Agenda packet — Rocklin City Council, February 27, 2024 (part 2 of 3)

227
City of Rocklin
Net Position by Component
Last Ten Fiscal Years
(accrual basis of accounting)
Governmental activities:

Net investment in capital assets
Restricted
Unrestricted
Total Governmental Activities Net Position
Table 1
2019 2020 2021 2022 2023
305,852,202$ 310,136,678 $ 321,321,668 $ 313,671,890 $ 329,441,747 $ 40,348,047 34,989,621 26,027,928 40,765,135 36,012,891 2,040,874 3,219,038 24,261,106 52,332,480 54,883,778 348,241,123$ 348,345,337 $ 371,610,702 $ 406,769,505 $ 420,338,416 $

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228
Table 2
City of Rocklin
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
2014 2015 2016 2017 2018
Expenses
Governmental Activities:

General Government 12,616,551$ 12,774,913 $ 18,001,976 $ 15,594,154 $ 13,624,066 $ Public Safety 20,157,508 18,646,375 18,957,624 23,573,244 25,317,294 Public Services 26,870,694 29,624,287 21,964,264 24,091,079 25,484,445 Parks and Recreation - - 2,623,712 1,680,297 5,156,203 Community Development 2,111,334 2,070,085 2,892,219 3,648,661 5,324,033 Interest Expense 521,835 570,731 423,478 997,448 871,020 Total Governmental Activities Expenses 62,277,922 63,686,391 64,863,273 69,584,883 75,777,061 Total Primary Government Expenses 62,277,922 63,686,391 64,863,273 69,584,883 75,777,061 Program Revenues
Governmental Activities:

Charges For Services:

General Government
1,488,847 1,530,256 1,754,860 1,546,035 2,033,211 Public Safety 1,002,360 1,057,928 1,053,903 1,175,654 1,443,940 Public Services 5,164,288 4,805,284 3,176,280 1,123,692 112,424 Parks and Recreation - - 817,342 817,551 1,884,019 Community Development 3,663,216 3,821,613 5,562,685 6,166,673 8,351,454 Operating Grants and Contributions 5,027,116 5,280,395 11,304,860 8,407,506 5,630,734 Capital Grants and Contributions 3,031,936 185,434 12,126,192 1,979,083 1,502,079 Total Governmental Activities Program Revenues 19,377,763 16,680,910 35,796,122 21,216,194 20,957,861 Total Primary Government Program Revenues 19,377,763 16,680,910 35,796,122 21,216,194 20,957,861 Net (Expense)/Revenue
Governmental activities
(42,900,159) (47,005,481) (29,067,151) (48,368,689) (54,819,200) Total Primary Government Net Expense (42,900,159) (47,005,481) (29,067,151) (48,368,689) (54,819,200)

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229
City of Rocklin
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
Expenses
Governmental Activities:

General Government
Public Safety
Public Services
Parks and Recreation
Community Development
Interest Expense
Total Governmental Activities Expenses
Total Primary Government Expenses
Program Revenues
Governmental Activities:

Charges For Services:

General Government
Public Safety
Public Services
Parks and Recreation
Community Development
Operating Grants and Contributions
Capital Grants and Contributions
Total Governmental Activities Program Revenues
Total Primary Government Program Revenues
Net (Expense)/Revenue
Governmental activities
Total Primary Government Net Expense
Table 2
2019 2020 2021 2022 2023
17,129,907$ 18,919,254 $ 13,264,359 $ 10,100,380 $ 17,316,721 $ 26,650,923 27,875,173 31,074,009 26,806,881 33,989,917 24,158,972 22,608,920 25,316,166 25,268,546 23,913,391 5,727,541 5,232,182 6,195,287 6,657,032 7,390,432 5,083,451 4,351,848 4,384,615 3,827,237 5,132,246 411,670 382,640 336,460 299,252 76,403 79,162,464 79,370,017 80,570,896 72,959,328 87,819,110 79,162,464 79,370,017 80,570,896 72,959,328 87,819,110 1,617,348 637,675 704,469 462,529 604,579 1,472,824 1,412,661 1,532,092 1,555,297 1,731,051 111,789 123,829 192,839 179,834 142,386 1,262,352 1,275,472 1,383,594 1,608,690 2,215,373 6,842,726 6,260,466 9,260,016 7,144,338 4,684,967 5,409,336 5,283,807 10,405,582 7,627,523 5,844,166 16,661,798 3,481,727 1,647,362 15,325,597 7,822,971 33,378,173 18,475,637 25,125,954 33,903,808 23,045,493 33,378,173 18,475,637 25,125,954 33,903,808 23,045,493 (45,784,291) (60,894,380) (55,444,942) (39,055,520) (64,773,617) (45,784,291) (60,894,380) (55,444,942) (39,055,520) (64,773,617)

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230
Table 2
City of Rocklin
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
2014 2015 2016 2017 2018
General Revenues and Other
Changes In Net Position
Governmental Activities:

Taxes:

Property Taxes 10,347,611 10,921,437 9,833,055 10,641,721 11,412,312 Sales and Use Taxes 6,329,277 7,576,526 12,868,331 12,951,595 14,142,141 Gas Tax 4,645,010 4,709,456 4,634,924 4,532,443 5,007,488 Transient Occupancy Tax 474,424 539,796 572,498 730,719 871,468 Other Taxes 6,791,713 8,402,248 8,959,418 9,510,931 9,643,071 Motor Vehicle Fees 3,610,829 3,891,452 4,218,989 4,505,705 4,783,848 Franchise Fees 1,957,384 2,059,195 2,123,205 2,119,222 2,174,681 Impact Fees 2,011,105 3,124,079 3,045,750 3,682,003 4,444,008 Investment Earnings 1,531,756 1,789,996 1,879,887 1,453,126 1,273,404 Other Revenues 156,152 868,893 727,498 128,143 1,128,526 Gain (Loss) on Sale of Assets - (189,630) (767,147) 22,397 15,608 Extraordinary Gain on Dissolution of RDA 11,481,353 - - - - Payments to Agency Funds for Debt Defeasance - - - - (4,605,013) Settlements and recoveries - - - - - Total Governmental Activities 49,336,614 43,693,448 48,096,408 50,278,005 50,291,542 Total Primary Government 49,336,614 43,693,448 48,096,408 50,278,005 50,291,542 Change In Net Position
Governmental activities 6,436,455 (3,312,033) 19,029,257 1,909,316 (4,527,658) Total Primary Government 6,436,455$ (3,312,033) $ 19,029,257 $ 1,909,316 $ (4,527,658) $

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231
City of Rocklin
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
General Revenues and Other
Changes In Net Position
Governmental Activities:

Taxes:

Property Taxes
Sales and Use Taxes
Gas Tax
Transient Occupancy Tax
Other Taxes
Motor Vehicle Fees
Franchise Fees
Impact Fees
Investment Earnings
Other Revenues
Gain (Loss) on Sale of Assets
Extraordinary Gain on Dissolution of RDA
Payments to Agency Funds for Debt Defeasance
Settlements and recoveries
Total Governmental Activities
Total Primary Government
Change In Net Position
Governmental activities
Total Primary Government
Table 2
2019 2020 2021 2022 2023

17,790,239 19,143,185 20,385,991 21,600,498 23,530,699 16,980,818 16,316,611 20,742,761 22,024,957 20,283,218 4,997,713 6,150,082 4,855,477 7,311,965 7,542,652 1,010,227 745,025 688,896 974,865 1,042,949 10,398,211 11,047,706 12,297,217 14,683,952 15,482,638 32,079 54,807 51,597 81,409 73,456 2,227,304 2,267,704 2,351,705 2,443,215 2,615,012 2,932,544 3,399,165 3,395,078 2,734,639 806,825 1,920,980 2,254,102 408,164 (654,681) 2,904,931 1,059,860 471,755 918,842 2,895,645 293,924 2,731 (851,548) 13,250 117,859 11,000 - - - - - - - - - - - - - - 3,755,224 59,352,706 60,998,594 66,108,978 74,214,323 78,342,528 59,352,706 60,998,594 66,108,978 74,214,323 78,342,528 13,568,415 104,214 10,664,036 35,158,803 13,568,911 13,568,415$ 104,214$ 10,664,036$ 35,158,803$ 13,568,911$

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232
Table 3
City of Rocklin
Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
2014 2015 2016 2017 2018
General Fund:

Nonspendable 1,408,708$ 1,408,708 $ 1,408,708 $ 1,408,708 $ 1,057,689 $ Committed 24,933,009 26,094,211 23,292,378 23,788,872 24,928,400 Unassigned 7,085,097 6,667,356 8,360,590 8,277,801 8,528,815 Total General Fund 33,426,814 34,170,275 33,061,676 33,475,381 34,514,904 All Other Governmental Funds:

Nonspendable
13,648,993 13,043,086 13,757,503 15,437,725 11,398,703 Restricted 24,412,499 21,804,777 23,287,775 35,084,069 19,018,164 Committed 2,326,197 3,645,358 2,664,534 5,050,480 11,660,760 Assigned 5,162,428 - - - - Unassigned (3,963,333) (2,613,160) (3,836,388) (3,714,759) (1,489,422) Total All Other Governmental Funds 41,586,784 35,880,061 35,873,424 51,857,515 40,588,205 Total All Governmental Funds 75,013,598$ 70,050,336 $ 68,935,100 $ 85,332,896 $ 75,103,109 $

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233
City of Rocklin
Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
General Fund:

Nonspendable
Committed
Unassigned
Total General Fund
All Other Governmental Funds:

Nonspendable
Restricted
Committed
Assigned
Unassigned
Total All Other Governmental Funds
Total All Governmental Funds

Table 3
2019 2020 2021 2022 2023
226,617$ 89,773 $ 78,115 $ 54,901 $ 60,979 $ 24,830,167 15,579,960 16,818,145 26,408,553 35,198,542 13,157,856 12,255,196 20,424,550 21,575,015 18,960,635 38,214,640 27,924,929 37,320,810 48,038,469 54,220,156 491,455 491,455 491,455 491,455 491,455 43,404,491 34,861,603 25,536,473 40,273,680 35,521,436 13,562,550 16,672,706 21,942,981 25,987,868 27,218,152 - - - - - (399,667) (731,310) (345,365) (2,210,385) (1,604,633) 57,058,829 51,294,454 47,625,544 64,542,618 61,626,410 95,273,469$ 79,219,383$ 84,946,354$ 112,581,087$ 115,846,566$

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234
Table 4
City of Rocklin
Changes in Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
2014 2015 2016 2017 2018
Revenues
Taxes and ssessments 35,251,049$ 37,896,309 $ 40,369,523 $ 46,579,731 $ 47,254,480 $ Licenses and permits 2,078,971 2,310,009 3,004,681 3,206,481 3,819,110 Fines and forfeitures 160,913 564,913 227,817 378,658 428,674 Intergovernmental 8,599,289 5,412,142 9,666,864 8,077,195 8,450,768 Charges for services 5,233,861 4,345,836 2,629,221 2,861,823 4,071,862 Use of money and property 2,428,172 2,685,218 2,778,659 2,407,423 2,232,378 Contributions from Community Facilities Districts - - - - - Contributions from developers and homeowners 1,695,692 2,850,688 4,744,217 2,017,824 2,861,773 Other revenues 2,422,566 4,237,970 6,151,550 5,499,670 6,403,899 Total Revenues 57,870,513 60,303,085 69,572,532 71,028,805 75,522,944 Expenditures
General government 10,437,917 13,705,937 18,233,061 16,261,455 12,924,203 Public safety 18,746,706 19,489,176 20,460,097 20,758,713 22,357,043 Public Services 16,707,672 19,237,232 14,272,425 13,960,714 13,654,648 Parks and recreation - - 1,584,662 1,695,318 4,862,875 Community development 2,111,334 2,228,394 2,963,265 4,041,210 4,941,424 Capital outlay 8,239,277 9,313,759 17,525,161 4,863,869 22,961,872 Debt service:

Principal 1,030,000 1,070,000 1,110,000 1,160,000 1,811,481 Interest and fiscal charges 534,222 584,681 438,478 683,729 691,572 Total Expenditures 57,807,128 65,629,179 76,587,149 63,425,008 84,205,118 Excess of Revenues Over(Under) Expenditures 63,385 (5,326,094) (7,014,617) 7,603,797 (8,682,174) Other Financing Sources(Uses)
Settlements and recoveries - - - - - Transfer from successor agency 11,481,353 - - - - Transfers from (to) internal service funds 39,700 362,832 46,600 51,500 57,400 Defeasance of debt - - - (1,401,322) (5,000,077) Long-term debt proceeds - - 5,852,781 10,143,821 8,000,077 Total Other Financing Sources(Uses) 11,521,053 362,832 5,899,381 8,793,999 3,057,400 Special Items - - - - (4,605,013) Net Change In Fund Balances 11,584,438$ (4,963,262) $ (1,115,236) $ 16,397,796 $ (10,229,787) $ Debt Service as Percentage of Noncapital
Expenditures 3.2% 3.0% 2.6% 3.1% 4.1%

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235
City of Rocklin
Changes in Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
Revenues
Taxes and ssessments
Licenses and permits
Fines and forfeitures
Intergovernmental
Charges for services
Use of money and property
Contributions from Community Facilities Districts
Contributions from developers and homeowners
Other revenues
Total Revenues
Expenditures
General government
Public safety
Public Services
Parks and recreation
Community development
Capital outlay
Debt service:

Principal
Interest and fiscal charges
Total Expenditures
Excess of Revenues Over(Under) Expenditures
Other Financing Sources(Uses)
Settlements and recoveries
Transfer from successor agency
Transfers from (to) internal service funds
Defeasance of debt
Long-term debt proceeds
Total Other Financing Sources(Uses)
Special Items
Net Change In Fund Balances
Debt Service as Percentage of Noncapital
Expenditures
Table 4
2019 2020 2021 2022 2023
57,209,318$ 59,761,843 $ 66,307,219 $ 71,341,177 $ 71,681,028 $ 3,459,621 3,711,150 5,360,470 4,627,174 3,414,000 434,809 360,689 388,974 366,458 297,009 3,454,813 4,695,501 4,014,160 5,538,565 15,049,309 3,560,821 2,972,542 2,867,394 2,875,150 2,450,964 2,951,821 3,173,650 1,062,862 540,780 4,180,746 15,004,585 - - 13,000,000 - 1,785,491 1,616,562 2,887,627 1,752,919 7,304,428 5,602,179 4,008,934 3,979,289 3,020,547 565,500 93,463,458 80,300,871 86,867,995 103,062,770 104,942,984 17,007,146 21,348,114 13,919,998 11,024,751 17,432,399 24,431,060 28,092,395 30,201,672 30,773,624 32,773,240 13,705,894 13,959,688 13,504,844 13,503,446 14,083,908 5,638,206 5,748,384 6,344,429 6,679,151 7,323,934 4,851,224 4,525,119 4,326,346 4,582,399 5,033,262 6,252,105 16,448,706 11,220,053 7,246,514 26,314,448

1,069,678 1,241,255 1,295,918 1,326,650 1,294,760 403,221 434,189 377,010 339,802 332,278 73,358,534 91,797,850 81,190,270 75,476,337 104,588,229 20,104,924 (11,496,979) 5,677,725 27,586,433 354,755 - - - - 3,755,224 - - - - - 65,436 (4,557,107) 49,246 48,300 (844,500) - - - - - - - - - - 65,436 (4,557,107) 49,246 48,300 2,910,724 - - - - - 20,170,360$ (16,054,086)$ 5,726,971$ 27,634,733$ 3,265,479$

