Roseville City Council
August 16, 2023

Project: Pleasant Grove WWTP
Date: Wed 6/28/23
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
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TAB F: Cost Proposal
Mechanical and Electrical Design ............................................................................................................... $550,000 Procurement of Pumps, Pipe, VFD & Flow Meter ................................................................................... $2,140,000 Phase 1 – Wet well 1 .................................................................................................................................. $177,000 Phase 2 – Wet Well 2 ................................................................................................................................. $177,000 Phase 3 ....................................................................................................................................................... $142,000 Electrical Demo and Installation ................................................................................................................. $770,000 Start up and Commissioning ......................................................................................................................... $59,000 Total base bid ................................ ................................ ................................ ................................ .... $4,015,000 Cost Adjustments Per Meeting on June 6th 2023

Schneider VFD -$(22,000)
Remove 1 Flygt NP3356 and 1 NP3301 pump -$(237,000) Replace Conductors for pumps 103 and 104 $87,600 Replace Terminal blocks for pumps 101, 106, 107 & 108. Replace SS Terminal boxes, grounding lugs and terminal blocks for pumps 103 & 104 .................................................................. $29,600 Engineering Efficiencies -$(61,000)

Total of Adjustments per June 6th meeting ................................ ................................ ........................ -$(202,800) Total Revised base bid ................................ ................................ ................................ ....................... $3,812,200

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 45 -

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 46 -

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 47 -
TAB G: Required Statements/Documents
Required Statements
Syblon Reid as the Contractor shall comply with the following requirements of the contract and specifically acknowledge the required statements below:

5.0 The Contractor shall assure that the designated project team, including sub-consultants or sub-contractors (if any), is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team, sub-consultant(s) or sub-contractor(s) shall not be made without the prior written approval of the City.

10.4 Conflict of Interest. The Contractor shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Contractors submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to the Contractor or the Contractor’s management or employees relative to the services to be provided to the City. Conflict of interest issues may require consultation with legal counsel. If a Contractor has no conflicts of interest, a statement to that effect must be included in the proposal. Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.

10.7 Indemnification & Insurance Requirements. The City’s standard indemnification and insurance requirements are provided in the sample contract, included in Attachment D. All costs of complying with the insurance requirements shall be as included in your pricing. The selected Contractor shall provide complete and valid insurance certificates within ten (10) days of the City’s written request. Failure to provide the documents within the time stated may result in rejection of the Contractor’s proposal. If a proposer takes exception to the indemnification and insurance requirements, then the nature and scope of the proposed exceptions may negatively affect the evaluation of that proposer’s submittal and the City’s determination of whether it is possible to successfully negotiate a contract with that firm. Submitting exceptions are at the proposer’s own risk.

10.23 Proprietary Information. Proposers submitting a proposal in response to this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary. However, if a proposer desires to claim a privilege against public disclosure for a trade secret or other proprietary information, such information must be submitted with the proposal in a separate envelope marked “confidential.” The City Attorney’s Office will determine if the information is in fact proprietary, based on state and federal law. Note that under California law, a price proposal to a public agency is not a trade secret. The Contractor shall defend, indemnify and hold harmless the City regarding any claim by any third party for the public disclosure of the “confidential” portion of the proposal.

Required attachments A-E are included at the end of this document.

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 48 -
TAB H: Exceptions
Syblon Reid has reviewed the proposed Design Build Construction agreement (Attachment D) attached. We would like to discuss the following sections to clarify the contract:

Section 4.2.2 – Revise this section to provide that float is owned jointly by the Contractor and City and will be allocated to whomever uses it first.

Section 6.5.1.1 – The mark-ups seem low. Would the City of Roseville allow providing a graduated markup structure depending on magnitude of the change? In addition, the phrase “subject to the discretion of the Project Manager” should be deleted from this section.

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 49 -
TAB I: Competency of Proposers
Syblon Reid has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory and timely manner. Please find our banking and credit references We have no pending bankruptcies, liens, stop payment notices, judgements, lawsuits, arbitration, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years except for the following:

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 50 -
Attachments
Attachment A – Proof of Registration with California Secretary of State

Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

Entity Name: SYBLON-REID CO.

Entity No.: 1250449
Registration Date: 06/29/1984
Entity Type: Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of May 03, 2023.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 105414730
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

Entity Name: SYBLON REID CONSTRUCTION, INC.

Entity No.: 2083208
Registration Date: 03/23/1998
Entity Type: Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of May 03, 2023.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 105413526
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 51 -
Attachment B – Proposer’s Certification

ATTACHMENT B
PROPOSER’S CERTIFICATION
I hereby propose to furnish the goods or services specified in the Request for Proposals (“RFP”). I agree that my proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Roseville (“City”) adequate time to evaluate the qualifications submitted.

I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this RFP. The information contained in this proposal is true and correct to the best of my knowledge and is signed under penalty of perjury under the laws of the State of California. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its authorized agent and that the firm is ready, willing and able to perform if awarded the contract.

I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or conspiracy with any other person, firm or corporation submitting a proposal for the same product or service; that this proposal is fair and made without outside control, collusion, fraud or illegal action; that no officer, employee or agent of the City or any other proposer is financially interested in said proposal; that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award or terms of the contract that will be executed as a result of this RFP; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
_________________________________________________

NAME OF BUSINESS
_________________________________________________

SIGNATURE
_________________________________________________

NAME & TITLE, TYPED OR PRINTED
_________________________________________________

MAILING ADDRESS
_________________________________________________

TELEPHONE NUMBER
_________________________________________________
EMAIL
Type of Organization:
____ Sole Proprietorship ____ Corporation _____ State of Incorporation ____ Partnership ____ Limited Liability Company Syblon Reid
Gregory B. Cederstrom President, Syblon Reid Construction Inc.,Partner P.O. Box 100, Folsom, CA 95763
916.351.0457
[email protected]

City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 52 -
Attachment C – Non-Collusion Declaration

ATTACHMENT C

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)

ATTACHMENT D
President, Syblon Reid
Construction Inc., Partner Syblon Reid
May 4, 2023 Folsom
California
Gregory B. Cederstrom
President, Syblon Reid Construction Inc., Partner
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 53 -
Attachment D – Design-Build Construction Sample Contract

[L:\agreement\form agreements\Design Build Agreement.docx; 2/3/2022]

DESIGN-BUILD CONSTRUCTION AGREEMENT
(PROJECT: __________________________________________)

This Design-Build Construction Agreement ("Agreement") is made and entered into this ____ day of ______________, 20___, by and between the City of Roseville, a municipal corporation ("CITY") and ____________________, ________________ ("CONTRACTOR").

RECITALS

WHEREAS, CITY has issued a Request for Proposals pursuant to which CITY solicited proposals from design-build contractors to construct the ________________________ _____________________________ project ("Project"); and

WHEREAS, CONTRACTOR has submitted a Proposal, dated ________________ attached hereto and made a part hereof as Exhibit F, and CITY has selected CONTRACTOR to provide design and construction services as set forth in this Agreement; and

WHEREAS, CONTRACTOR is ready, willing and able to perform the aforementioned services required in accordance with the terms and conditions of this Agreement; and

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

ARTICLE 1

DEFINITIONS

1.1 "Applicable Laws" means all laws, codes, ordinances, rules and regulations of governmental authorities having jurisdiction over the Site and/or the Work.

1.2 "Application for Payment" means the document prepared by CONTRACTOR and submitted to CITY showing CONTRACTOR’s entitlement to progress payments, the requirements of which are more fully described in Section 5.3 hereof.

1.3 “Architect/Engineer” means a licensed professional(s) (and/or entity(ies)) retained by CONTRACTOR, with the approval of CITY, who provides architectural, design and/or engineering services as may be required by the Work. The Architect/Engineer shall be registered in the State of California and the architect and/or engineer of record for the Work pursuant to their design responsibilities. The Architect/Engineer shall be the Architect/Engineer(s) stated in the Proposal, unless substituted by CONTRACTOR based upon CITY’s written pre-approval.

1.4 "Authorized Representatives" means the Design-Build Team and those individuals appointed by CITY and CONTRACTOR from time to time in accordance with the provisions of Section 3.1.1.

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1.5 "Business Day" means any day when the office of the City Clerk of the City of Roseville is open for business.

1.6 "Certificate of Substantial Completion" means a certificate prepared by CONTRACTOR in accordance with Section 5.12 and forwarded to CITY.

1.7 "Certificate of Final Completion" means a certificate prepared by CONTRACTOR and forwarded to CITY stating that the Project is finally complete and that CONTRACTOR is entitled to Final Payment in accordance with Article 5 hereof.

1.8 "Change Directive" means a written order signed by CITY directing a change in the Work. A Change Directive shall state a proposed basis for adjustment, if any, in the GMP or Schedule. CITY may order changes in the Work within the general scope of the Contract, and a Change Directive shall be used in the absence of total agreement on the terms of a Change Order.

1.9 "Change Order" means a written order signed by CONTRACTOR and CITY authorizing a change in the Work, which also may adjust the GMP and/or the Schedule, and which shall constitute a Modification. The GMP and/or Schedule may be changed only by Change Order.

1.10 "Change Proposal" means a proposal for a Change Order submitted by CONTRACTOR to CITY, either at the request of CITY, or at CONTRACTOR's own initiative.

1.11 "Construction Allowance Items" [reserved]

1.12 "Construction Documents" means the plans and specifications prepared by the Design- Build Team for the Project, approved by CITY, and incorporated into this Agreement by reference after such approval, to be used to construct the Project. The Construction Documents shall set forth in detail all items necessary to complete the construction of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifications to the Plans and Specifications must be approved by CITY prior to incorporation into this Agreement. CONTRACTOR’s attention is hereby directed to the confidentiality requirements of Section 2.2.

1.13 "Construction Notice to Proceed" means the notice given by CITY to CONTRACTOR stating that the Site is available to CONTRACTOR and directing CONTRACTOR to commence construction of the Project in accordance with Section 4.2.1.

1.14 "Construction Phase" means the period beginning with the issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project.

1.15 "Construction Work" means that portion of the Work consisting of the provision of labor, materials, equipment and services in connection with the construction of the Project as set forth in the Contract Documents.

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1.16 "Contingency Costs” means those items of Cost of the Work attributable to a contingency for which CITY is responsible and which are payable by CITY to CONTRACTOR pursuant to a Change Order as provided in Article 6.

1.17 "Contract Documents" means this 1) Agreement, 2) its Exhibits, and 3) the Construction Documents, all of which, together with this Agreement, form the entire integrated agreement between CITY and CONTRACTOR. In the event of a conflict between any of these documents, this Agreement controls, followed by its Exhibits.

1.18 "Contract" or “Agreement” means this Design-Build Construction Agreement, its exhibits, and all amendments and/or modifications hereto executed by the parties.

1.19 "Contract Time" means the period of time, including authorized adjustments, allotted in the Schedule for the Final Completion of the Work.

1.20 "CONTRACTOR" means the individual or entity identified in the preamble to this Agreement.

1.21 "CONTRACTOR Event of Default" shall have the meaning set forth in Section 12.1 hereof.

1.22 "Cost of the Work" consists of those items of Work, which are paid for by CITY to CONTRACTOR, and consist of those categories of costs set forth as allowable on Exhibit A.

1.23 "CPM" means a critical path method schedule in the form of precedents, networks and time sequences.

1.24 "Day" or "Days" means calendar days.

1.25 "Delay Costs” means those items of Cost of the Work attributable to an Excusable Delay for which CITY is responsible and which are payable by CITY to CONTRACTOR pursuant to a Change Order as provided in Article 6.

1.26 “Design-Build Team” includes the following: Architect/Engineer; CONTRACTOR; and/or others as coordinated by CONTRACTOR and CITY.

1.27 "Design Development Documents" means the drawings, specifications and other documents prepared by the Design-Build Team for CITY's review and approval prior to the preparation of the Construction Documents. The Design Development Documents shall illustrate the scale and relationship of Project components, outline the nature and structural exterior and three dimensional scale of the Project and shall fix and describe in detail the configuration and character of the Project concerning all items of the Project necessary for the complete and final preparation of the Construction Documents in accordance with the requirements of the Contract Documents, including architectural and electrical systems, materials and such other elements as may be appropriate. CONTRACTOR’s attention is hereby directed to the confidentiality requirements of Section 2.2.
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1.28 "Design Materials" means any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by CONTRACTOR to CITY under the Contract Documents or developed or prepared by CONTRACTOR specifically to discharge its duties under the Contract Documents.

CONTRACTOR’s attention is hereby directed to the confidentiality requirements of Section 2.2.

1.29 "Design Work" means that portion of the Work consisting of the design services required to be provided in connection with the design of the Project as set forth in the Contract Documents, which shall be performed consistent with the standards of professional care set forth herein.

1.30 "Excusable Delay" shall have the meaning set forth in Section 4.4.2 hereof.

1.31 "Fee", if applicable, means the fee payable to CONTRACTOR pursuant to this Contract and as part of the GMP, if shown on Exhibit A attached hereto.

1.32 "Final Completion" means the point at which the Work has been completed in accordance with the terms and conditions of the Contract Documents, including completion of all Punch list items.

1.33 "Force Majeure" means labor dispute (excluding labor shortage), fire, unusual delay in transportation or delivery, unavoidable casualty, flood (assuming CONTRACTOR has taken reasonable precautions), earthquake, epidemic, civil disturbance, war, freight embargo, riot, sabotage (by persons other than CONTRACTOR or Subcontractors), material shortage or any other similar act or condition, in each case only to the extent the event in question is beyond the reasonable control of and without the fault or negligence of CONTRACTOR.

1.34 "Governmental Approvals" means those CITY approvals necessary for the completion of the Project, including, but not limited to, modification of existing zoning, vacation of certain streets and/or alleys, and modifications to or variances from applicable building or zoning regulations.

1.35 "Guaranteed Maximum Price" or "GMP" means the amount set forth on Exhibit A hereto, which may be increased or decreased in accordance with the provisions of the Contract Documents.

1.36 "Hazardous Materials" means those items identified on Exhibit C hereto.

1.37 "Indemnified Parties" includes, but is not limited to, CITY, its agents, officers, employees, and volunteers.

1.38 "Liquidated Damages" means the damages payable by CONTRACTOR to CITY in the event CONTRACTOR does not achieve Final Completion of the Project by the date required on the Schedule, as adjusted, as more fully described in Section 4.6 hereof. 5 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

1.39 "Modification" means an amendment to this Agreement executed by the parties after the date hereof.

1.40 "Party" shall mean CITY or CONTRACTOR individually, and "Parties" shall mean CITY and CONTRACTOR collectively.

1.41 "Payment and Performance Bonds" means the payment bond and performance bond issued by an admitted Surety covering the faithful performance and completion of the Construction Work, including payment for all materials and labor furnished or supplied in connection with the Construction Work, by CONTRACTOR. Such bonds shall be in the form described in Exhibit E.

1.42 "Project" means the design and construction of the project described in the Recitals, together with all on-site infrastructure, site improvements and appurtenances to be designed, if any, constructed and installed in connection therewith, as more fully set forth and described in the Contract Documents and as required thereby or reasonably inferred therefrom.

1.43 "Project Manager" means the person assigned by the director of the CITY administering department to monitor the Project and Work.

1.44 "Punch List" means those minor items of Work to be completed after Substantial Completion and prior to Final Completion, which do not prevent the Project from being used for the purpose for which it is intended and which will not prevent beneficial occupancy or use.

1.45 "Retention" means the amount withheld from progress payments from CITY to CONTRACTOR from time to time, as more fully described in Article 5 hereof.

1.46 "Schedule" means the schedule pursuant to the Proposal and/or other Contract Documents to which CONTRACTOR has agreed to complete the Work. The Schedule shall be adjusted pursuant to the provisions of the Contract Documents. In the event the Schedule is not contained within the Proposal, then CONTRACTOR shall provide to CITY, within fifteen (15) days of issuance of a notice to proceed by CITY, with a complete milestone schedule identifying, among other things, critical paths (if any) and total calendar days until Substantial and Final Completion. In the event the Schedule is contained in the Proposal, the start of the Schedule shall be adjusted by the CONTRACTOR to reflect the date of the Notice To Proceed.

1.47 "Scheduled Date of Substantial Completion" means the date CONTRACTOR has agreed to achieve Substantial Completion of the Project in accordance with the Schedule, as adjusted.

1.48 "Scope Change Costs" means those items of Cost of the Work attributable to changes in scope of the Work and payable by CITY to CONTRACTOR pursuant to a Change Order, as provided in Article 6.

6 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

1.49 "Separate Contractors" means those individuals or entities (including, but not limited to, concessionaires) who have entered into arrangements with CITY for the provision of labor, materials or other services in connection with the Project.

1.50 "Site" is the real property on which the Project will be located.

1.51 "Subcontract" means an agreement between CONTRACTOR and another person or entity engaged to perform a portion of the Work.

1.52 "Subcontractor" means an individual or entity who has entered into an agreement with CONTRACTOR or another Subcontractor for the provision of labor, materials or other services required to be performed by CONTRACTOR under the Contract Documents.

1.53 "Substantial Completion" means the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that CITY may use the Project for its intended purpose.

1.54 "Surety" means one or more issuers of the Payment and Performance Bonds, each of which shall be admitted and licensed to do business in the State of California.

1.55 "Unexcusable Delay" shall have the meaning set forth in Section 4.4.

1.56 "Work" or "Scope of Work" means the Project, inclusive of all labor, materials and services required to be performed or provided by CONTRACTOR officers, employees, agents, Subcontractors or Suppliers pursuant to the provisions of this Agreement and its Exhibits (including, the entirety of Exhibit F).

ARTICLE 2

SCOPE OF WORK / PROJECT REQUIREMENTS

2.1 Performance of Work. CONTRACTOR shall perform the Work in accordance with this Agreement. CONTRACTOR covenants and agrees that it shall be responsible for performing and completing, and for causing all Subcontractors (including Architect/Engineer) to perform and complete, the Work in accordance with the Contract Documents, standard professional and trade practices, and Applicable Laws. CONTRACTOR will retain an Architect/Engineer for design services required by the Work and the Architect/Engineer shall be the engineer of record. CONTRACTOR covenants that the Work and the materials provided thereunder shall be appropriate for the purposes stated in the Request for Proposal and Proposal.

Although it is the responsibility of CONTRACTOR to conform the Work to Applicable Laws at all times, to the extent there is a change in one or more Applicable Laws after the date of execution of this Contract, and such change has the effect of increasing the cost or time of performance of the Work, such change may be the subject of a Change Order under the provisions of Article 6 hereof.

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2.1.1. Noise and Night Work. CONTRACTOR shall comply with CITY’s noise ordinance.

2.2 Professional Standard; Ownership of Documents.

2.2.1 Standards of Performance. The Work shall be performed by CONTRACTOR in accordance with the professional standards applicable to projects, buildings or work of complexity, quality and scope comparable to the Work and the Project. CONTRACTOR may make such additions or substitutions to personnel and responsibilities as it deems necessary or appropriate in order to carry out its responsibilities hereunder, provided such personnel shall be suitably qualified. Nothing in this Agreement shall be construed to create any contractual liability with CITY toward any Subcontractor.

2.2.2 Design Documents and Materials, and Confidentiality.

2.2.2.1 CITY shall have unlimited rights to copy and use in connection with the Project all Design Materials, including the right to use same on the Project at no additional cost to CITY, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. CONTRACTOR and its Sub- contractors shall keep all design documents confidential, and shall not disclose such documents except as may be required in performance of the Work or pursuant to legal process.

2.3 Local Conditions; Environmental Site Conditions.

2.3.1 Local Conditions. CONTRACTOR represents that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which are applicable to the Work such as (a) conditions bearing on transportation, disposal, handling and storage of materials; (b) the availability of labor, water, power and roads; (c) normal weather conditions; (d) observable physical conditions at the Site; (e) the surface conditions of the ground; and (f) the character of equipment and facilities needed prior to and during the performance of the Work. To the extent CONTRACTOR encounters subsurface or concealed conditions which differ materially from that actually known by CONTRACTOR on the date of this Agreement or from those ordinarily found to exist and generally recognized as inherent in the activities of the character provided in the Contract Documents; then CONTRACTOR shall give notice to CITY promptly before conditions are disturbed and in no event later than two (2) Days after the first observance of the conditions if a Change Order is contemplated by CONTRACTOR due to such condition. Such materially different conditions may entitle CONTRACTOR to an equitable adjustment in the GMP and/or Schedule pursuant to the Change Order provisions of this Agreement.

2.3.2 Hazardous Materials. The Parties' agreement as to the handling of Hazardous Materials discovered at the Site (and not brought there by CONTRACTOR or any Subcontractor) is set forth in Exhibit C hereto, and the only duties and responsibilities of CONTRACTOR in connection therewith are as therein specified, notwithstanding any other provision of this Agreement.

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2.4 Design Development Documents and Construction Documents.

2.4.1 General. The Design-Build Team understands that all construction documents, working drawings and specifications (“Submittals”) must be coordinated with, and approved by, CITY prior to construction. CONTRACTOR shall allow CITY a minimum of fourteen (14) days for review of Submittals and corrections made thereto. CONTRACTOR shall work with the Design-Build Team to prepare, for the approval of CITY, working drawings and specifications setting forth in detail the requirements for the construction of the Project in its entirety including the necessary bidding information. CITY’s review of the Design Development Documents and the Construction Documents shall not relieve CONTRACTOR from its responsibilities under this Agreement, or be deemed to be an approval or waiver by CITY of any deviation from, or of CONTRACTOR's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted for approval by CONTRACTOR and approved by CITY. CONTRACTOR shall comply with all CITY construction standards as deemed applicable by the CITY.

CONTRACTOR shall provide CITY with a complete, accurate, full size, and current set of as- built drawings in a hard copy acceptable to City prior to Final Completion.

2.4.2 Reliance on Approvals. CONTRACTOR shall be entitled to rely on the approvals of CITY with respect to the Design Materials. If CITY revokes, modifies or otherwise changes in a material way its approval of a given system after such system has been designed and approved, or modifies the original Scope of Work in a material manner requiring modification to one or more systems which have been designed and approved, CONTRACTOR shall be entitled to a Change Order in accordance with the provisions of Article 6 hereof, provided that prior to such approval CONTRACTOR has made CITY aware of future design decisions which may be affected by such approval. No Change Order shall be issued to the extent such modification is due to the fault or neglect of CONTRACTOR.

2.4.3 Review of Contract Documents and Field Conditions. CONTRACTOR shall take field measurements and verify field conditions and shall carefully compare such field conditions and other information known to CONTRACTOR with the Contract Documents before commencing activities. CONTRACTOR shall perform the Work in accordance with the Contract Documents and submittals approved in accordance with the procedures set forth in this Agreement.

2.5 Legal Requirements. CONTRACTOR shall comply with Applicable Laws, and shall give applicable notices pertaining thereto. Except with respect to Governmental Approvals, CONTRACTOR shall prepare and file all documents required to obtain the necessary approvals of governmental authorities having jurisdiction over the Work and/or the Project and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution of the Work and completion of the Project. Notwithstanding the foregoing, CITY has informed CONTRACTOR that fees in connection with building permits, street use permits, and similar permits relating to construction will be waived and are not to be included in the GMP. If and to the extent charges in the future for such permits are imposed in the future, such charges shall be paid by CITY, or shall be the subject of a Change Order to the Contract in accordance with the Change Order provisions of this Agreement.
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2.6 Services and Facilities.

2.6.1 General. CONTRACTOR shall provide everything required for the orderly progress and proper execution and completion of the Work and the Project in accordance with the requirements of the Contract Documents, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work, including, but not limited to, services, labor, materials, equipment, furnishings, tools, construction equipment and machinery, utilities, transportation and other facilities and services.

2.6.2 Supervision. CONTRACTOR shall supervise and direct the Work in accordance with its best skill and attention. CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures. CONTRACTOR shall be responsible to CITY for the acts and omissions of, and whenever this Contract refers to the negligence, fault or omission of CONTRACTOR, such term shall include the negligence, fault or omission of, CONTRACTOR's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under an agreement with CONTRACTOR.

CONTRACTOR shall not be relieved of obligations to perform the Work in accordance with the Contract Documents by tests, inspections or approvals required or performed by persons other than CONTRACTOR.

2.6.3 Coordination. CONTRACTOR shall coordinate construction requirements with governmental agencies, utilities, and all other parties either involved in infrastructure improvements or otherwise affected by the design and construction requirements.

2.6.3.1 Design-Build Development Coordination. CONTRACTOR understands and agrees that all Design Development Documents and time schedules prepared by Architect/Engineer must be coordinated with CONTRACTOR and CITY. CONTRACTOR shall participate and provide recommendations in the development of the drawings and other documents to fix and describe the size and character of the Project in its entirety as to structural, and electrical systems, materials and other essentials as may be necessary according to good engineering and architectural practice.

2.6.3.2 Construction Documents Coordination. [reserved]

2.6.4. Cooperation. CONTRACTOR shall cooperate with the Architect/Engineer, and CITY’s financial, design and construction consultants and all other designated representatives during the design and construction of the Project.

2.6.5 Management. CONTRACTOR shall implement suitable management systems and work plans for the Project relative to Project safety, quality assurance and managing and controlling the Work.

2.6.6 Reports. CONTRACTOR shall prepare and submit to CITY monthly progress reports on the Work accomplished during the previous monthly period, which reports shall be prepared in a manner and in a format reasonably acceptable to CITY. Such reports shall be 10 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

furnished at the time of submission of each monthly Application for Payment. As part of such report, CONTRACTOR shall provide an updated Schedule, including CPM, if any, illustrating the progress that has been made, by reference to the initial CPM, and specifying whether the Work is on schedule or behind schedule and actions being taken to correct Schedule slippage.

The monthly report shall also set forth CONTRACTOR's projected progress for the forthcoming month.

2.7 Warranty. CONTRACTOR warrants to CITY that any and all materials, equipment and furnishings incorporated in the Work will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective by CITY at its sole discretion.

CONTRACTOR shall warranty the Work for a period of one-year commencing upon recording of the notice of completion. If within this one-year warranty period any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from CITY to do so.

CITY shall give such notice promptly after discovery of the condition. CONTRACTOR shall bear the cost of correction.

CONTRACTOR’s attention is directed to Section 9.3 below regarding Warranty Bond requirements.

2.8 Taxes. CONTRACTOR shall pay, as Cost of the Work, all existing and future applicable federal, state and local sales, consumer, use and similar taxes, whether direct or indirect, relating to, or incurred in connection with, the performance of the Work (excluding taxes based on CONTRACTOR's income). In the event CONTRACTOR is obligated to pay any new or increased taxes or duties adopted after the date hereof, the amount of such new or increased taxes shall increase the GMP pursuant to the Change Order provisions of this Contract. In the event CONTRACTOR receives the benefit of a tax exemption or tax reduction taking effect after the date hereof, the amount of such exemption or reduction shall decrease the GMP pursuant to the Change Order provisions of this Contract

2.9 Access by CITY. CONTRACTOR shall afford CITY and its authorized designees access to the Project Site at all times, subject to reasonable prior notice for access outside of normal business hours.

