail to be organized as described herein.
20. Bill of Materials: A complete Bill of Materials list shall be provided at the inside of the front cover.
a. The Contractor shall provide Bill of Material for electrical components formatted as shown in Appendix "A" of this section.
b. The System Supplier shall submit a separate set of Bill Materials for the MCC, spare parts and another listing all field equipment. c. Generic names or part numbers used by a distributor or Systems House are not acceptable; originating manufacturer’s name and part number shall be listed.
City of Roseville
Pleasant Grove Pump Station 26 05 00 - 12 Electrical
21. A separate instrument data sheet shall be provided for each instrument per ISA S20 standards or approved equal. Data sheets shall be printed on blue or pink paper. Provide an index with proper identification and crossreferencing of each data sheet.
22. Submit electronic copies of all submitted drawing in AutoCAD format.
23. For each resubmittal, provide a copy of submittal comments and a separate letter, on Company letterhead, identifying how each submittal comment has been addressed in the resubmittal.
D. All Drawings shall be drawn using AutoCAD, drawn in a professional manner and submitted on 11" x 17" sheets. Shop Drawings shall be provided with minimum drafting details, as illustrated on the Contract "electrical" series drawings. Diagrams shall carry a uniform and coordinated set of wire colors, wire numbers, and terminal block numbers. The shop Drawings shall include:
1. Electrical one-line diagrams detailing all devices associated with the power distribution system. The following applicable information or data shall be shown on the one-line diagram: location, size and amperage rating of bus; size and amperage rating of wire or cable; breaker ratings, number of poles, and frame sizes; generator receptacle; manual transfer switch, utility metering, voltage, amperage, number of wires and phases; fault interrupt ratings; ground size and connections; neutral size and connections; power fail and other protective devices; fuse size and type; distribution transformer; panelboard; starters; contactor size and overload range; motor full load amperage of submitted motor and horsepower; rating for miscellaneous loads; etc. Submit a list for each piece of equipment containing the motor voltage, phase and full load amps with one-lines for verification of accuracy of submitted one line drawings.