2.1% 2.3% 2.4% 2.4% 2.1%

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236
Table 5
City of Rocklin
Assessed Value of Taxable Property
June 30, 2023
(in thousands of dollars)
City of Rocklin
Taxable Total
Fiscal Public Assessed Direct Tax
Year Secured Utility Unsecured Value Rate
2014 6,603,652,182 9,515,170 130,907,829 6,744,075,181 1.00 2015 7,140,101,337 9,515,170 123,619,076 7,273,235,583 1.00 2016 7,732,821,234 9,209,410 148,270,416 7,890,301,060 1.00 2017 8,254,665,596 9,209,410 159,873,122 8,423,748,128 1.00 2018 8,864,135,830 9,121,300 163,939,388 9,037,196,518 1.00 2019 9,624,788,062 9,121,300 175,233,065 9,809,142,427 1.00 2020 10,396,063,477 9,121,300 178,711,195 10,583,895,972 1.00 2021 11,019,162,123 9,121,300 191,718,373 11,220,001,796 1.00 2022 11,676,833,963 10,121,900 193,673,828 11,880,629,691 1.00 2023 12,640,035,325 10,121,900 202,882,065 12,853,039,290 1.00 Source: Placer County Assessor's Office
237
Table 6
City of Rocklin
Direct and Overlapping Property Tax Rates
June 30, 2023
(Rate per $100 of assessed valuation)
Rocklin
Placer Unified Total
Fiscal Basic Total Loomis Union School Roseville Roseville Sierra Tax Year Rate Direct Elementar y High District Elementar y High Colle geR a t e 2014 1.000 1.000 0.022 0.028 0.136 0.044 0.051 0.000 1.281 2015 1.000 1.000 0.020 0.019 0.136 0.046 0.048 0.000 1.270 2016 1.000 1.000 0.020 0.015 0.134 0.043 0.045 0.000 1.258 2017 1.000 1.000 0.016 0.024 0.039 0.044 0.050 0.000 1.173 2018 1.000 1.000 0.016 0.026 0.142 0.012 0.052 0.000 1.247 2019 1.000 1.000 0.014 0.024 0.118 0.010 0.044 0.000 1.210 2020 1.000 1.000 0.014 0.045 0.109 0.010 0.048 0.016 1.242 2021 1.000 1.000 0.012 0.044 0.104 0.010 0.042 0.015 1.227 2022 1.000 1.000 0.013 0.047 0.094 0.010 0.035 0.014 1.212 2023 1.000 1.000 0.011 0.049 0.080 0.009 0.034 0.019 1.202

Source: Placer County Assessor Tax Rate Table
Direct Rates Overlapping Rates
238
Table 7
City of Rocklin
Principal Property Tax Payers
Current Year and Nine Years Ago
(1) Percentage Percentage
Primary Taxable of Total Taxable of Total
Land Assessed Assessed Assessed Assessed
Taxpayer Use Valuation Rank Valuation Valuation Rank Valuation Meridian Apartments LP Residential 81,711,449$ 1 0.64% Rhino Holdings Blue Oaks LLC Commercial 72,515,216 2 0.56% TCG Rocklin Campus LLC Institutional 61,216,243 3 0.48% Garnet Creek LLC Residential 57,859,005 4 0.45%
Evergreen SR 1011 LP Commercial 54,673,982 5 0.43% PF Portfolio 2 LP Commercial 43,250,000 6 0.34%
Winsted Apartments LP Residential 40,733,062 7 0.32% MG Rocklin California LLC Institutional 40,663,633 8 0.32% Demmon Rocklin Ranch Partners LP Residential 40,119,484 9 0.31% Walmart Real Estate Business Trust Commercial 39,498,879 10 0.31% Meridian Apartments LP Residential 70,599,019 1 1.05% MGP X Properties LLC Commercial 64,100,000 2 0.95% Demmon Rocklin Ranch Partners LP Residential 34,627,244 3 0.51% Sunset Court at Stanford Ranch-344 LLC Residential 31,962,475 4 0.47% ARHC Carocca01 Institutional 29,018,095 5 0.43% United Natural Foods Inc. Industrial 28,332,557 6 0.42% Montessa Management LP Residential 28,100,860 7 0.42% Winstead Partners LLC Residential 26,093,263 8 0.39% Williams Portfolio 8 Residential 24,745,730 9 0.37% OPUS Real Estate CA VII Rocklin LP Commercial 24,349,459 10 0.36% Totals 532,240,953 $ 4.14% 361,928,702 $ 5.37%
2023 2014
Source(s): HdL Coren and Cone and Placer County Assessor Combined Tax Rolls and the SBE Non Unitary Tax Roll and Placer County Assessor 2021/2022 Combined Tax Rolls and the SBE Non Unitary Tax Roll. (1) Estimated calculations are performed on a parcel level, county/controllers' office neither calculates nor apportions revenues at a parcel level.
239
Table 8
City of Rocklin
Direct and Overlapping Debt
June 30, 2023
2022/2023 Assessed Valuation: 12,855,187,505 $
City's Share
Overlapping Tax and Assessment Debt: Total Debt % Applicable (1) of Debt Sierra Joint Community College District School Facilities Improvement Dist No. 4 211,025,000$ 15.127% 31,921,752 $ Rocklin Unified School District 26,890,273 99.094% 26,646,647 Placer Union High School District 56,447,419 3.203%/8.743% 3,918,474 Roseville Joint Union High School District 107,654,772 0.060% 64,593 Loomis Union School District 690,000 11.506% 79,391 Roseville City School District 9, 224,633 0.100% 9,225 Rocklin Unified School District Community Facilities District No. 1 6, 932,656 100% 6,932,656 Rocklin Unified School District Community Facilities District No. 2 6, 000,140 100% 6,000,140 Rocklin Unified School District Community Facilities District No. 3 24, 790,000 100% 24,790,000 City of Rocklin Community Facilities District No. 6 228,923 100% 228,923 City of Rocklin Community Facilities District No. 8 592,448 100% 592,448 City of Rocklin Community Facilities District No. 9 705,435 100% 705,435 City of Rocklin Community Facilities District No. 10 50, 060,000 100% 50,060,000 City of Rocklin Community Facilities District No. 11 4, 090,000 100% 4,090,000 California Municipal Finance Authority Community Facilities District No. 2020-5 2,830,000 100% 2,830,000 California Municipal Finance Authority Community Facilities District No. 2022-9 615,000 100% 615,000 California Municipal Finance Authority Community Facilities District No. 2022-10 3,500,000 100% 3,500,000 California Statewide Community Development Authority 1915 Act Bonds 15,249,346 100% 15,249,346 Total overlapping tax and assessment debt 178,234,030$
Direct and Overlapping General Fund Debt:

Placer County General Fund Obligations 81,385,000 $ 13.100% 10,661,435 $ Sierra Joint Community College District Certificates of Participation 802,000 10.029% 80,433 Rocklin Unified School District General Fund Obligations 19,219,000 99.094% 19,044,876 Roseville Joint Union High School District Certificates of Participation 61, 150,000 0.060% 36,690 Roseville City School District General Fund Obligations 6,847,705 0.100% 6,848 City of Rocklin Lease Revenue Bonds 7,380,000 100% 7,380,000 City of Rocklin Direct Borrowings 2,043,741 100% 2,043,741 South Placer Fire Protection District Certificates of Participation 4,525,000 0.897% 40,589 Placer Mosquito & Vector Control District General Fund Obligations 1,854,000 13.100% 242,874 Total direct and overlapping general fund debt 39,537,486$ Overlapping Tax Increment Debt (Successor Agency) 16,100,000$ 100% 16,100,000 $ Total direct debt 9,423,741$
Total overlapping debt 224,447,775$
Combined Total Debt 233,871,516$ (2)
Ratios to Assessed Valuation:

Total Overlapping Tax and Assessment Debt 1.39%
Total Direct Debt 0.07%
Combined Total Debt 1.82%
Ratios to Redevelopment Successor Agency Incremental Valuation ($1,343,938,839):

Total Overlapping Tax Increment Debt 1.20%
(1) The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value. Applicable percentages were estimated by determining the portion of the overlapping district's assessed value that is within the boundaries of the city divided by the d istrict's total taxable assessed value. (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue, and non-bonded capital lease obligations.

Source: California Municipal Statistics, Inc.
240
Table 9
City of Rocklin
Pledged-Revenue Coverage
Last Ten Fiscal Years
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Lease Revenue Bonds
Police Department Building Lease Revenue - - - - 513,939$ 458,034 $ 418,322 $ 531,537 $ 530,918 $ 531,840 $ Debt service:

Principal - - - - 495,000 520,000 245,000 260,000 270,000 285,000 Interest - - - 180,973 328,725 303,350 284,225 271,600 258,350 244,475 Total - - - 180,973 823,725 823,350 529,225 531,600 528,350 529,475 Coverage - - - - 0.62 0.56 0.79 1.00 1.00 1.00 Certificates of Participation
Police Department Building Lease Revenue 535,807$ 539,302 $ 536,454$ 516,077 $ n/a n/a n/a n/a n/a n/a Debt service:

Principal 430,000 450,000 465,000 485,000 n/a n/a n/a n/a n/a n/a Interest 105,810 89,305 71,455 31,078 n/a n/a n/a n/a n/a n/a Total 535,810 539,305 536,455 516,078 n/a n/a n/a n/a n/a n/a Coverage 1.00 1.00 1.00 1.00 n/a n/a n/a n/a n/a n/a Note: Certificates of Participation were refunded with Lease Revenue Bonds on 11/1/2016. Lease Revenue Bonds have cash from refunding to apply towards interest.

Details regarding the city's outstanding debt can be found in the notes to the financial statements. 241
Table 10
City of Rocklin
Principal Employers - Top 10
Current Year and Nine Years Ago
2023 2014
Percent of Percent of
Number of Total Number of Total
Employer Employees Ran k Employment Employees Ran k Employment Horizon West Healthcare, Inc. 1,204 1 19.80% Sierra Joint Community College District 1,200 2 19.74% 480 5 10.16% Rocklin Unified School District 1,000 3 16.45% 860 1 18.21% S.E. Scher Corporation 663 4 10.90%
Oracle America, Inc. 500 5 8.22% 800 2 16.94% American Healthcare Administrative Services, Inc. 490 6 8.06% United Natural Foods West, Inc. (UNFI) 385 7 6.33% 700 3 14.82% City of Rocklin 238 8 3.91% 262 9 5.55% Educational Media Foundation (K-LOVE Radio) 200 9 3.29% 300 7 6.35% SMA America Producton LLC 200 10 3.29%
Esurance Insurance Services, Inc. 520 4 11.01% Walmart 325 6 6.88%
UPS 276 8 5.84%
Pacific Gas & Electric (PG&E) 200 10 4.23% Total 6,080 100% 4,723 100%
Source: Lightcast, ESRI and D&B Hoovers, City of Rocklin as of April 25, 2023 Note: Number of Employees are self-reported by Employers. 242
Table 11
City of Rocklin
Operating Indicators By Function
Last Ten Fiscal Years
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Function:

Public Safety
911 Calls processed 13,950 13,810 15,322 18,638 17,271 18,215 18,736 20,184 18,437 Note 3 Officer initiated activity 20,626 25,048 21,008 21,221 23,018 25,801 18,524 20,634 19,714 Note 3 Felony arrests 498 310 291 306 253 241 295 301 373 Note 3 Misdemeanor arrests 710 838 782 740 922 893 647 760 842 Note 3 Citations issued 3,037 3,607 3,317 2,704 3,648 3,701 2,190 3,091 3,047 Note 3 Community Development
Building Permits Issued- SFR1 286 389 536 68 530 434 363 591 196 115 Building Permits Issued- MFR Units2 111 310 178 319 - - - 195 318 56 Building Permits Issued- Commercial 86 69 65 58 36 38 28 28 31 20 Building Permits Issued- Pools 77 138 163 142 154 186 158 241 176 88 Notes:
(1) SFR-Single Family Residences
(2) Multi-Family Residences by number of housing units
(3) Statistics not available at time of report. Police Annua l Report available online in the Spring after year end.

Source: City of Rocklin Annual Police Report, City of Rocklin Building Activity Reports 243
Table 12
City of Rocklin
Capital Asset Statistics By Function
Last Ten Fiscal Years
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Function:

General Government
Number of buildings 2 2 2 2 2 2 2 2 2 2 Public Safety
Police Stations 1 1 1 1 1 1 1 1 1 1 Fire stations 3 3 3 3 3 3 3 3 3 3 General Services
Miles of streets 183 190 196 197 198 201 207 211 214 215 Number of street lights 4,926 5,133 5,301 5,317 5,339 5,343 5,445 5,585 5,632 5,645 Miles of off-street bikeways 21 24 26 26 26 26 26 26 26 31 Recreation
Parks 32 32 33 34 36 36 37 37 37 37 Community centers 2 2 2 2 2 2 2 2 2 2 Source City of Rocklin Finance Division
244

Chavan & Associates, LLP
Certified Public Accountants
15105 Concord Circle, Suite 130
Morgan Hill, CA 95037

CITY OF ROCKLIN, CALIFORNIA

APPROPRIATIONS LIMIT SCHEDULE AND
INDEPENDENT ACCOUNTANT’S REPORT

For the Year ended June 30, 2023
* * *

245

CITY OF ROCKLIN, CALIFORNIA

APPROPRIATIONS LIMIT SCHEDULE AND
INDEPENDENT ACCOUNTANT’S REPORT

FOR THE YEAR ENDED JUNE 30, 2023

TABLE OF CONTENTS

PAGE NO.

INDEPENDENT ACCOUNTANT’S REPORT ........................................................................... 1 - 2

APPROPRIATIONS LIMIT SCHEDULE .................................................................................. 3

NOTES TO THE APPROPRIATIONS LIMIT SCHEDULE ........................................................... 4

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Independent Accountant’s Report on Applying
Agreed-Upon Procedures Related to the
Article XIII-B Appropriations Limit

To the Honorable Mayor and Members of the
City Council of the City of Rocklin
Rocklin, California

We have performed the procedures enumerated below to the accompanying Appropriations Limit Schedule of the City of Rocklin, (the City), for the year ended June 30, 2023.

The City’s management is responsible for the appropriations limit calculation for the year ended June 30, 2023. The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting the City in evaluating the appropriations limit calculation in accordance with the requirements of Section 1.5 of Article XIIB of the California Constitution. The procedures are recommended by the California Committee on Municipal Accounting (as presented in the CCMA White Paper titled Agreed-upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution). This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures performed and our findings were as follows:

1. We obtained the completed Appropriations Limit Worksheet for the year ended June 30, 2023 and compared the limit and annual adjustment factors included in the worksheet to those adopted by the resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council..

Findings: No exceptions were noted as result of applying these procedures.

2. For the accompanying Appropriations Limit Schedule, we added the prior year’s limit to the total adjustments and agreed the resulting amount to the current year’s limit.

Findings: No exceptions were noted as result of applying these procedures.

3. We agreed the current year information presented in the accompanying Appropriation Limit Schedule to the appropriate supporting worksheets described in No. 1 above.

Findings: No exceptions were noted as result of applying these procedures.

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4. We agreed the prior year appropriations limit in the accompanying Appropriation Limit Schedule to the to the prior year appropriations limit adopted by the City Council.

Findings: No exceptions were noted as result of applying these procedures.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the appropriations limit calculation for the year ended June 30, 2023. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriations limit for the base year, as defined by Article XIII-B of the California Constitution.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of City Council and the City’s management, and is not intended to be and should not be used by anyone other than these specified parties..

November 30, 2023
Morgan Hill, California

248

CITY OF ROCKLIN, CALIFORNIA

APPROPRIATIONS LIMIT SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2023
3 Amount SourceA. Appropriations limit for the year ended June 30, 202255,590,178$ Prior Year ScheduleB. Calculation Factors:1. Population increase % 1.0047 1)State Department of Finance2. Inflation increase % 1.0755 State Department of Finance3. Total adjustment factor % 1.0806 B1 x B2C. Annual adjustment Increase (Rounded)4,480,568 [(B3-1)A)]D. Other Adjustments:Loss responsibility (-) - N/ATransfers to private (-) - N/ATransfers to fees (-) - N/AAssumed responsibility (+) - N/AE. Total Adjustments4,480,568 (C+D)F. Appropriations limit for the year ending June 30, 202360,070,746$ (A+E)1) Greater of population increase % for:City of Rocklin 1.0002 Placer County 1.0047

249

CITY OF ROCKLIN, CALIFORNIA

NOTES TO THE APPROPRIATIONS LIMIT SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2023
4 1. PURPOSE OF LIMITED PROCEDURES REVIEW

Under Article XIIIB of the California Constitution (the Gann Spending Limitations Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIB, the annual calculation of the appropriation limit is subject to a limited procedures review in connection with the annual audit.

2. METHOD OF CALCULATION

Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July, 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed in Notes 3 and 4 below.

3. INFLATION FACTORS

A California governmental agency may adjust its appropriations limit by either the annual percentage change in the 4th quarter per capita personal income (which percentage is supplied by the State Department of Finance) or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City for the year 2022-23 represents the annual percentage change in the per capita personal income.

4. POPULATION FACTORS

A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction’s own population or the annual percentage change in population of the county where the jurisdiction is located. The factor adopted by the City for the year 2022-23 represents the annual percentage change in population for the County.