2.10 Use of Site. CITY shall be permitted beneficial use of the Work.

2.11 Patents, Trademarks, Copyrights. CONTRACTOR shall pay, as a Cost of the Work, all-applicable royalties and license fees on any matters arising in connection with the Work.

CONTRACTOR shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Indemnified Parties, and shall save the Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work or the Project (such costs to be paid as Cost of the Work), except with respect to any particular design process 11 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

or the product of a particular manufacturer or manufacturers specified and required by CITY, other than pursuant to the recommendation or suggestion of CONTRACTOR or a subcontractor; provided however, if CONTRACTOR has reason to believe that the design, process or product so specified is an infringement of a patent, CONTRACTOR shall be responsible for any loss resulting unless CONTRACTOR has provided CITY with prompt written notice of CONTRACTOR's belief, and CITY has nevertheless elected to go forward with such design, process or product so specified.

2.12 Rubbish; Debris; Cleanup. During the performance of all on-site Work, CONTRACTOR shall at all times, as a Cost of the Work, keep the Site and adjacent streets, properties and sidewalks reasonably free from waste materials, debris and/or rubbish, and shall employ adequate dust control measures. If accumulation of such materials, debris, rubbish or dust constitutes a nuisance or safety hazard or is otherwise objectionable in the reasonable opinion of CITY, CONTRACTOR shall promptly remove them. Upon Substantial Completion of the Work, or any portion or component thereof, CONTRACTOR shall remove from the Site, or applicable portion thereof, all tools, construction equipment, machinery, surplus materials, waste materials and rubbish and shall leave the Site in a "broom clean" condition. If CONTRACTOR fails to clean up as provided in the Contract Documents, CITY may do so and the cost thereof shall be charged to CONTRACTOR as a Cost of the Work.

2.13 Permits, Fees and Notices. Unless otherwise provided in the Contract Documents, and subject to the provisions of Section 2.5 hereof, CONTRACTOR shall secure all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. To the extent there is a change in the type or cost of any of such permits, fees, licenses or inspection occurring after execution of this Agreement, there shall be an equitable adjustment in the GMP and Schedule on account of such change in accordance with the Change Order provisions. CONTRACTOR shall comply with and give notices required by Applicable Laws.

2.14 Shop Drawings, Product Data, Samples and Other Submittals.

2.14.1 Documents and Samples at the Site. From and after commencement of the Construction Work, CONTRACTOR shall maintain at the site one record copy of the Construction Documents, and any and all amendments thereto, in good order and marked to record changes and selections made during the Construction Phase. In addition, CONTRACTOR shall maintain at the site approved shop drawings, product data, samples and similar required submittals. These shall be provided to CITY upon completion of the Work.

2.14.2 Shop Drawings, Product Data, Samples and Other Submittals.

2.14.2.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

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2.14.2.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by CONTRACTOR to illustrate materials or equipment for some portion of the Work.

2.14.2.3 Samples are physical examples, which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

2.14.2.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way CONTRACTOR proposes to conform the construction to the Construction Documents.

2.14.2.5 Submission of items listed in section 2.14.2.4. [reserved]

2.14.3 Responsibility. CONTRACTOR shall not be relieved of responsibility for the deviations from requirements of the Contract Documents by CITY's approval of Shop Drawings, Product Data, Samples or similar submittals unless CONTRACTOR has specifically informed CITY of such deviation at the time of the submittal and CITY has given written approval to the specific deviation. CONTRACTOR shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by CITY's approval thereof.

2.15 Tests and Inspections

2.15.1 Initial Tests and Inspections. Tests, inspections and approvals of portions of the Construction Work shall be made as required by the Contract Documents, Applicable Laws or normal construction practices and/or as directed by CITY. Unless otherwise provided, CONTRACTOR shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to CITY, or with the appropriate public authority. The costs of such tests, inspections and approvals shall be a cost paid by CONTRACTOR. CONTRACTOR shall give CITY timely notice of when and where tests and inspections are to be made so that CITY may observe such procedures. All costs of tests, inspections or approvals imposed upon CONTRACTOR by changes in Applicable Laws occurring after execution of this Agreement shall be an increase to the GMP in accordance with the Change Order provisions herein.

2.15.2 Additional Tests and Inspections. If CITY, or any other public authority having jurisdiction, determines that portions of the Construction Work require additional testing, inspection or approval beyond that required by subsection 2.15.1, CITY will instruct CONTRACTOR to make arrangements for such additional testing, inspection or approval by an entity acceptable to CITY, and CONTRACTOR shall give timely notice to CITY of when and where tests and inspections are to be made so CITY may observe such procedures. If such additional tests and/or inspections reveal failure of the portions of the Work to comply with the requirements of the Contract Documents, the costs of such tests and required correction shall be paid as a Cost of the Work, subject to the limitations set forth in Section 2.22 hereof. If the additional tests and/or inspections show that the portions of the Work comply with the 13 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

requirements of the Contract Documents, the costs thereof shall be an increase to the GMP in accordance with the Change Order provisions of this Agreement.

2.15.3 Required Certificates. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by CONTRACTOR and promptly delivered to CITY.

2.1 5.4 Timing of Testing. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

2.16 Execution, Correlation and Intent.

2.16.1 Execution of Agreement. Execution of this Agreement by CONTRACTOR is a representation that CONTRACTOR has visited the Site, become familiar with the local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

2.16.2 Intent of Contract Documents. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by CONTRACTOR. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by CONTRACTOR shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.

2.16.3 Organization of Materials. Organization of the Design Materials into divisions, sections and articles, and arrangement of drawings does not necessarily control CONTRACTOR in dividing the Construction Work among Subcontractors or in establishing the extent of Construction Work performed by any trade.

2.16.4 Meaning of Words. Unless otherwise stated in this Agreement, words which have well-known technical or construction industry meanings are used in accordance with such recognized meanings.

2.17 Labor and Materials; Liens (Stop Payment Notice Claims); Indemnity. Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. CONTRACTOR shall enforce strict discipline and good order among CONTRACTOR's employees, subcontractors, and other persons carrying out the Work.

CONTRACTOR shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

CONTRACTOR shall not permit any Subcontractor, materialman, or laborer to place liens on the Project covering any portion of the Work for which CITY has made payment to CONTRACTOR. If any liens (e.g., stop payment notice claims) are imposed, CITY may 14 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

withhold payment in the amount of 125% of the claim until such time an unconditional release is provided in a form satisfactory to CITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY regarding any claim or lien that proceeds to, or is the subject of litigation. CITY may withhold payment(s) pending compliance with this provision.

2.18 Cutting and Patching.

2.18.1 Cutting and Patching of the Work. CONTRACTOR shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.

2.18.2 Damage to Work of CITY or Separate Contractors. CONTRACTOR shall not damage or endanger a portion of the completed Work, fully or partially completed construction of CITY, or work or construction by Separate Contractor(s) by cutting, patching or otherwise altering such construction or work, or by excavation. CONTRACTOR shall not cut or otherwise alter such construction by CITY or a Separate Contractor except with written consent of CITY and of such Separate Contractor, such consent not to be unreasonably withheld.

2.19 Uncovering of Construction Work.

2.19.1 Uncovering. If a portion of the Construction Work is covered contrary to CITY's written request to observe such work prior to it being covered or contrary to requirements of the Contract Documents, it must, if directed in writing by CITY, be uncovered for CITY's observation and be replaced without change in the Schedule or GMP. The costs of such uncovering and replacement shall be Cost of the Work, subject to the limitation set forth in Section 2.22 hereof.

2.19.2 Covering of Work Requested to be Observed. If a portion of the Construction Work has been covered which CITY has not specifically requested to observe prior to it’s being covered, CITY may request to see such Construction Work and it shall be uncovered by CONTRACTOR. If such Construction Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to CITY and shall increase the GMP. An appropriate time extension shall also be given. If such Construction Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such costs as Cost of the Work, unless such condition was caused by CITY or a Separate Contractor in which event CITY shall be responsible for payment of such costs by appropriate Change Order, and an appropriate time extension shall also be given.

2.20 Correction of Work.

2.20.1 Work Rejected by CITY. CONTRACTOR shall promptly correct Construction Work rejected by CITY or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. CONTRACTOR shall bear the costs of correcting such rejected Construction Work, as a Cost of the Work, including additional testing and inspection and compensation for services and expenses of CITY made necessary thereby.
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2.20.2 [Intentionally deleted].

2.20.3 Removal of Work. CONTRACTOR shall remove from the Site portions of the Construction Work, which are not in accordance with the requirements of the Contract Documents and are neither corrected by CONTRACTOR nor accepted by CITY. The costs incurred in removing such Work shall be a Cost of the Work, subject to the limitation set forth in Section 2.22 hereof.

2.20.4 Failure to Correct Nonconforming Work. If CONTRACTOR fails to correct nonconforming Construction Work within a reasonable time, CITY may correct it in accordance with the terms of this Agreement. If CONTRACTOR does not proceed with correction of such nonconforming Construction Work within a reasonable time fixed by written notice from CITY, CITY may remove it and store the salvageable materials or equipment at CONTRACTOR’s expense. If CONTRACTOR does not pay costs of such removal and storage within ten (10) Days after written notice, CITY may, upon ten (10) additional Days written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by CONTRACTOR, including compensation for services and expenses made necessary thereby. If such proceeds of sale do not cover costs which CONTRACTOR should have borne, CONTRACTOR shall pay such excess to CITY. If such proceeds are in excess of the costs which CONTRACTOR should have borne, such excess shall be paid by CITY to CONTRACTOR. If such costs arise during the performance of the Work, such costs shall be charged against the Cost of the Work. If such costs arise after Substantial Completion, such costs shall be payable as provided in Section 5.1.

2.20.5 Damaged or Destroyed Work. CONTRACTOR shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of CITY or Separate Contractors caused by CONTRACTOR's correction or removal of Construction Work which is not in accordance with the requirements of the Contract Documents. If such costs arise during the performance of the Work, such costs shall be charged against the Cost of the Work. If such costs arise after Substantial Completion, such costs shall be payable as provided in Section

5.1. 2.20.6 No Limitation. Nothing contained in this section 2.20 shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents.

2.21 Value Engineering. CONTRACTOR shall suggest to CITY value engineering to reduce the cost of the Project, which CITY may accept at its sole discretion.

2.21.1 Subcontractors Bids. CONTRACTOR shall use its best effort to choose the highest quality of materials, equipment, component systems and types of construction for the most reasonable prices for inclusion in the Construction Documents, and make reasonable adjustments in the scope of the Project so that the total cost bid by the bidding Subcontractors will not exceed the estimate.

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2.22 Acceptance of Nonconforming Work. If CITY prefers to accept Work, which is not in accordance with the requirements of the Contract Documents, CITY may do so instead of requiring its removal and correction, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

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

ARTICLE 3

CITY'S RIGHTS AND RESPONSIBILITIES

3.1. Information and Services Required of CITY.

3.1.1 CITY Designation of Authorized Representative. Both Parties shall designate, from time to time, one or more representatives authorized to act on their behalf with respect to the Project, together with the scope of his/her respective authority. CONTRACTOR shall not be entitled to rely on directions from anyone outside the scope of that person’s authority as set forth in written delegations pursuant to this Agreement. Directions and decisions made by Authorized Representative(s) of CITY shall be subject to any further approval(s) required by any provisions of CITY’s Charter or the Roseville Municipal Code.

3.1.2 Communication. During the term of this Contract, CITY shall communicate with Subcontractors, suppliers and others performing any part of the Work only through CONTRACTOR's Authorized Representative.

3.1.3 Governmental Approvals. CITY shall be responsible for obtaining the Governmental Approvals. Any delay in obtaining the Governmental Approvals may entitle CONTRACTOR to an equitable adjustment in the Schedule and GMP in accordance with the Change Order provisions of this Agreement, except to the extent such delay is due to the fault or neglect of CONTRACTOR.

3.2 [Intentionally deleted.]

3.3 [Intentionally deleted.]

3.4 Activities on the Site by CITY or Separate Contractors.

3.4.1 CITY's Right to Award Separate Contracts. CITY reserves the right to perform work or operations related to the Project, with CITY's own forces, and to award separate contracts to Separate Contractors in connection with other portions of the Project.

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3.4.2 Integration of the Work with Separate Contractors. Following the request of CITY, CONTRACTOR shall prepare a plan in order to integrate the work performed by Separate Contractors with the performance of the Work, and shall submit such plan to CITY for approval.

The plan shall be fair and reasonable for CONTRACTOR and the Separate Contractors, and CONTRACTOR shall work with the Separate Contractors to reach agreement on such plan.

CONTRACTOR shall arrange the performance of the Work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated, jointed in an acceptable manner, and performed in the proper sequence so that any disruption or damage to the Work or to any work of Separate Contractors is avoided.

3.4.3 Coordination. CONTRACTOR shall provide for the coordination of the activities of CONTRACTOR and its Subcontractors with the activities of the Separate Contractors. CONTRACTOR shall participate with all Separate Contractors and CITY in reviewing and coordinating the schedules of the Separate Contractors with the Schedule.

CONTRACTOR shall make any revisions to the Schedule deemed necessary to properly incorporate the work of the Separate Contractors with the Work. To the extent (a) the date of Substantial Completion is extended by such Schedule revision; (b) CONTRACTOR is required to perform its Work materially out of sequence, and in a manner which is not as efficient or cost effective as originally planned; or (c) the Scope of Work is increased, an equitable adjustment in the GMP and the Schedule shall be made in accordance with the Change Order provisions of this Agreement.

3.4.4 Use of Site. CONTRACTOR shall afford CITY and all Separate Contractors reasonable opportunity for storage of materials and equipment and performance of their work.

CONTRACTOR shall also connect and coordinate its Work and operations with CITY and all Separate Contractors' operations as required by the Contract Documents. CITY shall direct the Separate Contractors to cooperate with CONTRACTOR and to avoid actions or omissions, which could interfere with or delay the activities of CONTRACTOR.

3.4.5 Deficiency in Work of Contractors. If part of CONTRACTOR's Work depends upon proper execution or results upon construction or operations by CITY or a Separate Contractor, CONTRACTOR shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and CITY apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by CONTRACTOR.

CONTRACTOR and the Separate Contractor shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto. Failure of CONTRACTOR to report such discrepancies or defects shall constitute acceptance by CONTRACTOR of the work of Separate Contractors as fit and proper to receive CONTRACTOR's Work (except as to those defects or discrepancies that are not apparent).

3.4.6 Claims Involving Separate Contractors. In the event that CONTRACTOR unnecessarily and unreasonably delays the work of Separate Contractors by not cooperating with them as required hereby, or by not affording them reasonable opportunity to perform their work as stated herein, CONTRACTOR shall, in such event, pay, as Cost of the Work, all reasonable direct incremental costs and expenses incurred by such Separate Contractors due to any such delays. If any Separate Contractor shall assert a claim or bring an action against CITY alleging 18 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

damage due to the fault or neglect of CONTRACTOR, CITY shall immediately notify CONTRACTOR, who shall defend such claim. If it is determined that CONTRACTOR was at fault, CONTRACTOR shall pay all costs of defense, including attorney's fees, as well as any resulting judgment or settlement, as a Cost of the Work.

3.5 Assignment of Separate Contracts. If CITY determines that it wishes to assign to CONTRACTOR one or more contracts between CITY and a Separate Contractor, it shall give CONTRACTOR written notice of such desire, including in such notice a copy of such contract for CONTRACTOR's review and approval. The Separate Contractor shall be fully qualified to perform the work under the to-be-assigned contract, shall possess the financial capability to perform its obligations under such to-be-assigned contract, and shall provide one hundred percent (100%) payment and performance bonds covering such work from sureties meeting the standards set forth in Section 1.53 hereof. Such contract shall contain provisions similar to those contained in CONTRACTOR's agreements with its Subcontractors with respect to liability, indemnification, retention, payment, labor, warranty, and other material items. Upon CONTRACTOR's approval of the assignment of such contract, which approval shall not be unreasonably withheld, delayed or conditioned, such Separate Contractor shall cease to be a Separate Contractor and shall thereafter be deemed to be a Subcontractor of CONTRACTOR, and the GMP shall be increased by Change Order in the amount of (a) such assigned contract, and (b) the additional Fee pursuant to the provisions of Section 6.5.1.

3.6 CITY's Right to Stop the Work. If CONTRACTOR persistently fails to correct Work which is not in accordance with the requirements of the Contract Documents and this Agreement or persistently fails to carry out the Work in accordance with the Contract Documents, CITY, by written order signed by CITY, may deliver a notice to CONTRACTOR setting forth that such a persistent and material failure is occurring and has occurred, and demanding that CONTRACTOR commence a cure of such persistent and material failure within twenty (20) Days and diligently pursue such cure thereafter. In the event that the cure is not commenced and pursued diligently, CITY may, by written notice to CONTRACTOR, order CONTRACTOR to stop the Work, or any portion thereof, until the use for such order has been eliminated; provided, however, that the right of CITY to stop the Work shall not give rise to a duty on the part of CITY to exercise this right for the benefit of CONTRACTOR or any other person or entity and shall not give rise to any liability of CITY to CONTRACTOR resulting from any delay (except to the extent that such order is found to be improper).

3.7 CITY's Right to Carry out the Work. If CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) Day period after receipt of written notice from CITY to commence and diligently continue correction of such default or neglect with diligence and promptness, CITY may after such seven (7) Day period give CONTRACTOR a second written notice to correct such deficiencies within such second seven (7) Day period. If CONTRACTOR within such second seven (7) Day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies, CITY, without prejudice to other remedies CITY may have, may correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to CONTRACTOR the cost of correcting such deficiencies, including Compensation for additional services and expenses made necessary by such default, neglect or 19 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

failure. If payments then or thereafter due to CONTRACTOR are insufficient to cover such amounts, CONTRACTOR shall pay the difference to CITY.

ARTICLE 4
TIME

4.1. Progress and Completion. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, CONTRACTOR confirms that the Contract Time is a reasonable period of time for achieving Final Completion of the Work.

4.2 Schedule Obligations.

4.2.1 Contract Schedule and Notice To Proceed. CONTRACTOR shall provide a schedule as stated in Section 1.46. CONTRACTOR shall begin work pursuant to this Agreement and in accordance with the Schedule (as described in Exhibit F) within fifteen (15) calendar Days of the date of issuance of a Notice To Proceed by CITY, unless extended at the request made to and at the sole discretion of City. CONTRACTOR shall update said schedule to commence from the date of this Agreement, and the overall timeline shall remain consistent with the original schedule. CITY may issue the Notice To Proceed within fifteen (15) Days of full execution of this Agreement.

4.2.2 Prosecution of the Work. CONTRACTOR shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the rate of progress is such that the total amount of Work and/or the degree of completion of the Project accomplished by CONTRACTOR within any time period required by the Schedule is less than the amount therein specified, CONTRACTOR shall so notify CITY. If the delay is an Unexcused Delay, CONTRACTOR shall prepare a recovery schedule for CITY's review and approval, showing how CONTRACTOR will compensate for the delays and achieve Final Completion by the date shown on the Schedule. If CONTRACTOR is unable to demonstrate how it will overcome Unexcused Delays, CONTRACTOR shall employ such extraordinary measures as are necessary to bring the Work into conformity with the Final Completion Date set forth therein, the costs of which shall be a Cost of the Work and not exceed the GMP. If the delay is an Excusable Delay, CITY shall either (a) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the GMP on account of such delay, to the extent permitted by Article 6; or (b) request that CONTRACTOR prepare a recovery schedule showing how (if possible) CONTRACTOR can achieve Substantial Completion by the date shown on the Schedule (as modified), and equitably adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of CONTRACTOR on account of such recovery schedule. Schedule float (total float) shall be owned by CITY. As float is an expiring resource, if the Work is delayed on the critical path due to a delay caused by the CONTRACTOR and/or Architect/Engineer, the CONTRACTOR may not use any float created by such a delay on any other path without the express written approval of CITY.

4.3 Pre-construction Activities. Within thirty (30) Days after execution of this Agreement, CONTRACTOR shall submit to CITY for review a detailed schedule of pre-construction 20 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

activities, by expanding the pre-construction activities set forth on the Schedule. This pre- construction schedule shall be prepared using the CPM, and shall show in sufficient detail the starting and completion times sequences of Subcontract award activities of CONTRACTOR, and identify all interface activities of CITY.

4.4 Extensions of Time.

4.4.1 General. An extension in the scheduled date of Final Completion will only be granted in the event of Excusable Delays affecting Work activities on the critical path.

4.4.2 Excusable Delays. Subject to 4.4.1 and 4.5.2, to the extent any of the following events results in an actual delay in the Work affecting Work activities on the critical path, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay").

4.4.2.1 Failure or inability of CITY to make available any or all of the Site in accordance with the requirements of the Schedule.

4.4.2.2 Failure or inability of CITY or CONTRACTOR to obtain necessary zoning changes, variances, code changes, permits or approvals from any governmental authority, or failure to obtain any street or alley vacations required for the performance of the Work, except to the extent due to the fault or neglect of CONTRACTOR.

4.4.2.3 Delays resulting solely from the acts or omissions of Separate Contractors; provided however, only to the extent Separate Contractors perform their work improperly and not in accordance with any applicable critical path schedule.

4.4.2.4 Delays resulting from Force Majeure.

4.4.2.5 Differing, unusual or concealed site conditions that could not reasonably have been anticipated by CONTRACTOR in preparing the Schedule.

4.4.2.6 Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the site by CONTRACTOR or any Subcontractor.

4.4.2.7 Delays resulting from changes in Applicable Laws occurring after the date of execution of this Agreement.

4.4.2.8 Delays occurring solely due to the acts or omissions of CITY and those within the control of CITY, including, but not limited to, Separate Contractors.

4.4.2.9 Delays resulting from weather conditions, which shall be determined as follows: Should CONTRACTOR prepare to begin work at the regular starting time of any working day on which inclement weather, or the conditions resulting from the weather, prevents the Work from beginning at the usual starting time and the crew is dismissed as a result thereof and CONTRACTOR does not proceed with at least 75% of the normal labor and equipment force engaged in the current operations for at least 60% of the total daily time being spent, 21 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

CONTRACTOR will not be charged for a working day, even if the conditions change during the course of the day. At the start of such days, CONTRACTOR shall notify CITY if CONTRACTOR believes that inclement weather or conditions resulting from the weather exist. A non-working day determination of such conditions shall be made by CITY, who will immediately notify CONTRACTOR.

4.4.2.10 Delays resulting from unproductive work days, which shall be determined as follows: When CONTRACTOR is prevented from working on current operations due to site conditions, CITY action, or force majeure for at least 60% of the total daily time on the controlling operations. Controlling operations are determined by the critical path method schedule described in the applicable CITY construction standards. The critical path schedule used in this determination shall be no more than thirty (30) days old. CONTRACTOR shall notify CITY if CONTRACTOR believes an unproductive work day exists upon discovery of such condition. A non-working day determination of such conditions shall be made by CITY, who will immediately notify CONTRACTOR.

4.4.3 Requirements for Schedule Amendment due to Excusable Delays. In order to obtain an extension of time due to an Excusable Delay, CONTRACTOR shall comply with the following requirements:

4.4.3.1 CONTRACTOR shall notify CITY of the Excusable Delay as soon as practicable, but in no event more than four (4) Business Days after CONTRACTOR becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days CONTRACTOR expects to be delayed. After the cessation of the Excusable Delay, CONTRACTOR shall notify CITY of the number of Days CONTRACTOR believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by CITY, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection.

4.4.3.2 CONTRACTOR shall demonstrate to the satisfaction of CITY that the Excusable Delay in fact delayed the critical path for performance of the Work (by use of CPM analysis). Any delay that impacts the CPM will be presented to the Project Manager at the monthly meeting, and prior to completion of each activity.

4.4.4 Decision by CITY. Within thirty (30) Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Inexcusable Delays, CITY will provide CONTRACTOR with written notice of CITY's determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay within ten (10) Days after receipt by CITY of CONTRACTOR's written request for such determination. The issuance by CITY of such a determination shall not, however, be deemed a concurrence by CONTRACTOR of the matters set forth therein, and CONTRACTOR may invoke the dispute resolution procedures with respect to such determination. Pending completion of dispute resolution procedures, CONTRACTOR may take such acceleration or other measures required on account of CITY's determination of 22 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

Inexcusable Delay, and if completion of the dispute resolution procedures results in CITY's determination being changed to Excusable Delay, the costs associated with such measures shall be paid by CITY as an increase to the GMP in accordance with the Change Order provisions of this Agreement.

4.5 Adjustment in GMP on Account of Extensions of Time.

4.5.1 Certain Excusable Delays. Section 4.5 governs the extent to which CONTRACTOR is entitled to an extension of time due to Excusable Delays. Provisions governing the payment of additional compensation on account of such Excusable Delays, (if any) are set forth in Article 6.

4.5.2 Concurrent Delays. To the extent CONTRACTOR is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of CONTRACTOR, any subcontractor and/or by an Inexcusable Delay, CONTRACTOR shall not be entitled to any additional costs for the period of such concurrency.

4.6 Liquidated Damages.

4.6.1 General. CONTRACTOR and CITY acknowledge that in the event that CONTRACTOR fails to achieve Final Completion of the Project by the date established, CITY will incur substantial damages that shall be incapable of accurate measurement. Nonetheless, the parties acknowledge that on the date of this Agreement, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that CITY would incur as a result of late Completion of the Project. Such liquidated damages shall be in-lieu of actual damages resulting from late completion. The amount of the liquidated damages calculated hereunder does not include any penalty.

4.6.2 Amount of Liquidated Damages. If CONTRACTOR fails to achieve Final Completion of the Work on or before the Notice of Completion date, as adjusted for Excusable Delays, CONTRACTOR shall pay to CITY liquidated damages in the amount of $500.00 (five hundred dollars) per Day for each calendar day the date of Final Completion is unexcusably delayed. Payment of liquidated damages shall be made contemporaneously with CITY's required payment to CONTRACTOR, and such payments may be offset against each other.

ARTICLE 5

PAYMENT AND COMPLETION

5.1 Guaranteed Maximum Price (“GMP”) and GMP Shared Savings. CITY shall pay for CONTRACTOR's performance under this Agreement the Cost of the Work and Fee (as described in Exhibit A hereto); provided, however, that the sum of the Cost of the Work and the Fee shall not exceed the GMP, as adjusted by Change Order/Directive in accordance with the Contract Documents. CONTRACTOR bears the risk of its increased costs due to market price increases (including escalating costs for materials).
23 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

5.1.1 Shared Savings. CONTRACTOR shall be compensated for actual work completed based on the Cost of Work and Fee up to the amount of the GMP. If CONTRACTOR’s actual total Cost of the Work and Fee is less than the GMP, upon Final Completion, the CONTRACTOR shall be entitled to receive forty percent (40%) of the GMP Savings. “GMP” Savings shall mean the positive difference, if any, when the actual Total Cost of the Work and Fee is subtracted from the GMP; provided, however, that unused contingency monies, if any, shall not be subject to shared savings.

5.2 Schedule of Values. Before the first Application for Payment, CONTRACTOR shall submit to CITY, and CITY shall approve, a schedule of values, setting forth the various portions of the Work, and the portions of the GMP allocated to each portion. This schedule of values shall be used as a basis for payment.

5.3 Applications for Payment. CONTRACTOR shall deliver to CITY not more than once each month an Application for Payment covering the Cost of Work and Fee applicable to the Work performed during the immediately preceding month. With each Application for Payment CONTRACTOR shall submit such evidence as may be necessary to demonstrate costs incurred on account of Cost of the Work during such month and the percentage of completion of each category of Work. CITY may reject requests for payment, or portions thereof, for Work, or portions thereof, not performed or completed.

5.4 Amount of Progress Payments. CITY shall pay CONTRACTOR the actual Cost of the Work and Fee, if any, through the period covered by the Application for Payment, less Retention as set forth in Section 5.5 below, provided that the aggregate payment amount before retention will not exceed the percentage of completion of the Work multiplied by the GMP (excluding items of the GMP not subject to retention). CITY may additionally withhold from progress payments such amounts pursuant to stop payment notice claims as required by law and CITY administrative regulation 4.01.

5.5 Retention; Escrow Agreement; Final Payment. Five percent (5%) Retention shall be withheld from each progress payment until the expiration of thirty-five (35) days following the recordation of the notice of completion; provided however, City shall continue to retain such amount as required by law and/or CITY administrative regulation 4.01. CONTRACTOR may elect to establish an escrow account for securities in-lieu of the five percent (5%) Retention in a form of escrow agreement compliant with law and subject to approval by the City Attorney (form of escrow agreement is attached as Exhibit D). Release of Retention monies shall constitute the Final Payment.

5.6 Early Release of Subcontractor Retention. [reserved]

5.7 Payment for On-Site and Off-Site Stored Materials. [reserved]

5.8 Title to Construction Work. CONTRACTOR warrants that title to all Construction Work covered by an Application for Payment shall pass to CITY no later than the time of payment. CONTRACTOR further warrants that upon submittal of an Application for Payment, 24 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

all Construction Work for which Applications for Payment have been previously issued and payments received from CITY shall, to the best of CONTRACTOR's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of CONTRACTOR, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials or equipment relating to the Construction Work.

5.9 Withholding of Payment. CITY may withhold payment on account of an Application for Payment if required or authorized by any Applicable Law, or to the extent necessary to protect CITY from loss because of:

5.9.1 defective Work not remedied;

5.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims;

5.9.3 failure of CONTRACTOR to make payments of undisputed amounts to Subcontractors for labor, materials or equipment;

5.9.4 damage to CITY or a Separate Contractor caused by the fault or neglect of CONTRACTOR to the extent not reimbursed by insurance; or

5.9.5 reasonable evidence that the Work will not be Substantially Completed within the Contract Time due to Inexcusable Delay, and that the unpaid balance of the GMP would not be adequate to cover liquidated damages for the anticipated Inexcusable Delay.

5.10 Failure of Payment; Interest. In accordance with Public Contract Code §20104.50, CITY shall pay CONTRACTOR interest on any progress payment, which is made by CITY more than thirty (30) days after CITY receives an undisputed and properly submitted written payment request. Said interest shall be equal to the rate set forth in Code of Civil Procedure §685.010(a), and shall begin to accrue upon the expiration of said thirty (30) day period. Any written request for a progress payment which CITY determines to be disputed, improper or not suitable for payment for any reason shall be returned to CONTRACTOR within seven (7) days after receipt by CITY, along with a written statement of the reason or reasons why such request is disputed, improper or not suitable for payment.

5.11 Occupancy by CITY Prior to Acceptance. CITY reserves the right to Beneficial Occupancy and without charge by CONTRACTOR. In those areas of the Work which are completed, CITY may store materials, equipment, and supplies, and may perform partial operation.

5.12 Substantial Completion. When CONTRACTOR considers the entire Work complete and ready for its intended use, CONTRACTOR shall certify in writing to CITY that the entire Work is substantially complete by providing CITY with a Certificate of Substantial Completion.

Within a reasonable time thereafter, CITY and CONTRACTOR shall make an inspection of the Work to determine the status of completion. If CITY does not consider the Work substantially complete, CITY will notify CONTRACTOR in writing giving reasons therefor. If CITY 25 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

considers the Work substantially complete, CITY will accept a corresponding partial Certificate of Substantial Completion. There shall be attached to the Certificate a Punch List of items to be completed or corrected before Final Acceptance and Final Payment.

5.13 Final Completion. When the Work is fully completed, CONTRACTOR shall provide CITY with a Certificate of Final Completion and shall request final inspection in writing.

Additionally, CONTRACTOR shall provide legally effective releases or waivers satisfactory to CITY of all lien rights arising out of or liens filed in connection with the Work. Within ten (10) calendar days of receipt of such completed request form, CITY shall make final inspection. If following final inspection CITY determines that the Work (including all Punch List items) has been fully completed, CITY will process a Notice of Completion. If CITY determines that the Work is not complete after receipt of certification from CONTRACTOR, CONTRACTOR shall be notified in writing of deficiencies. After the deficiencies have been corrected, the procedure for final inspection as set forth above shall again be initiated by CONTRACTOR. In the event CITY determines the Work is fully completed, CITY shall initiate process of attaining a notice of completion.

5.13.1 Waiver of Claims at Final Payment. Acceptance of final payment by CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR, except those previously made in writing and identified as unsettled at the time of final payment.

5.14 Construction Allowance Items. [reserved]

5.15 Superintendent. CONTRACTOR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Construction Work. The superintendent shall represent CONTRACTOR, and communications given to the superintendent shall be as binding as if given to CONTRACTOR.

5.16 Documents and Samples at the Site. CONTRACTOR shall maintain at the site for CITY one record copy of the drawings, specifications, addenda, Change Order and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. CONTRACTOR shall also prepare one reproducible set of as-built drawings. These shall be provided to CITY upon completion of the Work.

5.17 Contingency. [reserved]

ARTICLE 6
CHANGES IN THE WORK; CLAIMS

6.1 Changes. Changes in the Work shall be performed under applicable provisions of the Contract Documents. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to CITY or CONTRACTOR, the applicable unit prices for such change 26 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

order/directive shall be equitably adjusted. No GMP adjustment on account of a Change Order shall include CONTRACTOR's or Subcontractor's profit, Fee, home office overhead or a formula allocation of indirect costs unless otherwise specifically allowed hereunder.

6.2 Change Directives. The following procedures shall apply with respect to Change Directives:

6.2.1 Upon receipt of a Change Directive signed by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise CITY of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the GMP or the Schedule. If CONTRACTOR receives a written communication signed by CITY which CONTRACTOR believes is a Change Directive but is not so identified, it shall not proceed with the change in the Work until it receives from CITY a written confirmation that such communication is in fact a Change Directive.

6.2.2 A Change Directive signed by CONTRACTOR indicates the agreement of CONTRACTOR with the contents thereof, and shall convert the Change Directive to a Change Order.

6.2.3 If CONTRACTOR does not respond promptly or disagrees with the method for adjustment in the GMP or Schedule, the method and adjustment shall be determined as provided in Sections 6.5 or 6.10 below, as applicable. In such case, CONTRACTOR shall keep and present, in such form as CITY may request, an itemized accounting, together with appropriate supporting data.

6.2.4 Pending final determination of cost to CITY, amounts not in dispute shall be included in Applications for Payment. The amount of credit to be allowed by CONTRACTOR to CITY for a deletion or change which results in a net decrease in the GMP shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for Fee shall be figured on the basis of net increase, if any, with respect to that change.

6.2.5 If CITY and CONTRACTOR do not agree with the adjustment in the Schedule or the GMP, such disagreement shall be submitted for dispute resolution in accordance with the provisions of this Contract.

6.3 Change Proposals. If CITY requests CONTRACTOR to submit a Change Proposal which would entitle CONTRACTOR to an increase in the GMP for costs of preparation of such Change Proposal pursuant to the provisions of this Section 6.3, CONTRACTOR shall first estimate the costs of preparing such Change Proposal and inform CITY in writing of such costs.

CITY shall then direct CONTRACTOR either to proceed with the Change Proposal or cancel the Change Proposal. If CITY directs CONTRACTOR to proceed with the Change Proposal and then elects not to proceed with the Change Order contemplated therein, a Change Order shall be issued to reimburse CONTRACTOR for costs reasonably incurred by CONTRACTOR on account of such Change Proposal, but only to the extent the Change Order contemplated by such Change Proposal involves a material change to the scope of the Work requiring modification to 27 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

one or more systems which have been designed and approved in accordance with the standards set forth in the technical specifications. To the extent the preparation of such Change Proposal impacts the Schedule (e.g., other Work is suspended pending a decision on such Change Proposal or the Design Work is delayed due to the preparation of the Change Proposal), an equitable adjustment in the Schedule shall be made.

6.4 Claims. CONTRACTOR shall submit any claims for additional compensation to CITY in writing. The claim shall set forth the reason(s) that 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 notice must be given to the Project Manager prior to the time that CONTRACTOR shall have performed the work giving rise to the potential work for additional compensation, if based on an act or failure to act by CITY, or in all other cases within fifteen (15) calendar days after happening of the event, thing or occurrence giving rise to the potential claim. Any and all Claims not presented as required herein shall be waived.

6.5 Change Orders Increasing or Decreasing Scope.

6.5.1 Increased Scope. With respect to Change Orders which increase the Scope of Work described on Exhibit F, are not due to the errors or omissions of CONTRACTOR and are not attributable to Excusable Delays or the contingencies set forth in Section 6.6 below, the GMP shall be increased by the following "Scope Change Costs":

6.5.1.1 Construction Work and Mark Ups.

6.5.1.1.1 The estimated increase in the Cost of the Work attributable to the Change Order and which would not have been incurred but for the Change Order and/or Work Directive. In addition, CONTRACTOR may add a markup of up to ten percent (10%), subject to the discretion of the Project Manager, to the increase in the Cost of the Work due to the Change Order. This markup shall constitute full compensation for all delay costs, overhead costs and profit. The GMP shall be revised accordingly.

6.5.1.1.2 When Change Order work is performed by a
Subcontractor(s), each Subcontractor may add a markup of up to ten percent (10%), subject to the discretion of the Project Manager, to their direct costs for labor, materials and equipment used in performing the Change Order work. The GMP shall be revised accordingly.

6.5.2 Decreased Scope. With respect to Change Orders, which decrease the Scope of Work described on Exhibit F, the GMP shall be decreased by the Cost of Work attributable to such Change Order and/or Work Directive. Furthermore, if the Change Order deletes a part of the Scope of Work, CONTRACTOR shall be entitled to retain a value of five percent (5%) of the full value of the reduction in Cost of Work attributable only to the portion of the Scope of Work deleted from the Scope of Work. The GMP shall be revised accordingly.

6.6 Change Orders on Account of Contingencies. With respect to Change Orders which are attributable to the following contingencies, the GMP shall be adjusted (increased or decreased) by the following "Contingency Costs,'' consisting of the following:
28 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

6.6.1 With respect to new or increased taxes arising after the date of this Agreement (other than taxes assessed based on the income of CONTRACTOR), the Change Order shall consist of the incremental amount of such new or increased taxes only. With respect to reductions in taxes arising after the date of this Agreement (other than taxes assessed based on the income of CONTRACTOR), the Change Order shall consist of the incremental amount of such reduced taxes only.

6.6.2 With respect to increases or decreases in fees for permits or other governmental certificates or instruments arising after the date of this Agreement, the Change Order shall consist of the incremental amount of such increases or decreases. To the extent this Agreement states that a permit or certificate is not required and CONTRACTOR is later required to procure such permit or certificate, all out-of-pocket costs reasonably associated therewith shall be included in the Change Order.

6.7 Change Orders on Account of Excusable Delay. With respect to Change Orders, which are attributable to Excusable Delays, and subject to the exceptions set forth in Section

6.7.3 below, the GMP shall be increased by the following "Delay Costs":

6.7.1 Construction Work.

6.7.1.1 Increased allowable labor costs resulting from wage increases paid due to the delay;

6.7.1.2 Premiums for overtime and extra shifts incurred in accelerating the Work, but only if acceleration is required in advance by CITY:

6.7.1.3 Proven increased material costs;

6.7.1.4 Additional general conditions costs which would not have been incurred but for the delay (itemized, and not based on a formula allocation);

6.7.1.5 Demobilization and remobilization costs; and

6.7.1.6 Additional items of Cost of the Work attributable to the Excusable Delay and which would not have been incurred but for the Excusable Delay.

6.7.2 Intentionally left blank.

6.7.3 Exceptions. The following exceptions to the provisions of Section 6.7.1 above shall apply:

6.7.3.1 With respect to the Excusable Delay described in Section 4.4.2.1, the cost described in Section 6.7.1 shall not be compensable delay costs if such Excusable Delay occurs prior to the commencement of the Construction Work.

29 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

6.7.3.2 With respect to the Excusable Delay described in Section 4.4.2.2, the cost described in Section 6.7.1 shall not be compensable delay costs if such Excusable Delay occurs prior to the commencement of the Construction Work.

6.7.3.3 With respect to the Excusable Delay described in Section 4.4.2.4, costs incurred in connection with such delay are chargeable against the Cost of the Work but shall not increase the GMP.

6.7.3.4 With respect to the Excusable Delay described in Section 4.4.2.5, in addition to the compensation provided in Section 6.7.1, CONTRACTOR shall be entitled to the additional costs set forth in Section 6.10.

6.7.3.5 With respect to the Excusable Delay described in Section 4.4.2.7, additional compensation shall only be paid if the change in Applicable Law is not a change in law of general application (e.g., CAL/OSHA), but is a change in law specifically affecting the Project.

6.8 Force Majeure. There shall be no additional compensation to CONTRACTOR on account of Force Majeure.

6.9 Intentionally left blank.

6.10 Change Orders on Account of Differing Site Conditions. If CONTRACTOR encounters conditions described in Section 4.4 which constitute Excusable Delay, in addition to the increase in the GMP on account of delay costs incurred by CONTRACTOR (as described in Section 6.7.1), the GMP shall also be increased by the additional Cost of the Work attributable to such conditions which would not have been incurred but for such conditions.

6.11 Time Extensions on Account of Change Orders. CONTRACTOR shall be entitled to a time extension in connection with any Change Order to the extent its time of performance is extended due to such Change Order. CONTRACTOR shall present to CITY a CPM analysis showing how the Change Order affects the critical path of the Work.

ARTICLE 7

CORRECTION OF WORK

7.1 Correction of Work Prior to Completion. Prior to the date of Final Completion, CONTRACTOR shall correct Work which (a) CITY reasonably rejects as being defective or nonconforming to the requirements of the Contract Documents in a written notice delivered to CONTRACTOR or (b) CONTRACTOR recognizes is defective or nonconforming to the Contract Documents. If other portions of the Work are adversely affected by or are damaged by such defective Work, CONTRACTOR shall also correct, repair or replace such affected or damaged Work, as well as any other property of CITY or others damaged by such defective or nonconforming Work. Prior to the date of Final Completion, the cost of correcting any damaged or defective work shall be paid as a Cost of the Work.
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7.2 Correction of Work After Completion. For defects identified by CITY and for which CITY has notified CONTRACTOR within a period of twelve (12) months after the date of Final Completion, or within such longer period as may be provided by special warranties contained in the Contract Documents, CONTRACTOR shall re-execute, correct, repair or replace all Work found to be defective or nonconforming to the Contract Documents (whether arising from a design or construction defect, error, omission or deficiency). If other portions of the Work are adversely affected by or damaged by such defective Work, CONTRACTOR shall also correct, repair or replace such affected or damaged Work, as well as any other property of CITY or others damaged by such defective or nonconforming Work.

7.3 Acceptance of Nonconforming Work. If CITY prefers to accept Work, which is not in accordance with the requirements of the Contract Documents, CITY may do so instead of requiring its removal and correction, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

7.4 No Effect on Limitations. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations, which CONTRACTOR may have under the Contract Documents.

ARTICLE 8

SUBCONTRACTORS

8.1 Subcontracts

8.1.1 Incorporation of Contract Documents. CONTRACTOR may enter into Subcontracts with various Subcontractors for portions of the Work. The Subcontracts shall require each Subcontractor, to the extent of the Work to be performed by such Subcontractor, to assume towards CONTRACTOR all the obligations and responsibilities which CONTRACTOR assumes towards CITY. All Subcontracts shall incorporate the terms of this Agreement and the Contract Documents to the extent applicable to the Work to be performed by the Subcontractor.

8.1.2 Approval of Subcontractors. Those portions of the Construction Work that the CONTRACTOR does not intend to perform with CONTRACTOR's own personnel shall be performed under Subcontracts. A proposed list of Subcontractors shall be submitted to CITY for approval. Proposed Subcontractors will be deemed accepted unless CITY objects in writing within five (5) days after submission by CONTRACTOR.

ARTICLE 9
INSURANCE AND BONDS; INDEMNIFICATION

9.1 Insurance to be provided by CONTRACTOR:

31 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

A. Evidence of Coverage. CONTRACTOR shall, at all times, maintain in full force and effect at a minimum the insurance required by this section; and 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 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 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. Commercial General Liability, automobile liability, and worker's compensation insurance shall be maintained as follows:

1. Commercial General Liability $2,000,000 each occurrence Minor Construction Project $4,000,000 aggregate
(Projects under $1,000,000)

Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate

Commercial General Liability for $5,000,000 each occurrence Major Construction Projects $10,000,000 aggregate
(Projects over $1,000,000) Personal Injury:
$5,000,000 each occurrence
$10,000,000 aggregate

2. Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate

The Commercial General Liability policy shall include coverage or endorsements for:
a. Completed operations.
b. Losses related to independent contractors, products and equipment. c. Explosion, collapse and underground hazards.

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 volunteer, as additional insured (except for workers’ compensation as respects services or operations under the Contract. The additional insured endorsement for 32 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

the general liability policy shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsements must include coverage for on-going and completed operations. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers.
b. Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability. 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 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. CONTRACTOR shall furnish a certificate for the period covered.

SPECIAL NOTICE - CLAIMS MADE COVERAGE:

Liability insurance coverage may not be written on a "claims made" basis. The Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.

2. Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides total limits of not less than One Million Dollars ($1,000,000) combined single limits per accident, applicable to all owned, non-owned, and hired vehicles.

3. Statutory Workers' Compensation and Employer's Liability Insurance, including a waiver of subrogation endorsement and a Broad Form "All-States" Endorsement for all employees engaged in services or operations under the Contract. The employer's liability insurance shall provide limits of not less than One Million Dollars ($1,000,000) per occurrence.

Both the worker's compensation and employer's liability policies shall contain the Insurer's waiver of subrogation in favor of CITY, its officers, agents, employees, and volunteers.

4. Builder's Risk/Course of Construction Insurance: 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. 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, 33 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

The policies providing such insurance shall name CITY as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with 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.

D. Other Insurance Provisions.

1. The requirements of the Contract Conditions as to types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of insurance by CITY, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude CITY from taking any other action available to it under any other provision of the Contract or law.

2. CITY acknowledges that some insurance requirements contained in the Contract Conditions may be fulfilled by self-insurance on the part of 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 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.

3. 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, CONTRACTOR shall require its subcontractors to agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under this Contract. Additionally, CONTRACTOR shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, CONTRACTOR may insure subcontractor(s) under its own policy.

4. 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 CONTRACTOR; and with respect to liability arising out of work or operations 34 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

performed by or on behalf of 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. In addition, the insurance policy may not contain language which prohibits additional insureds or other insurers from satisfying the self-insured retention or deductible.

5. 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 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.

6. Unless provided by CONTRACTOR, CONTRACTOR shall require its Architect/Engineer to provide professional liability (errors and omissions) insurance (certificate and additional insured endorsement).

7. CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS

PAYMENTS TO CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.

9.2 Insurance to be provided by CITY. [not applicable]

9.3 Payment, Performance and Warranty Bonds. CONTRACTOR shall furnish and deliver to CITY Performance, Labor & Materials, and Warranty Bonds issued by a surety prior to, and as a condition precedent to, commencement of the Construction Work on the Site; provided, however, the Warranty Bond shall be waived if such bond is not required pursuant to CITY’s request for proposals for the Project. The Payment and Performance Bonds shall be in a penal sum equal to one hundred percent (100%) of the GMP, and the Warranty Bond shall be in the penal sum equal to ten percent (10%) of the GMP. All bonds shall be in the form as set forth in Exhibit E hereto. All premiums for the Performance, Labor & Materials, and Warranty Bonds shall be a Cost of the Work. CITY shall have the right to withhold any payment(s) under this Agreement until CONTRACTOR has fully complied with this sub-section.

9.4 Indemnification. To the fullest extent allowed by law, CONTRACTOR shall defend, indemnify, and hold harmless, CITY, its officers, employees, agents, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses, expenses or other liabilities of every type and description, including reasonable attorney fees, to which they may be subjected or put, by reason of, or resulting from, the performance of the Work, whether upon or off the Work, including the loss of use thereof, that is caused in whole or in part by willful or reckless misconduct and/or any negligent or wrongful act or omission of CONTRACTOR, any Subcontractor, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not it is caused in part by a party indemnified hereunder, except for such claims arising from the sole or active negligence of CITY. The parties intend that this provision shall be broadly construed.

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CONTRACTOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

ARTICLE 10

PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions and Programs.

10.1.1 Site Safety. CONTRACTOR shall be responsible for initiating, maintaining and providing supervision of safety precautions and programs in connection with the Work, and shall also comply with any and all insurance carrier-mandated safety requirements and programs.

10.1.2 Safety Notices. In connection with the performance of the Work, CONTRACTOR shall provide notices and comply with all Applicable Laws bearing on the safety of persons and property and their protection from damage, injury or loss.

10.2 Safety of Persons and Property.

It is the intent of the parties that CITY is not an exposing, creating, controll ing, or correcting employer under California Labor Code S ection 6400. In accordance with generally accepted fabrication and construction practices and all applicable Laws and Standards and Codes, CONTRACTOR shall have the authority and be solely and compl etely responsible for the safety of all property utilized and all persons performing under this Agreement. Moreover, the CONTRACTOR shall be the controlling employer and has the authority and responsibility to enforce safety for all fabrication, construct ion work, and Work performed under this Agreement.

The services of CITY’s contract administrator, if any, in conducting a review of CONTRACTOR’s performance under this Agreement is not intended to include a review of the adequacy of CONTRACTOR’s work methods, equipment or safety measures. If CITY and/or its contract administrator observes a safety violation related to the CONTRACTOR’s performance under this Agreement, then CITY and/or its contract administrator will report the violation to the CONTRACTOR who is then responsible for assuring the violation is abated.

CONTRACTOR is hereby informed that work on this Project could be hazardous.

CONTRACTOR shall carefully instruct all personnel performing under this Agreement 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.

All Equipment, Work and materials provided under this Agreement shall be in strict accordance with all applicable Laws and Standards and Codes, and attention is drawn to the requirements of CAL/OSHA.

CONTRACTOR shall perform under this Agreement so as not to expose personnel to, or to discharge into the atmosphere from any materials brought to the Site by CONTRACTOR, 36 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of applicable Laws and Standards and Codes.

10.2.1 Reasonable Precautions. CONTRACTOR shall take all precautions and implement all safety measures and requirements imposed by any Applicable Law. Without limiting the generality of the foregoing, CONTRACTOR shall take necessary precautions for the safety of, and shall provide necessary protection to prevent damage, injury or loss to:

10.2.1.1 Employees on the Work and other persons who may be affected thereby;

10.2.1.2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the Site under care, custody or control of CONTRACTOR; and

10.2.1.3 Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of the Construction Work.

10.2.2 Safeguards. CONTRACTOR shall erect and maintain, as required by existing conditions and performance of the Work, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying CITY and users of adjacent sites and utilities, and shall comply fully with the requirements of CAL/OSHA.

10.2.3 Use of Explosives. Use of explosives is prohibited, unless approved in advance in writing by CITY. CITY may impose reasonable conditions on the use of explosives.

10.2.4 Remedy of Damage. CONTRACTOR shall promptly remedy damage and loss to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by CONTRACTOR, or anyone employed by or in control of CONTRACTOR, or any Subcontractor. All costs incurred by CONTRACTOR in connection with its obligations under this Section shall be cost of the Work, but shall not increase the GMP.

10.2.5 Designation of Safety Coordinator. [reserved]

10.2.6 Loads. CONTRACTOR shall not load or permit any part of the Construction Work or the Site to be loaded so as to endanger its safety.

10.3 Security. CONTRACTOR shall take any and all precautions that may be reasonably necessary to render all portions of the Work, the Site and any adjacent areas affected by the Work secure in all material respects, to decrease the likelihood of accidents, and to avoid vandalism and other contingencies which are liable to delay the Work or give rise to claims or liabilities. CONTRACTOR shall furnish and install all necessary facilities to provide safe means of access to all points where Work is being performed. CONTRACTOR shall take all precautions and measures as may be reasonably necessary to secure the Project at all hours, 37 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

including evenings, holidays and non-work hours. Such precautions may include provision of security guards.

10.4 Damage to Property at the Site. CONTRACTOR shall be responsible for any and all damage or loss to property at the Site, except to the extent caused by the acts or omissions of CITY or its representatives, agents or employees. If such damage or loss is caused by CONTRACTOR, payment of such costs as Cost of the Work shall be limited by the provisions of Section 2.20.5 hereof.

10.5 Damage to Property of Others. CONTRACTOR shall avoid damage, as a result of CONTRACTOR's operations, to existing sidewalks, curbs, streets, alleys, pavements, utilities, adjacent property, the work of Separate Contractors and the property of CITY. CONTRACTOR shall repair any such damage caused by the operations of CONTRACTOR.

10.6 Failure of CONTRACTOR to Repair Damage. If CONTRACTOR fails to commence the repair of damage to property as set forth in this Article, and/or diligently pursue such repair, then CITY, after ten (10) Days prior written notice to CONTRACTOR (provided CONTRACTOR has not commenced such repair during such ten (10) Day period), may elect to repair such damages with its own forces and to deduct from payments due or to become due to CONTRACTOR amounts paid or incurred by CITY is correcting such damage.

10.7 Emergencies. In an emergency affecting the safety of persons or property, CONTRACTOR shall act, at CONTRACTOR's discretion, to prevent threatened damage, injury or loss. Additional costs or extensions of time caused by CONTRACTOR on account of an emergency not caused by the fault or neglect of CONTRACTOR shall be determined as provided in Section 6.2 hereof.