5. OTHER ADJUSTMENTS

A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity.

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To the City Council of the
City of Rocklin
We have audited the basic financial statements of the City of Rocklin as of and for the year ended June 30, 2023, and have issued our report thereon dated November 30, 2023. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility under Generally Accepted Auditing Standards and Government Auditing Standards
As communicated in our engagement letter, our responsibility, as described by professional standards, is to form and express an opinion(s) about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America.

Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City of Rocklin solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.

Other Information in Documents Containing Audited Financial Statements Pursuant to professional standards, our responsibility as auditors for other information in documents containing City of Rocklin’s audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information.

Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements. 251
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Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated with management.

Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, and our firm have complied with all relevant ethical requirements regarding independence.

Significant Risks Identified
We did not identify any significant risks that required special audit consideration.

Qualitative Aspects of the Authority’s Significant Accounting Practices Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City of Rocklin is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during June 30, 2023 other then the adoption of GASB 96, Subscription-Based Information Technology Arrangements. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events.

Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements include actuarial assumptions included in employee retirement plans that impact pension and other postemployment balances reported in the financial statements, and net present value calculations for right of use assets and leases.

We evaluated the key factors and assumptions used to develop the identified estimates and determined that it is reasonable in relation to the basic financial statements taken as a whole and 252
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in relation to the applicable opinion units.

Financial Statement Disclosures
Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting City of Rocklin’s financial statements relate to cash and investments, pensions and long-term liabilities.

Significant Unusual Transactions
For purposes of this communication, professional standards require us to communicate to you significant unusual transactions identified during our audit. No significant unusual transactions were identified as a result of our audit procedures that required the attention of management.

Identified or Suspected Fraud
We did not identify nor obtain information that indicates that fraud may have occurred.

Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing with management relating to the performance of the audit.

Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. There were no uncorrected financial statement misstatements identified.

In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures. There were no material, corrected misstatements noted during the audit.

Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City of Rocklin’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit. 253
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Circumstances that Affect the Form and Content of the Auditor’s Report For purposes of this letter, professional standards require that we communicate any circumstances that affect the form and content of our auditor’s report. There were no circumstances that affect the form and content of our auditor’s report.

Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated November 30, 2023.

Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues
In the normal course of our professional association with the City of Rocklin, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the City, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City of Rocklin’s auditors.

This report is intended solely for the information and use of the Board and management of the City of Rocklin and is not intended to be and should not be used by anyone other than these specified parties.

November 30, 2023
Morgan Hill, California
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City of Rocklin
City Council and Management
Rocklin, California
In planning and performing our audit of the financial statements of City of Rocklin as of and for the year ended June 30, 2023, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, we considered City of Rocklin’s internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Rocklin’s internal control.

Accordingly, we do not express an opinion on the effectiveness of City of Rocklin’s internal control over financial reporting.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A reasonable possibility exists when the likelihood of an event occurring is either reasonably possible or probable as defined as follows:
 Reasonably possible: The chance of the future event or events occurring is more than remote but less than likely.
 Probable: The future event or events are likely to occur.

Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses.

Given these limitations, during our audit we did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The following is a summary of new accounting pronouncements from the Governmental Accounting Standards Board:

GASB Statement No. 100, Accounting Changes and Error Corrections—an amendment of GASB Statement No. 62, effective fiscal 2024.

This statement enhances accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability. GASB 100 also requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. And GASB 100 addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI).
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GASB Statement No. 101, Compensated Absences, effective fiscal 2025.

Updates the recognition and measurement guidance for compensated absences by:

1. Aligning the recognition and measurement guidance under a unified model

2. Amending certain previously required disclosures

3. Amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability

4. Supersedes GASB 16
The purpose of this communication, which is an integral part of our audit, is to describe, for management and those charged with governance, the scope of our testing of internal control and the results of that testing. Accordingly, this communication is not intended to be and should not be used for any other purpose.

Respectfully,
November 30, 2023
Morgan Hill, California
256
City Council
Staff Report

Subject:

Single Audit Report for the Fiscal Year Ending June 30, 2023 Date:

February 27, 2024
Submitted By:

Angela Doyle, Senior Accountant
Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting and Approving the Single Audit Report for the Year Ended June 30, 2023.

Background:

The Single Audit Act of 1984, as amended in 1996, and the Uniform Guidance issued by the Federal Office of Management and Budget in 2014 established requirements for audits of states, local governments and Indian tribal governments that administer federal financial assistance programs. Pursuant to the Uniform Guidance, all non-federal government agencies and nonprofit organizations that expend $750,000 or more in federal awards in a given fiscal year are required to obtain a Single Audit. The City of Rocklin, had federal award expenditures of $11,312,359, during the fiscal year ended June 30, 2023, therefore a single audit is required. This single audit also reports the expenditures to the City of Rocklin’s Community Development Block Grant (CDBG) – Grants' sub recipients.

A single audit, performed by the auditing firm of Chavan and Associates, LLP for the year ended June 30, 2023, has been completed, and the Single Audit Report for the year ended June 30, 2023 has been prepared (Attachment 2 - Exhibit A). There were no findings of internal control weakness or instance of non-compliance reported as a result of the single audit.

Staff recommends the City Council adopt a resolution (Attachment 1) to accept the single audit for the fiscal year ended June 30, 2023.

Fiscal Impact:

There is no direct fiscal impact to the General Fund from adopting this resolution.

Item Number 2D.

ATTACHMENTS:

1. Resolution -
SINGLE AUDIT FY 2023

2. Resolution Exhibit A - Single Audit Report 2023
257
RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING AND APPROVING THE SINGLE AUDIT REPORT
FOR THE YEAR ENDED JUNE 30, 2023
WHEREAS, the Single Audit Act of 1984, as amended, and the Uniform Guidance issued by the Office of Management and Budget in 2014 establish requirements for audits of local governments that administer federal financial assistance programs, and require a single audit for the City of Rocklin; and
WHEREAS, a single audit was performed by Chavan & Associates, LLP for the year ended June 30, 2023, and a Single Audit Report prepared, without findings of internal control weakness or instances of non-compliance.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The Single Audit Report for the year ended June 30, 2023, attached hereto as Exhibit “A” and by this reference incorporated herein, is accepted and approved.

PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
258
Chavan & Associates, LLP
Certified Public Accountants
15105 Concord Circle, Ste 130
Morgan Hill, CA 95037

CITY OF ROCKLIN, CALIFORNIA

SINGLE AUDIT REPORT
FOR THE YEAR ENDED JUNE 30, 2023
259

CITY OF ROCKLIN, CALIFORNIA

SINGLE AUDIT REPORT

TABLE OF CONTENTS
JUNE 30, 2023
PAGE NO.

Independent Auditor’s Report on Compliance for Each Major Federal Program and Report on Internal Control Over Compliance in Accordance with Uniform Guidance.......................................................................................................... 1 Schedule of Expenditures of Federal Awards...................................................................... 4 Notes to Schedule of Expenditures of Federal Awards....................................................... 5 Schedule of Findings and Questioned Costs:

Section I - Summary of Auditor’s Results..................................................................... 6 Section II - Financial Statement Findings...................................................................... 7 Section III - Federal Awards Findings andQuestioned Costs....................................... 7 Summary Schedule of Prior Year Findings......................................................................... 8 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards................................. 9 260
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INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH

MAJOR FEDERAL PROGRAM AND REPORT ON INTERNAL CONTROL OVER

COMPLIANCE IN ACCORDANCE WITH THE UNIFORM GUIDANCE
To the Honorable Mayor and Members of the
City Council of the City of Rocklin
Rocklin, California
Report on Compliance for Each Major Federal Program
Opinion over Each Major Federal Program
We have audited the City of Rocklin (the City)'s compliance with the types of compliance requirements described in OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2023. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2023.

Basis for Opinion on Each Major federal programs
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal programs. Our audit does not provide a legal determination of the City ’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.
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Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal programs.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies in internal control over compliance, such 262
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that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.

A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

January 22, 2024
Morgan Hill, California
263

CITY OF ROCKLIN, CALIFORNIA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
The accompanying notes are an integral part of this financial statement. 4 Pass-through Expenditures
Assistance Identifying to Federal
Federal Grantor/Pass-Through Grantor/Program Title Listing Number Subrecipients Expenditures U.S. Department of Transportation
Pass-through programs from the California Dept of Transportation:

Highway Planning and Const ruction Cluster
Pacific St. at Rocklin Rd Roundabout 20.205 CML-5095 (023) -$ 3,591,039$ Pavement Rehabilitation 20.205 STPL-5095 (026) - 10,556 Total Highway Planning and C onstruction Cluster - 3,601,595 Pass-through programs from California Office of Traffic Safety:

Highway safet y cluster
State and Community Highway Safety:

Traffic Enforcement PT21044 20.600 - 15,442 Traffic Enforcement PT22188 20.600 - 4,741 Minimum Penalties for Repeat Offenders for Driving While Intoxicated:

Traffic Enforcement PT21044 20.608 - 17,383 Traffic Enforcement PT22188 20.608 - 2,507 Total Highway saf ety cluster - 40,073 Total US Department of Transportation - 3,641,668 U.S. Department of Housing and Urban Development
Direct program:

CDBG HUD Entitlement 21-22 14.218 N/A 42,652 281,972 CDBG CARES - COVID 19 14.218 N/A 338,610 338,611 Total US Department of Housing and Urban Development 381,262 620,583 U.S. Department of Homeland Security
Pass-through program from Placer County:

Radios 2021 97.047 - 30,455
Pass-through from City of Sacramento:

Thermal Imaging Cameras 97.067 - 15,044 Total U.S. Department of Homeland Security - 45,499 U.S. Department of Treasury
Direct program:

American Rescue Plan Act 21.027 (1) N/A - 6,838,730 Total US Department of Treasury - 6,838,730 U.S. Department of Justice
Direct program:

Bulletproof Vest 2021 16.607 N/A - 4,344 Total US Department of Justice - 4,344 Federal Emergency Management Agency
Pass-through program from the State of California:

California Severe Winter Storm Declaration 2023 97.030 DR 4683 - 161,535 Total Federal Emergency Management Agency - 161,535 Total Federal Programs 381,262$ 11,312,359$
(1) Audited as major program
264

CITY OF ROCKLIN, CALIFORNIA

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
5 Note 1. Basis of Presentation
The accompanying schedule of expenditures of federal awards (the schedule) includes the federal grant activity of the City of Rocklin (the City) under programs of the federal government for the year ended June 30, 2023. The information in this schedule is presented in accordance with the requirements of the Office of Management and Budget Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, or cash flows of the City.

Note 2. Summary of Significant Accounting Policies
Expenditures reported on the schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. Pass-through entity identifying numbers are presented where available. The City has elected not to use the 10 percent de- minimus indirect cost rate as allowed under Uniform Guidance.

Note 3. Relationship to the Basic Financial Statements The amounts reported in the accompanying schedule agree, in all material respects, to amounts reported within the City’s financial statements. F ederal award revenues are reported principally in the City’s financial statements as intergovernmental revenues.

Note 4. Relationship to Federal Financial Reports
Amounts reported in the accompanying schedule agree or can be reconciled with the amounts reported or to be reported in the federal financial reports.

Note 5. Pass-Through Entities' Identifying Number
When federal awards were received from a pass-through entity, the Schedule of Expenditures of Federal Awards shows, if available, the identifying number assigned by the pass-through entity. When no identifying number is shown, the City has determined that no identifying number is assigned for the program, or the City was unable to obtain an identifying number from the pass-through entity. 265

CITY OF ROCKLIN, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
6 Section I - Summary of Auditor's Results
Financial Statements
Type of auditor's report issued
Internal control over financial reporting:

Material weaknesses? Yes x No
Significant deficiencies identified not
considered to be material weaknesses? Yes x None Reported Non-compliance material to financial statements noted? Yes x No Federal Awards
Internal control over major programs:

Material weaknesses? Yes x No
Significant deficiencies identified not
considered to be material weaknesses? Yes x None Reported Type of auditor's report issued on compliance over major programs Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a) Yes x No
Identification of Major Programs:

Assistance Listing Name of Federal Program
American Rescue Plan Act
Dollar threshold used to distinguish between
type A and type B programs:

Auditee qualified as low risk auditee? Yes x No
750,000$
Unmodified
Unmodified

21.027
266

CITY OF ROCKLIN, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
7 Section II - Financial Statement Findings
No findings noted.

Section III - Federal Award Findings and Questioned Costs No findings noted.
267

CITY OF ROCKLIN, CALIFORNIA

SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
8 Section II - Financial Statement Findings
No findings noted.

Section III - Federal Award Findings and Questioned Costs No findings noted.
268
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INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT

OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the
City Council of the City of Rocklin
Rocklin, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Rocklin (the “City”) as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated 2023.

Internal Control over Financial Reporting
Management is responsible for establishing and maintaining effective internal control over financial reporting. In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal contro l over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those 269
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[email protected] • www.cnallp.com
provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Morgan Hill, California
January 22, 2024
270
City Council
Staff Report

Subject:

Quarterly Treasurer's Report
Date:

February 27, 2024
Submitted By:

Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive the Treasurer's Report for the Quarter Ending December 31, 2023.

Background:

The Quarterly Treasurer's Report (Attachment 1), for the quarter ending December 31, 2023, provides the depository, maturity date, amount, and estimated annualized interest earnings for the City's investments pursuant to the Investment Policy (Resolution No. 2023-67).

Item Number 2E.

ATTACHMENTS:

1. Treasurer's Report for Quarter Ending December 31, 2023 271
272
273
City Council
Staff Report

Subject:

ParcelQuest Purchase Agreement To Provide Online Property Data And Related Services
Date:

February 27, 2024
Submitted By:

Brian Graves, IT Manager
Department:

Administrative Services - IT
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Execute a 3-year Purchase Agreement with ParcelQuest to Provide the City with the Most Current California Property Data Available Online and Related Services.

Background:

The City utilizes the ParcelQuest Navigator software to access the latest parcel numbers and property and ownership information provided by the Placer County Assessor’s Office.

ParcelQuest is the only software solution available that receives daily data updates from the assessor and is therefore the most accurate and up-to-date source of property and ownership information available. In addition to parcel numbers and property ownership information, the software provides additional data including sales price, year built, and other dwelling data such as number of bedrooms and square footage. The software is used by City staff to generate mailing lists for abatement notices and other purposes. The software also enables City staff to access an extensive history of recorded documents for any parcel including grant deeds, deeds of trust, quit claims, releases, reconveyances, assignments, modifications, pre- foreclosure notices, and subordinations.

The existing agreement expires on February 27, 2024. ParcelQuest moved from a locally installed software model with regular updates via compact disc, to a cloud-based model over 10 years ago. The pricing increased significantly with the new cloud-based model. The City has been utilizing the new cloud-based software under “bridge pricing” at dramatically reduced rates which is no longer being offered by the vendor. To continue use of the software, the City will be required to pay the new standard licensing rate for the software. City staff negotiated to obtain bridge pricing for one additional year and then pay the regular licensing rate starting in February of 2025. The cost for the 1
st
year of the three-year agreement is $7,500. The cost for year two and year three of the agreement will increase to $23,100 annually for a total contract cost of $53,700.

Item Number 2F.

274
Fiscal Impact:

Sufficient funds are available in the Fiscal Year (FY) 2023/24 Operating Budget in the General Fund (100) to cover the cost of the proposed agreement. Funding for FYs 2024/25-2025/26 will be requested during the annual budget process for City Council approval.

ATTACHMENTS:

1. Resolution

2. ParcelQuest Purchase Agreement
275
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AUTHORIZING THE CITY MANAGER TO EXECUTE A 3-YEAR PURCHASE AGREEMENT WITH

PARCELQUEST TO PROVIDE THE CITY WITH THE MOST CURRENT CALIFORNIA

PROPERTY DATA AVAILABLE ONLINE AND RELATED SERVICES
WHEREAS, The City utilizes the ParcelQuest Navigator software to access the latest parcel numbers and property and ownership information provided by the Placer County Assessor’s Office. ParcelQuest is the only software solution available that receives daily data updates from the assessor and is therefore the most accurate and up- to-date source of property and ownership information available.

WHEREAS, to continue use of the software, the City will be required to pay the new standard licensing rate for the software. City staff negotiated to obtain bridge pricing for one additional year and then pay the regular licensing rate starting in February of 2025.

The cost for the 1st year of the three-year agreement is $7,500. The cost for year two and year three of the agreement will increase to $23,100 annually for a total contract cost of $53,700.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute a 3-year purchase agreement with ParcelQuest to provide the City with the most current California property data.

PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Greg Janda, Mayor
ATTEST:
_________________________
Avinta Singh, City Clerk
276

Page 1 of 3 ends

PARCELQUEST ONLINE PURCHASE AGREEMENT This ParcelQuest Online Purchase Agreement (“Agreement”) is entered into between ParcelQuest, a California corporation (“ParcelQuest”), and City of Rocklin (“Customer”) (collectively, the “Parties,” or individually, a “Party”). This Agreement is effective upon execution by ParcelQuest (“Effective Date”). The Parties agree as follows: I. DESIGNATED USERS: Customer is purchasing, and ParcelQuest shall provide, for the fees described in this Agreement, the number of Logins shown in the Total column of Table 1 below. Each Login shall provide access to the Online Service Website according to one of the Service Levels listed below and in the quantities shown in each Service Level column. The number of Logins shown in the Total column should equal the sum of the number of Logins shown in each Service Level column. Features available at each Service Level may change from time to time according to definitions published on publicly available areas of the Online Service Website. Such changes shall not affect the validity or enforceability of any part of this Agreement, including but not limited to the fees due under the terms of this Agreement. Service Level Navigator Aviator Total Designated Users 14 0 14 Table 1: Designated Users by Service Level II. FEATURE ACCESSES & FEES: Customer is purchasing, and ParcelQuest shall provide, for the fees described in this Agreement, the quantity of Included Feature Accesses per Month per Designated User according the Service Levels shown in Table 2 below. Feature Accesses made by Designated Users in excess of the Included Feature Access quantities listed shall be charged according to the Cost Per Additional Feature Access shown. Feature Included Feature Accesses Per Month by Service Level Cost Per Additional Feature Access Description (for informational purposes only)
Navigator Aviator Searches Unlimited Unlimited $0.00 Clicking the “View Results” button on the Search screen Property Profiles Unlimited Unlimited $0.00 Viewing any of the Detail screens (Assessor, Docs & Sales History, etc.) Labels 10,000 10,000 $ 0.10 Label – Mailing – w/ or w/o APN Label – Situs – w/ or w/o APN APN Maps Unlimited Unlimited $0.00 Clicking on a hyperlink to get an Assessor Parcel Map Document Images 0 0 $ 5.00 Purchasing documents in the Docs & Sales History tab or using the hyperlinks on the Assessor Data detail screen. Docs & Sales History Report 0 Unlimited $ 19.95 Clicking the “Print PDF” button on the Docs & Sales History Screen Export Mailing data 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address Export Values data 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address, Values Export Complete data record or List View 1,000 10,000 Nav = $ 0.25 Av = $ 0.10 CSV – Address, Values, Chars; or List View Export Default Tax data Not Available 10,000 $ 0.10 CSV – Default Tax Export Parcel Shapes with Mailing data 0 0 $ 3.00 ESRI – Address KML – Address Export Parcel Shapes with Values data 0 0 $ 3.25 ESRI – Address, Values KML – Address, Values Export Parcel Shapes with Complete data record 0 0 $ 5.00 ESRI – Address, Values, Chars KML – Address, Values, Chars *List View Exports are calculated based on the data elements in the exported list; whether from Mailing, Values, or Characteristics. Table 2: Feature Access by Service Level 277

Page 2 of 3 ends

III. SERVICES, DELIVERY & FEES: ParcelQuest shall provide Customer with the Services listed below via the delivery method listed below. Customer shall pay to ParcelQuest the Licensing Fees set forth below. A. SERVICES & FEES ONLINE SERVICE Service Level Annual Fee Per User Number of Users Extended Fee Discount Annual Fee Navigator 2/28/24-2/27/25 $535.72 14 $7,500.00 31% $7,500.00 Navigator 2/28/25-2/27/26 $1,650.00 14 $23,100.00 $23,100.00 Navigator 2/28/26-2/27/27 $1,650.00 14 $23,100.00 $23,100.00 TOTAL $53,700.00 B. INITIAL DELIVERY & ACCESS: Where applicable, ParcelQuest agrees to make its best efforts to provide Customer with initial access to the Services within five (5) days of the execution of this Agreement. IV. CUSTOMER’S USE: Customer shall use the Services for internal business purposes only. Customer shall not resell, relicense or redistribute the Services in whole or in part. V. TERM AND PAYMENT SCHEDULE: A. TERM: The Initial Term of this Agreement begins at 12:01 a.m. on February 28, 2024 and ends at 11:59 p.m. on February 27, 2027 (Three Years). B. RENEWAL TERM(S): This Agreement will automatically renew for a term of one-year unless either party notifies the other, in writing, certified mail, return receipt requested, of its intention not to renew, not less than ninety (90) days prior to the expiration of this Agreement. The fee structure for any renewal term will be the same as the prior twelve (12) month period unless ParcelQuest notifies Customer of a change in fees not less than thirty (30) days prior to the expiration of this Agreement. C. PAYMENT SCHEDULE: For the Initial Term of this Agreement, fees will be due and payable to ParcelQuest according to the following schedule. ParcelQuest will make its best effort to send an invoice to Customer 30 days prior to each due date, however, Customer is responsible for paying all fees by the respective due dates shown here whether or not Customer has received an invoice from ParcelQuest prior to any particular due date. Customer’s receipt of an invoice from ParcelQuest less than 30 days prior to a due date shown here does not constitute an extension of the due date. For any Renewal Term the due dates will be the same as in the final year of the Initial Term. DUE DATE AMOUNT DUE 30 days from the Effective Date of this Agreement $7,500.00 2/28/2025 $23,100.00 2/28/2026 $23,100.00 TOTAL $53,700.00 278

Page 3 of 3 ends

D. CLIENT BILLING INFORMATION: All ParcelQuest invoices will be sent to Customer per the following Customer-provided billing contact information and special instructions. Customer agrees to notify ParcelQuest in writing per the following ParcelQuest billing contact information within 30 days of any changes to Customer’s billing information or instructions. Failure to notify ParcelQuest of any such changes within 30 days of the change may result in late fees or collection costs being added to Customer’s balance due. Such fees will not be waived by ParcelQuest. Customer’s Billing Contact Information Billing Contact: Brian Graves Department: GIS Company: City of Rocklin Address: 3970 Rocklin Road City/St/Zip: Rocklin, CA 95677 Phone: 916-625-5023 Email: [email protected] Preferred Pmt Method: Check ParcelQuest’s Billing Contact Information Billing Contact: Accounts Receivable Company: ParcelQuest Address: 193 Blue Ravine Road, Suite 120 City/St/Zip: Folsom, CA 95630 Phone: 916-817-2211 Email: [email protected] THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PARCELQUEST (“PARCELQUEST”) By: _______________________________________ Name: ______________________________________ Title: _______________________________________ Effective Date: _______________________________ Address: 193 Blue Ravine Road, Suite 120 Folsom, California 95630 Phone: (916) 817-2211 City of Rocklin (“CUSTOMER”) By: ______________________________________ Name: ____________________________________ Title: _____________________________________ Date: _____________________________________ Address: __________________________________ __________________________________ Phone: ____________________________________ 279
City Council
Staff Report

Subject:

Various Personnel Updates
Date:

February 27, 2024
Submitted By:

Tameka Usher, Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin to Approve the Temporary Positions Salary Schedule.

B
.

Adopt a Resolution of the City Council of the City of Rocklin to Approve a Side Letter of Agreement to the Memorandum of Understanding Between the City of Rocklin and the Rocklin Firefighter’s Union to Modify Section V, Article 34, Subsection IV(a) Employee Performance Evaluations/Step Increases.

Background:

Temporary Positions Salary Schedule
Staff recommends conducting a Recreational Open Swim Pilot Program in the Summer of 2024, to gauge community interest in open swim opportunities. The program will offer Rocklin residents access to the Rocklin High School Pool for recreational swim Monday through Friday from 12 pm to 4 pm, starting June 10, 2024 through August 2, 2024. To staff the program, Human Resources staff developed a Lifeguard class specification and a Senior Lifeguard class specification, and recommend an hourly salary of $20.00 per hour for the Lifeguard and $22.00 per hour for the Senior Lifeguard.

The City does not provide health benefits, nor does the City allow any temporary employees to work more than 28 hours per week. Furthermore, temporary employees are separated at the end of the season or project and may be eligible for re-hire the following season, depending on performance.

Staff also recommends additional classification title changes to the Temporary Positions Salary Schedule to create consistency with the City’s classification structure, by removing the “Senior” reference from the Public Services Specialist and Maintenance Worker classification titles.

Title 2 of the California Code of Regulations, section 570.5 requires the City's salary schedules to be adopted at a public meeting.

Item Number 2G.

280
Rocklin Firefighters Union Side Letter
The City and the Rocklin Firefighter’s Union (RFU) are parties to a Memorandum of Understanding (MOU) establishing the terms and conditions of employment between the City and employees in the RFU for the period of July 1, 2022 to June 30, 2025.

Given a request by RFU, staff recommends amending Section V, Article 34, Subsection IV(a) of the RFU MOU which describes the manner in which an employee on a paid or unpaid leave for ninety (90) consecutive days shall have their merit delayed and salary anniversary date adjusted. The amended side letter will exclude employees on an accepted workers’ compensation claim from this provision, unless unsatisfactory job performance occurred before the employee started the accepted workers’ compensation leave.

Human Resources staff satisfied the meet and confer obligation with the RFU regarding the proposed changes in accordance with the City of Rocklin Employee-Employer Resolution.

Fiscal Impact:

Temporary Position Salary Schedule Adjustments - There is no direct fiscal impact on the General Fund from the staff recommendation. The funding to operate the Recreation Swim Pilot Program is included in the Fiscal Year 2023/24 Second Quarter Financial Report.

RFU Side Letter - There is no direct fiscal impact on the General Fund from the staff recommendation.

ATTACHMENTS:

1. Resolution A

2. Resolution A Exhibit 1 - Temporary Positions Salary Schedule Effective

3. Resolution B

4. Resolution B Exhibit 1 - RFU Signed Side Letter
281
RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

TO APPROVE A REVISED TEMPORARY POSITIONS SALARY SCHEDULE WHEREAS, staff recommends adding a Lifeguard classification and Senior Lifeguard classification to the Temporary Positions Salary Schedule; and WHEREAS, Human Resources recommends an hourly salary of $20.00 per hour for the Lifeguard classification and an hourly salary of $22.00 per hour for the Senior Lifeguard; and
WHEREAS, staff recommends revising the classification title on the Temporary Positions Salary Schedule for the Senior Public Services Specialist and Senior Maintenance Worker to a Public Services Specialist and Maintenance Worker; and WHEREAS, the retitle of a classification requires an update to the respective salary schedules; and
WHEREAS, the Temporary Positions Salary Schedule requires updating to add the hourly wage for the Lifeguard and Senior Lifeguard classifications.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective February 27, 2024, the City Council approves the Temporary Positions Salary Schedule attached hereto as Exhibit “1.” PASSED AND ADOPTED this 27th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
282
Classification Step 1 Step 2 Step 3
Program Assistant 16.28$ 16.84$ 17.43$
Public Services Specialist 17.02$ 17.62$ 18.23$
Police Clerk 18.76$ 19.42$ 20.10$
Lifeguard 20.00$
Maintenance Worker 20.68$ 21.40$ 22.15$
GIS Assistant 21.46$ 22.21$ 22.99$
Senior Lifeguard 22.00$
Reserve Police Officer Coordinator 26.18$

CITY OF ROCKLIN

TEMPORARY POSITIONS

HOURLY SALARY SCHEDULE
Effective February 27, 2024
283
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

TO APPROVE A SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROCKLIN AND THE ROCKLIN FIREFIGHTER’S UNION TO MODIFY SECTION V, ARTICLE 34 SUBSECTION IV(a) EMPLOYEE PERFORMANCE EVALUATIONS/STEP INCREASES WHEREAS, the City of Rocklin (City) and the Rocklin Firefighter’s Union (RFU) (collectively, “the Parties”) are parties to a Memorandum of Understanding (MOU) establishing the terms and conditions of employment between the City and employees in the Union for the period of July 1, 2022 to June 30, 2025 by Resolution No. 2022-159; and
WHEREAS, Section V, Article 34, Subsection IV(a) of the MOU describes the manner in which an employee on a paid or unpaid leave for ninety (90) consecutive days, shall have their merit delayed and salary anniversary date adjusted; and WHEREAS, Section V, Article 34, Subsection IV(a) of the MOU does not exclude employees on an accepted workers’ compensation claim; and
WHEREAS, the City and the Union have met and conferred and agree to amend Section V, Article 34, Subsection IV(a) of the July 1, 2022 to June 30, 2025 MOU to provide an exception for employees on an accepted workers’ compensation claim for more than ninety (90) consecutive days as set forth in the “Side Letter of Agreement Between the City of Rocklin and the Rocklin Firefighter’s Union Local 3847” (Side Letter of Agreement).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective February 27, 2024, the City Council approves and authorizes the City Manager to sign the Side Letter of Agreement attached hereto as Exhibit 1.

PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:
284
Avinta Singh, City Clerk
285

SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF ROCKLIN AND THE ROCKLIN FIREFIGHTER’S UNION LOCAL 3847

WHEREAS, the City of Rocklin (City) and the Rocklin Firefighter’s Union Local 3847 (collectively, “the Parties”) are parties to a Memorandum of Understanding (MOU) establishing the terms and conditions of employment between the City and employees in the Union for the period of July 1, 2022 to June 30, 2025; and

WHEREAS, Article 34(IV) of the MOU describes the manner and method in which step increases are handled; and

WHEREAS, Article 34 (IV.A) of the MOU allows for “Step Increases” to be delayed if an employee is on leave for more than ninety (90) consecutive; and

WHEREAS, the City and the Union have met and conferred and agree to amend the MOU Article 34 (IV.A).

AGREEMENT

Now, therefore, upon Council adoption, the Parties agree to amend the MOU and incorporate the changes and additions set forth herein upon adoption by the City Council. The changes to Article 34 described in this Agreement will not be applied retroactively. Except as amended by this Agreement, the provision of the MOU remain in full force and effect.

Section V – Terms and Conditions of Employment, Article 34. Employee Performance Evaluations /Step Increases

IV. Step Increases

An employee shall be eligible for a salary step increase upon their salary anniversary date, having demonstrated satisfactory job performance in their current classification. A step increase shall be delayed indefinitely if the employee is not performing up to standards. When a salary step increase is ultimately awarded, it will not be retroactive and the employee's salary anniversary date will be reset to the date the salary step increase is effective.

A. An employee on any leave (paid or unpaid) for more than ninety (90) consecutive calendar days shall have their salary step increase delayed and salary anniversary date adjusted by the amount of time away from work. An accepted workers’ compensation claim is the only exception to this rule. An employee on an accepted workers’ compensation claim will receive their step increase unless there was a r eason to delay it, such as unsatisfactory job performance that occurred before the employee started workers compensation leave.

B. An employee shall not have a salary step increase delayed due to a performance evaluation not be being completed prior to the salary anniversary date unless the delay is caused by the employee's absence. If a salary step increase is delayed due to a performance evaluation not being completed prior to the salary anniversary date, the salary step increase will be retroactive, and the salary anniversary date will remain the same.

_______________________ _________________________
City of Rocklin Rocklin Firefighters Local 3847
Aly Zimmerman, City Manager Chris Wade, Local 3847 President

_________________________ _________________________
Date Date
DocuSign Envelope ID: 5BB94846-0885-4174-993E-D4CB0F8B9118 2/6/2024 | 2:23 PM PST
286
City Council
Staff Report

Subject:

City of Rocklin 2024 Grazing Services
Date:

February 27, 2024
Submitted By:

Justin Nartker, Director of Public Services
Richard Lawrence, Public Services Manager
Department:

Public Services
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Rescinding Resolution No. 2023-217 Awarding the Bid for the 2024 Grazing Services.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the City of Rocklin 2024 Grazing Services to Blue Tent Farms LLC and Authorizing the City Manager to Execute an Agreement with Blue Tent Farms LLC.

Background:

Grazing Services in the City’s Open Space went out to bid on September 7, 2023, and two bids were received. At the December 12, 2023 City Council Meeting, Resolution No. 2023- 217 was adopted by the City Council awarding the 2024 Grazing Services Contract to Blue Tent Farms, LLC. The bid was in the amount of $1,539,158 for term of three (3) years with the option to renew the contract for two additional years.