ARTICLE 11

DISPUTES

11.1 Disputes between CITY and CONTRACTOR. In the event of any dispute arising between CITY and CONTRACTOR regarding any part of the Contract or the Contract Documents, or the Parties’ obligations or performance thereunder, and subject to any claims presentation requirements set forth in the Contract Documents, either Party may institute the dispute resolution procedures set forth herein. The Parties shall continue performance of their respective obligation hereunder notwithstanding the existence of a dispute.

11.2 Dispute Resolution Procedures. CONTRACTOR must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to CITY by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the Work and will be handled in accordance with the procedures set forth in Section 9204 of the Public Contract Code.

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ARTICLE 12
EVENTS OF DEFAULT AND REMEDIES; TERMINATION

12.1 CONTRACTOR Events of Default. The following shall be considered "CONTRACTOR Events of Default":

12.1.1 If CONTRACTOR fails or neglects to carry out the Work in accordance with the provisions of the Contract Documents, and fails, after seven (7) Days notice from CITY, to commence a cure to correct such failure or neglect and thereafter diligently pursue such cure to completion;

12.1.2 If CONTRACTOR materially breaches this Agreement and fails, after seven (7) Days notice from CITY, to commence a cure to correct such breach and thereafter diligently pursue such cure to completion (such breach to include, but not be limited to, failure to make payment to Subcontractors for materials or labor in accordance with the respective agreements between CONTRACTOR and the Subcontractors or violation of Applicable Laws);

12.1.3 If a custodian, trustee or receiver is appointed for CONTRACTOR, or if CONTRACTOR becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or CONTRACTOR causes or suffers an order for relief to be entered with respect to it under applicable bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for CONTRACTOR, or bankruptcy, reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against CONTRACTOR, and in any of the foregoing cases such action is not discharged or terminated within sixty (60) Days of its institution.

12.2 Remedies of CITY upon a CONTRACTOR Event of Default.

12.2.1 Termination of Contract. Upon the occurrence of a CONTRACTOR Event of Default, CITY shall have the right to terminate this Contract upon an additional seven (7) Days written notice to CONTRACTOR, provided that CONTRACTOR has not commenced a cure within such seven (7) Day period. Without prejudice to any other rights or remedies of CITY, CITY may:

12.2.1.1 Take possession of the Site and of all materials, equipment, tools and construction equipment thereon owned by CONTRACTOR;

12.2.1.2 Accept assignment of Subcontracts; and

12.2.1.3 Finish the Work by whatever reasonable method CITY may deem expedient.

12.2.1.4 When CITY terminates the Contract as aforesaid, CONTRACTOR shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the GMP exceeds costs incurred in finishing the Work, such excess shall be paid to 39 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

CONTRACTOR, up to the amount due CONTRACTOR for work performed prior to termination. If such costs exceed the unpaid balance of the GMP, CONTRACTOR shall pay the difference to CITY.

12.2.2 Recourse to Payment and Performance Bonds. Upon the occurrence of a CONTRACTOR Event of Default and termination of this Contract by CITY, CITY may call upon the Surety to perform its/their obligations under the Payment and Performance Bonds, if applicable.

12.3 Remedies not Exclusive. Except as otherwise provided in this Agreement, no remedy hereunder is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other available legal or equitable remedy, existing now or hereafter. No delay or omission to exercise any right or power accruing shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient.

12.4 Termination or Suspension for Convenience.

12.4.1 Termination for Convenience. CITY may, without cause, terminate this Contract, or any portion of Work to be performed hereunder at any time by a notice in writing from CITY to CONTRACTOR for CITY's convenience. In such case, CITY shall pay to CONTRACTOR all funds due CONTRACTOR for work performed up to the date of termination, plus all demobilization and close-out costs, including, but not limited to, any amounts payable to Subcontractors for early termination, plus reasonable overhead and profit on Work performed. All funds due hereunder, including unpaid Retention, shall be released within thirty (30) Days of termination of the Contract for convenience, subject to any withholding required or authorized by any Applicable Law. In no event shall such amounts owed to CONTRACTOR exceed the GMP.

12.4.2 Suspension for Convenience. CITY may, without cause, order CONTRACTOR in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as CITY may determine. An adjustment shall be made for increases in the cost of performance of the Work, including Fee on the increased cost of performance, caused by the suspension, delay or interruption, in accordance with the Change Order provisions of this Contract. No adjustment shall be made to the extent (1) the performance is, was or would have been so suspended, delayed or interrupted by another cause for which CONTRACTOR is responsible or (2) that an equitable adjustment to the GMP and/or Schedule is made or denied under another provision of this Contract. Adjustments made in the cost of performance may have a mutually agreed fixed or percentage Fee.

ARTICLE 13

MISCELLANEOUS PROVISIONS

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13.1 Governing Law. This Contract shall be construed with and governed by the laws of the State of California.

13.2 Successors and Assigns. CITY and CONTRACTOR respectively bind themselves, their partners, shareholders, successors, assigns and legal representatives to the other Party hereto and to shareholders, successors, assigns and legal representatives of such other Party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither Party shall assign the Contract without the prior written consent of the other.

13.3 Notice. Any notices to Parties required by this Agreement shall be delivered or mailed, U.S. first class, postage prepaid, addressed as follows:

If to CITY: If to CONTRACTOR:

__________________________ ________________________
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________

Address for Notice may be changed by Notice to the other Party.

13.4 Prevailing Wages. For purposes of this Agreement, CONTRACTOR and its Subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONTRACTOR shall forfeit as a penalty to CITY Two Hundred Dollars ($200) for each calendar Day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-Site under the Agreement by CONTRACTOR or by any Subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, 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 CONTRACTOR or the applicable Subcontractor.

Pursuant to the provisions of California Labor Code Section 1773, the Department of Industrial Relations has identified the source, stated below, of the General Prevailing Rate of Wages applicable to the work to be done, for straight time, overtime, 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. 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 a part of this Agreement.

Pursuant to Labor Code Section 1773.2, the General Prevailing Wage Rates set forth above by the Department of Industrial Relations, which form a part of this Agreement, shall be posted by CONTRACTOR at a prominent place at the Site.
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13.5 Modifications. No Modifications or Change Orders shall be valid unless in writing and signed by CITY and CONTRACTOR.

13.6 Interpretation. Any and all headings of this Agreement are for convenience of reference only and do not modify, define or limit the provisions thereof. Words of any gender shall be deemed and construed to include correlative words of the other gender. Words importing the singular number shall include the plural number and vice versa, unless the context shall otherwise be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms of this Agreement. Where reference is made in this Agreement to another Contract Document, the reference refers to that provision as amended or supplemented by the other provisions of the Contract Documents. In the event of any conflict between or among the Contract Documents, the provisions of this Agreement shall govern.

13.7 Severability. If any provision of this Agreement is held to be inoperative or unenforceable as applied in any particular case because it conflicts with any other provision hereof or any constitution, statute, ordinance, rule of law or public policy, or for any other reason, such holding shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case, or of rendering any other provision herein contained inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof, and they shall otherwise remain in full force and effect.

13.8 Whole Agreement. This Agreement, the Exhibits hereto and the Contract Documents, specifications and Drawings shall constitute the entire agreement between the Parties, and no inducements, considerations, promises or other references shall be implied in this Agreement that are not expressly addressed herein

13.9 Accounting Records. CONTRACTOR shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be reasonably satisfactory to CITY. CITY and CITY's accountants shall be afforded access to CONTRACTOR's records, books, correspondence, instructions, drawings, receipts, Subcontracts, vouchers, memoranda and other data relating to this Agreement, and CONTRACTOR shall preserve these for a period of three (3) years after final payment, or for such longer period as may be required by law.

13.10 Intentionally left blank.

13.11 No Waiver. Neither the inspection by CITY or its agents, nor any order or certificate for payment of money, nor payment for, nor acceptance of the whole or any part of the work by CITY, nor any extensions of time, nor any position taken by CITY or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to CITY or any right 42 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach.

13.12 CONTRACTOR Shall Assume Risks. Until the Final Completion or acceptance by CITY of all Work under this Contract, the Work shall be under CONTRACTOR's responsible care and charge. CONTRACTOR shall rebuild, repair, restore and make good all injuries, damages, corrections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work, except as otherwise stipulated.

13.13 General Liability of CONTRACTOR. Except as otherwise herein expressly stipulated, CONTRACTOR shall perform all the work and furnish all the labor, materials, tools power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner within the time herein specified. The mention of any specific duty or liability of CONTRACTOR shall not be construed as a limitation or restriction of any general liability or duty of CONTRACTOR and, any reference to any specific duty or liability shall be construed to be the purpose of explanation.

13.14 Attorney’s Fees and Venue. If either Party commences any legal action against the other Party arising out of this Agreement or the performance thereof, the prevailing Party shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie.

To the extent permitted by applicable law, each Party waives any defense that it may have based on lack of in personam jurisdiction or forum nonconveniens.

13.15 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the 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 executed.

CITY OF ROSEVILLE, a ____________________________, a municipal corporation: ____________________________:

BY:______________________________ BY:____________________________

DOMINICK CASEY
City Manager its:_____________________________

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ATTEST: and

BY:______________________________ BY:____________________________

CARMEN AVALOS
City Clerk its:_____________________________

APPROVED AS TO FORM:

BY:______________________________

MICHELLE SHEIDENBERGER
City Attorney

APPROVED AS TO SUBSTANCE:

By:______________________________

[L:\agreement\form agreements\Design Build Agreement.docx; 2/3/2022] LIST OF EXHIBITS:

Exhibit A Guaranteed Maximum Price

Exhibit B Construction Allowance Items [reserved]

Exhibit C Hazardous Materials

Exhibit D In Lieu of Securities Escrow Agreement

Exhibit E Performance, Labor & Materials, and Warranty Bonds (Note: Warranty Bond may be waived at the option of CITY)

Exhibit F CONTRACTOR’s Proposal

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EXHIBIT A

GUARANTEED MAXIMUM PRICE, FEE, AND COST OF WORK

A. GUARANTEED MAXIMUM PRICE: The Guaranteed Maximum Price as of the date of execution of this Agreement is __________________________________ ($_________), U.S. Currency.

B. FEE AND CONTINGENCY: The Fee and Contingency amounts, if any, are as stated in the Proposal.

C. COST OF THE WORK:

1. "Cost of the Work." The term "Cost of the Work" shall mean costs incurred by CONTRACTOR in the performance of the Work, that do not exceed the GMP. The following are categories of cost and expense to be paid by CITY to CONTRACTOR as Cost of the Work:

2. Construction Costs.

2.1 Labor Costs.

2.1.1 Wages of construction workers directly employed by CONTRACTOR to perform the construction of the Work at the Site or, with CITY's agreement, at off-site workshops.

2.1.2 Wages or salaries of CONTRACTOR's supervisory and administrative personnel when stationed at the Site and wages, salaries and other costs of project management, pre-construction services, form design, foundation engineering, manpower planning, purchasing, estimating and data processing, whether performed at the Site or in CONTRACTOR's offices, including, but not limited to services rendered during the Design Phase of the Project.

2.1.3 Wages and salaries of CONTRACTOR's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work.

2.1.4 Costs paid or incurred by CONTRACTOR for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in subsections 2.1.1 through 2.1.3 above.

2.2 Subcontract Costs. Amounts due Subcontractors for work, excluding Change Order work, in accordance with the requirements of the Subcontracts.

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2.3 Costs of Materials and Equipment Incorporated in the Completed Construction. Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction.

2.4 Costs of other Materials and Equipment, Temporary Facilities, and Related Items.

2.4.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers, which are provided by CONTRACTOR at the Site and fully consumed in the performance of the Work; and cost, less salvage value, on such items if not fully consumed, whether sold to others or retained by CONTRACTOR. Costs for items previously used by CONTRACTOR shall mean fair market value.

2.4.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers, which are provided by CONTRACTOR at the Site, whether rented from CONTRACTOR or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof.

Rental charges for equipment owned by CONTRACTOR shall be at then prevailing rates.

2.4.3 Costs of removal of debris from the Site.

2.4.4 Costs of facsimiles, telegrams and long distance telephone calls, postage and delivery charges (whether originating at the Site or at the offices of CONTRACTOR or CONTRACTOR), telephone service at the Site and reasonable petty cash expenses of the Site office.

2.5 Premiums; Taxes; Fees; Royalties.

2.5.1 That portion directly attributable to this Agreement of premiums for insurance and the Payment and Performance Bonds.

2.5.2 Sales, use, gross receipts or similar taxes imposed by a governmental authority, which are related to the Work and for which CONTRACTOR is liable.

2.5.3 Fees and assessments for any permits, licenses and inspections required by the Contract Documents.

2.5.4 Fees of testing laboratories for tests required by the Contract Documents or government authorities.

2.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. The costs of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against CONTRACTOR or CONTRACTOR resulting from such suits or claims and payments of settlements in connection therewith. 3 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/2022]

2.5.6 Deposits lost for cause other than CONTRACTOR's negligence.

2.6 Emergencies. Costs incurred in taking action to prevent threatened damage, injury or loss in case of emergency affecting the safety of persons and property, as provided in Section 10.7 of this Agreement.

2.7 Other Costs. Other costs incurred in the performance of the Work, if and to the extent approved in writing by CITY, which approval shall not be unreasonably withheld.

3. Items not Included in Cost of the Work.

3.1 Salaries and other compensation of CONTRACTOR's personnel stationed at CONTRACTOR's principal office or offices other than the Site, except as specifically provided in subsections 2.1.2 and 2.1.3 above.

3.2 Expenses of CONTRACTOR's principal office and offices, other than the Site office.

3.3 Overhead and general expenses, except as may be included in Sections 1 and 2 above.

3.4 The capital expenses of CONTRACTOR, including interest on capital employed for the Work.

3.5 Costs that would cause the GMP to be exceeded.
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EXHIBIT B

CONSTRUCTION ALLOWANCE ITEMS

(reserved)

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EXHIBIT C

HAZARDOUS MATERIALS

1. Certain Definitions.

1.1 "Hazardous Materials means any substance:

1.1.1 the presence of which requires investigation or remediation under federal, state or local law, statute, regulation, ordinance, order, action, policy or common law;

1.1.2 which is or becomes defined as a "hazardous waste," "hazardous substance," pollutant or contaminant under any federal, state or local law, statute, regulation, rule or ordinance or amendments thereto, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC §§9601 et seq. ("CERCLA"), as amended, or the Resource, Conservation and Recovery Act, as amended, 42 USC §§6901 et seq. ("RCRA");

1.1.3 which is petroleum, including crude oil or any fraction thereof not otherwise designated as a "hazardous substance" under CERCLA, including without limitation gasoline, diesel fuel or other petroleum hydrocarbons;

1.1.4 which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority or instrumentality;

1.1.5 the presence of which on the Site causes or threatens to cause a nuisance upon the Site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Site; or

1.1.6 the presence of which on adjacent properties could constitute a trespass by CONTRACTOR or CITY.

1.2 "Underground Storage Tank" shall have the definition assigned to that term by RCRA §9001, 42 USC §6991, and also shall include:

1.2.1 any tank of 1,100 gallons or less capacity used for storing motor fuel;

1.2.2 any tank used for storing heating oil for consumption on the premises where stored;

1.2.3 any septic tank; and

1.2.4 any pipes connected to items 1.2.1-1.2.3.

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1.3 "Environmental Requirements" means all Applicable Laws, statutes, regulations, rules, ordinances, codes, licenses, permits, orders and similar items of all federal, state or local governmental agencies or other instrumentalities and all applicable judicial, administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including, without limitation:

1.3.1 all requirements, including but not limited to, those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, releases or threatened releases of Hazardous Materials into the air, surface water, ground water or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; and

1.3.2 all requirements pertaining to the protection of the health and safety of employees or the public.

1.4 "Environmental Damages" means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney's fees, which are incurred at any time as a result of the existence of Hazardous Materials upon, about or beneath the Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

1.4.1 damages for personal injury, or injury to property or to natural resources occurring upon or off the Site;

1.4.2 fees incurred for the services of attorneys, consultants, CONTRACTOR, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements; and

1.4.3 liability to any third party or governmental agency or political subdivision to indemnify such party, agency or political subdivision for costs expended in connection with the items listed in subparagraph 1.4.2.

1.5 "Environmental Conditions" means collectively, Hazardous Materials and Underground Storage Tanks existing on the Site and not brought there by CONTRACTOR or any Subcontractor.

2. Investigation of Site.

2.1 Upon written notice from CITY, CONTRACTOR shall prepare for approval and execution by CITY, one or more contracts ("Environmental Contracts") with suitably qualified consultants and/or engineers ("Environmental Engineers"), for purposes of performing an investigation and analysis of the Site prior to demolition and excavation activities, to determine the presence of any Environmental Conditions on, in or under the Site. The Environmental Contracts shall provide for a commercially reasonable scope of investigation approved by CITY, and may provide for conducting the investigation and testing in phases acceptable to CITY. The Environmental Contracts shall also provide that the Environmental Engineers shall begin their

3 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/2022] tests and inspections at the Site as soon as CITY is able to arrange access to the Site, or any portions thereof, for such purposes. The Environmental Contracts shall provide that CONTRACTOR, acting as agent of CITY, shall coordinate the activities of the Environmental Engineers.

2.2 The Environmental Contracts shall provide that the Environmental Engineers shall prepare such reports, feasibility studies and remedial plans ("Environmental Assessments") as may be reasonably necessary in order to identify and explain the quantity, scope and nature of the Environmental Conditions found to exist at the Site. The Environmental Assessments shall contain a detailed analysis of the Environmental Conditions discovered, and the actions ("Remedial Actions") required for the response, removal, cleanup or remediation of such Environmental Conditions (i) which are required by Environmental Requirements, or (ii) which are reasonably necessary to mitigate Environmental Damages.

2.3 The Environmental Contracts shall provide that the Environmental Engineers shall promptly provide CITY and CONTRACTOR with a copy of each Environmental Assessment, together with any other reports and test results generated pursuant to the Environmental Contracts. CONTRACTOR shall, promptly after receipt of the foregoing matters from the Environmental Engineers, prepare and submit to CITY a written report setting forth CONTRACTOR's understanding of whether and to what extent any recommended Remedial Actions may result in an amendment to the Schedule and the progress of the Work.

2.4 The Environmental Contracts shall provide that it shall be the responsibility of the Environmental Engineers to give any necessary notice to the appropriate regulatory agency or agencies of the presence of any Environmental Conditions; to pursue all necessary negotiations with such agencies concerning preparation and approval of a plan for clean-up to the extent required; and to obtain all necessary permits to perform any Remedial Actions.

3. Remedial Actions.

3.1 If so instructed by CITY, based upon the results of the Environmental Assessments, CONTRACTOR shall, as agent for CITY, obtain bids from remediation contractors ("Remediation Contractors) suitably qualified and approved by CITY, to perform the Remedial Actions selected by CITY and shall submit such bids to CITY, together with CONTRACTOR's recommendation of the Remediation Contractor(s) to be retained. If CITY elects to go forward with all or any portion of the Remedial Actions covered by the bids submitted, CITY will so advise CONTRACTOR in a written notice on or before the date which is sixty (60) Days after receipt of the foregoing matters from CONTRACTOR. Promptly after receipt of such notice, CONTRACTOR shall prepare for CITY's execution remediation contracts ("Remediation Contracts") with the Remediation Contractors identified in such notice.

3.2 CONTRACTOR, as agent for CITY, shall be responsible for coordinating the work and services performed by the Remediation Contractors, and coordinating such remediation work with the Work.

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3.3 If in the course of performance of the Work, CONTRACTOR encounters on the Site any Hazardous Materials not previously disclosed and remediated by the Environmental Engineers or the Remediation Contractors, CONTRACTOR shall immediately suspend the Work in the area affected and promptly thereafter report the condition to CITY.

4. Payments: Liability of CONTRACTOR.

4.1 All payments due under the Environmental Contracts and the Remediation Contracts shall be made by CITY directly to the Environmental Engineers and the Remediation Contractors. Such payments will be based on requisitions, which requisitions shall be approved by CONTRACTOR prior to submission to CITY.

4.2 All payments due under the Environmental Contracts, the Remediation Contracts and for Environmental Damages, shall not be a part of the GMP, and shall be the sole responsibility of CITY, except as expressly provided otherwise in Section 5 hereof.

4.3 It is understood and agreed that with respect to any Environmental Conditions existing on the Site, CONTRACTOR is not, and shall not be deemed to be, a generator, arranger, operator, treater, storer, transporter or disposer of, or otherwise responsible for, any such Environmental Conditions. It is understood and agreed that CONTRACTOR shall have no right to direct the means or methods of performance of any Environmental Engineer or Remediation Contractor.

4.4 CITY shall indemnify, defend and hold harmless CONTRACTOR, from and against any Environmental Damages asserted against or sustained by CONTRACTOR as a result of CONTRACTOR being deemed or determined to be a generator, arranger, operator, treater, storer, transporter or disposer of, or otherwise responsible for, any such Environmental Conditions.

5. Environmental Responsibilities of CONTRACTOR.

5.1 CITY acknowledges and agrees that CONTRACTOR shall not commence or continue any demolition or construction activities on any portion of the Site on or in which Remedial Actions are to be performed until such Remedial Actions are to the point where construction activities will not interfere with such Remedial Actions, as evidenced by appropriate certification by the applicable Environmental Engineer and/or Remediation CONTRACTOR and any required approval of any applicable government agency.

CONTRACTOR agrees to use good faith diligent efforts to adjust and reschedule its activities at the Site so as to minimize, to the extent reasonably practical, the adverse effect on the progress of the Work resulting from any Remedial Actions.

5.2 CONTRACTOR shall not bring Hazardous Materials to the Site, and shall not include Hazardous Materials in any construction materials, unless permitted by Environmental Requirements. CONTRACTOR shall comply, and shall cause all Subcontractors to comply, with all Environmental Requirements regarding the generation, handling, storage, treatment and disposal of Hazardous Materials.

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5.3 CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from and against any Environmental Damages asserted against or sustained by such parties as a result of any Environmental Conditions caused or created by CONTRACTOR or any Subcontractor, or of any violation by CONTRACTOR or the Subcontractors, of any Environmental Requirement arising out of the performance of the Work.

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EXHIBIT D

IN LIEU OF SECURITIES ESCROW AGREEMENT

(form of agreement follows this page)
(use is optional by Contractor)

ESCROW No. ___________
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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Project: ________________________________________)

THIS ESCROW AGREEMENT is made and entered into on this ____ day of _________________, 20__ by and between the:

City of Roseville, whose address is:
311 Vernon Street
Roseville, CA 95678
(hereinafter called "CITY"); and
________________________________, whose address is:
________________________________
________________________________
(hereinafter called "CONTRACTOR"); and
________________________________, whose address is:
________________________________
________________________________
(hereinafter called “ESCROW AGENT”).

For the consideration hereinafter set forth, CITY, CONTRACTOR, and ESCROW AGENT agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, CONTRACTOR has the option to deposit securities, subject to prior approval of CITY, with ESCROW AGENT, as a substitute for retention earnings required to be withheld by CITY pursuant to the contract for public works entered into between the CITY and CONTRACTOR for the Project in the amount of __________________________________________________

2 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22] __________________ dollars ($__________) dated _____________________, (hereinafter referred to as the “Contract”). Alternatively, on written request of CONTRACTOR, CITY shall make payments of the retention earnings directly to the ESCROW AGENT.

When CONTRACTOR deposits the securities as a substitute for Contract earnings, the ESCROW AGENT shall notify CITY within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between CITY and CONTRACTOR. Securities shall be held in the name of ESCROW AGENT, and shall designate CONTRACTOR as the beneficial owner, and shall be limited to those types of acceptable securities as described in Public Contract Code Section 22300.

2. CITY shall make progress payments to CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that ESCROW AGENT holds securities in the form and amount specified above.

3. When CITY makes payment of retentions earned directly to ESCROW AGENT, ESCROW AGENT shall hold them for the benefit of CONTRACTOR until the time that the escrow created under this Agreement is terminated. CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when CITY pays ESCROW AGENT directly.

4. CONTRACTOR shall be responsible for paying all fees for the expenses incurred by ESCROW AGENT in administering the Escrow Account and all expenses of CITY. These expenses and payment terms shall be determined by CITY, CONTRACTOR, and ESCROW AGENT.

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5. The interest earned on the securities or the money market accounts held in escrow and all interest earning on that interest shall be for the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to CITY.

6. CONTRACTOR shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to ESCROW AGENT accompanied by written authorization from CITY to ESCROW AGENT that CITY consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.

7. CITY shall have a right to draw upon the securities in the event of default by CONTRACTOR. Upon seven (7) days’ written notice to ESCROW AGENT from CITY of the default, ESCROW AGENT shall immediately convert the securities to cash and shall distribute the cash as instructed by CITY.

8. Only upon receipt of written notification from CITY certifying that the Contract is final and complete, and that CONTRACTOR has complied with all requirements and procedures applicable to the Contract, ESCROW AGENT shall release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9. ESCROW AGENT shall rely on the written notifications from CITY and CONTRACTOR pursuant to Sections (5) to (8), inclusive, of this Agreement and CONTRACTOR shall hold ESCROW AGENT harmless from ESCROW AGENT’s release and disbursement of the securities and interest as set forth above.

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10. The parties hereto mutually agree that this Agreement is substantially similar to the form under Public Contracts Code Section 22300.

11. The names of the persons who are authorized to give written notice or to receive written notice on behalf of CITY and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of CITY:

____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address

On behalf of CONTRACTOR:

____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address

On behalf of ESCROW AGENT:

____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address

12. At the time the Escrow Account is opened, CITY and CONTRACTOR shall deliver to ESCROW AGENT a fully executed counterpart of this Agreement.

5 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22] IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. 87-141, adopted by the Council of the City of Roseville on the 5th day of August, 1987, and CONTRACTOR and ESCROW AGENT have authorized the execution of this Agreement.

CITY OF ROSEVILLE, a CONTRACTOR:
municipal corporation: ________________________________, a _________________________________

BY:______________________________ BY:__________________________

DOMINICK CASEY
City Manager its:___________________________

and
ATTEST:

BY:__________________________

BY:______________________________ its:___________________________

CARMEN AVALOS
City Clerk
ESCROW AGENT:

BY:__________________________
APPROVED AS TO FORM:
its:___________________________

BY:______________________________ and

MICHELLE SHEIDENBERGER
City Attorney BY:__________________________

its:___________________________
APPROVED AS TO SUBSTANCE:

BY:______________________________

DENNIS KAUFFMAN
Assistant City Manager/Chief Financial Officer

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ACKNOWLEDGED BY ADMINISTERING DEPARTMENT:

BY: ______________________________

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EXHIBIT E

BOND FORMS

[L:\agreement\form agreements\Design Build Agreement.docx: 02/03/2022] Bond No. _______________
Premium $______________

PERFORMANCE BOND

This Performance Bond ("Performance Bond"), dated _______________, 20___, is in the penal sum of ___________________________________________________________________ _____________________________ Dollars ($_______________________), which is an amount not less than one hundred percent (100%) of the Total Contract Price, and is entered into by and between the undersigned __________________________________________ (“Principal” or “Contractor”) and the undersigned _________________________________ (“Surety”) to ensure the Principal’s faithful performance of the Design Build Construction Agreement for the __________________________________________ project (“Design Build Contract”). This Performance Bond consists of this page and the following Performance Bond Terms and Conditions, Paragraphs 1 through 12. Any singular reference to the Principal, the Surety, the City of Roseville, California ("City") or other party shall be considered plural where applicable.

BOND TERMS AND CONDITIONS

1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City for the complete and proper performance of the Design Build Contract, which is incorporated herein by reference.

2. If the Principal completely and properly performs all of its obligations under the Design Build Contract, the Surety and the Principal shall have no further obligation under this Performance Bond, except to participate in conferences as provided in Paragraph 3.1 below.

3. If there is no City Default, the Surety's obligation under this Performance Bond shall arise after:

3.1 The City has notified the Contractor and the Surety at their respective addresses described in Paragraph 10 below, that the City is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Design Build Contract. If the City, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Design Build Agreement, but such a mutual agreement shall not waive the City’s right, if any, subsequently to declare a Contractor Default; and

3.2 The City has declared a Contractor Default and formally terminated the Contractor’s right to complete the Design Build Contract. Such Contractor Default shall not be declared earlier than twenty (20) days after the Contractor and the Surety have received notice as provided in Paragraph 3.1 above.

3.3 The City has agreed to pay the Balance of the Total Contract Price to:

3.3.1 The Surety in accordance with the terms of this Performance Bond and the Design Build Contract; or

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3.3.2 To a contractor selected to perform the Design Build Contract in accordance with the terms of this Performance Bond and the Design Build Contract.

4. When the City has satisfied the conditions of Paragraph 3 above, the Surety shall promptly (within thirty (30) days) and at the Surety's expense elect to take one of the following actions:

4.1 Arrange for the Contractor, with the City’s consent, such consent to be in the City’s sole discretion, to perform and complete the Design Build Contract. If the City withholds its consent, the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4, below; or

4.2 Undertake to perform and complete the Design Build Contract itself, through its agents or through independent contractors; or

4.3 Obtain proposals from qualified contractors acceptable to the City for a contract for performance and completion of the Design Build Contract, and, upon determination by the City of the best value for the City, arrange for a contract to be prepared for execution by the City and the contractor selected, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Design Build Contract; and, if the Surety's obligations defined in Paragraph 6 below exceed the Balance of the Total Contract Price, then the Surety shall pay to the City the amount of such excess; or

4.4 Waive its right to perform and complete the Design Build Contract, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with the City, determine in good faith the amount for which it may then be liable to the City under Paragraph 6, below, for the performance and completion of the Design Build Contract and, as soon as practicable after the amount is determined, tender payment therefor to the City with full explanation of the payment's calculation. If the City accepts the Surety's tender under this Paragraph

4.4, the City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Seller Default. If the City disputes the amount of Surety's tender under this Paragraph 4.4, the City may exercise all remedies available to it at law to enforce the Surety's liability under Paragraph 6, below.

5. If the Surety does not proceed as provided in Paragraph 4, above, then the Surety shall be deemed to be in default on this Performance Bond ten (10) calendar days after receipt of an additional written notice from City to the Surety demanding that the Surety perform its obligations under this Performance Bond. At all times the City shall be entitled to enforce any remedy available to the City at law or under the Design Build Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors at Surety’s sole expense.

6. The Surety's monetary obligation under this Performance Bond is limited by the amount of this Performance Bond. Subject to these limits, the Surety's obligations under this Bond are commensurate with the obligations of the Seller under the Design Build Contract. The Surety's obligations shall include, but are not limited to:

6.1 The responsibilities of the Seller under the Design Build Contract for completion of the Design Build Contract and correction of defective work;

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6.2 The responsibilities of the Seller under the Design Build Contract to pay liquidated damages, and damages for which no liquidated damages are specified in the Design Build Contract, including but not limited to, all valid and proper back charges, offsets, payments, indemnities, defense costs or other damages; and

6.3 Additional legal, design professional and delay costs resulting from the Seller Default or resulting from the actions or failure to act of the Surety under Paragraph 4, above.

7. The Surety shall not be liable to the City or others for the obligations of the Contractor that are unrelated to the Design Build Contract, and the Balance of the Total Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Performance Bond to any person or entity other than the City or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, alteration or addition to the Design Build Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Design Build Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, Modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Performance Bond or in any way affect the obligations of Surety on this Performance Bond.

9. Any proceeding, legal or equitable, under this Performance Bond shall be instituted in any court of competent jurisdiction in Placer County, California within two (2) years after the Contractor Default or within two (2) years after the Contractor ceased working or within two (2) years after the Surety refuses or fails to perform its obligations under this Performance Bond, whichever occurs first. If the provisions of this Paragraph 9 are void or prohibited by law, the minimum period of limitation available to sureties as a defense in Placer County shall be applicable.

10. Notice to the Surety, the City or the Principal shall be mailed or delivered to the address shown on the signature page.

11. Any provision in this Performance Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Performance Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.1 Balance of the Total Contract Price: The total amount payable by the City to the Contractor pursuant to the terms of the Design Build Contract after all proper adjustments have been made under the Design Build Contract, including, for example, deductions for progress payments made, deductions for liquidated damages owed, and increases/decreases for approved modifications to the Design Build Contract.

12.2 Design Build Contract: The documents between the City and the Principal identified as the Contract Documents in that certain first above-mentioned Design Build Construction Agreement, including all changes, Addenda and modifications thereto.

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12.3 Contractor Default: Material failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Design Build Contract.

12.4 City Default: Material failure of the City, which has neither been remedied nor waived, to pay the Contractor progress payments due under the Design Build Contract or to perform other material terms of the Design Build Contract, provided such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Design Build Contract.

IN WITNESS WHEREOF, the undersigned obligated parties have executed this instrument.

(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:

(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _________________________________

Surety shall submit the following documents along with this Performance Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

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Approved: __________________________________________, City Attorney

END OF DOCUMENT

[L:\agreement\form agreements\Design Build Agreement.docx: 02/03/2022] Bond No. _______________
Premium $______________

LABOR AND MATERIAL BOND

This Labor and Material Bond ("Labor and Material Bond") dated _______________, 20___, is in the penal sum of ____________________________________________________________ _____________________________Dollars ($_______________________), which is an amount not less than one hundred percent (100%) of the Total Contract Price, and is entered into by and between the undersigned ___________________________________________ (“Principal” or “Contractor”) and the undersigned __________________________________ (“Surety”) to ensure the Principal’s payment of claimants pursuant to the Design Build Construction Agreement for the _____________________________________ project (“Design Build Contract”). This Labor and Material Bond consists of this page and the following Labor and Material Bond Terms and Conditions, Paragraphs 1 through 15. Any singular reference to the Principal, the Surety, the City of Roseville, California (“City”) or other party shall be considered plural where applicable.

BOND TERMS AND CONDITIONS

1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City and to Claimants, to pay for labor, materials, Equipment furnished and Services provided in the performance of the Design Build Contract, which is incorporated herein by reference.

2. With respect to the City, this obligation shall become null and void if and when the Principal:

2.1 Promptly and fully makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Fully defends, indemnifies and holds harmless the City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Design Build Contact, provided the City has promptly notified the Principal and the Surety (at the address described in Paragraph 10 below) of any claims, demands, liens or suits and has tendered defense of such claims, demands, liens or suits to the Principal and the Surety, and provided there is no City Default.

Otherwise, this Labor and Material Bond shall be, and remain, in full force and effect.

3. With respect to Claimants, this obligation shall become null and void if and when the Principal promptly and fully makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants; otherwise, this Labor and Material Bond shall be, and remain, in full force and effect.

4. The Surety shall have no obligation to Claimants under this Labor and Material Bond until:

4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the City, stating that a claim is being made under this Labor and Material Bond and, with substantial accuracy, the amount of the claim.

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4.2 Claimants who do not have a direct contract with the Contractor:

4.2.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the City, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

4.2.2 Have either received a rejection in whole or in part from the Contractor, or have not received within thirty (30) days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and

4.3.3 Not having been paid within the above thirty (30) days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the City, stating that a claim is being made under this Labor and Material Bond and enclosing a copy of the previous written notice furnished to the Contractor.

5. If a notice required by Paragraph 4 above is given by the City to the Contractor or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety’s expense take the following actions:

6.1 Send an answer to the Claimant, with a copy to the City, within forty-five (45) days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputed amounts.

7. The Surety's total obligation shall not exceed the amount of this Labor and Material Bond, and the amount of this Labor and Material Bond shall be credited for any payments made in good faith by the Surety under this Labor and Material Bond.

8. Amounts due the Contractor under the Design Build Contract shall be applied to satisfy claims, if any, under this Labor and Material Bond.

9. The Surety shall not be liable to the City, Claimants or others for obligations of the Contractor that are unrelated to the Design Build Contract. The City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Labor and Material Bond, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Labor and Material Bond.

10. The Surety hereby waives notice of any change, alteration or addition to the Design Build Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Design Build Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder,

3 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22] shall release or exonerate Surety on this Labor and Material Bond or in any way affect the obligations of Surety on this Labor and Material Bond.

11. Any proceeding, legal or equitable, under this Labor and Material Bond shall be instituted in any court of competent jurisdiction in Placer County, California within one (1) year from the date on which (i) the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.3.3, or (ii) the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Design Build Contract, whichever of (i) or (ii) first occurs. If the provisions of this Paragraph 11 are void or prohibited by law, the minimum period of limitation available to sureties as a defense in Placer County shall be applicable.

12. Notice to the Surety, the City or the Principal shall be mailed or delivered to the address shown on the signature page below. Actual receipt of notice by the Surety, the City or the Principal, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page below.

13. Any provision in this Labor and Material Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.

The intent is that this Labor and Material Bond shall be construed as a statutory bond and not as a common law bond.

14. Upon request by any person or entity appearing to be a potential beneficiary of this Labor and Material Bond, the Principal shall promptly furnish a copy of this Labor and Material Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1 CLAIMANT: An individual or entity having a direct contract with the Contractor or with a subcontractor (of any tier) of the Contractor to furnish labor, materials or equipment for use in the performance of the Design Build Contract. The intent of this Labor and Material Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light , heat, oil, gasoline, telephone service or rental equipment used in the Design Build Contract, architectural and engineering services used or reasonably required for performance of the work of the Contractor and the Contractor’s subcontractors, and all ot her items for which a mechanic’s lien or stop payment notice might be asserted.

15.2 DESIGN BUILD CONTRACT: The documents between the City and the Contractor identified as the Contract Documents in that certain first above-mentioned Design Build Contract, including all changes, Addenda and modifications thereto.

15.3 CITY DEFAULT: Material failure of the City, which has neither been remedied nor waived, to pay the Contractor as required by the Design Build Contract, provided such failure is the cause of the failure of Principal to pay the Claimants and is sufficient to justify Contractor termination of the Design Build Contract.

IN WITNESS WHEREOF, the undersigned obligated parties have executed this security instrument.

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(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:

(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _____________________________________

Surety shall submit the following documents along with this Labor and Material Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved: __________________________________________, City Attorney

END OF DOCUMENT

[L:\agreement\form agreements\Design Build Agreement.docx: 02/03/2022] Bond No. _______________
Premium $______________

WARRANTY BOND

This Warranty Bond ("Warranty Bond"), dated _______________, 20___, is in the penal sum of _______________________________________________ for under the Design-Build Construction Agreement for the _______________________________ project, and is entered into by and between the undersigned ______________________________ (“Principal” or “Contractor”) and the undersigned ______________________________________ (“Surety”) to guaranty that all Equipment and Services provided by Seller under the above-mentioned Design Build Contract will fulfill the requirements of Principal’s warranties and guarantees included in the Contract Documents. This Warranty Bond consists of this page and the following Warranty Bond Terms and Conditions, Paragraphs 1 through 7. Any singular reference to the Principal, the Surety, the City of Roseville, California ("City") or other party shall be considered plural where applicable.

BOND TERMS AND CONDITIONS

1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City for a period of one (1) year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the work including, without limitation, all equipment and work provided by Contractor and its subcontractors and subvendors of all tiers in connection with the Design Assist Contract.

2. Neither final payment nor use or occupancy of the Equipment or Services performed by the Contractor shall constitute an acceptance of such Equipment or Services not done in accordance with this Warranty Bond or relieve Contractor of liability in respect to any express guarantees, warranties or responsibilities for faulty materials or workmanship, ordinary wear and tear excepted. If within one (1) year after the date of Final Acceptance, or such longer period of time as may be prescribed the terms of the Contract Documents, any Equipment or Services is found to be defective, Contractor and Surety shall promptly, without cost to City and in accordance with City’s written instructions, correct such defective Equipment or Services.

Contractor and Surety shall remove any defective Equipment rejected by City and replace it with Equipment that is not defective. If Contractor or Surety fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Equipment or Services corrected or removed and replaced. Contractor and Surety shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor and Surety fail to correct defective Equipment or Services, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law.

3. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City.

4. The Surety hereby waives notice of any change, alteration or addition to the Design Assist Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Design Assist Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, Modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Warranty Bond or in any way affect the obligations of Surety on this Warranty Bond.

2 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

5. If the Surety does not proceed as provided in Paragraph 2 above, then the Surety shall be de emed to be in default on this Warranty Bond ten (10) calendar days after receipt of an additional written notice from City to the Surety demanding that the Surety perform its obligations under this Warranty Bond. At all times the City shall be entitled to enforce any remedy available to the City at law or under the Design Assist Contract including, without limitation, and by way of example only, rights to perform work as Surety’s expense, protect work, mitigate damages, or coordinate work with other consultants or contractors.

6. All abbreviations and definitions of terms used in this Warranty Bond shall have the meanings set forth in the Contract Documents, including, without means of limitation, the Design Assist Contract.

7. The foregoing Warranty Bond is in addition to any other guarantees and warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Warranty Bond and any guaranty, warranty or obligation of the Seller under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor and Surety.

IN WITNESS WHEREOF, the undersigned obligated parties have executed this instrument.

(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:

(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _________________________________

3 [L:\agreement\form agreements\Design Build Agreement.docx; 2/3/22]

Surety shall submit the following documents along with this Warranty Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved: __________________________________________, City Attorney

END OF DOCUMENT

[L:\agreement\form agreements\Design Build Agreement.docx: 02/03/2022]

EXHIBIT F

CONTRACTOR’S PROPOSAL
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 54 -
Attachment E – Contractor and Subcontractor List

CONTRACTOR LICENSES AND SUB LISTS
List the licenses held by your company and/or employees. The following representations are made under penalty of perjury:

CA State Lic No. Name on License Class/Type Expiration Date _________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
Do you have a City of Roseville Business License? Yes____ No____ License #____________** Will obtain upon Award.

TBD
758610 Syblon Reid A & B 2/28/2025
410103 San Joaquin Electric C-10 08/31/2023
1025671 Frisch Engineering, Inc. C-10 04/30/2025

ATTACHMENT E

SUBCONTRACTOR LIST
If subcontractors will not be used, proposer must write "NONE". For construction contracts, in accordance with the Public Contract Code, Part 1, Chapter 4, Subletting and Subcontracting, Contractors must list the name and business address of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or who will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the prime contractor’s total bid, or in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor’s total bid or ten thousand dollars ($10,000) whichever is greater.

Company Name
Principal
Address
City
Phone
Job capacity
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________ Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________ San Joaquin Electric
Doug Talbert
4501 Harlin Drive
Sacramaneto
(916) 368-9166
15%
C10 #40103
#1000002857 06/30/2024
Frisch Engineering, Inc.

Thomas P. Frisch
13405 Folsom Blvd., Unit 600
Folsom
(916) 353-1025
7%
C-10 1025671
1000020435 06/30/2023
Supply and installation of VFD and Electrical
System Integration and supply of flow meters
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 55 -
Appendices
Appendix A – Résumés

1 | srco.com
Scott Goodall, P.E.

Senior Manager, Water/Wastewater
“I work with a team oriented approach to make each effort successful. From building projects, to supporting individuals bui lding their carreers, I enjoy contributing my knowledge and experience to achieve goals and objectives.”
Mr. Goodall has been in the heavy civil mechanical construction industry for over 30 years. His experience includes:
 Leading mechanical and heavy civil project delivery for private and municipal clients.  Budgeting and alternatives analysis using the Early Contractor Involvement/Construction Manager at Risk (ECI/CMAR) delivery method.
 Overseen over $200 million in estimating annually.
 Providing solutions to difficult projects and working with teams to provi de beneficial results.

KEY PROJECT EXPERIENCE

WATER TREATMENT PLANTS
Linkan Engineering/Homestake Mining Company of California | Mclaughlin Mine Water Treatment Plant | Near Lower Lake, California Senior Manager. Syblon Reid partnered with Linkan Engineering to provide Engineering, Procurement, Construction Management (EPCM) delivery services that encompassed engineering support, procurement, assembly, construction, commissioning, and operation.

The construction scope comprised installing a turnke y temporary mobile water treatment plant, including earthwork; concrete work; piping; electrical work; plant assembly; and startup, commissioning, and testing of the facility.

Sacramento Suburban Water District | Well N6A – Palm Pump Station and Treatment Plant | Sacramento, California
Senior Manager. The project consisted of installing a pump station and manganese water treatment plant at Well N6A. A previous well on the site was abandoned and destroyed by the District. The scope of work included constr ucting concrete foundations, slabs, ring wall foundations, filter pedestals and raised concrete platforms; procuring and installing a 1,500 gallon per minute manganese filter system, a 200 horsepower submersible well pump assembly, a 45,000- gallon, factory -coated, bolted steel storage tank for backwash and reclaimed water storage, and reclaim pump and sewer drain pump systems in connection with the backwash tank; installing a concrete masonry unit (CMU) sound wall, new fusion epoxy lined and coated steel station piping and related appurtenances, new sodium hypochlorite chemical treatment systems, overflow piping, and a chlorine analyzer system and eyewash/shower system; procuring, installing, programming, and testing outdoor electrical control panels; conducting performance testing and providing training for all components; and submitting operation and maintenance manuals and full-size as-built drawings.

California Department of Corrections and Rehabilitation | CCC/HDSP Arsenic Groundwater Treatment Facility | Susanville, California
Project Manager. The project consisted of providing an arsenic removal system for the existing water supply to the High Desert and CCC Correctional Facility. The components of this project included approximately 15,000 linear fee t of collection and distribution pipeline, connection of seven (7) existing wells into the collection system and providing a state-of-the-art arsenic filter system. The arsenic filtration system included carbon dioxide, sodium hydroxide, and sodium hypochlorite chemical feed systems, incorporation of five (5) existing storage tanks and booster pump station as well as major electrical upgrades and integrations of the existing SCADA system. All work done within the constraints of the California Department of Corrections. The project value was just over $8,700,000.

Areas of Construction Expertise
 New water and wastewater
treatment plant construction
 Water treatment facility
expansions and upgrades
 Pump stations
 Sewage lift stations
 Effluent disinfection facilities
 Mechanical field fabrications and
installations
Education
Bachelor of Science, Construction
Management, California State
University, Sacramento – Sacramento,
California, 1992
Professional Registration
Licensed Civil Engineer, State of
California
Year Started with Syblon Reid
2006

Scott Goodall | Senior Manager, Water/Wastewater
2 | srco.com
El Dorado Irrigation District | El Dorado Hills Water Treatment Plant – 26 MGD Expansion | El Dorado Hills, California
Senior Project Manager. Installation of a new dissolved air floatation tank, tertiary filters, chemical feed system, and a new reclaimed pump station for the distribution system to serve the El Dorado Hills community. Syblon Reid performed the earthwork, cast-in-place concrete, equipment installation, mechanical work, and related appurtenances.

City of Georgetown | Water Treatment Plant Emergency Upgrade | Georgetown, California Senior Project Manager. Installation of a new Loprest filter system, with related valves and pumps. The $200,000 upgrade was performed as an emergency contract and was completed within 30 days.

Hawthorne Water Treatment Plant
Senior Project Manager. Mr. Goodall coordinated the design consultants, field staff, and purchasing for this $2.5M design/build water treatment system project to meet schedule and provide solutions to the challenging water quality requirements for the base residents.

WASTEWATER TREATMENT PLANTS
City of Placerville | Placerville Madrone and Giovanni Sewer Lift Station | Placerville, California Senior Manager.

City of Folsom | Easton Valley Parkway Sewer Lift Station | Folsom, California Senior Manager.

City of Orange Cove | Facility Improvements | Orange Cove, California Senior Project Manager. Construction of a new treatment facility in Fresno County. The project included concrete structures including sludge drying beds, head works, clarifiers and blower building. Site work that provided 55 acres of irrigation fields for land disposal, three aeration basins, an aerobic digester, and 6,000 linear feet (lf) of underground piping ranging in size from 4” to 42” diameter. The mechanical requirements of the project included blower installation, aeration system, and clarifier mechanisms. The project value was just under $6.0M.

Selma-Kingsburg-Fowler County Sanitation District | Dewatering Centrifuge Project | Fresno County, California
Senior Project Manager. This $1.0M project included the installation of an owner -furnished centrifuge and related piping in a new premanufactured metal building.

City of Colfax | Effluent Disinfection Facility | Colfax, California Project Manager. The project included the construction of a concrete chlorine contact basin and chemical feed equipment buildings along with the related electrical and instrumentation improvements for the city. The cost of the project was $390K.

MECHANICAL
Northrop Grumman | 108” Turbine Exhaust Test Stand | Sunnyvale, California Senior Project Manager. The project included the field fabrication of the 108 -inch segmented “S” bend to allow the testing of the steam engine that Northrop Grumman was providing to the U.S. Navy. The project cost approximately $460K to fabricate and install in the south bay facility. As a result of the performance of this project, Mr. Goodall’s employer was awarded one of the two national Northrop Grumman outstanding achievement awards in 2004.

U.S. Army Corps of Engineers | Pine Flat Dam Turbine Bypass | Fresno, California Senior Project Manager. This $4.2M penstock bypass required the special fabrication and acquisition of pipe and valves from international sources. The work was performed during two 4-month shut down periods to alleviate downtime for power generation.

The work included drilling and chipping 20-foot diameter holes through the 25-foot thick splash wall and placing foundations 20 feet thick.

CERTIFICATIONS/TRAINING
 40 Hr Hazwoper certification
 E-rail certification
 ISN PG&E Certification
 PG&E Corp. Contr. Safety Orientation
 CPR, AED, and First Aid for Adults
 Defensive Driving
1 | srco.com
Ryan Fox
Project Manager
Mr. Fox has nineteen years of experience in civil construction, including tunnel liner repairs; repairs, recoating, and seal replacement for radial gates and drum gates; underground utilities; aboveground steel storage tank construction for water, wastewater, and petroleum; production and installation of precast concrete flume sections; mechanical pipeline modifications and installation; site grading; and paving. In addition, Mr. Fox has extensive experience in performing complex work in full compliance with high level safety, environmental, and quality protocols.

Responsibilities include: Scheduling and coordinating subcontractors, creating, submitting and tracking submittals, RFI’s, correspondence, CCO’s, procuring materials, coordinating field crews and equipment, and managing overall contract compliance.

KEY PROJECT EXPERIENCE
Granite Construction Company/Caltrans | I-5 Corridor Improvement Project | Sacramento, California
Project Manager. SRC was a subcontractor to NorCal Paving, a joint venture between Granite and Teichert construction. Our scope of work was the retrofitting of 5 storm water pump stations along the section of I-5 that was getting improved. We replaced the existing vertical turbine pumps with submersible Flygt pumps ranging from 6” to 16”, installed associated new piping, replaced all electrical components, added HMI and SCADA controls and removed all sediment from wet wells, detention basins and drain inlets.

Pacific Gas and Electric Company | Poe Dam Radial Gates 1, 2, 3, and 4 Arm and Trunnion Replacement | Poe Diversion Dam – Pulga, California Project Manager. The scope of work involved extensive dredging in the wet in preparation for the upgrades to the radial gates, modifying all five pier noses to accommodate supporting a needle beam c offerdam across each bay, installing the needle beam cofferdam across the upstream side of the bays and a wooden A-frame cofferdam with an impermeable layer across the downstream side, dewatering of and leakage control within the bays, erecting scaffolding within the bays, dismantling and removing the old radial gate arms and trunnions, and installing and coating the new gate arms and trunnions. Dredging operations were conducted utilizing a specialized hydro crane with clamshell bucket and grapple. The scope also included installing a turbidity curtain to ensure water quality standards were maintained in compliance with resource agency permits and FERC.

Union Pacific Railroad | Industrial Wastewater Treatment Facility | Pocatello, Idaho
Project Manager. The project scope entailed constructing a new treatment plant to process industrial wastewater for Union Pacific Railroad in Pocatello, Idaho. The project included installing 2,500 lineal feet of 12-inch, 8-inch, and 6-inch diameter ductile iron pipe (DIP) with 15 new manholes to collect the incoming industrial waste, a rotating screen trash rack, a rope oil skimmer, a 20-foot deep pump station with three process pumps and two stormwater pumps, four 25,000 gallon stormwater surge storage tanks, one 8,000 gallon sludge storage tank, and one 8,000 gallon used oil storage tanks; the erection of a 40-foot by 150-foot metal building to house the dissolved air flotation (DAF) equipment and operator’s office; demolition of the existing treatment plant; and abandonment of two miles of existing industrial waste lines and 34 manholes.

CLIENT REFERENCES
Below is a list of owner references and contact information for Ryan Fox.

Name Company Title Address Phone Email
Jeff Jukkola Pacific Gas and
Electric Company
Project Engineer 529 Pearson Road
Paradise, CA 95969
(530) 624-8640 [email protected]

Areas of Construction Expertise
 Dam facility rehabilitation and
modifications
 Radial gate and drum gate
rehabilitation
 Flume replacement
 Tunnel rehabilitation and liner
repairs
 Pump stations
 Water and wastewater treatment
facilities
 Pipelines
 Fuel transfer facilities
 Storm water surge tanks
 Environmental enhancements
 Road improvements
 Emergency response
Education
Bachelor of Science, Construction
Management
California State University, Chico –
Chico, California
Year Career Started
2003
Year Started with Syblon Reid
2007

Ryan Fox | Project Manager
2 | srco.com
Name Company Title Address Phone Email
Gerrit Post, PE Psomas Construction Manager 1660 Olympic Boulevard Suite 300
Walnut Creek, CA 94596
(925) 766-2099 [email protected]

CERTIFICATIONS/TRAINING
 FMI Project Management Academy
 Construction Quality Management for Contractors; U.S. Corps of Engineers  OSHA 30-Hour – Construction Safety and Health
 OSHA 10-Hour
 Confined Space Awareness Training and Testing
 Fall Protection Competent Person
 Trench and Excavation Competent Person
 Scaffold Competent Person
 Stormwater Pollution Prevention Plan (SWPPP) Training  NFPA 70E – Electrical Safety in the Workplace
 PG&E Corporate Contractor Safety Orientation (SAFE-0101)  Boater California Course – Waterway Safety Training
 Reachlift Certification
 Straight Mast Forklift Certification
 Standard First Aid, CPR, AED & BBP
 4-Hour Illegal Drug & Alcohol Awareness Training for Supervisors  Defensive Driving Course 4-Hour (DDC4)

Mike Fisher, PE
1 Mr. Fisher has

Over 27 years of experience in managing all phases of planning, design, and construction management for new and existing wet utility infrastructure. He has extensive experience in hydraulic analysis and condition/capacity assessments in preparation of rehabilitation and replacement recommendations for wet utility infrastructure. He is experienced in trenchless construction methods and is certified in pipe - bursting and cured-in -place pipe (CIPP) best design and construction practice s by the North American Society for Trenchless Technologies (NASTT). Mr. Fisher specializes in management of complex projects requiring coordination of multi-discipline design teams. His “hands -on” approach to design, attention to details, and exceptional communication skills are what make his projects successful. Mike led the development of Water Works “risk” based infrastructure failure analysis protocol and has utilized that protocol in the preparation of prioritized, time-phased, capital improvement plans for numerous existing water and sewer systems.