The contract that was included in the resolution was a Construction Agreement, however it should have been a Contract for Services. Due to this disparity and in order to ensure the appropriate contract documents are utilized, staff recommends the City Council (1) adopt a resolution (Attachment 1) to rescind Resolution No. 2023-217; and (2) adopt a resolution (Attachment 2) awarding a Contract for Services for the 2024 Grazing Services.

If the term of the contract is extended beyond the initial three-year term, any requests made by the Contractor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change, not to exceed 4%. In its request for price increases Contractor shall cite sources, specific conditions, and document how those conditions affect the cost.

Fiscal Impact:

There is no fiscal impact to the staff recommendation as there has been no change to the fiscal impact since this project cost was originally approved in December 2023.

Item Number 2H.

287
ATTACHMENTS:

1. Resolution A

2. Resolution B

3. Resolution B Exhibit A - Contract for Services
288
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
RESCINDING RESOLUTION NO. 2023-217 AWARDING THE BID
FOR THE 2024 GRAZING SERVICES
(Blue Tent Farms, LLC)
The City Council of the City of Rocklin does resolve as follows:

Section 1. On December 12, 2023, the City Council approved Resolution No. 2023- 217 awarding the bid for the 2024 Grazing Services.

Section2. The contract that was included in the resolution was a Construction Agreement, however it should have been a Contract for Service and due to this disparity, the City Council hereby rescinds Resolution No. 2023-217.

PASSED AND ADOPTED this 27th day of February, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
289
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING THE CONTRACT FOR 2024 GRAZING SERVICES TO BLUE TENT FARMS LLC AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLUE TENT FARMS LLC WHEREAS, for the past 13 years, the City has contracted for grazing services as a preferred method for vegetation control in the City’s open space areas by the US Army Corp or Engineers and California Department of Fish and Wildlife; and WHEREAS, the amount of open space acreage owned and maintained by the City increased from 465 acres in 2010 to 996 acres in 2024; and WHEREAS, the invitation for bids for grazing services was advertised September 7, 2023, and September 14, 2023, with the bid opening Thursday, October 9, 2023, two bids were examined and found to be in compliance with all applicable specifications; and WHEREAS, the bids that were received were significantly higher than proposals received in previous years due to an increase in inflation, fuel costs, increase in payroll, insurance, and animal rental; and
WHEREAS, the lowest responsible bid determined to be $1,539,158.00 submitted by Blue Tent Farms LLC; and
WHEREAS, The total cost of the project exceeds the budgeted amount; therefore, a budget amendment may be necessary and will be included in the next quarterly financial report.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for the 2024 Grazing Services is awarded to Blue Tent Farms LLC and the City Manager is authorized to execute the Agreement with Blue Tent Farms LLC, in substantially the form attached hereto as Exhibit “A.”
Section 2. The City Manager, or their designee, is authorized to add/delete square acreage as the City increases/decreases open space areas.

Section 3. The City Manager is authorized to renew the contract for two additional one-year periods, provided funding is available.
290

Page 2 ends

Reso. No. 2024-
PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda , Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
291

Page 3 ends

Reso. No. 2024-

EXHIBIT A
292
1 Sealed Bid

CONTRACT FOR SERVICES

THIS CONTRACT is made on February 27, 2024, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Blue Tent Farms, LLC “Contractor,” who mutually agree as follows:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of One Million, Five Hundred and Thirty -Nine Thousand, O ne Hundred and Fifty -Eight Dollars ($1,539,158.00). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. Reimbursable expenses shal l be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for servic es to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
293
2 Sealed Bid
(1) J
ob/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

D. C
ity shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. C
ontractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

G. T
erm and Option for Renewal: The initial contract will be for a term of one (1) year from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Sixty days prior to the expiration date of the current contract, the City may re-negotiate out -year pricing (increases and/or decreases) based on market fluctuations.

I
f the term of the contract is extended beyond the initial one- year term, any requests made by the Contractor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change, not to exceed 4%. In its request for price increases Contractor shall cite sources, specific conditions, and document how those conditions affect the cost. 294
3 Sealed Bid
P
rice adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.

3. F

ACILITIES AND EQUIPMENT
C
ontractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until [] unless sooner terminated as provided herein.

B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

B
. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. C
ontractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement;
iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such 295
4 Sealed Bid
f
inancial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C
. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. I

NDEPENDENT CONTRACTOR
C
ontractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AM

ENDMENTS, CHANGES OR MODIFICATIONS
Ame
ndments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. E

XTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the C ity in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PR

OPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged 296
5 Sealed Bid
i
nformation, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. CO
MPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

F
or all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. W

ARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. C
ontractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

C
. Contractor shall perform all services required pursuant to this agreement in the manner and acc ording to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent 297
6 Sealed Bid
t
hat party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. A
ll products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services r equired under this agreement, prior to any such performance.

In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 298
7 Sealed Bid

13. AS

SIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. I

NTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. M

ATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. L

IABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.
299
8 Sealed Bid

17. I

NDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract.

These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreem ent. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CO

NTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representativ es, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. M
inimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits. 300
9 Sealed Bid

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contrac tor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, of ficials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. P
rimary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. N
otice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

4. W
aiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. S
elf-Insured Retentions . Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase 301
10 Sealed Bid
c
overage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. A
cceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. C
laims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
i. T
he Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. I
nsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. I
f coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. V
erification of Coverage . Contractor shall furnish
the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. S
ubcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
302
11 Sealed Bid

10. S
pecial Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its cost s, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement.

No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this 303
12 Sealed Bid
agr
eement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

Cit
y: City of Rocklin
Public Works Department
4081 Alvis Court
Rocklin, CA 95677
Cit
y of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
Contractor: Blue Tent Farms, LLC, dba Western
Grazers
859 Washington Street #259
Red Bluff, CA 96080
H. E
nforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In an y action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any 304
13 Sealed Bid
ent
ities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. E
xhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

NTRACTOR
B
y: _________________________
Tim Arrowsmith, Managing Partner
C

ITY OF ROCKLIN
B
y: __________________________
Aly Zimmermann, City Manager
305
14 Sealed Bid

ATTEST:

By: _______________________
Hailey Reid, Acting City Clerk

APPROVED AS TO FORM:

By: _______________________
Matthew McOmber, City Attorney

306
13 Sealed Bid

EXHIBIT A
C
ontractor Proposal/Scope of Work
ACCESS
City-owned open space properties anticipated for grazing are divided into Sections A, B, C, D, and E totaling of approximately 972 acres. Additional open space properties may be appended to the contract.

The
City shall furnish access to open space sites to assist in carrying out each specific project assignment. The City will provide keys necessary for accessing gates leading to the open spaces. The keys will be returned at the end of the contract term. Ga tes shall be closed and locked when not in use. The Contractor shall respect public and private properties and boundaries at all times.

ANIMALS
The Contractor shall supply, utilize, and care for the herd of adequate size to achieve the City’s objectives within the City’s timeframe and schedule. The Contractor shall be responsible for maintaining all animals in good health and complying with the City of Rocklin’s Weed Abatement and Open Space Management Grazing Program Regulations and Permit Conditions.

The C
ontractor shall utilize a licensed Veterinarian and provide the City the name, contact information, as well as the license number of the Veterinarian prior to the start of grazing season. Grazing animals shall consist of goats, sheep, or any combination of both. Guardian dogs and/or herding dogs may be used in support of grazing activities.

A
ll operations shall be carried out in accordance with best animal management and husbandry practices.

A
ll grazing animals owned by the contractor, will be certified disease free, healthy, well- nourished and free of internal and external parasites, Caprine Arthritis Encephalitis (CAE) free for goats, Ovine Progressive Pneumonia (OPP) for sheep, and current on vaccinations for disease prevention. The licensed veterinarian, prior to the job, will inspect all grazing animals and perform blood testing at the cost of the contractor.

The C
ity shall receive copy of veterinarian records for all grazing animals to be utilized on the project upon request. Testing should continue every 2-3 years following the initial test to ensure the herds overall health and well-being.

A
ll working dogs, including guardian and herding dogs, shall be current on vaccines and microchipped. Proof of vaccines and microchipping must be submitted to City prior to the start of grazing season.
307
14 Sealed Bid
If any animal dies during the grazing season, it shall be disposed of offsite within 48 hours or less. Contractor’s dead animals cannot be buried on City property, disposed of in City trash receptacles, or left to decompose on City property.

No lambing, or kidding will be permitted on City property.

COMMUNICATION
The Contractor shall be available by phone, 24 hours a day, 7 days a week, and be responsive to immediate needs or emergency situations while grazing animals are present within the City.

If the Contractor utilizes non- English speaking staff, the Contr actor shall provide a communication plan that describes how communication with non-English speaking staff will be facilitated.

DAMAGES
The Contractor shall be responsible for any damage that occurs to property, public or private, that is a result of Contractor negligence and/or is damaged through the normal course of work.

In the event that damage has occurred, the Contractor is to notify the City and property owner immediately and develop a plan to bring the site back to its initial condition. Should the City discover a location that has not been left in its initial condition, and the City has not been notified by the Contractor, the Contractor will be notified in writing to bring the site back into compliance.

The Contractor and its employees act as an agent of the City of Rocklin and represent the City in the performance of their work. Only Con tractor’s employees are allowed on City premises where work is being performed. The City shall have the right to have the Contractor remove employees from assi gnment to City facilities that are deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest, create a risk of liability to the City, or whose actions are inconsistent with the best interest of the City.

EQUIPMENT AND SUPPLIES
The Contractor s hall provide animals for grazing of vegetation, herdsman and all tools, materials, parts, and equipment for the on-site management of animals twenty-four hours a day, seven (7) days a week for the duration of the project.

FENCING
The Contractor shall be responsible for installing temporary electric fencing (netting) around the entire perimeter of each active grazing site within the open space areas to contain the grazing animals and to protect adjacent properties unless otherwise approved by the City. Refer to the permit requirements for signage language as well as signage distance requirements.

PERMIT
The Contractor shall be responsible for complying with the City of Rocklin’s Weed Abat ement and Open Space Management Grazing Program Regulations and Permit Conditions. The 308
15 Sealed Bid
Contractor shall work with the City in obtaining a grazing permit th rough the Rocklin Fire Department.

ROAD CROSSINGS & CLEAN UP
The Contractor shall be responsible for transportation of animals to and from each location. If crossing a road is necessary to move animals from one open space to another open space, the Contractor will notify Animal Control/Rocklin Police Department in advance of such event.

Following a road crossing, the Contractor shall clean up debris and fecal matter that may have accumulated on the roadway, sidewalk, curb and gutter during the road crossing. Clean up shall occur in in a timely manner and use dry methods to limit impacts to stormwater runoff.

SIGNAGE
Signage shall be posted at each campsite in the form of an A-frame barricade, banner, or other method that identifies the Contractors business name and corresponding phone number.

Signage shall also include a general description of purpose for grazing activities and how to avoid negative interactions with the animals. Signage shall be in public view and reasonably visible to pedestrians.

C
ontractor will post sign s every 165 feet warning the public of elect ric fencing and stating the business name with a 24hr. contact phone number, per the Weed Abatement and Open Space Management Grazing Program Regulations and Permit Conditions issued by the Fir e Department.

STAGING LOCATIONS
The Contractor shall ut ilize staging locations, including campsites , restroo ms, equipment storage, loading/unloading, and inspection/wellness locations , on public property that are in agreement with Cit y staff. Visual and audible impacts to adjacent priva te property shall be minimized to extent feasible.

VEGETATION REDUCTION AND BIOLOGICAL RECOMMENDATIONS
Grazing animals are intended to reduce vegetation to an approximate height of four (4) inches, including shrubbery, grasses, and brush as feasible, as determined by the City. Annual thatch monitoring is performed following completion of the grazing season. Residual dry matter (RDM) is evaluated on an annual basis and used to determine grazing pressure recommendations. The Contractor shall incorporate grazing pressure recommendations, in addition to other biological recommendations regarding environmentally sensitive species, habitats, or other best practices to help achieve the goals of the open spaces.

WATER SOURCES AND SUPPLEMENTAL FEED
The Contractor shall be responsible for providing water for the grazing animals, guardian dogs, and herding dogs. The Contractor shall be required to obtain and use, at their own expense, a portable water meter from Placer County Water Agency to access fire hydrants as a source of water. The use or access to private water sources are not permitted. 309
16 Sealed Bid
If necessary, supplemental feed may be us ed at the Contractors expense. Supplemental feed shall be placed away from naturally occurring surface water and any environmentally sensitive habitats. Supplemental feed shall be “weed free” to prevent the introduction of invasive plant species.
310

GRAZING PROGRAM REGULATIONS

AND PERMIT CONDITIONS
Purpose; Permit Required
A
. The City of Rocklin Weed Abatement and Open Space Management Grazing Program (“Grazing Program”) implements Rocklin, California Municipal Code Chapter 6.36 – LIVESTOCK; 6.36.050 – Grazing animals utilized for weed abatement, and 6.36.040 – Restrictions. Chapter 6.36.050 – Grazing animals utilized for weed abatement allows Grazing A
nimals (limited to goats and sheep) to graze open space, wetlands, and other appropriate areas of natural vegetation on a short-term basis. For the purposes of this program and these regulations, any specific reference to grazing animals, goats or sheep shall be interpreted to i
nclude both goats and sheep.

B
. Grazing Animals, as permitted by the Grazing Program, shall only be used for the pur
pose of removing potentially combustible vegetation and shall not be kept as pets within the City of Rocklin.

C
. It shall be unlawful for any landowner, herdsmen, co ntractor or any other person to engage in or carry on, or to permit to be engaged in or carried on, in or upon any land within the City, grazing activities utilizing any grazing animals unless the person first obtains and continues to maintain in full force and effect a Grazing Program permit issued by the City of Rocklin Fire Department; except if the keeping of such animals is otherwise consistent with the City of Rocklin zoning requirements.

D
. The Grazing Program permit shall be completed by both the grazing contractor and the l
andowner, and they shall submit the completed application to the issuing department (Rock lin Fire Department). The issuing department’s director (Fire Chief or his or her designee) shall either grant or deny the permit application within 20 calendar days of the day the completed application is submitted.

E. P
rior to issuance of the Grazing Progr am permit, pre-grazing photos of the grazing site s
hall be provided to the City of Rocklin Fire Department. Within 10 days of the completion of the grazing activities, post -grazing photos shall be taken and submitted to the Rocklin Fire Department. Failure to submit pre - and post-grazing photos shall be grounds for denial of any subsequent permit applications by the grazing contractor and/or landowner of record.

F
. The issuing department (Rocklin Fire Department) or their designee shall schedule and c
onduct regular inspections of grazing sites to ensure that permit conditions are met. The c
ontractor shall be responsible for attending scheduled inspections and failure to do so shall be gr
ounds for revocation of the Grazing Program permit.

G
. Effective January 1, 2022 the City of Rocklin has implemented the following fee schedule l
ocated at https://www.rocklin.ca.us/pod/fee-schedule. Please refer to pages 35-39 for the Public Safety Fire Department Services and Inspection fees that are required for Grazing P
ermits. The current Grazing Permit fee is based on acreage for privately owned properties (schools are exempt from fees but must still complete an application.) Please attach a check made payable to the City of Rocklin along with the completed Grazing Permit Application.

H. A
pplications may be submitted directly to the Rocklin Fire Department, Fire A
dministration office, located at 4060 Rocklin Road, Rocklin, CA 95677. The Fire 311
Administration office is open Monday through Friday between 8:00 a.m. and 5:00 p.m. and can be reached at (916) 625-5300. Please call ahead to coordinate application drop off and approval processing.

Care and Control of Animals
A
. The Contractor shall supply, utilize, and care for animals to graze the designated areas agreed to between the landowner and the Contractor.

B
. The Contractor is completely responsible for, and shall pay all costs necessary to ensure the health and safety for the animals and to comply with any applicable federal and state animal health requirements.

C
. All animals will be h ealthy, well-nourished and free of internal and external parasites, and current on vaccinations for disease prevention. Grazing contractors shall monitor livestock on a daily basis. Any sick o r injured animals should be treated and removed from the project if necessary. If veterinary care for any animal is required, the Contractor shall be responsible for costs incurred. Any animals that die during this project shall promptly be removed and dis posed of off-site by the Contractor.