Representative Project Experience
City of Roseville PGWWTP Influent Pump Station Hydraulic Tech Memo (On- Call Services)—Roseville, CA (Planning/Design) The project consisted of analyzing historical operation of the Influent Pump Station at the Pleasant Grove Wastewater Treatment Plant to make recommendations to improve performance of the station and provide longevity to ensure future capacity. Mr. Fisher led infrastructure improvement and operational recommendations to facilitate the desired pump replacements and the ancillary infrastructure. Mr. Fisher was responsible in charge for all project work.

Sharon Heights GC Water Reclamation Facility Design-Build - Menlo Park, CA (Design-Build) The project involved the design -build construction of a MBR plant at the Sharon Heights Golf Club that produces Title 22 recycled water for use on the landscaping. Influent for the plant is pumped from a new pump station and forcemain to the plant. Mr. Fisher was Pump Station and Pipeline Project Manager that designed the civil and yard piping for the project. He also assisted with permitting the WRF and pipeline including complying with the ISMND, writing the Tit le 22 WRF engineering report, and assisting with the SWPPP, Caltrans encroachment permit, County encroachment permit, and City encroachment permit.

City of Roseville West Side Tank and Pump Station Design & CM – Roseville, CA (Design Assist) As Project Manager, Mr. Fisher is responsible for design, plans and specifications, bidding assistance, and construction management services for two pre-stressed concrete tanks, booster pump station, and new crew facility. The water tanks and pump station wer e delivered using the City’s design assist project delivery method and the crew build as design- build.

City of Folsom WTP Solids Dewatering Facility – Folsom, CA. (Design-Build) Mr. Fisher was the QAQC Manager for Water Works Engineers, in partnership with Auburn Constructors, design-build services for the Dewatering Facility Project at the 30 -mgd City of Folsom Water Treatment Plant. Mr. Fisher oversaw the design improvements that included the following: Rehabilitation of the existing flocculat ion/sedimentation basins to serve as filter backwash/actiflo blowdown treatment systems, conveyance of collected solids to a new solids dewatering facility. Installation of a new solids dewatering facility, homogenization tanks with chopper pump-mixing, FKC screwpress dewatering system and roll-off container storage for 20-25% cake prior to landfill.

Education
B.S. – Civil/Environmental
Engineering,
CA State Polytechnic University,
San Luis Obispo (1996)
Years of
Experience
14 years with
the firm/ 27
years total
Registration
Registered Civil
Engineer:

Arizona - 30012
California - C61534
Utah – 8169064-2202
Memberships
WEF
AZWA
Mike Fisher, PE
Senior Engineer / Project Manager / Principal
Commented [SH1]: Update fields using “toggle field
codes”
Mike Fisher, PE
2 City of Torrance North Well Field Project Phase III Design Build Project – Torrance, CA (Design) Mr. Fisher assisted with permitting on this project in which the City is implementing the North Torrance Well Field (NTWF) project to expand its pumping and treatment capacity to obtain the City’s full groundwater allotment and provide sufficient reserve capacity to participate in conjunctive use and enable additional groundwater extractions during a drought or emergency.

City of Morro Bay WRF Lift Station and Offsite Pipelines – Morro Bay, CA (Planning/ Design/ SDC) Mr.

Fisher Is providing project management on the design services for the Morro Bay Water Reclamation Facility Influent Lift Station and associated offsite pipelines. The project included design of an 8MGD (peak wet weather flow) triplex submersible pump s tation with provisions to turndown all the way to 0.3 - 1 MGD during typical daily flow conditions. The unique system layout required the WRF be moved out of California Coastal Commission regulated beachfront property resulting in TDH conditions ranging between 150’ and 300’. Site improvements included self -cleaning wet well with deep foundation; MCC, SCADA and controls building with deep foundation; emergency generator; odor control; by-pass pumping connections; pig launching facilities; and approximately 17,0000-LF of dual 14” and 20” HDPE forcemains and a 16” FPVC effluent/brine discharge line. The offsite pie alignment required one elevated creek crossing, an 800 -ft long HDD of a critical highly impacted roundabout intersection, and a 500 -LF auger bore and jack crossing of Highway 1. Unique features of the project included analysis of multiple lift station design options, including vertical turbine solids handling pumps versus a grinder with submersible N-series Flygt pumps versus dry/wet pit submersible pumps. We also compared absorbent, air scrubber, and bio-filters to identify the odor control device that best met the long term needs of the site.

Mr. Fisher was Project Manager on the design of rehabilitation for concrete deteriorated by Microbiologically Induced Corrosion on the influent channel walls, aerated grit chamber and grit chamber effluent channel. Project includes 12 MGD by-pass pumping system; removal of existing liner and surface preparation; concrete rehabilitation with hydraulic fast-setting cement motor; and construction oversight and testing of Aero -Lock Liner installation. City of Rosev ille Dry Creek WWTP Digester 1&2 Structural Assessment and Rehabilitation Design Project - Roseville, CA (Inspection) Mr. Fisher is the Project Manager overseeing condition assessment of Digester 1 and 2 at the City of Roseville Dry Creek WWTP.

During routine maintenance and cleaning, Mr. Fisher and the Water Works inspection team provided a thorough structural assessment of the concrete structures, in particular the flat top and domed roofs and interior mechanical piping, to assess its condition and identi fy more significant rehabilitation and/or replacement needs. Mike worked with the Contractor responsible for the routine cleaning project to remove all fluid and materials in the digesters; wash and clean all internal components; and pump the tank dry. The y then set -up a scaffolding and lighting system for use by Water Works for the structural assessment. Water Works team efficiently completed a visual assessment and took concrete core samples for material testing to characterize the condition of the digest er and summarized the findings and recommended improvements in a structural assessment report.

City of Roseville Pleasant Grove Wastewater Treatment Plant As Needed Environmental Utilities – Roseville, CA Mr. Fisher led engineering services related to evaluation of the PGWWTP influent trunk line and influent facilities. The interceptor had experienced several odor events in the last 3 miles. Mr. Fisher led the Water Works Engineers team that assessed the extent and causation of the venting of the interceptor. The interceptor had two different locations of significant air headspace area changes. Those areas were instrumented with gas phase hydrogen sulfide analyzers/data loggers combined with pressure analyzers/data loggers. The evaluation included analysis of the influent PS operations impact on trunk line odors.

Jon Roy, PE

Mr. Roy is a Civil Engineer with over 7 years of experience in water infrastructure constructability , construction management, and design. Mr. Roy has specializes in design and construction of yard and process pipe, and mechanical systems. Mr. Roy has extensive experience in existing process infrastructure rehabilitation and modification in both water and wastewater.

Representative Project Experience
City of Roseville PGWWTP Influent Pump Station Hydraulic Tech Memo (On-Call Services)—Roseville, CA (Planning/Design)
The project consisted of analyzing historical operation of the Influent Pump Station at the Pleasant Grove Wastewater Treatment Plant to make recommendations to improve performance of the station and provide longevity to ensure future capacity. Mr. Roy assisted with making infrastructure improvement and operational recommendations to facilitate the desired pump replacements and the ancillary infrastructure. Mr. Roy also provided constructability review and construction phasing recommendations.

West Side Tank and Pump Station Design and CM – Roseville, CA (Design/CM) Mr. Roy provided services for the design, plans and specifications, bidding assistance, and construction management services for two pre-stressed concrete tanks, a booster pump station, and the new operations crew facility. The water tanks and pump station were delivered using the City’s design assist CM @ Risk project delivery method and the crew build as design -build. Improvements to the greenfield site included:
 Two 6 MG partially buried AWWA D110 Type I pre-stressed concrete tank(s).  Booster Pump Station – four 3800 GPM @ 170’ TDH vertical turbine pumps and controls.  CMU block building with pump, E&IC and chemical feed rooms  Site design to minimize material off-haul and provide post construction drainage water quality enhancements
 Mechanical stabilized earth foundation improvements under tank to minimize differential settlement
 Crew building with office, training, lavatory, showers, kitchen and shop to support water operations and maintenance staff
 Architectural features of the site followed master planned community CC&Rs.

City of Roseville Shadowbrook Forcemain Replacement Project Mr. Roy provided Construction Management services for the installation of a 6” DIP dual force main. This project included installation of a diversion structure for a crossing of Dry Creek, post construction stream bed restoration, and the administration of the associated permit constraints.

City of Morro Bay WRF Lift Station and Offsite Pipelines – Morro Bay, CA Mr. Roy assisted with the design and services during construction for the Water Reclamation Facility Influent Lift Station and associated offsite pipelines . This project included design of an 8MGD (peak wet weather flow) triplex submersible pump station with provisions to turndown all the way to 0.3 - 1 MGD during typical daily flow conditions.

Education
B.S. – Civil Engineering
Oregon State University (2016)
Years of
Experience
5 years with the
firm/ 7 years
total
Registration
Registered Civil Engineer
California – C92341

Jon Roy, PE
Civil Engineer / Construction Manager

Jon Roy, PE

City of San Bruno Sneath and Lake Pump Station Rehabilitation Project - San Bruno, CA (Design) Mr. Roy was the project engineer for rehabilitating two pump stations. Improvements included structural improvements for the existing building, new electrical equipment including MCCs, VFDs, switchgear, and generator, new steel discharge piping and a new building. Building improvements were designed for the wildland urb an interface requirements. The project included preliminary design through final design.

Sneath pump station has three 125 hp vertical turbine pumps. Lake pump station has two 100 hp vertical turbine pumps.

PCWA Bowman WTP Improvements Project Phases II and III - Auburn, CA (Design) Mr. Roy provided design services for upgrades to existing plant facilities and new process systems at the Bowman Water Treatment Plant . Plant upgrades included filter and flocculation basin rehabilitation, piping and valve modifications, and new intake screen and Polymer feed system.

City of Healdsburg Fitch and Dry Creek Well Field Filter Upgrade and Improvements Project - Healdsburg, CA (Design)
Mr. Roy was the project engineer for design of cartri dge filter trains at two well sites, and rehabilitation of existing distribution infrastructure. Upgrades to existing infrastructure included replacement of four end suction horizontal split case pumps and installation of VFDs, and complete interior rehabilitation and repair of the 170,000 gallon Clearwell.

City of Millbrae Water System Improvement Project - Millbrae, CA (Planning/Design/CM) Mr. Roy was the project engineer for the water system improvement project. The project implemented some of th e projects described in the Master Plan to improve the resiliency of the water distribution system. Distribution system improvements to intertie previously unconnected pressure zones were confirmed using an InfoWater model. A final design was prepared for a new 1.5 million gallon prestressed concrete tank to replace infrastructure at the end of its life. Construction management was provided for the construction of the tank.

Valley of the Moon Water District Saddle Tank - Glen Ellen, CA (Design/CM) Mr. Roy provided engineering services for the design, plans and specifications, bidding assistance, and construction management services for a 200,000-gallon welded steel tank. The steel tank replaced a redwood tank that burned down in the 2017 California wildfires. Constructability challenges of the project included getting working area from the neighbor, staying within the 60’ x 60’ parcel, and how to get material to the site up a steep, narrow, and private road. The project was funded by FEMA.

San Jose Water Cambrian Station Improvements Project – San Jose, CA (Design and Permitting) Mr. Roy was the project engineer for the design and permitting of a new CMU block pump station with two 100 hp pumps and two 200 hp pumps, two 1000 gallon bladder tank s, new MCC, and associated valves and piping. Demolition of the existing pump station and other facilities on site were completed to create room for the new facilities. Hazardous materials on site were sampled for and mitigated. A historical report was created to ensure the new facilities did not impact the remaining historical facilities on site.

San Jose Water Company Belgatos Reservoir Replacement Project Mr. Roy provided Construction Management of the complete reservoir replacement, including retirement of existing infrastructure and new mechanical piping, and construction of two 2.37 MG post -tensioned concrete tanks.

JOE ZIEMANN, P.E.
1 Mr. Ziemann is a water and wastewater treatment process design and consulting engineer with 16 years of experience in the water, wastewater, and recycled water industry. He has worked as a project engineer and project manager on projects ranging from plan and specification preparation for new utility infrastru cture to master planning and utility asset rehabilitation analysis and design. Mr. Ziemann’s experience also includes operations and maintenance planning and protocol development, as well as graphical information systems (GIS) analysis, which have allowed him to develop a broad perspective of how individual projects fit in to the larger picture of a municipality’s overall utility scheme and future objectives.

REPRESENTATIVE PROJECT EXPERIENCE
The project consisted of analyzing historical operation of the Influent Pump Station at the Pleasant Grove Wastewater Treatment Plant to make recommendations to improve performance of the station and provide longevity to ensure future capacity. Mr. Ziemann led development of infrastructure improvement and operational recommendations to facilitate the desired pump replacements and the ancillary infrastructure.

City of Roseville Pleasant Grove Wastewater Treatment Plant As Needed Environmental Utilities – Roseville, CA Mr. Ziemann provided engineering services for the interceptor to collect wastewater to its wastewater treatment facilities. The interceptor had e xperienced several odor events in the last 3 miles. Mr. Ziemann and the Water Works Engineers team assessed the extent and causation of the venting of the interceptor. The interceptor had two different locations of significant air headspace area changes. Those areas were instrumented with gas phase hydrogen sulfide analyzers/data loggers combined with pressure analyzers/data loggers.

City of Shasta Lake Wastewater Treatment Plant Final Design – Shasta Lake, CA (Planning/Design) Mr. Ziemann was the lead design engineer for improvements at an existing wastewater treatment plant required to meet new nutrient limits in the facility’s discharge permit. Mr. Ziemann completed construction drawings and specifications for retrofit of the exi sting headworks screens, conversion of an oxidation ditch into an equalization basin, a self - cleaning trench style influent pump station, 5 -stage Bardenpho aeration basins, and a new secondary clarifier.

Mr. Ziemann developed the BioWIN model of the plant that was used for final design.

City of Shasta Lake Centrifuge Dewatering System – Shasta Lake, CA (Design/CM) The project team evaluated
mechanical dewatering technologies for the City’s water treatment plant sludge, including belt filter press, screw press, and centrifuge technology. Centrifuge technology was selected due to the limited footprint available on the site and operational preferences. Mr. Ziemann led final design of the facility, which included a two story building with the centrifuge on the second floor, and a dewatered solids roll-off bin on the first floor. Mr. Ziemann also provided construction management, startup, and operational optimization services for the project. 17-067 City of Roseville Dry Creek WWTP Sewer Collection System and Pump Station Hydraulic Investigation - Roseville, CA (Assessment) Mr. Ziemann provided engineering services in conducting a review of the existing City of Roseville sanitary sewer hydraulic model (in InfoWorks ICM) and developing inflow and infil tration reduction program recommendations.
12-012 Dry Creek Secondary Clarifier Replacement Project - City of Roseville, CA (Design/CM) Mr . Ziemann provided design and construction management services for the complete rehabilitation and replacement of four Education
M.S. – Environmental Eng.

Lehigh University (2006)
B.S. – Environmental Eng.,
Lehigh University (2005)
Experience
14 years with
the firm/ 17
years total
Registration
Registered Civil Engineer
California - C76172

Memberships
AWWA
CWEA
JOE ZIEMANN, P.E.

Project Engineer/Project Manager

JOE ZIEMANN, P.E.
2 circular secondary clarifiers . The project included demolition of all existing internal mechanical equipment, re- tasking of existing concrete structures and supports, and replacement of the drive mechanisms with new stainless- steel equipment. The project also included RAS pump replacement and controls improvements.

City of Folsom WTP Solids Dewatering Facility – Folsom, CA (Design/Build) Water Works Engineers, in partnership with Auburn Constructors, was hired by the City to pr ovide design-build services for the Dewatering Facility Project at the 50 -mgd City of Folsom Water Treatment Plant. The project included rehabilitation of the existing flocculation/sedimentation basins to serve as filter backwash / actiflo blowdown treatm ent systems, sludge homogenization tanks with chopper pump -mixing, and a screwpress dewatering system and roll -off container storage for 20 -25% cake prior to landfill disposal. Mr. Ziemann also developed a detailed Operations Guide for the facility which included SOPs for typical startup, shutdown, coagulant dose adjustment, operational mode selection, HMI control screen descriptions, and operational setpoints.

City of Willits WTP Emergency Water Supply Project – Willits, CA (Design/CM) Mr. Ziemann responded to an emergency request by the City to develop a groundwater well treatment system pre-design report on a very fast timeline to secure grant funding from the California Department of Public Health’s emergency drought fund that became available in early 2014. Mr. Ziemann subsequently developed plans and specifications for an arsenic, iron, and manganese treatment system, employing manganese dioxide media filters, for the City’s two existing groundwater wells which were previously being utilized as sources of non -potable water. Mr. Ziemann also performed bench testing of manganese sequestration chemicals, and determined they were not a viable alternative to manganese removal treatment.

Riviera West Water Treatment Plant Improvements – Kelseyville, CA (Planning/Design/CM) Mr. Ziemann prepared a preliminary design report for improvements to an existing water treatment plant drawing raw water from Clear Lake, which was not in full compliance with Title 22 water treatment requirements. The preli minary design report was utilized to secure State grant funding for the project. Mr. Ziemann also prepared plans and specifications for the identified improvements including dissolved air flotation clarification, pressure filtration, granular activated carbon contact, and chlorine contact. Mr. Ziemann also provided construction management, construction inspection, plant startup services, and developed the WTP Operations Guide which was required to be submitted to and reviewed by the SWRCB for the WTP permit.

City of Willits WTP Improvements – Willits, CA (Planning/Design/CM) Mr. Ziemann prepared plans and specifications for improvements to an existing surface water treatment plant.. Mr. Ziemann and the project team worked closely with water treatment plant operators to understand the extent of the deficiencies in the existing system and develop a strategy for improving the operation and performance of the plant while maximizing the use of existing equipment and minimizing construction cost. The improvements included a solids contact clarifier for pretreatment, an additional Trident Microfloc unit, a pH adjustment chemical feed system, and a new SCADA system. The design of the improvements was focused around providing flexibility in the operation of each individual process in terms of pH and loading rate to optimize the removal of seasonal contaminants such as iron, manganese, colloidal clay, algae, and organic carbon. Mr. Ziemann developed the WTP Operations Guide which was required to be submitted to and reviewed by the SWRCB for the WTP permit.

City of Montague WTP Improvements – Montague, CA (Planning/Design) Mr. Ziemann performed an analysis of treatment process alternatives for surface water treatment plant improvements required to reduce disinfection byproduct formation, reduce finished water taste and odor, and improve plant reliability. Mr. Ziemann developed and compared treatment alternatives based on capital costs, operating costs, ability to meet regulatory demands and project goals, and ease of operation. Mr. Ziemann prepared final design plan s and specification s for construction of the improvements, provided construction management and startup ass istance, and developed a WTP Operations Guide.

FF RR II SS CC HH EE NN GG II NN EE EE RR II NN GG ,, II NN CC ..

Consulting Electrical Engineers
13405 Folsom Blvd., Unit 600 Phone 916.353.1025
Folsom, CA 95630

Thomas P. Frisch, P.E.

Experience
Summary
Mr. Thomas Frisch has worked in the
water/wastewater/power/landfill industry since 1991
and has developed skills in power, controls,
instrumentation and communications. He has become
very familiar with most prac tices and processes used in this industry. His experience is diverse since he has
worked as a Contractor and Consultant in various
capacities. As a Contractor, he brought contract
drawings to completion by designing the final details,
making submittals a nd managing production. As a
Consultant, he has designed over 250 water and wastewater projects ranging from small pump stations to large scale treatment plants. Consequently , he has a high degree of product knowledge that enables him to minimize design ex posure to unproven materials or practices. He knows the challenges that Contractors face in taking plans to construction and knows when to assist on behalf on the Owner. His designs for electrical, instrumentation, and telemetry systems have been very s uccessful with near - zero change orders due to design flaws. His designs include complex PLC motor controls for booster pump stations, lift stations and motor operated valves and SCADA telemetry between pump stations and tanks. He has performed electrical studies such as a damage assessment or to determine system capacity and cost comparisons to determine electrical operational costs of VFDs vs. throttled fixed speed motors Education B.S. Electrical Engineering, University California Los Angeles, 1991 Registration Professional Electrical Engineer Reg. CA E15761, other states as needed

Work
Experence

Electrical Engineer (30 years)
Mr. Frisch obtained his Professional Engineering License 1998, and shortly thereafter, began working as a consultant in El ectrical Design. Thomas has designed over 800 projects ranging from small sewage lift stations to large (2000 HP total medium voltage) pump stations and treatment plants. During this time, Mr. Frisch has become proficient as a designer, obtained the resp ect of his peers, and now operates a successful Electrical Engineering design and construction services business.

Prior to consult ing, Mr. Frisch worked for Tesco Controls as a Field Service Engineer (4 years), Sales Engineer (1 year), and Project Engine er (3 years). While working for Tesco, He became very familiar with design philosophies of HDR, Montgomery Watson, Brown and Caldwell, Black and Veatch, Carollo and others. He engineered and coordinated many projects including full treatment plants at El Dorado Hills, City of Davis, City of Corona, and City of Sanger. He became very familiar with many manufacturers of instrumentation, PLCs and SCADA systems. He developed and defined many of the standards still in use today at Tesco Controls concerning d rafting, testing and manufacturing.

FF RR II SS CC HH EE NN GG II NN EE EE RR II NN GG ,, II NN CC ..

Consulting Electrical Engineers
110 Blue Ravine Road, Suite 101 Phone 916.353.1025
Folsom, CA 95630 Fax 916.353.1028

Michael J. Frisch, P.E.

Experience
Summary
Mr. Michael Frisch has worked in the water/wastewater industry since 1994 and is familiar with most processes used in this industry. His experience is well rounded as he has worked as a Consultant and a Contract or. This experience has provided Michael additional perspectives of a project or problem. As a Consultant, he is capable of providing information and expertise to the Owner , and assist the Contractor with suggestions that can expedite the project without compromising contractual requirements.

His experiences as a Contractor have provided knowledge in all areas in the water/wastewater industry. This experience has provided him the expertise to assist clients with product selection, application, implementation, and process control. He is diverse in PLC and SCADA automation that include motor and process control with instrumentation.

His experience with telemetry application and testing has proven invaluable.

Education B.S. Electrical Engineering, University California Los Angeles, 1994 Registration California State Professional Electrical Engineer Reg. E17155

Work
Experience
Electrical Engineer
Mr. Frisch obtained his Professional Engineering License in 2003 , and began working as a co nsultant in Electrical Design and Construction Support in 1999. Michael has designed projects but his primary focus has been Construction Support. He has managed over one hundred projects ranging from small sewage lift stations and pump stations to water and wastewater treatment plants. During this time, Michael has become proficient as a Construction Manager, Designer and PLC programmer and has obtained the respect of his peers. He has experience with Allen Bradley, Modicon and GE products. His expertise has bee n invaluable to the Owner, project managing team and Contractor. He has a “hands -on” approach to implementing and completing a job which helps to assure the job is completed correctly and per plans and specifications. He now operates a successf ul Electric al Engineering design and construction services business.

FF RR II SS CC HH EE NN GG II NN EE EE RR II NN GG ,, II NN CC ..

Consulting Electrical Engineers
13405 Folsom Blvd., Unit 600 Phone 916.353.1025
Folsom, CA 95630

Martin Yarbrough

Experience
Summary
Mr. Martin Yarbrough has worked in the water/wastewater industry since 1995 and offers an excellent combination of manufacturing, project management and electrical engineering experience. His past experience as a syste ms integrator provides a solid basis and broad understanding required to be a successful Electrical Consultant. He has a proven ability to diagnose customer requests, translate them to action and deliver with the highest customer satisfaction. Mr. Yarbro ugh is a hardworking employee with a strong work ethic who works efficiently in a professional environment by using keen organizational, time-
management, and prioritizing skills to consistently meet deadlines.

He maintains effective and thorough working r elationships with customers in a positive, professional and timely manner.

Mr. Yarbrough is skilled at analyzing complex functions, procedures and problems to find creative, logical and effective solutions. He is experienced with numerous facets of engineering concepts, products, control processes, instrumentation, practices, and procedures within the industry. Mr. Yarbrough offers the meticulous, professional and thorough communications that ensure successfully managed projects and satisfied customers.

Mr. Yarbrough has performed many arc -flash studies and circuit breaker coordination.

Frisch Engineering has offers services to analyze previous Arc -Flash calculations to find discrepancies and inaccuracies which cause the incident energy to be over rated. Mr.

Yarbrough has found in many cases where ratings may be lowered making maintenance easier and less hassle. Over rated systems are very onerous to service which causes it to not be services at all. Mr. Yarbrough is able to help.

Born and raised in Lou isiana and California, Mr. Yarbrough is a very good communicator and has a non-aggressive demeanor. He is very personable and quick to know and get - along with. He is requested by Clients to assist on projects routinely.

Education Associate of Applied Science, Computer Aided Design, ITT Technical Institute, 1993 Project
Experience
Mr. Yarbrough works as Project Designer on many projects and also provides Construction management and site inspection. Usually providing input on the on the engineering side of projects , Mr. Yarbrough can produce electrical drawings and specifications, breaker coor wdination, Arc Flash calculations, submittal reviews, site inspections, and testing.

Mr. Yarbrough has been working for Frisch Engineering for many years and utilize s the design concepts and practices of the company. Those concepts and practices are flexible enough to provide custom solutions for each client while ensuring the detail, quality, and completeness that Frisch Engineering is known for.

Wade Johnson

Experience
Wade`s 30 years of experience in the electrical industry has given him many insights to the electrical construction field. This includes water and waste water projects, Industrial projects, Commercial, food processing, agricultural, automation, PLC control systems, Scada systems, process instrumentation, pneumatics, petro chemical, refinery’s, Industrial lighting systems, lighting controls, fiber optics, security systems and Electrical estimation.