D
. The contractor and landowner shall coordinate to ensure access to a supply of drinking water for all animals working on the project. This may include streams, creeks, ponds, or portable water tanks.

Nature of the Operation
A. The C
ontractor shall provide all personnel, tools, equipment, materials, means of t
ransportation, and support facilities necessary for the onset management of the animals and support of herdsmen, including a clean and adequate water supply for the animals.

B C
ontractor shall conduct grazing activities in a manner which keeps all animals under herdsmen’s control and appropriately confined within paddocks using portable electric fencing except when moving between grazing locations. The City or land owner, reserves the right to have Contractor remove from the gr azing site any animal which creates a noise nuisance or habitually escapes confinement or control of the herdsmen.

Environmental Management and Indemnification
A
. Any species of plants or trees to be protected from animal grazing should be identified prior to the start of grazing. Soil erosion is to be avoided and animals shall be move d i
mmediately if any evidence of erosion damage is visible.

B
. Landowner shall be responsible for identifying environmentally sensitive areas within the grazing site. The Contractor shall ensure that no animal grazing occurs in identified env
ironmentally sensitive areas.

C
. Landowner and Contractor hereby agree, jointly and severely, to defend, indemnify and hold harmless City and its officers, officials, employees, agents, consultants, subcontractors and volunteers from and against any and all claims, damages, losses and expenses including without limitation attorney fees, expert fees and related costs arising out of or relating to violations or alleged violations of any rule, regulation, or statute protecting environmentally sensitive areas or plant or animal species of any kind whatsoever in undertaking the grazing activities authorized by this permit.
312
Herdsmen
A
person employed by the Contractor shall be on or near the work site during the entire time of this project. Living accommodations such as a portable self-contained living trailer (e.g., tent trailer, trailer, 5th wheel, camper shell or motor home) shall be provided by the Contractor for this person. The herdsmen shall have a cell phone provided by the Contractor for communication.

The herdsmen shall not smoke or use open fires for cooking. The campsite shall be kept clean and near the current grazing paddock. Movement of the camp is the responsibility of the Contractor.

Herd Control and Predator Deterrence
The C
ontractor may use dogs, or upon approval by the City, other appropriate animals for herd control and predator deterrence. The Contractor’s dogs may wo rk off leash in order to accomplish this scope of work. All dogs used for this purpose shall be vaccinated for rabies and shall have a certificate of vaccination by a licensed veterinarian.

Signage
S
ignage identifying the contractors business name and a 24 hour contact phone number shall be required every 165’ on all sides of the paddock area where there is the potential of public accessibility. The intent is that citizens and neighbors first address their questions and concerns directly with the contractor.

Contractor Insurance Requirements
A
. During the term of this permit and any extension thereof, the Contractor shall obtain and thereafter maintain at least the minimum insurance coverage as set forth below:

1. W
orker’s Compensation: Statutory Limits;

2. Commercial General Liability: $2,000,000 combined single limit; and

3. Commercial Automobile Liability: $1,000,000 combined single limit.

B
. All insurance required hereunder shall:

1. P
rovide that it is primary to and not contributing with, any policy of insurance carried by City or Landowner covering the same loss;

2. Include an endorsement providing that written notice shall be given to Landowner at least thirty (30) days prior to termination, cancellation, or reduction of coverage in such policy. (10 day non-payment is OK)

3. Include an endorsement waiving all rights of subrogation against City and Landowner;

4. Include an endorsement in substance and form satisfac tory to City, naming City and Landowner as an additional insured; and

5. Be procured from companies that are licensed in the State of California and tha t ar
e reasonably acceptable to City.

C
. Contractor shall provide City with a certificate of insurance evidencing that Contractor has obtained all insurance required under this permit prior to commencement of any work or activit y at
the Grazing Site.
313
D. The amount of coverage of insuranc e obtained by Contractor pursuant to these Permit requirements shall not limit Contractor’s liability nor relieve Contractor of any obligation or liability resulting from activities related to this permit.

Indemnification Provisions
A. Cont
ractor understands the nature of the work to be performed under this permit, has inspected the site where the work is to be performed, and understands any potential dangers incidental to performing the work at the site. Contractor hereby voluntarily releases, discharges, waives, and relinquishes any and all actions and causes of action for personal injury (including death) or property damage occurring to himself/herself arising out of or as a result of performing the work under this permit. Contractor agrees to defend, indemnify and hold harmless the City of Rocklin, its officers, employees and volunteers, from any claims, demands, damages, costs, expenses or liability for personal injury (including death) or property damage, arising out of or connected with his/her work under this permit or issuance of this permit. Contractor agrees that under no circumstances will he/she, or his/her heirs, executors, administrators and assigns prosecute or present any claim against the City of Rocklin or any of its officers, employees or volunteers for person injury (including death) or property damage, including those which arise by the negligence of the City of Rocklin or any of said persons, whether passive or active. The indemnification provisions of this section shall not be construed t o require Contractor to indemnify against liability for claims, damages, losses, or expenses arising out or relating to trespassers or other persons entering or using the grazing site for purposes unrelated to the grazing activities related to this permit.

B. Landow
ner shall indemnify, defend and hold harmless City and its officers, off icials, employees, agents, consultants, subcontractors and volunteers from and against any and all claims, damages, losses and expenses including without limitation attorney fees, expert fees and related costs arising out of or relating to the activities authorized by this permit. Landowner agrees that under no circumstances will he/she, or his/her heirs, executors, administrators and assigns prosecute or present any claim again st the City of Rocklin or any of its officers, employees or volunteers for person injury (including death) or property damage, including those which arise by the negligence of the City of Rocklin or any of said perso ns, whether passive or active.

Denial or Revocation; Appeal Process
A. The
requirements, regulations and provisions set forth above shall be deemed conditions imposed upon every grazing management permit approved, and failure to comp ly with every such requi rement shall be grounds for suspension, revocation or other action on the permit issued pursuant to these regulations.

B. Fai
lure to comply with any and all requirements will result in escalating enforcement including a verbal warning followed by a written warning and finally revocation of the permit. Contractors who have had a permit revoked in the previous year shall not receive a warning prior to revocation or suspension. Revocation of a grazing permit in a previous year shall be grounds for denial of future permit applications.

C. The
denial or revocation of a grazing permit by the issuing department’s director (Fire Chief or his or her designee) may be appealed by the applicant or permit holder to the city manager. The appeal must be filed in writing with the city clerk not lat er than the fifteenth day after the date
314
notice of the director's decision is mailed to the applicant or permit holder. On receipt of an appeal, the city clerk shall set the matter for hearing occurring within fifteen days after receipt of the appeal. Notice of the hearing shall be mailed to the applicant or permit holder, at least three days before the hearing. On appeal, the city manager may hear and determine the matter as if it were an original application. The city manager shall issue a decision in writing within 20 calendar days from the date of the appeal hearing. The City Manager's determination of the matter shall be final.
315
316
PLEASE PROVIDE THIS INFORMATION FOR EACH GRAZJ ,G SITE. ATTAOi l.JlTIPLE COPIES. OF Tiil5 PA/GE IF NECESSARY.

GRAZING s.JTIE INFORMATION
Locatio,n:

Area/Acres to be •Grazed:

Map Att3,i:hed: □ Yes □ No
D.;,suiption o · tine vegetation .3 md/or fuels a a,ted:

Upecte start Date:

E�pected E11 d D;;te:

Nlum ber of Animal$:

If animal. \lllill be rm� across a IPU lie s,treet, lis stree-t namejs}:
conditions of Ap·prnval
FIRE DEPARulMENT USE ONLY Permit Terminated by.-
Print Name and Ti e:
5igna ure: Date:
0 PERMIIT TERMINATION ElrFE•CTIVE 3te: ___ _ D Non-compl'iance of Permit Reg,11latio,ns amd conditions □ Viola,tton o RMC 6.36: __________ _
0 Other:. _______________ _
317
19 Sealed Bid

EXHIBIT B
S
chedule of Performance
The initial contract will be for a term of one (1) year from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.
318
20 Sealed Bid

EXHIBIT C
Schedule of Fees
This Agreement is for an amount not to exceed total sum of One Million, Fiv e Hundred and
Thirty-Nine Thousand, One Hundred and Fifty-Eight Dollars ($1,539,158.00).

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair,
reasonable, and in the best interest of the City to extend the agreement.

The City Manager or their Designee is authorized to add/delete square acreage as the City increases/decreases open space areas.
319
320
21 Sealed Bid
EXH
IBIT D
C
ERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I
am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

NTRACTORS
By :
[ Title]
321

RESOLUTION OF DISPUTES REGARDING THE BIDDING PROCESS
The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the City’s ability to carry out its purpose of completing the work in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the City for this project, the Bidder agrees to comply with and to be bound by this procedure.

1. If
the Bidder believes that any provision in the solicitation for Bids is vague, ambiguous, conflicting or contrary to law, then the Bidder shall promptly bring its concern to the City by written notice specifying the provision(s) in question and the factual and legal bases for concern. Failure of the Bidder to raise any concern relating to a solicitation requirement within at least two (2) working days prior to the Bid due date will be deemed a waiver of the Bidder’s right to protest based on alleged vague, ambiguous, conflicting or unlawful requirements in the solicitation.

2. Within five (5) calendar days after the opening of Bids, Bidder shall provide a written notice to the City of any and all mistakes regarding the Bid for which a Bidder requests relief.

3. No later than five (5) calendar days after Bids are opened, the Bidder must submit in writing to the City an explanation of all legal and factual grounds for any protest. These requirements are to be strictly construed. Untimely protests and/or grounds not set forth in the protest will not be considered. Failure to timely protest or otherwise comply with the protest requirements will constitute a waiver of the right to challenge and forever bar the Bidder from challenging, whether before the City or any administrative or judicial tribunal, any particular Bid(s), the bidding process, or the Contract award on any ground not set forth in the protest. Upon receipt of a protest, the City will provide a copy to any Bidder whose Bid is challenged in the protest.

4. If a timely written protest is provided to the City at least two (2) business days before any City Council meeting at which the award of the Contract will be considered, then the City shall make reasonable efforts to provide the protesting Bidder with a written response to the protest prior to the City Council meeting. A copy of any City response will be provided to any other Bidder responding to the protest.

5. Notice of the date and time of the City Council meeting at which the award of the Contract for the Project shall be considered will be posted on the City’s website.

Cont ractor
Dat e
Si gnature
322
City Council
Staff Report

Subject:

Twin Oaks Park Snack Bar Roof Repair Contract
Date:

February 27, 2024
Submitted By:

Justin Nartker, Director of Public Services
Matt McClure, Public Services Manager
Department:

Public Services
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving Amendment No. 2 to the Agreement for the Twin Oaks Snack Bar Roof with Building Concepts Construction Company and Authorizing the City Manager to Execute Amendment No. 2.

Background:

In October 2023, the City entered into an agreement with Building Concepts Construction Company, in an amount not to exceed $48,220, to replace the roof on the Twin Oaks Park Snack Bar.

Once the existing roof was removed, numerous areas of dry rot were identified that were not visible prior to the roof removal. These areas needed to be repaired prior to work continuing.

Amendment No. 1 to the agreement extended the length of time allowed for performance. The areas of dry rot were repaired, work continued, and the project was completed on January 3, 2024.

During the course of project, it was determined the additional work was at a cost of $4,680, which exceeds the contract ceiling. Incorporating the additional cost brings the total contract amount to $52,900, which is over the City Manager’s signing authority. Therefore, staff recommends the City Council approve the second amendment to the agreement, increasing the contract ceiling to $52,900.

Fiscal Impact:

There is no fiscal impact to the General Fund from the staff recommendation. The contract cost of $52,900 is included in the FY 2023/24 Operating Budget.

Item Number 2I.

ATTACHMENTS:

1. Resolution with Exhibit A - Amendment No. 2
323
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING AMENDMENT NO. 2

TO THE AGREEMENT FOR THE TWIN OAKS SNACK BAR ROOF WITH BUILDING CONCEPTS

CONSTRUCTION COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2
WHEREAS, on October 12, 2023, the City of Rocklin entered into an agreement with Building Concepts Construction Company, to remove and replace the Twin Oaks Snack Bar Roof; and
WHEREAS, one (1) Amendment has been issued extending the agreement from forty-five business days to sixty business days; and
WHEREAS, staff has determined that there were numerous areas of dry rot not visible prior to the roof removal that need to be remedied before work could continue; and WHEREAS, the areas of dry rot were repaired for an additional Four Thousand Six Hundred Eighty Dollars, bringing the total contract amount to Fifty-Two Thousand Nine Hundred Dollars ($52,900) which is over the City Manager’s signing authority; and WHEREAS, this project was completed on January 3, 2024.

WHEREAS, There is no fiscal impact to the General Fund and is included in the FY 2023/24 Operational Budget.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby approves Amendment No. 2 to the Contract for Services with Building Concepts Construction Company and authorizes the City Manager to Execute Amendment No. 2 in substantially the form attached hereto as Exhibit “A.”
PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
___________________________
Vinta Singh, City Clerk
324
AMENDMENT NO. 2

TO CONTRACT FOR SERVICES BETWEEN THE CITY OF ROCKLIN
AND BUILDING CONCEPTS CONSTRUCTION COMPANY, EFFECTIVE OCTOBER 12, 2023 This Amendment is entered into as of this 27th day of February, 2024, by and between the City of Rocklin, a municipal corporation (“City”) and Building Concepts Construction Company, (“Contractor”), who agree as follows:

RECITALS
WHEREAS, Building Concepts Construction Company and the City of Rocklin entered into an agreement on October 12, 2023, to replace the roof at the Twin Oaks Snack Bar; and WHEREAS, the Contract for Services, Schedule of Fees identified that the not to exceed amount was $48,220; and
WHEREAS, upon removal of the existing roof, additional dry rot was found that needed to be remedied prior to the new roof installation; and
WHEREAS, the cost to perform the dry rot remediation is Four Thousand Six Hundred Eighty Dollars ($4,860) bringing the total contract amount to Fifty-Two Thousand Nine Hundred Dollars ($59,00).

AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Contract as follows:

1. Section “2” entitled “Compensation” is amended to increase the not to exceed amount of the Contract from $48,220 to $52,900.

2. Exhibit A is amended to include the additional services set forth in Exhibit A, attached hereto, and incorporated herein.

3. Exhibit C is amended to include the fees for the additional services, as set forth in Exhibit C, attached hereto, and incorporated herein.

Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Contract, the terms of this Amendment will prevail.

Executed as of the date first written above.
325

CITY OF ROCKLIN
By: _____________________________
Aly Zimmermann, City Manager

CONTRACTOR
By: _____________________________
Print Name: Michael Peterson
Title: Owner

APPROVED AS TO FORM:

By: ____________________________
Matthew McOmber, City Attorney
ATTEST:

By: ____________________________
Avinta Singh, City Clerk
326

EXHIBIT A
Scope of Services
The additional Scope of Work includes the following:

Numerous areas with dry rot. After removal of existing roofing material dry rot was visible in numerous areas and on every roof slope. Approximately 7-11 sheets of plywood sheathing will need to be removed and replaced. Possible roof rafter replacement will be needed upon inspection. Scissor lift required.
327

EXHIBIT C
Schedule of Fees
Fees for the services described in Exhibit A will be for an amount not to exceed Four Thousand Six Hundred Eighty Dollars ($4,680).

Existing Contract Amount $48,220
Additional Cost Above $ 4,680
Revised Contract Amount $59,200
328
City Council
Staff Report

Subject:

Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction Project
Date:

February 27, 2024
Submitted By:

Justin Nartker, Director of Public Services
Richard Lawrence, Public Services Manager
Department:

Public Services
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction Project to McGuire and Hester and Authorizing the City Manager to Execute the Construction Agreement.

Background:

The Five Star Boulevard, Destiny Drive, and Mission Hil ls Phase IV Reconstruction project
was included in the 2024-2028 Capital Investment Plan and the Fiscal Year (FY) 2023/24 Operating Budget approved by the City Council on June 27, 2023. This project consists of the removal and replacement of three (3) inches of failed asphalt on Five Star Boulevard, Destiny Drive, and Argonaut Avenue (see Attachment 2 for location maps).