Past affiliations and License
Independent Electrical Contractors Association, Western Electrical Contractors Association California Contractors License C-10 Electrical, Nevada state C-2 Electrical License

Education
5 Year electrical trade school,
Electrical construction project management, Purdue University 1996

PROJECT EXPERIENCE
Construction Projects:
. North fork screens & ladders, Manton CA . Zone 4 & intertie PS, Roseville . Groveland WTP, Groveland CA . Blue oaks/Hayden wells, Roseville . Deer creek WWTP, Eldorado CA . Stoneridge tank & PS, Roseville . TMWRF WWTP upgrade, Reno NV . Northeast tank & PS, Roseville . Wildhawk GWTP, Sacramento CA . Fall creek WTP, Yreka CA . Bridge District tank and BPS, Sacramento CA . Martin slough PS, Eureka CA . Chevron pipeline and pump station, Richmond CA . Dollar point PS, Carnelian bay CA . Anatolia WTP, Sacramento CA . Combie powerhouse, Auburn CA . Folgers coffee, South San Francisco CA . Diablo Grande Scada, Patterson CA . Yuba City WWTP upgrade, Yuba City CA . Lodi WWTP, Lodi CA . STMWRF chemical, Washoe County NV . STMWRF Biosolids, Washoe County . Douglas county WWTP, Douglas County NV . Incline village Pump station 8, NV

Design-Build/Assist Projects:
. Carson city WRRF pre-construction, NV . Pleasant grove UV upgrade, Roseville . Carson city WRRF CMAR contract, NV . Dry creek cooling towers, Roseville . Thunder valley casino WWTP, Lincoln CA . Dry creek Clarifiers, Roseville . Cache creek casino WWTP, Brooks CA . Saddle creek WTP, Copperopolis CA . Red Hawk casino WWTP, Camino CA . Red Hawk casino, WTP, Camino CA . Pleasant Grove WWTP Expansion . Pleasant Grove Energy Recovery

Fred Lozo
4501 Harlin Dr.

Sacramento, CA 95826
(209) 470-9428
[email protected]

PROFILE
Over 30 years of field & office experience in the electrical trade. Expert knowledge of electrical systems, electronics, field instrumentation, AC/DC systems, and communication systems. Skilled at project planning, documentation control, and adjusting project priorities to meet milestones and customer's needs.

PROJECT EXPERIENCE - 100% DESIGNED
•Wildhawk Water Treatment Plant - Sacramento, CA
•South Truckee Meadows WWTP Biosolids - Reno, NV
•Lake Wildwood WWTP - Lake Wildwood, CA
•Auburn WTP - Auburn, CA
•TMWRF WWTP - Reno, NV
•Y uba City WWTP Upgrades - Y uba City , CA
•Lodi WWTP - Lodi, CA

PROJECT EXPERIENCE - DESIGN-BUILD/ASSIST
•Pleasant Grove WWTP Expansion - Roseville, CA
•Pleasant Grove Energy Recovery - Roseville, CA
•Pleasant Grove WWTP UV Upgrade - Roseville, CA
•Dry Creek WWTP Cooling Towers - Roseville, CA
•Dry Creek WWTP Clarifier Upgrade - Roseville, CA
•Thunder Valley WWTP - Lincoln, CA
•SRCSD Pilot WWTP - Sacramento, CA
•Bellew Pump Station - Milpitas, CA

EDUCATION
•Long Beach City College — Associates in Electrical Science - 1988 •Long Beach Naval Shipyard - Electrical Apprenticeship - 1984-1988

LICENSES
•California State Contractor C-10
•Nevada State Contractor C-2
SKILLS
•Inspecting, testing, and trouble-shooting electrical services and systems •Planning and scheduling resources to meet project goals •Organized, detailed oriented, and efficient
•Managing projects in excess of $5 million dollars
•Working on high/low voltage, telecommunications, fire alarm, instrumentation, PLC, and security systems
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 56 -
Appendix B – Variable Frequency Drive (VFD) Cut Sheets

Detail Bill of Material Page 1 of 1
Project Name: Frisch - 18pulse Drive Negotiation No: SR560410X3K1 General Order No: Alternate No: 0000

Item No. Qty Product Description
1 Drives - Enclosed EGP 18-Pulse Enclosed Drive w/ 5% Dual DC Link Choke, 150 HP (112 KW) High Overload (IH) Rated, 480VAC Three Phase Input, NEMA 1 Enclosure

Catalog No EGP1804C130DB10000*
Designation 150HP 18Pulse

Catalog No Qty List of Materials
Isolation Fuses 1 Isolation Fuses
Circuit Breaker 1 Circuit Breaker
Engineered
Options
1 Engineered Options
--->100KAIC
Rated
1 --->100KAIC Rated
DV/DT Filter 1 DV/DT Filter
HOA Switch 1 22mm HOA Switch - M22 Series
Speed Pot 1 22mm Speed Pot - M22 Series
Start/Stop Buttons 1 22mm Start (Green) & Stop (Red) Buttons - M22 Series Light Kit 1 22mm Power On (White), Drive Run (Green), & Drive Fault (Red) Push-To- Test Light Kit - M22 Series

Varnished Boards
(Standard)
1 Varnished Boards (Standard)

Eaton Selling Policy 25-000 applies.

All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction thereof for the time the shipment is delayed.

Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof.

General Information: Drives
-
Enclosed
Drive Schedule
Item
Qty
Equipment ID
Catalog Number
Output HP
Output

Amps
Output
V
oltage
1 150H
P
18Pulse
EGP1804C130DB1
0000*
150
180
480
V
AC

Three
Phase
Item Information
Design Series:

Enclosed 18
-
Pulse DG1 Drive
Output Power:
150 H
P
(
1 12 KW)
Rated Output Current (Amps):
180
Input
V
oltage:
480
V
AC

Three Phase
Input Frequency
45 to 66 Hz
Output
V
oltage:
480
V
AC

Three Phase
Output Frequency
0 to 320 Hz
Branch Protection:

Short Circuit Current Rating:
100KAIC
Enclosure NEM
A
Rating:

NEM
A
1 Enclosure Size:
8X
Drive Frame Size:

FR6
Onboard Comms:

BACnet MS/T
P
, Ethernet/I
P
, Modbus, & Modbus

TCP
Optional Comms:

None
Enclosure Information
NEM
A
Rating:

NEM
A
1 Height (in):

Width (in):

Depth (in):

W
eight (lbs):
1600
Circuit Protection
250
400
NEG
-
A
L
T
Number
PRE
P

ARED BY
D
A
TE

APPROVED BY
D
A
TE

VERSION

REVISION

DWG SIZE

JOB NAME
DESIGN
A
TION
TYPE
G.O.

DR
A
WING

TYPE
ITEM
SHEET
The information on this document is
created by Eaton Corporation. It is
disclosed in confidence and it is only to
be used for the purpose in which it is
supplied.

SR560410X3K1
-
0000

BOYD WES
T
OVER
4/9/2023

10.0. 1

1.0 0
A
Eaton
Frisch
-
18pulse Drive
150H
P
18Pulse
Drives
-
Enclosed
Customer

App
r
.
1 of 1

1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
A A
B B
C C
D D

NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION TITLE

DRAWING
NUMBER
SIZE
D

REVISION

SHEETSCALE
OF1 1

DATE (YYYY/MM/DD)
01 2019/05/06
84-39494-8010
OUTLINE DRAWING SZ 8X
NTS2018

THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.

BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT

BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.

C Eaton Corporation, All Rights Reserved

EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY
INCHES [MILLIMETERS]

DIMENSIONS IN

UNLESS OTHERWISE SPECIFIED
M. KOTHARI

DRAFTER/DESIGNER

93.5 [2375 mm]
TYP

90.0 [2286 mm]

91.8 [2331 mm]

48.0 [1219 mm]

27.2 [692 mm]
TYP

1.5 [39 mm]
TYP

40.0 [1016 mm] LIFTING ANGLE
2 PLCS
P2.0
[51 mm]

LIFTING HOLES
4 PLCS

KEYED DOOR
HANDLE
NOTES:

FINISH: ENCLOSURE-ANSI 61 (LIGHT ) GRAY.

WEIGHT: APPROXIMATELY 2100 LBS. [953] KG.

MATERIAL: 12GA
DIMENSIONS: INCHES,[MILLIMETERS].

CONSTRUCTION: NEMA TYPE 1

QUARTER TURN LATCHES
2 PLCS

12.7 [323 mm]
TYP.

12.5 [318 mm]
TYP.

1.1 [29 mm]
TYP

9.5 [241 mm]
TYP

CONDUIT
ACCESS

CONDUIT
ACCESS

CONDUIT
ACCESS

BOTTOM AVAILABLE

CONDUIT LOCATION

31.8 [807 mm]
TYP

7.5 [190 mm]
TYP

13.6 [346 mm]
TYP

1.5 [39 mm]
TYP

15.0 [381 mm]
TYP

31.5 [799 mm]
TYP

72.0 [1828 mm]
TYP

10.6 [269 mm]
TYP

17.0 [432 mm]
TYP

19.1 [485 mm]
TYP

TOP AVAILABLE

CONDUIT LOCATIONS

42.2 [1072 mm]
TYP

2.9 [73 mm]
TYP

29.2 [741 mm]
TYP

BOTTOM VIEW

ENCLOSURE

MOUNTING HOLES
5 PLCS

DISCONNECT
HANDLE

MECHANISM
(OPTIONAL)
P.56
5 PLCS
(RECOMMENDED 1/2-13 GRADE 5 HARDWARE)
Page: 1 of 11
GO/NEG-Alt-Date: Job Name:

Item Number: Catalog Number: Designation:

SR560410X3K1-0000-4/9/2023
Frisch - 18pulse Drive
EGP1804C130DB10000*
150HP 18Pulse
7 8654321
7 8654321 D
C
B
A
D
C
B
ADSD_DFM_ACAD_IN.DWG REV 1
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THEEXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOTBE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND T``HAT NO PORTION OF THIS DOCUMENT MAY BECOPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTINGCONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.EATON CORPORATION - CONFIDENTIAL AND PROPRIETARYNOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATIONTITLEDRAWINGSIZENUMBERREVISIONCHANGE RESPONSIBILITYSHEETCLASS CODEDRAFTER/DESIGNERENGINEERING APPROVEDREVISION DESCRIPTIONDATE (YYYY/MM/DD)MANUFACTURINGD 1 OF 1DRAWING IN ACCORDANCE WITHENG/MFG REFERENCEASME Y14.5M-1994SYMBOLS PER468-1143X.XX±XXSTC Eaton Corporation, All Rights ReservedECO #NA UNLESS OTHERWISE SPECIFIEDDIMENSIONS ININCHESAUTO GENERATED2019/08/26P. FANDUZZI JRH. FASKING002ECO-1705942019288891-40D_ALLEGP FR1-6 SCHEMATIC -POWERCB/FUSE/IN_RTR\DV/DT\PTB\HOA\PB\POT\LTS288891-40DB10SH1ICD-P050-1ADG_288891_ALL464-1030_REV00150-42024 MECH TORQ50-42025 ELECT TORQ GO/NEG-Alt-Date: Job Name:

Item Number: Catalog Number: Designation:

SR560410X3K1-0000-4/9/2023
Frisch - 18pulse Drive
EGP1804C130DB10000*
150HP 18Pulse
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
A A
B B
C C
D D

EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY

NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION

THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.

BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT

BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.

C Eaton Corporation, All Rights Reserved
TITLE

DRAWING
NUMBER
SIZE
D

CHANGE RESPONSIBILITY

REVISION

CLASS CODE SHEETSCALE
OF1 1

DATE (YYYY/MM/DD)DRAFTER/DESIGNER

MANUFACTURING

REVISION DESCRIPTION

DIMENSIONS IN

UNLESS OTHERWISE SPECIFIED

DRAWING IN ACCORDANCE WITH
ASME Y14.5M-1994

ENG/MFG REFERENCE
X.XX+/-XX
ST

SYMBOLS PER
468-1143
M. KOTHARI

ENGINEERING APPROVED
ECO#
INCHES
X.X
X.XX
X.XXX
Xƒ
X.Xƒ
“0.1
“0.02
“0.005
“1ƒ
“.5ƒ
NA
01 2019/05/29
P. FANDUZZI H. FASKING
ECO-164725

NEW RELEASE
288892-8X6

EGP CONNECTIONS - SZ8X ENL FR6

ICD-P050-1
NTS
2019
L1 L2 L3
GROUND

INCOMING POWER AND GROUND

SEE NAMEPLATE FOR RATINGS, SEE NOTES
GROUND
L2L1 L3

INCOMING POWER AND GROUND

SEE NAMEPLATE FOR RATINGS, SEE NOTES
GROUND
GROUND
NOTES

1. SEE SCHEMATIC FOR DETAILS AND CONTROL LOGIC - FACTORY WIRING DETAILS OMITTED.

2. REFER TO ENCLOSURE NAMEPLATE FOR INPUT/OUTPUT VOLTAGES AND CURRENT RATINGS.

3. ENCLOSURE MUST BE GROUNDED USING INPUT AND OUTPUT STUDS PROVIDED.

4. THIS EQUIPMENT MUST BE INSTALLED IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE AND ALL STATE/LOCAL CODES.

5. USE MULTIPLE CONDUITS TO SEPARATE 120 CONTROL WIRING FROM INCOMING POWER WIRING.

VFD TO MOTOR CONNECTIONS
DG1 FRAME 6 POWER CONNECTIONS

TO MOTOR - SEE MOTOR

NAMEPLATE FOR RATINGS
T1 T2 T3
VFD
CB
Page: 1 of 1
GO/NEG-Alt-Date: Job Name:

Item Number: Catalog Number: Designation:

SR560410X3K1-0000-4/9/2023
Frisch - 18pulse Drive
EGP1804C130DB10000*
150HP 18Pulse
Customized
drive solutions
Altivar 680 low-harmonic drive system
150 – 900 hp ND/125 – 700 hp HD
altivardrives.com

altivardrives.com2
Whatever you need — simple packaged drives or complex drive solutions adapted to your requirements — Schneider Electric Altivar TM
drive systems will
cover all your needs.

We listen closely .

Working with our expert drive specialists, you can refine your requirements:
• Application characteristics and necessary motor performance • Environmental conditions and requested standards
• Integration into control systems and safety concepts to save energy and reduce costs We provide an optimized solution.

You receive a comprehensive proposal:
• Detailed and fast quotation, including mechanical and electrical documentation • On-site analysis by measurement and simulation
• Identification of opportunities to save energy and reduce costs We deliver your customized drive systems ready to use.
• You will receive your drive solution on schedule and manufactured according to your specifications
• Fully tested, with parameters adapted to the integrated functions • Short lead time thanks to the modular design
• Fast and simple commissioning
What will you get with
drive systems?
altivardrives.com 3
100%
flexibility to build
drives according to
your needs.
-30%
planning time
thanks to modular
assembly system.

altivardrives.com4
Compact design
• Less space required in the control room
• Generous connecting area for power cables
• Easy access to all components
• Control panel for numerous options
The energy-saving drive solution
• Up to 60% energy savings without
additional costs
• Intelligent control of internal fans,
depending on the operation
• Optimal energy efficiency over the entire
life cycle
• Logging and graphic presentation of
absorbed power
Single drive systems
Our drive systems are enclosure units with built-in frequency inverters to control the speed of asynchronous or synchronous motors. The modular construction makes it possible to adapt the enclosure unit to your particular requirements.
-20%
space needed
compared to
previous range.
60%
energy savings
at standby
using innovative
stop-and-go operation.

Absorbed power
Run
Ready
Stop
Energy saving
Reduced consumption
by stop-and-go function
Conventional consumption

altivardrives.com 5
World’s first three-level low-harmonic drive
This new technology reaches a total harmonic distortion (THD(i)) of ~ 2%, and fulfills the requirements of the IEEE 519 standard for THD(i) < 5%, in the event of distorted mains.

Extended motor lifetime with three-level concept
Significantly reduced voltage load in the motor compared to the classic two-level, low-harmonic drives helps to extend the motor’s lifetime.

Reduced losses with three-level concept
Compared to classic low-harmonic drives, the switching frequency is increased and the current load is reduced, resulting in significantly reduced losses in the whole system.

Compact dimensions thanks to three-level concept
The compact dimensions of the integrated filter components offer a significant advantage. Due to the increased switching frequency , the filter dimensions can be almost halved.

Reliable operation with generator applications
Stable operation when being powered by a generator . During operation, these drive systems have nearly sinusoidal input current waveforms with a unity power factor . Current harmonics measured at the terminals during full load testing showed to be around 2%.
technology
3-Level
3-level concept
M
Three-level concept
ATV680 full load input current waveform with
generator-supplied power .
schneider-electric.com/drives6 altivardrives.com6
ATV680
Output filter
Fans
Circuit breaker
Line reactor
Inverter module
(behind panel)
Rectifier module
(behind panel)
altivardrives.com 7
ATV680
Three-level architecture with common mode suppression
L1
L2
L3
C F
S 1
S 2
S 3
S 4
S 5
S 6
RBS 1 RBS 2
RBS 3 RBS 4
RBS 5 RBS 6
-Ud /20
Ud 0
-Ud
+Ud /20
+Ud
Newest three-level architecture
• Total current distortion factor THD <<5%
• Improved lifetime of the motor due to reduced voltage load • Less heat losses compared to the classic AFE architecture • Compact dimensions due to optimized filter components
519
altivardrives.com8
Overall features
• Access to real-time data
• QR codes to access support
• Innovative tools and diagnostics
• Powerful user interfaces
• Flexible communications
• Easy-to-maintain designs
• Full array of support services
• Built-in pump protection functions
• Multiple configurations and options
altivardrives.com 9
Targeted applications
Altivar Process drive systems are tailor-made to meet the specific needs of your market.

Mining, Minerals & Metals
• Highest level of protection for harsh environments
• Lower maintenance costs
• Smooth motor start reduces mechanical stress
• Low noise level

Oil & Gas
• Low harmonic drive systems for weak power supply systems • Low-voltage solutions for medium-voltage applications • Solutions for installations with very long motor cables Energy
• Complete integration into the plant control network processes • Wide range of fieldbus connections
• Better cost control of energy-intensive applications
• Replaces older hydraulic and mechanical controls

Water & Wastewater
• Reduced energy consumption
• Accurate flow, pressure, and level control
• Reduced life cycle costs
• Extended equipment life
• Integrated pump curves
• Monitoring of pump efficiency

Hoisting
• Common DC-bus structure
• Energy feedback into the power supply system
• Torque boost, even at zero speed, for safe and reliable brake control • Extended lifetime thanks to specialized, smooth hoisting functions

altivardrives.com10
Specifications
Technical characteristics
Electrical specifications
Input voltage 460 VAC ± 10%, three phase
Short circuit current rating
(AC symmetrical)
100 kA
Control voltage 24 VDC, 115 VAC + 10%
(control power transformer included)
Displacement power factor Unity power factor (above 30% rated power) (in AFC operation mode)
Input frequency 60 Hz ± 5%
Output voltage Three-phase output, maximum voltage equal to input voltage
Galvanic isolation Galvanic isolation between power and control (inputs, outputs, and power supplies)
Output frequency range of
power converter

0.1 – 500 Hz (factory setting of 60 Hz)
Torque/overtorque ND: 110% of nominal motor torque for 60 s Heavy duty (HD): 150% of nominal motor
torque for 60 s
Current (transient) ND: 110% of drive rated current for 60 s HD: 150% of drive rated current for 60 s
Switching frequency Selectable from 0.5 – 8 kHz
Factory setting: 2.5 kHz
The drive reduces the switching frequency
automatically in the event of excessive heat
sink temperature
Environmental specifications
Storage temperature -13 to +149 ºF (-25 to +65 ºC)
Operating temperature
125 – 700 hp HD,
150 – 900 hp ND 460 V
+14 to +122 ºF (-10 to +50 ºC)
Below 32 ºF (0 ºC) with additional enclosure
heating, above 104 ºF (+40 ºC) with derating
Humidity 95% with no condensation or dripping
water , conforming to IEC 60068-2-78
Altitude 3,300 ft (1000 m), without derating, derating of the current by 1% for each additional 330 ft (100 m)
• Up to 6,561 ft. (3000 m) maximum
• Up to 12,467 ft. (3800 m) maximum
(TN, TT , or IT systems only — no comer
grounded delta systems allowed)
• 125 – 250 hp: up to 15,747 ft. (4800 m)
maximum (TN/TT systems only — no
delta connected systems allowed)
• Above 250 hp: up to 13,123 ft. (4000 m)
maximum (TN/TT systems only — no
delta connected systems allowed
Enclosure UL Type 1: General indoor (ventilated);
UL Type 12: Indoor dust-tight (ventilated)
Pollution degree Pollution degree 2 (Type 1) or 3 (Type 12) per NEMA ICS-1 Annex A and IEC 61800-5-1
Operational test vibration Conforming to IEC/EN 60068-2-6

1.5 mm at 3 – 10 Hz, 0.6 g at 10 – 200 Hz
3M3 conforming to IEC/EN 60721-3-3
Transit shock test Conforming to National Safe Transit Association and International Safe Transit Association test
for packages
Operational shock Conforming to IEC/EN 60068-2-27
4 g for 11 ms
3M3 conforming to IEC/EN 60721-3-3
Codes and standards UL Listed per UL 508A
IEEE519 compliant
Conforms to applicable NEMA ICS, NFPA, and
IEC standards;
Manufactured under ISO 9001 standards
Process drives without bypass are available up to 700 hp HD/ 900 hp ND. The following are standard features for process drives without bypass, when no options are ordered:
• Disconnect handle with lockout/tagout provisions
• Door-mounted keypad holder and display
• One form C tripped relay
• Two form A sequence relays
• Six programmable digital inputs
• Two programmable digital inputs/pulse inputs
• Standard color RAL735
• Class 10 overload protection
• Controller programming
– Acceleration (ACC): 10 s
– Deceleration (DEC): 10 s
– Low speed (LSP): 3 Hz
ATV680 low-harmonic drive system 150 – 900 hp normal duty (ND) altivardrives.com 11
Protection
Motor and pump:

Thermal overload Class 10 electronic overload protection (drive) Class 20 bypass overload protection (drive with
bypass)
Drive system:

Overcurrent protection An overcurrent protection device provides Type 1 coordination to the short-circuit current ratings
Overtemperature
protection
Protection if heat sink temperature
exceeds 185 ºF (85 ºC)
Functional safety:

Functional safety
of the drive
The function Safe Torque Off (STO) allows a
controlled shutdown as well as a switch-off of
the power supply when at a standstill

It also helps prevent any unintended start
of the motor according to ISO 13849-1,
performance level PL e, according to IEC/EN
61508 safety integrity level SIL 3 and IEC/EN
61800-5-2.

Response time ≤ 100 ms at STO
Technical characteristics
Operation and control
Maximum current ND: 110% for 60 seconds per 10 minutes
HD: 150% for 60 seconds per 10 minutes
Speed reference AI1: 0 – 10 V , Impedance = 30 kΩ. Can be used for speed potentiometer , 1 – 10 kΩ.

AI2 Factory setting: 4 – 20 mA. Impedance =
242 kΩ (reassignable, X-Y range with graphic
display terminal)
Frequency resolution
in analog reference

0.1 for 100 Hz (11 bits)
Harmonics Less than 5% TDDi
Speed regulation V/f control: Equal to the motor’s rated slip.

Sensorless flux vector control (SFVC): 10%
of the motor’s rated slip from 20 – 100% of
nominal motor torque
Efficiency 96% (or greater) at full load typical,
assuming minimum motor efficiency of 88%
Reference sample time 2 ms ± 0.5 ms
Acceleration and
deceleration ramps
Drive: 0.1 – 999.9 s
(definition in 0.1 s increments)
Graphic display terminal Self-diagnostics with trip indication messages in three languages. Refer to bulletin EAV64318,
Altivar Process Programming Manual, available
online at www.schneider-electric.com
Schneider Electric
8001 Knightdale Blvd.

Knightdale, NC 27545
USA Customer Care Center
Tel: 888-778-2733
www.schneider-electric.com
December 2016
©2016 Schneider Electric. All Rights Reserved.

Schneider Electric | Life Is On and Altivar are trademarks and the property of Schneider Electric SE, its subsidiaries, and affiliated companies. All other trademarks are the property of their respective owners. 998-19696726_GMA-US_A
This document has been
printed on recycled paper
Configured to order
Catalog number example: ATV680C13T4N2ANWANN
ATV680 C13 T4 N 2 A N W A A N A G K Product line (utility)
660 ATV660 drive system
960 ATV960 drive system
Product line (industry)
960 ATV960 drive system
980 Regen
Enclosure
G Type 1 (default)
A Type 12
H Type 3R (<150 hp)
Harmonic mitigation
N None (default)
A 5% line impedance
M Harmonic filter
Comms options
N None
A Profi bus
®
DP
B CANopen
®
daisy chain
C DeviceNet
®
D CANopen sub-D9
E CANopen open style
F Pro finet
®

Misc options
N None
A Ethernet port on
front door (PC/iPad)
B Line contactor
C Drive I/O extension
D Drive extended relay
module (3 NO)
E 1 – 10 V auto speed
reference
F 1 NO auxiliary auto
mode contact
G Type 1 SPD 40 k
H Type 2 SPD 80 k
J Not assigned
K Additional 150 VA
control power
transformer
L Push-to-test pilot lights
M Not assigned
P Permanent wire markers
(sleeve type)
Q Trip reset button
R Not assigned
S 50 ºC 125 hp and below
T Service switch
U Top entry cubical
(150 hp and above)
V Assembled in U.S.
(60 hp and below)
W Not assigned
X DV/DT filter
Voltage
T4 460 V
Light options
N None
A Red pwr
on, Yell trip
gr AFC run,
Yell auto
B Red pwr
on, Yell trip
gr AFC run
2 UL
(default)
6 cUL
N Normal duty (default)
H Heavy duty
Control options
N Prewired for HOA
A HOA, Speed pot
(default)
B HOA, Speed pot,
Start-Stop
ND values HD values
Code HP at 460 V
U07 1
U15 2
U22 3
U40 5
U55 7.5
U75 10
D11 15
D15 20
D18 25
D22 30
D30 40
D37 50
D45 60
D55 75
D75 100
D90 125
C11 150
C13 200
C16 250
C20 300
C25 400
C31 500
C40 600
C50 700
C63 900
Code HP at 460 V
– –
U15 1
U22 2
U30 3
U55 5
U75 7.5
D11 10
D15 15
D18 20
D22 25
D30 30
D37 40
D45 50
D55 60
D75 75
D90 100
C11 125
C13 150
C16 200
C20 250
C25 300
C31 400
C40 500
C50 600
C63 700
Power circuit
W W/O bypass
(default)
Y Bypass (<300 hp)
Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
Seq # Qty Product Description
1 6
Seq # Qty Product Description
2 1 Designation : ATV930 Training
Product Details :
1 - SRVTTRFUNSIBS-1 day of Product Training
Without Video Taping
Maximum Number of Participants 10
Seq # Qty Product Description
3 1 Designation : Startup 2 ATV930 Trip1
Product Details :
1 - SRVSTRTUPVSDSTD-Startup Services - Straight Time
Schneider Electric will perform the Scope of
Work per Schneider Electric document
1910DB1302-120213 "Scopes of Work for
Electrical Acceptance Testing."
Work will be performed during Straight Time
(any scheduled 8 hour period between 06:00
and 18:00 hours Monday thru
Friday).

It is estimated that the service will be
performed using one technician with all
equipment and tests performed in immediate
succession, unless otherwise specified.

If equipment is not available or prepared to
be tested in the number of days specified,
additional travel and expense charges may
apply.

For each hour that SE Services is delayed at
the job site due to the unavailability of
the equipment for any reason, a charge at
the applicable T&M rates will be added to
the invoice.

Startup sco
pe of work includes Schneider
Electric technician supervision during
energization of equipment. Quote price is
based on energization during final day of
inspection and testing.

Designation : 150Hp AFE VFD
Product Details :
6 - ATV680C11T4N2GNWABNX-Altivar 680
ATV680C11T4N2GNWABNX
Designation: 150Hp AFE VFD
Main circuit breaker disconnect
100k A
IC rated
Selected for 460 Vac 3 phase motor
150 Horsepower
Sized for Normal duty.

Drive controller rated for 211 Max. Output
Amps
Type 1 Enclosure
UL508A Label
RAL7035 (Gray)
Power Circuit W: Drive combination package
Dv/Dt Motor Filter
Control options:

Hand-Off-Auto selec
tor switch
Speed Potentiometer
Pilot light options:

Power on pilot light (red)
Run pilot light (green)
Trip pilot light (yellow)
Auxiliary contacts:
1 NO/NC run contact
1 NO/NC trip contact
1 NO auto mode contact
Output Filter
Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
If additional trips are required in order to
provide energization supervision,
additional travel, expense and labor
charges will apply. To schedule date for
start of work, call: 1
-888-SQUARED
(1-888-778-2733).

Schneider Electric services must be contacted
prior to 3 weeks from the required date of
service to avoid additional charges.

Reference SE Terms and Conditions of Sale for
Proposal Based Projects 0100PL0043R03/20.

Formal test report(s) will be provided upon
completion of the startup service.

Trip summary:

Round Trip Distance: Up to 150 Miles
Technician will make 1 trip
to the job site
per day of service (total of trips)
Equipment to be started up and included in
this complimentary warranty is listed below.

Sel Rev: (20160224/20160224)
Tra Rev: 4/25/2023 8:16:24 PM/ 4/25/2023
*******************************************
Following user entered devices included in
startup:

Qty 2 Enclosed Process Drive
- 150HP and
above
*******************************************
30 month complimentary extended warranty.

Schneider Electric Services is pleased to
offer a complimentary 30
month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives and Softstarters.

Std equipment war
ranty is 18 months from
date of shipment or 12 months from
issuance of a substantial completion
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

The 30 month warranty extension
only
applies to equipment that is successfully
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but the
standard warranty and any purch
ased
extended warranties will still be in
effect.
1 - SRVRECRSTVFD30MO-30 MONTH BONUS STARTUP WARRANTY
DRIVES
Schneider Electric Services is
pleased to
offer a complimentary 30 month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives
and Softstarters.

Std equipment warranty is 18 months from
date of shipment or 12 months from
issuance of a substantial completion

Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

The 30 month warranty extension only
applies to equipment that is successfully
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but
the
standard warranty and any purchased
extended warranties will still be in
effect.

Seq # Qty Product Description
4 1 Designation : Startup 2 ATV930 Trip2
Product Details :
1 - SRVSTRTUPVSDSTD-Startup Services - Straight Time
Schneider Electric will perform the Scope of
Work per Schneider Electric document
1910DB1302-120213 "Scopes of Work for
Electrical Acceptance Testing."
Work will be performed during Straight Time
(any scheduled 8 hour period between 06:00
and 18:00 hours Monday thru Friday).

It is estimated that
the service will be
performed using one technician with all
equipment and tests performed in immediate
succession, unless otherwise specified.

If equipment is not available or prepared to
be tested in the number of days specified,
additional travel and ex
pense charges may
apply.

For each hour that SE Services is delayed at
the job site due to the unavailability of
the equipment for any reason, a charge at
the applicable T&M rates will be added to
the invoice.

Startup scope of work includes Schneider
Elect
ric technician supervision during
energization of equipment. Quote price is
based on energization during final day of
inspection and testing.

If additional trips are required in order to
provide energization supervision,
additional travel, expense and lab
or
charges will apply. To schedule date for
start of work, call: 1-888-SQUARED
(1-888-778-2733).

Schneider Electric services must be contacted
prior to 3 weeks from the required date of
service to avoid additional charges.

Reference SE Terms and Conditions of Sale for
Proposal Based Projects 0100PL0043R03/20.

Formal test report(s) will be provided upon
completion of the startup service.

Trip summary:

Round Trip Distance: Up to 150 Miles
Technician will make 1 trip to the job site
per day of servi
ce (total of trips)
Equipment to be started up and included in
this complimentary warranty is listed below.

Sel Rev: (20160224/20160224)
Tra Rev: 4/25/2023 8:17:47 PM/ 4/25/2023
*******************************************

Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
Following user entered devices included in
startup:

Qty 2 Enclosed Process Drive - 150HP and
above
*******************************************
30 month complimentary extended warranty.

Schneider Electric Services is pleased to
offer a complimentary 30 month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives and Softstarters.

Std equipment warranty is 18 months from
date of shi
pment or 12 months from
issuance of a substantial completion
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

The 30 month warranty extension only
applies to equipment that is s
uccessfully
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but the
standard warranty and any purchased
extended warranties will still
be in
effect.
1 - SRVRECRSTVFD30MO-30 MONTH BONUS STARTUP WARRANTY
DRIVES
Schneider Electric Services is pleased to
offer a complimentary 30
month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives and Softstarters.

Std equipment
warranty is 18 months from
date of shipment or 12 months from
issuance of a substantial completion
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

The 30 month warranty extensi
on only
applies to equipment that is successfully
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but the
standard warranty and any pu
rchased
extended warranties will still be in
effect.

Seq # Qty Product Description
5 1 Designation : Startup 2 ATV930 Trip3
Product Details :
1 - SRVSTRTUPVSDSTD-Startup Services - Straight Time
Schneider Electric will perform the Scope of
Work per Schneider Electric document
1910DB1302-120213 "Scopes of Work for
Electrical Acceptance Testing."
Work will be performed during Straight Time
(any scheduled 8 hour period between 06:00

Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
and 18:00 hours Monday thru Friday).

It is estimated that the service will be
performed using one technician with all
equipment and tests performed in immediate
succession, unless otherwise specified.

If equipment is not available or prepared to
be tested in the number of days spe
cified,
additional travel and expense charges may
apply.

For each hour that SE Services is delayed at
the job site due to the unavailability of
the equipment for any reason, a charge at
the applicable T&M rates will be added to
the invoice.

Startup scope
of work includes Schneider
Electric technician supervision during
energization of equipment. Quote price is
based on energization during final day of
inspection and testing.

If additional trips are required in order to
provide energization supervision,
ad
ditional travel, expense and labor
charges will apply. To schedule date for
start of work, call: 1-888-SQUARED
(1-888-778-2733).

Schneider Electric services must be contacted
prior to 3 weeks from the required date of
service to avoid additional charges.

Reference SE Terms and Conditions of Sale for
Proposal Based Projects 0100PL0043R03/20.

Formal test report(s) will be provided upon
completion of the startup service.

Trip summary:

Round Trip Distance: Up to 150 Miles
Technician will make 1 trip to the jo
b site
per day of service (total of trips)
Equipment to be started up and included in
this complimentary warranty is listed below.

Sel Rev: (20160224/20160224)
Tra Rev: 4/25/2023 8:18:53 PM/ 4/25/2023
*******************************************
Following
user entered devices included in
startup:

Qty 2 Enclosed Process Drive - 150HP and
above
*******************************************
30 month complimentary extended warranty.

Schneider Electric Services is pleased to
offer a complimentary 30 month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives and Softstarters.

Std equipment warranty
is 18 months from
date of shipment or 12 months from
issuance of a substantial completion
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

The 30 month warranty extension only
applies to equipment that is successfully

Proposal Name: Frisch Eng. Roseville VFD
project
Quote Number: Q-4073116
Quote Name: Frisch Eng. Roseville VFD R1 Quote Date: 04/25/2023 PRINTED : 4/25/2023 5:13 PM
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but the
standard warranty and any purchased
e
xtended warranties will still be in
effect.
1 - SRVRECRSTVFD30MO-30 MONTH BONUS STARTUP WARRANTY
DRIVES
Schneider Electric Services is pleased to
offer a complimentary 30 month warranty
extension above and beyond our standard
warranty and any purchased extended
warranties.

For details on 30 month complimentary
warranty please reference document
8800DB0101R05/18 Service Guide for AC
Drives and
Softstarters.

Std equipment warranty is 18 months from
date of shipment or 12 months from
issuance of a substantial completion
letter by the customer subject to
Schneider Electric Terms and Conditions
of Sale for Proposal Based Projects
0100PL0043R03/20.

T
he 30 month warranty extension only
applies to equipment that is successfully
started up, invoiced by SE, and paid in
full by the customer.

If startup with SE Services is not
completed and paid in full, the bonus 30
month warranty will be invalid, but the
standard warranty and any purchased
extended warranties will still be in
effect.

SANITATION • HYDRAULIC • AND PROCESSING EQUIPMENT

PLEASANTON SACRAMENTO STOCKTON
5976 W. Las Positas Blvd. #226Pleasanton, CA 94588Phone (925) 485-9720 2200 Sunrise Ave, Ste 240Gold River, CA 95670Phone (916) 309-4132 119 Val Dervin Parkway # 2Stockton, CA 95206Phone (209) 234-5909

QUOTATION
TO: Frisch Engineering, Inc13405 Folsom Blvd, Unit 600Folsom, CA 95630 DATE: 04-18-2023
QUOTE #: 111866
DESC: ABB ULH Cabinet Drives
JOB: Pleasant Grove WWTP IPS Rehabilitation
LOCATION: Roseville
ATTN: Thomas Frisch PHONE: (916) 812-8069
EMAIL: [email protected]

WE ARE PLEASED TO QUOTE ON THE FOLLOWING EQUIPMENT SUBJECT TO CONDITIONS

PRINTED ON LAST PAGE HEREOF, THESE CONDITIONS MAY BE CHANGED ONLY BY A WRITTEN STATEMENT SIGNED BY AN OFFICER OF SHAPE, INCORPORATED.
☒ F.O.B. FACTORY
☐ F.F.A. TO FIRST DESTINATION

ABB ULH Cabinet Drives
Line
# Qty Item Price
01 1 ACQ580-C03-240A-4+B054+C137+E205+F255+G302+G304+G328+H350+H352+K475+P902 ACQ580 NEMA-1 Filtered, Thermostatically Controlled Fan Cooling Drive Package.Provided with a single Cabinet Ultra Low Harmonic drive with (Rotary Mounted) DoorInterlocked Circuit Breaker. Rated at 480 Volts, for 240 amps (200 HP) with 110%overload for 1 minute every 10 minutes. Ratings based on use in environments with anambient temperature of 40°C or less and for elevations of 1000m or less. Rated 65kASCCR.

Base Part: ACQ580-34-240A-4
Included Options:[+B054]: IP42, UL type 1, NEMA 1[+C137]: Thermostatically Controlled Fan Cooling[+E205]: dV/dT Output Filter[+F255]: (Rotary Mounted) Door Interlocked Circuit Breaker[+G302]: Hand - Off - Auto Switch[+G304]: 115 VAC Control Transformer[+G328]: Run Pilot Light[+H350]: Bottom Entry[+H352]: Bottom Exit[+K475]: Dual Ethernet Adapter (Ethernet/IP, Modbus TCP, PROFINET)[+P902]: 20" (Minimum) empty cabinet on right side of enlcosure for customer use.

Approximate cabinet dimensions = 87H X 80W X 24D

02 1 ACQ580-C03-124A-4+B054+C137+E205+G302+G304+G328+H351+H352+K475 ACQ580 NEMA-1 Filtered, Thermostatically Controlled Fan Cooling Drive Package.Provided with a single Cabinet Ultra Low Harmonic drive with (Rotary Mounted) DoorInterlocked Circuit Breaker. Rated at 480 Volts, for 124 amps (100 HP) with 110%overload for 1 minute every 10 minutes. Ratings based on use in environments with anambient temperature of 40°C or less and for elevations of 1000m or less. Rated 65kASCCR.

Base Part: ACQ580-31-124A-4
Included Options:[+B054]: IP42, UL type 1, NEMA 1[+C137]: Thermostatically Controlled Fan Cooling[+E205]: dV/dT Output Filter[+F255]: (Rotary Mounted) Door Interlocked Circuit Breaker[+G302]: Hand - Off - Auto Switch[+G304]: 115 VAC Control Transformer[+G328]: Run Pilot Light[+H351]: Top Entry[+H352]: Bottom Exit[+K475]: Dual Ethernet Adapter (Ethernet/IP, Modbus TCP, PROFINET) Approximate cabinet dimensions = 72H X 36W X 24D

Notes and Clarifications:

Grand Total:

Notes:

1. QUOTE IS VALID FOR 45 DAYS, See attached TOCs for details

2. Price DOES NOT INCLUDE ANY APPLICABLE TAXES

3. Price DOES NOT INCLUDE Freight

4. Price does not include: installation, equipment unloading, conduit, interconnection drawings to other equipment, seismic calcs, anchor bolts, harmonic analysis, field services or any other items not listed.

5. ESTIMATED EQUIPMENT LEAD TIME: 64 weeks after approved submittals (subject to change depending on when the drives are releasead for fabrication)
SHAPE, INC.

Ricardo Garcia - [email protected]
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY

ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES.

NOTE: ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE. SALE SUBJECT TO MANUFACTURERS STANDARD TERMS AND CONDITIONS. 30% Re- stocking fee.

SHAPE, INC. - CONDITIONS OF SALE
Quote is valid for 45-days. Prices can only be guaranteed if scope is released for production within 120-days of quote date. Please note a PO does not constitute equipment release.

Interest of 1% per month will be charged on all past due accounts.

No retention will be allowed.

This quotation is based on the quantity and description of the material shown in the quotation.  We do not guarantee quantities, types, or arrangements of equipment listed – the correct takeoff is the responsibility of the contractor or customer.

We do not guarantee acceptance or approval of the equipment listed in this quotation since the selection and sizing of this equipment is, to the best of our knowledge, the equipment specified of as nearly equal as possible with the equipment listed.

The price stated in this proposal is for immediate acceptance.

Any sales or other tax not specifically mentioned in this proposal, applicable to the sale of any equipment or material listed herein which may become effective before the date of the final shipment, is to be added to the price quote herein.

All equipment shall remain the personal property of SHAPE, INC. until all payments have been made in cash, and the giving and accepting of drafts, notes, and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass title until said drafts, notes and/or trade acceptances are paid in full in cash.

If shipment is postponed at the request of the purchaser after manufacturer has been commenced, payment will be due on notice from us that the equipment is ready for shipment.  Pro rata payments shall be made for partial shipments.

We make every effort to ship on dates promised, and to maintain production schedules consistent therewith, but we are not liable for claims of damage or any other expense due to failure to meet the scheduled shipping date.

We guarantee that the equipment herein described will, when properly erected and operated in accordance with our instructions, perform the work for which it is sold.

We will assume no responsibility or expense for repairs made on the apparatus when done outside our factory without our written authority.

We do not guarantee prime movers, starting equipment, electrical apparatus, or materials not manufactured by us, same being covered by guarantees of their respective manufacturers.

We guarantee this equipment for one year from date of shipment against defects of workmanship or material, and will furnish F.O.B. our factory ant parts proven defective.  We assume no liability for corrosion or fouling of the equipment by any foreign material that may be deposited.

It is expressly understood we are not responsible for and will not be held liable for damage and/or injury caused to buildings, contents, products, or persons by reason of the installation of any of our products.

If attorney’s fees and costs must be incurred to enforce the condition of sale (whether or not legal action is instituted), the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

KLJM HN GP FR ES DT CW BX AY 11 33 55 77 99 1111 1313 1515 1717 1919 2121 2323 2525 2727 2929 3131 3333 3535 3737 3939 4141 4343 4545 4747 4949 5151 5353 5555 5757 5959 6161 6363 6565 6767 6969 7171 7373 7575 7777 7979 8181 8383 8585 8787 8989 9191 9393 9595 9797 9999 101101 We reserve all rights in this document and in the information contained therein. Reproduction, use, or disclosure to third parties without express written authority is strictly forbidden. ‰ ABB Drives Inc.

Cont.SheetDocument NumberReference NumberProject NameDescriptionByDateDescriptionRevBased On:ApprovedPreparedDateCheckedDept (Ref. A05-02)Rev 0, 95-08-07F-A05-02l0FIRST ISSUE3/31/2022TDTACQ580-C03-124A-4+P902100HP 480V 124A Ultra Low HarmonicEnclosure Layout DrawingD Tech W/WW StandardTCVTCVTDTENG.3/31/22123/31/22 NOTES:FINISH: ENCLOSURE-ANSI 61 GRAY.WEIGHT: APPROXIMATELY 800 LBS.HEAT LOSS: 2507 WATTSMATERIAL: 12GADIMENSIONS: INCHESCONSTRUCTION: NEMA TYPE 1/12CONDUIT ACCESS: TOP ENTRY / BOTTOM EXITCOMPONENT LOCATIONS ARE SUBJECT TO CHANGEACQ580-C03-124A-4+E205+P902100HP 480V 124A ULTRA LOW HARMONIC3PH INPUT / 3PH OUTPUTWITH 110% OVERLOAD FOR 1MIN/10MINRATINGS BASED ON 40C ENVIRONMENTSABGPOWER ONVFD RUNNINGVFD FAULT000001HOURS 1/10QUARTZGrnRedBlkSTOPRESETSTARTOFFHANDAUTOPOTENTIOMETER DETAIL A:30MM PILOT DEVICESENGRAVED TAGS: WHITE WITH BLACK LETTERS[+G328]Run LightPush-To-Test[+G329]Drive Fault LightPush-To-Test[+G403]Power On LightPush-To-Test[+G303]Speed Potentiometer[+G401]Start/Stop Push Buttons[+G302]Hand-Off-Auto3-Pos. Switch[+G403]Reset Push Button[+G393]Elapsed-Time-MeterEMERGENCYSTOP[+G331]Emergency Stop Push ButtonTAG ID[+G391]Engraved laminated enclosure nameplate2" X 5", White with black letters Motor Connection: 6AWG-350MCM

RECOMMENDED CONDUIT ACCESS AREA(TO BE CUT DURING INSTALLATION) X2 EXTERNAL VIEW
25323.0323.0
FAN1FAN2
EXH1EXH2
25323.0323.0
CB72.00

36.0024.00

FRONT VIEW

TOP VIEW

LEFT SIDE VIEWRIGHT SIDE VIEW

ABGEMERGENCYSTOP
TAG ID
POWER ONVFD RUNNINGVFD FAULTKPES000001HOURS 1/10QUARTZ DETAIL AGrnRedBlkSTOPRESETSTARTOFFHANDAUTOPOTENTIOMETER CAUTIONATTENTIONVOLTAGE MAY BE PRESENT FROM MORETHAN ONE SOURCE AND SHOULD BEDISCONNECTED FOR SERVICING.PEUT ETRE SOUS TENSION DE PLUS D'UNESOURCE D'ALIMENT ELECTRIQUE. COUPER TOUTES LESSOURCES D'ALIMENTATION AVANT LE DEPANNAGE.RISK OF FIRE OR ELECTRIC SHOCK-The opening of the branch-circuit protective device maybe and indication that a fault current has beeninterrupted. All current-carrying parts and othercomponents protected by this device should beexamined and replaced if damaged. If burnout of acurrent element of an overload relay occurs, thecomplete overload relay must be replaced.WARNING Wait at least 5 minutes after disconnectingsupply before continuing to work.Consult the Installation & Start-Up Manualbefore working on the frequency converter.WARNING!ATTENTION!!Attendre au moins 5 min apres sectionnementde l'alimntation pour travailler sur l'appareil.Consulter le Manuel d'installation et de miseend route avant d'intervenir sur le convertisseurde frequence.

4.414.014.03.621.011.55.47.2BOTTOM VIEW

INTERNAL PANEL VIEW
CB200A65KAICDR1
ACQ580-31-124A-41AWGFU2,3CPT
32509070100130140
PfannenbergELECTRO TECHNOLGY FOR INDUSTRY
Line Connection: 10AWG-250
1234567891011121314151617181920

DETAIL B
SURGE PROTECTIVE DEVICESP2SPDFU1
JJS110-200
LSCR001
LSCR001
JJS110-200
LSCR001
LSCR001
JJS110-200
LSCR001
LSCR001
OF
A1 B1 C1A2 B2 C2 32509070100130140
PfannenbergELECTRO TECHNOLGY FOR INDUSTRY
DETAIL B:CONNECTION DIAGRAMTAS - Fan Thermostat[+C137]CR3 - Drive Fault (-1)[+G329]auto speed reference12345678910111213141516171819GNDanalog in commonoutput frequencyanalog out commonautostart from plc [+G302]vfd running to plc [+G328]vfd fault to plc [+G329]CR2 - Drive Running[+G328]CR1 - Start Command[+G302]optionalGroundshield

RIGHT SIDE VIEW
DR1

FRONT VIEW
LCL

78.39A-A VIEWTOP VIEW
FU1
AA
25323.0323.0 25323.0323.0 25323.0323.0

23.82 Marathon p/n 1453610, 760A1/2-13 x 1.31 stud / (2) 4AWG-500kcmil X2

90.81 NOTES:FINISH:ENCLOSURE-RAL 7035 LIGHT GRAY.WEIGHT:APPROXIMATELY 1620 LBS.HEAT LOSS: 5570 WATTSMATERIAL: 12GADIMENSIONS: INCHESCONSTRUCTION: NEMA TYPE 1/12CONDUIT ACCESS: TOP ENTRY / BOTTOM EXITCOMPONENT LOCATIONS ARE SUBJECT TO CHANGEACQ580-C03-240A-4+E205+P902200HP 480V 240A ULTRA LOW HARMONIC3PH INPUT / 3PH OUTPUTWITH 110% OVERLOAD FOR 1MIN/10MINRATINGS BASED ON 40C ENVIRONMENTS ABG POWER ONVFD RUNNINGVFD FAULT000001HOURS 1/10QUARTZ GrnRedBlkSTOPRESETSTARTOFFHANDAUTOPOTENTIOMETER
DETAIL A:30MM PILOT DEVICESENGRAVED TAGS: WHITE WITH BLACK LETTERS[+G328]Run LightPush-To-Test[+G329]Drive Fault LightPush-To-Test[+G403]Power On LightPush-To-Test [+G303]Speed Potentiometer[+G401]Start/Stop Push Buttons[+G302]Hand-Off-Auto3-Pos. Switch[+G403]Reset Push Button [+G393]Elapsed-Time-Meter
Motor Connection: (2)4AWG - 500MCM

EMERGENCYSTOP
[+G331]Emergency Stop Push ButtonTAG ID[+G391]Engraved laminated enclosure nameplate2" X 5", White with black letters

EXTERNAL VIEW

RECOMMENDED CONDUIT ACCESS AREA(TO BE CUT DURING INSTALLATION)

INTERNAL PANEL VIEWLEFT SIDE VIEW

ABGEMERGENCYSTOP POWER ONVFD RUNNINGVFD FAULT
KP
000001HOURS 1/10QUARTZ
DETAIL AGrnRedBlkSTOPRESETSTARTOFFHANDAUTOPOTENTIOMETER TAG ID
CAUTIONATTENTIONVOLTAGE MAY BE PRESENT FROM MORETHAN ONE SOURCE AND SHOULD BEDISCONNECTED FOR SERVICING.PEUT ETRE SOUS TENSION DE PLUS D'UNESOURCE D'ALIMENT ELECTRIQUE. COUPER TOUTES LESSOURCES D'ALIMENTATION AVANT LE DEPANNAGE.

RISK OF FIRE OR ELECTRIC SHOCK-The opening of the branch-circuit protective device maybe and indication that a fault current has beeninterrupted. All current-carrying parts and othercomponents protected by this device should beexamined and replaced if damaged. If burnout of acurrent element of an overload relay occurs, thecomplete overload relay must be replaced.WARNING Wait at least 5 minutes after disconnectingsupply before continuing to work.Consult the Installation & Start-Up Manualbefore working on the frequency converter.WARNING!ATTENTION!!Attendre au moins 5 min apres sectionnementde l'alimntation pour travailler sur l'appareil.Consulter le Manuel d'installation et de miseend route avant d'intervenir sur le convertisseurde frequence.

FU2,3CPTCB400A65KAIC
32509070100130140
PfannenbergELECTRO TECHNOLGY FOR INDUSTRY
SURGE PROTECTIVE DEVICESP2
SPD2x20
KL JM HN GP FR ES DT CW BX AY 11 33 55 77 99 1111 1313 1515 1717 1919 2121 2323 2525 2727 2929 3131 3333 3535 3737 3939 4141 4343 4545 4747 4949 5151 5353 5555 5757 5959 6161 6363 6565 6767 6969 7171 7373 7575 7777 7979 8181 8383 8585 8787 8989 9191 9393 9595 9797 9999 101101 We reserve all rights in this document and in the information contained therein. Reproduction, use, or disclosure to third parties without express written authority is strictly forbidden. ‰ ABB Drives Inc.

Cont.SheetDocument NumberReference NumberProject NameDescriptionByDateDescriptionRevBased On:ApprovedPreparedDate CheckedDept (Ref. A05-02)Rev 0, 95-08-07F-A05-02l0QUOTE SAMPLE4/18/2023MJKACQ580-C03-240A-4+P902200HP 480V 240A Ultra Low HarmonicENCLOSURE LAYOUT DRAWINGQUOTE SAMPLETCVTCVMJKENG.4/18/2023RFQ 87960124/18/2023 Line Connection: (2)3/0-250
OF
32509070100130140
PfannenbergELECTRO TECHNOLGY FOR INDUSTRY
DETAIL B:CONNECTION DIAGRAMTAS - Fan Thermostat[+C137]CR3 - Drive Fault (-1)[+G329]auto speed reference12345678910111213141516171819GND analog in commonoutput frequencyanalog out commonautostart from plc [+G302]vfd running to plc [+G328]vfd fault to plc [+G329] CR2 - Drive Running[+G328]CR1 - Start Command[+G302]
optionalGround
shield
City of Roseville
Pleasant Grove Wastewater Treatment Plant
Influent Pump Station Rehabilitation
SYBLON REID Proposal – Negotiated Resubmittal Per meeting on June 7, 2023

Providing Solutions to Difficult Projects
- 57 -
Appendix C – Pump Cut Sheets