The project bid was advertised on December 14, 2023, and December 21, 2023, with the bid opening Thursday, January 18, 2024. Seven (7) bids were received from the following (see Attachment 3 for the Bid Summary):

CONTRACTOR
BID
McGuire and Hester
$1,388,997.50
All Phase Construction
$1,620,410.00
Lamon
$1,692,070.5
0 George Reed, Inc.
$1,711,470.00
JD Pasquetti
$1,738,129.00
Central Valley Engineering
$1,806,792.50
Western Engineering
$1,867,235.00

Staff has reviewed the bids for sufficiency, determined they were responsive, and determined McGuire and Hester submitted the lowest responsible bid. Staff recommends that the City Council award the contract to McGuire and Hester. Pursuant to the Rocklin Municipal Code Item Number 2J.

329
section 3.04.050, the City Manager will have change order authority up to fifteen (15) percent of the contract amount ($208,349.63), bringing the total cost to $1,597,348 (rounded).

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has review Five Star Blvd., Destiny Dr., and Mission Hills Phase IV Reconstruction project and determined that it falls under the previously approved Notice of Exemption for the City’s road resurfacing projects, Resolution 2019-236, and is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 & 15302.

Fiscal Impact:

There is no direct fiscal impact to the General Fund from the staff recommendation. This project is funded out of SB1 Road Maintenance and Rehabilitation (RMRA) Fund (205) and SB325 Sales Tax Fund (210). The contract cost of $1,597,348 is included in the FY 2023/24 Capital Improvement Budget.

ATTACHMENTS:

1. Resolution with Exhibit A - Construction Agreement

2. Project Location Maps

3. Bid Summary
330
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE FIVE STAR BOULEVARD, DESTINY DRIVE, AND MISSION

HILLS PHASE IV RECONSTRUCTION PROJECT TO MCGUIRE AND HESTER AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT
WHEREAS, the Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction consists of removal and replacement of three inch of failed asphalt on Five Star Boulevard, Destiny Drive, and Argonaut Avenue; and
WHEREAS, the invitation for bids was advertised on December 14, 2023, and December 21, 2023, with the bid opening Thursday, January 18, 2024, and bids were thereafter examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $1,388,997.50, submitted by McGuire and Hester and staff recommends that the contract for the project be awarded to McGuire and Hester; and
WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen (15) percent of the contract $208,350 (rounded), is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized Project amount to $1,597,348 (rounded); and
WHEREAS, this project is included in the Fiscal Year (FY) 2023/24 budget approved by the City Council of the City of Rocklin and is funded using Road Maintenance and Rehabilitation (SB1) Funds (205) and Sales Tax (SB325) Funds (210); and NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for the Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction is awarded to McGuire and Hester and the City Manager is authorized to execute the Construction Agreement with McGuire and Hester in substantially the form attached hereto as Exhibit “A.”
PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
331

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Reso. No. 2024-
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
332

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Reso. No. 2024-

CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of February 27, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and McGuire and Hester a California Corporation (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

B. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

C. The Contract Documents shall include the Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

III. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail.

IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled: Five Star Blvd., Destiny Dr., and Mission Hills Phase IV Reconstruction V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, One Million, Three Hundred and Eighty-Eight Thousand, Nine Hundred and Ninety-Seven Dollars, and Fifty Cents, ($1,388,997.50) as the stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the 333

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Reso. No. 2024-
General Conditions.

IIII. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.

IVII. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.

VII. TIME OF COMPLETION
A. The entire Work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.

B. Failure to complete the Work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.

X. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any 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 to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.

XI. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages.

B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Rocklin by reasons of the delay in the completion of the Project to serve the public at the earliest possible time.

C. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that it understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
334

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Reso. No. 2024-
XII.LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Hundred Dollars ($500.00) for each Calendar day, continuing to the time at which the Work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

VIIII. TERMINATION AFTER ALLOTTED WORKING OR CALENDAR DAYS A. In addition to any rights it may have, City may terminate this Contract or the Contractor’s right to proceed at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted.

B. Upon such termination Contractor any compensation shall be in accordance with Section

5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

XIV. CONTRACTOR BANKRUPT
A. If Contractor should commence any proceeding under the Bankruptcy Act, or if contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Article 5 of the General Provisions.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.

XV. PERFORMANCE AND PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

B. Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the following with the bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

XVI. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. 335

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Reso. No. 2024-
B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.

C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

XVII. LABOR CODE COMPLIANCE
A. City affirmatively identifies this project as a “public work” as that term is defined by Labor Code section 1720, and the project is, therefore, subject to prevailing wages under Labor Code section 1771.

B. Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement. /////SIGNATURE PAGE FOLLOWS/////
336

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Reso. No. 2024-
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)
Date Tax I.D. Number
Signature Signature
Print Name Print Name
Title Title
CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager
APPROVED AS TO FORM:

Matthew McOmber, City Attorney
ATTEST:

Avinta Singh, City Clerk
337

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Reso. No. 2024-
CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.

NOTARY TO ATTACH CURRENT ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
338
Project Location Maps
Five Star Blvd. & Destiny Dr.
339

MISSION HILLS PHASE IV
340
341
City Council
Staff Report

Subject:

Resolution of Intent to Order the Vacation of a Public Street (Yankee Hill Road)
Date:

February 27, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Lynn Toth, Associate Civil Engineer
Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin of Intention to Order the Vacation of a Public Street and Setting a Public Hearing Thereon (Yankee Hill Road).

Background:

Yankee Hill Road today exists from Pacific Street in a northerly direction to a dead-end barrier at Antelope Creek and the westbound Union Pacific Railroad (UPRR) line (a location map and diagrams depicting the portion of Yankee Hill Road to be abandoned are included as Attachment 4). Historically, Yankee Hill Road was planned to be built north of the westbound UPRR line but this section of roadway has not been used for public access for many years, and there are no anticipated future needs for its use as a public roadway. The City Council ordered summary vacations of portions of the northerly sections of the roadway in 1986 and 2003 pursuant to City Council Resolution Nos. 86-150 and 2003-127, respectively, and those portions of roadway are now abandoned. This last remainder of roadway that requires abandonment lies between the eastbound and westbound tracks of UPRR.

A portion of the roadway adjacent to Independence Place will be retained in order to provide access to an undeveloped parcel west of Yankee Hill Estates, approved by Planning Commission Resolution No. 2022-12, as “Yankee Hill Road Property Tentative Map” on April 5, 2022.

Due to the existence of several utilities located within the old roadway area, the City will reserve a public utility easement within that portion of the road right-of-way proposed to be abandoned, with the exception of the portion currently covered by the exclusive Pacific Gas and Electric (PG&E) easement associated with their existing gas facility regulator station, located at 3700 Independence Place, as shown in the highlighted portion of Attachment 5.

PG&E does not allow other easements or utilities within their exclusive easement area.

Item Number 2K.

342
Next Steps:

A public hearing will be held at 6:00 p.m. on March 26, 2024, at the Rocklin City Council Chambers, 3970 Rocklin Road, Rocklin, California, to consider a resolution ordering the vacation of this public street right-of-way.

Research by the City has determined that the ownership of the eastern 20-feet of the underlying property subject to the existing right-of-way is held by the City of Rocklin.

Therefore, once this Vacation of a Public Street right-of-way has been approved, City Staff intends to proceed with declaring that portion of the former right-of-way as “Exempt Surplus Land” by a resolution for consideration by the City Council at a future regular public meeting, per the California Surplus Lands Act (Govt Code §§ 54220 et seq.).

Fiscal Impact:

There is no fiscal impact associated with vacating the public road, as the processing of the documents and public notices is covered by the application fee paid for by the applicant for the public street vacation, CNA Engineering.

ATTACHMENTS:

1. Resolution - Yankee Hill Intent to Vacate

2. Resolution - Exhibits A and B - Right of Way Vacation

3. Resolution - Exhibit C - PG&E Easement.pdf

4. Vicinity and Location Maps

5. PG&E Easement
343
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

OF INTENTION TO ORDER THE VACATION OF A PUBLIC STREET AND

SETTING A PUBLIC HEARING THEREON
(Yankee Hill Road)
The City Council does resolve as follows:

Section 1. Pursuant to the Public Streets, Highways and Service Easement Vacation Law (Sts. & Hy. Code §8300 et seq.), the City Council does hereby declare its intent to vacate that public street, as shown and described in Exhibits A and B, attached hereto and by this reference incorporated herein, subject to the following reservation and exception:
a. A public utility easement shall be retained along with all other existing public and private easements.

Section 2. A public hearing on this matter shall be held at 6:00 p.m. on March 26, 2024, at the Rocklin City Council Chambers, 3970 Rocklin Road, Rocklin, California.

Section 3. The City Clerk shall cause a notice of the date, hour and place of the hearing on this Resolution of Intention to be published at least once a week for two successive weeks in the Placer Herald, a newspaper of general circulation within the City of Rocklin, and shall mail, by certified mail, a copy of this Resolution of Intention to all public bodies and public utility companies who have requested notice of vacation proceedings under Streets and Highways Code section 8346.

Section 4. Not less than two weeks before the date set for public hearing, the City Clerk shall cause notice of the intended vacation to be posted along the street proposed to be vacated. The notice shall refer to the passage of the Resolution, the day, hour and place set for hearing and shall describe the street proposed to be vacated. Notices shall be posted not more than 300 feet apart, or as otherwise provided in Streets and Highways Code section 8323, and at least three notices shall be posted.

PASSED AND ADOPTED this 27th day of February, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
344

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To Reso No.

Exhibits A and B
(Legal Description and Plat of Street)
345
346
347
OWNERS:

HOWE
NORMAN
APN:
010-010-044
.
348
LOT
37 349
ATTACHMENT 1
Road Abandonment Vicinity and
Location Maps
350
351
Road Abandonment Location
352
ATTACHMENT 2
ATTACHMENT 2
353
City Council
Staff Report

Subject:

Sunset Whitney Recreation Area Improvements
Date:

February 27, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Hunter Young, City Engineer/Deputy Director of Community Development Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding a Professional Services Contract for the Sunset Whitney Recreation Area Improvements Project to RSC Engineering, Inc. and Authorizing the City Manager to Execute the Agreement.

Background:

In 2018 the City of Rocklin completed the purchase of approximately 184 acres of land, formerly known as the Rocklin Golf Club, and which is now the Sunset Whitney Recreation Area (SWRA). After purchasing the property, the City conducted public engagement sessions to identify preferred recreational uses of the land as well as implement public safety measures such as trail improvements preparatory to the public using the trails. Furthermore, the Parks, Recreation, and Arts Commission as well as the City Council desired a master plan be developed for the area.

To this end, in April 2022, the City Council awarded an agreement to Melton Design Group (Melton) to develop the SWRA master plan. Following extensive stakeholder outreach, site analysis, and conceptual design, the master plan was presented for City Council consideration on February 14, 2023. The master plan provides for a multi-phased approach to implement various amenities, including a 16-court pickle ball facility as part of Phase I.

While the master plan was in its final stage of development, in December 2022 staff solicited proposals from landscape architects and/or civil engineers for the design of initial improvements, primarily the parking lot upgrades and the pickle ball courts. Multiple responses were received in early 2023 and evaluated based upon experience and qualifications of the firm, understanding of the services proposed, and completeness of the proposal. Staff determined RSC Engineering to be the most qualified to perform the professional services in connection with the project.

After advising RSC Engineering of the pending contract, staff engaged the consultant team several times during the past year to refine the proposed scope of work while staff performed Item Number 2L.

354
their due diligence with utility providers, and more specifically coordinating with the South Placer Municipal Utility District (SPMUD) on sewer related items, as this impacts the final location of both the pickle ball courts and the restroom facility. Additional minor changes to the master plan have also been contemplated since City Council adoption, leading to the delay in staff recommending a contract award to the City Council.

Staff now recommends that the City Council award a professional services contract to RSC Engineering to prepare design documents for Phase I improvements, which includes the following items:
1 .

Design of the proposed pickle ball courts;
2 .

Selection of a prefabricated restroom facility with associated design for a foundation and utility connections;
3 .

Site civil design of the full parking lot and underground utility infrastructure; 4 .

Utility coordination with utility companies; and
5 .

Technical studies to support an environmental document complying with California Environmental Quality Act guidelines.

The scope of work originally included only the pickle ball court design, however, upon further internal discussion, staff recommends augmenting the scope of work to include the restroom facility as identified in the 2024-2028 Capital Improvement Program. Furthermore, completing the site design to understand all utility needs for not only the pickle ball courts, but also future improvements will allow the City to better understand financial commitments and how to potentially phase construction.

It is anticipated that the design team will work to complete the broader site civil design over the next year concurrently with the environmental technical studies, with construction to follow in 2025.

Fiscal Impact:

The proposed fee for the professional services agreement is a time and materials agreement not to exceed $300,000.

Sufficient funds are available in the Sunset Whitney Recreation Area Improvements and Restrooms projects in the General Fund (100) to allow the design phase to proceed.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - RSC Engineering, Inc. Contract 355
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING

SERVICES FOR THE SUNSET WHITNEY RECREATION AREA IMPROVEMENTS PROJECT TO RSC ENGINEERING, INC. AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, in 2018 the City of Rocklin completed the purchase of land formerly known as the Rocklin Golf Club and which is now the Sunset Whitney Recreation Area (SWRA); and
WHEREAS, in 2022 the City of Rocklin retained Melton Design Group to prepare the SWRA master plan and to identify proposed improvements, including installation of pickle ball courts; and
WHEREAS, City staff solicited proposals to provide professional landscape architectural and engineering services; and
WHEREAS, the City now desires to enter into a contract with RSC Engineering, Inc. to provide the professional services necessary to construct various improvements at SWRA, including, at a minimum, pickle ball courts and a restroom facility; and WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved Capital Improvement Program budgets.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The City Council of the City of Rocklin awards the contract for professional services to RSC Engineering, Inc., and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

PASSED AND ADOPTED this 27th day of February, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
356

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ______________________________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and RSC Engineering, Inc. “Contractor,” who mutually agree as follows:

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of Three Hundred Thousand ($300,000.00). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

Sunset Whitney Recreation Area Improvements
2 1. Job/project name or description;

2. City’s current purchase order and/or work order number (if applicable);

3. Contractor’s invoice number;

4. Date of invoice issuance;

5. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;

6. Amount of invoice, itemizing all authorized reimbursable expenses;

7. Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

Sunset Whitney Recreation Area Improvements
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION / TERMINATION
A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

1. Contractor shall immediately cease rendering services pursuant to this agreement;

2. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement;

3. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 359
Contract for Services – RSC Engineering, Inc.

Sunset Whitney Recreation Area Improvements
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS
Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement. 360
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5 11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person. 361
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6 F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply.

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7 directed by the City.

15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR - NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract.

These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and 363
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8 completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

3. Workers’ Compensation:As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at 364
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9 least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days for notice of cancellation due to non-payment.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies: If any of the required policies for professional liability insurance provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by 365
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10 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL / MISCELLANEOUS PROVISIONS
A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

C. Inspection of Records. Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.
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11 D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

City: Hunter Young, City Engineer
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: James Vanderpost, P.E.

Vice President
RSC Engineering, Inc.
1420 Rocky Ridge Drive, Suite 150
Roseville, CA 95661

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their 367
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12 persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

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13 RSC Engineering, Inc.

By: __________________________________

CITY OF ROCKLIN
By: __________________________________
Aly Zimmermann, City Manager
APPROVED AS TO FORM:

By: _______________________________
Matthew McOmber, City Attorney
ATTEST:

By: _______________________________
Avinta Singh, City Clerk
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EXHIBIT A
Contractor Proposal / Scope of Work
The Scope of Work is as follows:
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EXHIBIT B
Schedule of Performance
The Scope of Work identified in Exhibit A will be completed by December 31, 2027. 377
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EXHIBIT C
Schedule of Fees
The Schedule of Fees is as follows:
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EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

RSC Engineering, Inc.

By: _____
381
City Council
Staff Report

Subject:

Whitney Community Park Pump Track
Date:

February 27, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Hunter Young, City Engineer/Deputy Director of Community Development Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding a Construction Contract for the Whitney Community Park Pump Track Project to American Ramp Company and Authorizing the City Manager to Execute the Agreement.

Background:

The City of Rocklin maintains 37 developed parks and another 200+ acres of open space providing a host of amenities and recreational activities for its residents. Over the past three years, the City considered installation of a bicycle pump track at various locations of which Whitney Community Park was determined to be the best-suited location. On July 26, 2022, the City Council awarded a design contract to American Ramp Company (ARC) to provide construction drawings for the pump track.

On June 27, 2023, staff presented the pump track conceptual design to the City Council for feedback. Additionally, staff provided a menu of options from which the City Council selected which amenities it considers of highest importance to the community. The top three priorities included: a bicycle pump track, a rubberized surface surrounding the track, and a parking lot extension to increase on-site parking.

ARC’s construction documents include the bicycle pump track and rubberized surface surrounding the track; the City will separately contract out the construction of the parking lot extension and will return to the City Council at a future meeting to make a recommendation for contract award for that particular element of the larger project.

Rocklin Municipal Code (RMC) Section 3.04.070 sets forth the requirements associated with a formal, competitive bidding process for Public Works projects. Because staff considers the construction of a bicycle pump track to be specialty work requiring field expertise not typically had by roadway contractors, staff utilized the resources of a company called Sourcewell in lieu of holding its own bidding process.

Item Number 2M.

382
Sourcewell is a cooperative purchasing program designed to provide state and local governments with access to competitively awarded cooperative purchasing agreements. The City is a member of Sourcewell and therefore able to piggyback off of their competitive procurement process as authorized by RMC Section 3.04.090(C). Sourcewell, through its publicly advertised Request for Proposals (RFP) process, previously selected contractors uniquely qualified to deliver bicycle pump tracks. For additional details associated with Sourcewell and its procurement process, visit https://www.sourcewell-mn.gov/.

The City subsequently requested construction pricing from ARC, the top ranked pump track contractor as determined by Sourcewell (ranked No. 1 out of eight bidding contractors).

ARC’s bid for construction is $715,401.10.

RMC Section 3.04.050 authorizes a contingency amount of up to 15 percent of the contract amount. The recommended contingency for this project is $84,598.90 (11.8% of the contract), for a total authorized construction budget of $800,000.00.

Environmental Analysis:

The development of the Whitney Community Park, and thus the proposed project, was analyzed as required by the California Environmental Quality Act (CEQA) as a part of the Northwest Rocklin Annexation Area Environmental Impact Report (EIR) and associated Addendum, approved and certified by City Council Resolutions No. 2002-230 and 2008-252, respectively. Pursuant to Public Resources Code Section 21166 and Section 15162 of California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines), no further environmental review of the project is required.

Fiscal Impact:

Northwest Rocklin Community Park Fee Funds (Fund 307) in the amount of $920,000 are budgeted and available in the Capital Improvement Program in Fiscal Year 2023/24 to support design and construction.

Additionally, the City will separately solicit bids for the construction of the parking lot extension and will return to the City Council at a future meeting to make a recommendation for contract award. At that same future City Council meeting, staff also anticipates recommending an award of a contract to provide construction management services for both construction of the pump track and the parking lot extension.

ATTACHMENTS:

1. Resolution
2 - Resolution Exhibit A - American Ramp Company Construction Agreement 3 - Resolution Exhibit A - Attachment #1 - Pump Track Specs for Bid 383
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING A CONSTRUCTION CONTRACT FOR THE WHITNEY

COMMUNITY PARK PUMP TRACK PROJECT TO AMERICAN RAMP

COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the Whitney Community Park Pump Track Project consists of installing a bicycle pump track on undeveloped land within Whitney Community Park; and
WHEREAS, the City is a member of Sourcewell, a Cooperative Purchasing Program that competitively awards cooperative purchasing agreements by which government agencies can utilize Soucewell’s publicly and competitively bid procurement process; and
WHEREAS, on October 6, 2020, Sourcewell issued an invitation soliciting contractor qualifications and pricing for bike parks and pump tracks; and WHEREAS, on November 24, 2020, proposals were opened and reviewed by Sourcewell staff, and American Ramp Company was identified as the most qualified and highest ranked of the bidding contractors; and WHEREAS, the City received a cost proposal from American Ramp Company in the amount of $715,401.10 to construct the Whitney Community Park Pump Track Project; and
WHEREAS, Northwest Rocklin Community Park Fee Funds (Fund 307) in the amount of $920,000 are budgeted and available in the Capital Improvement Program in Fiscal Year 2023/24 to support design and construction.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the construction contract for the Whitney Community Park Pump Track Project to American Ramp Company in the amount of $715,401.10 and authorizes an additional 11.8 percent construction contingency in the amount of $84,598.90 for a total authorized construction budget of $800,000.00.

Section 2. Authorizes the City Manager to execute an agreement in substantially the form attached hereto as Exhibit “A”.

PASSED AND ADOPTED this 27 th day of February, 2024 by the following vote:
384
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
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1 Construction Agreement

CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of February 27, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and American Ramp Company, (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

C. The Contract Documents shall include the Bid Documents, Addenda, Bid Form, Bid, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, Seven Hundred Fifteen Thousand, Four Hundred One Dollars and Ten Cents ($715,401.10) as the stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. 386
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IIII. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.

IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.

XII.LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be One Thousand Dollars($1,000.00) for each Calendar day, 387
3 Construction Agreement
continuing to the time at which the Work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

B. Upon such termination Contractor any compensation shall be in accordance with Section

5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.

XV.PERFORMANCE AND PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

Contractor must submit all of the following with the bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.
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C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties." XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement.

SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF , the parties hereto have signed the Agreement on the date set forth opposite their names.

Aly Zimmermann, City Manager
APPROVED AS TO FORM:

Matthew McOmber, City Attorney
ATTEST:

Avinta Singh, City Clerk
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CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.

WHITNEY COMMUNITY PARK

PUMP TRACK PROJECT

BID DUE NO LATER THAN
MONDAY, FEBRUARY 5, 2024
AT 2:00 PM VIA EMAIL TO
[email protected]

OVERNIGHT HARDCOPY OF BID TO

HUNTER YOUNG, CITY ENGINEER AT
3970 ROCKLIN ROAD, ROCKLIN, CA 95677

392

Table of Contents

TABLE OF CONTENTS

Bid Documents
Attachments

DOCUMENTS THAT MUST BE SUMITTED WITH BID
BID FORM (With Addenda Acknowledgement)
SUBCONTRACTOR LISTING FORM – ATTACHMENT A
NONCOLLUSION AFFIDAVIT – ATTACHMENT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT OR SUSPENSION – ATTACHMENT C
RESOLUTION OF DISPUTES – ATTACHMENT D
CERTIFICATION OF AUTHORIZATION – ATTACHMENT E
IRAN CONTRACTING CERTIFICATION – ATTACHMENT F

DOCUMENTS THAT MUST BE SUBMITTED UPON AWARD
CONSTRUCTION AGREEMENT – ATTACHMENT G
PERFORMANCE BOND – ATTACHMENT H
PAYMENT BOND – ATTACHMENT I
WORKERS’ COMPENSATION INSURANCE CERTIFICATION – ATTACHMENT J OPTIONAL: ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION – ATTACHMENT K

TO BE SUBMITTED AS PART OF CLOSE-OUT
GUARANTEE FORM – ATTACHMENT L

General Provisions

Special Provisions
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394
395
396
397
398
399
2 Certification re Debarment, Suspension

EXCEPTIONS TO CERTIFICATION

If Bidder has any exceptions to the Certification set forth above, state the exception and an explanation of the circumstances:

_________________________________________________________________

BIDDER:_________________________________ Date_____________________

BY: _____________________________________
Signature
________________________________________
Type/Print Name
________________________________________
Title

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401
402
403
1 Certificate of Authorization-Partnership

CERTIFICATE OF AUTHORIZATION
(If Bidder is a Partnership)

STATE OF CALIFORNIA
COUNTY OF ________________________

I HEREBY CERTIFY that at a meeting of the Partners of the ____________________________ _______________________________________________, a partnership existing under the laws of the State of California, held on ______________, 20___, the following resolution was duly passed and adopted:

“RESOLVED, that _______________________________________________, as ________________________ of the Partnership, be and is hereby authorized to execute the Bid dated _________________, 20___, to the City of Rocklin and this Partnership and that his/her execution thereof, attested by the _______________________________ shall be the official act and deed of this Partnership.”

I further Certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ day of _________________, 20___.

Managing Partner

Partnership Address
404
1 Certificate of Authorization-Joint Venture

CERTIFICATE OF AUTHORIZATION
(If Bidder is a Joint Venture)

STATE OF CALIFORNIA
COUNTY OF ________________________

I HEREBY CERTIFY that at a meeting of the Principals of the ____________________ ___________________________________________________, a joint venture existing under the laws of the State of California, held on ______________, 20___, the following resolution was duly passed and adopted:

“RESOLVED, that _______________________________________________, as ________________________________ of the Joint Venture, be and is hereby authorized to execute the Bid dated _________________, 20___, to the City of Rocklin and this Joint Venture and that his/her execution thereof, attested by the ___________________________ shall be the official act and deed of this Joint Venture.”

I further Certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Joint Venture this _________________ day of _________________, 20___.

Managing Principal

(seal)
Joint Venture Address

405
406
1 Construction Agreement

ATTACHMENT G

CONSTRUCTION AGREEMENT
T
HIS AGREEMENT, dated for identification as of February 27, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and American Ramp Company, (hereinafter called "Contractor").

The par
ties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

C. The Contract Documents shall include the Bid Documents, Addenda, Bid Form, Bid, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and
S
tandard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, Seven Hundred Fifteen Thousand, Four Hundred One Dollars and Ten Cents ($715,401.10) a s
t
he stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. 407
2 Construction Agreement
IIII. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.

B. Failure to complete the Work by the completion date and in the manner provided for by the Contract Documents shall s ubject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.

XII. LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be One Thousand Dollars ($1,000.00) for each Calendar day, 408
3 Construction Agreement
continuing to the time at which the Work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

B. Upon such termination Contractor any compensation shall be in accordance with Section

5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

Contractor must submit all of the following with the bonds:
• The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.
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4 Construction Agreement
C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and be come effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties." XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement.

SIGNATURE PAGE FOLLOWS
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5 Construction Agreement
IN WITNESS WHEREOF , the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)

Date

Tax I.D. Number

Signature

Print Name

Title

CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager

APPROVED AS TO FORM:

Matthew McOmber, City Attorney

ATTEST:

Avinta Singh, City Clerk

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6 Construction Agreement
CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.

NOTARY TO ATTACH CURRENT ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
412
1 Performance Bond

ATTACHMENT H

PERFORMANCE BOND
(To be Submitted with Construction Agreement)

BOND NO.:_______________

PREMIUM:_______________
City of Rocklin

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, hereinafter designated as the “Principal” a contract for _____________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by Principal is mor e particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, said Principal is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, the undersigned Principal and
_____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee, or longer guarantee if required in the Contract Documents, of all materials and workmanship; and shall indemnify and save harmless the CITY, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by CITY in enforcing such obligation.

The obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit the CITY’s rights or Principal’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
413
2 Performance Bond

Whenever Principal shall be, and is declared by the CITY to be, in default under the Contract Documents, Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at Surety’s option:

(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determinat ion by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, Surety and the CITY, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.

(3) Permit the CITY to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.

If Surety does not proceed as provided in Paragraphs 1-3 with reasonable promptness, Surety shall be deemed to be in default on this Bond seven (7) days after receipt of additional written notice from the CITY to Surety demanding that the Surety perform its obligations under this Bond, and the CITY shall be entitled to enforce any remedy available to it.

Surety expressly agrees that the CITY may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by Principal. Surety shall not utilize Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if the CITY, when declaring Principal in default, notifies Surety of the CITY’s objection to Principal’s further participation in the completion of the Project.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed there under shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

414
3 Performance Bond
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

Principal: ____________________________

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)

NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

415
1 Payment Bond

ATTACHMENT I

PAYMENT BOND
(To be Submitted with Construction Agreement)

BOND NO.:_______________

PREMIUM:_______________
City of Rocklin

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, (hereinafter designated as “Principal”) an agreement for _____________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as the “Contract”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, said Principal is required to furnish a bond in connection with said Contract providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the per formance of the Work contracted to be done, or for any work or labor done thereon of any kind the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Section 9100 of the California Civil Code, so as to give a right of acti on to them or their assigns in any suit brought upon this bond. 416
2 Payment Bond

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Contract or to the work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

Principal:______________________________

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)

NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

417
1 Workers Comp Insurance Cert.

ATTACHMENT J

WORKERS’ COMPENSATION INSURANCE CERTIFICATION
(To be Submitted with Construction Agreement)

TO THE CITY OF ROCKLIN:

The undersigned does hereby certify that he is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Workmen’s compensation or t o undertake self-insurance in accordance with the provisions of said Code, and that he will comply with such provisions before commencing the performance of work on this Contract.

Name of Contractor

By:_________________________
Title:________________________
Address:_____________________
Date:________________________
___________________________________________________________________________

PLEASE READ CAREFULLY BEFORE SIGNING

To be signed by authorized corporate officer or partner or individual. If the Contractor is:
(example)

1. An individual using a firm name, sign “John Doe, an individual doing business as “Blank Company.”

2. An individual doing business under his own name, sign: your name only.

3. A co-partnership, sign” “John Doe, and Richard Doe, co-partners doing business as Blank Company, by John Doe, Co-Partner.”

4. A corporation or limited liability company, sign: “Blank Company, by John Doe, Secretary.” (or other title)

5. A joint venture, sign: “Blank Joint Venture, by John Doe, Managing Principal.” 418
1 Escrow Agreement

ATTACHMENT K

ESCROW AGREEMENT FOR SECURITY DEPOSITS

IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between ______________________ __________________whose address is __________________________________________, hereinafter called Owner, ________________________________________ whose address is ________________________________________, hereinafter called Contractor, and _______ __________________________________ whose address is _________________________, _____________________________, hereinafter called Escrow Agent.

For the consideration hereinafter set forth, the Owner, 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 with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for (in the amount of) ___________________________________________dated _______________________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner 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 the Owner and Contractor. Securities shall be held in the name of ___________________________, and shall designate the Contractor as the beneficial owner.

2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The 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 the Owner pays the 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 the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

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

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 419
2 Escrow Agreement
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice t o the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the 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 and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbur sement of the securities and interest as set forth above.

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

On behalf of Owner: On behalf of Contractor:

Title Title

Name Name

Signature Signature

Address Address

On behalf of Escrow Agent:
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3 Escrow Agreement

Title

Name

Signature

Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

Title Title

Name Name

Signature Signature

421
1 Guarantee Form

ATTACHMENT L

GUARANTEE FORM

{Print on Contractor/Subcontractor Letterhead
And Submit at Close-Out}

{Contractor's Name} hereby unconditionally guarantees that the Work performed at _________________________________ [insert Project] has been done in accordance with the requirements of the Contract therefor and further guarantees the Work of the Contract to be and remain free of defects in workmanship and materials for a period of one (1) year from and after City acceptance of the Work, in accordance with the General Provisions, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby agrees to repair or replace any and all Work, together with any adjacent Work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the City , ordinary wear and tear and unusual abuse and neglect only excepted. The Contractor has provided contract bonds, which will remain in full force and effect during the guarantee period.

The Contractor further agrees that within ten (10) calendar days after being notified in writing by the City of any Work not in accordance with the requirements of the contract or any defects in the Work, it will commence and prosecute with due diligence all Work necessary to fulfill the terms of this guarantee, and to complete the Work within a period of time stipulated in writing.

In the event it fails to so comply, Contractor does hereby authorize the City to proceed to have such Work done at the Contractor’s expense and it will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys’ fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.

The guarantee period for corrected defective work shall continue for a duration equivalent to the original guarantee period.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the City , or its propert y or licensees, the City may undertake at the Contractor’s expense without prior notice, all Work necessary to correct such hazardous condition when it was caused by the Work of the Contractor not being in accordance with the requirements of this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph.

The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way limiting or reducing the City’s rights to enforce all terms of the Contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the City’s rights on such contract.

CONTRACTOR’S SIGNATURE

PRINT NAME_____________________________
422

1 General Provisions

CITY OF ROCKLIN

GENERAL PROVISIONS

TABLE OF CONTENTS
CHAPTER SUBJECT Page
TABLE OF CONTENTS ............................................................................................. 1 CHAPTER 1 TERMS AND DEFINITIONS ................................................................. 3 CHAPTER 2 BID REQUIREMENTS AND CONDITIONS ........................................ 12 CHAPTER 3 AWARD AND EXECUTION OF CONTRACT ..................................... 22 CHAPTER 4 SCOPE OF WORK ............................................................................. 33 CHAPTER 5 CONTROL OF WORK AND MATERIALS ........................................... 41 CHAPTER 6 LEGAL RELATIONS AND RESPONSIBILITIES ................................. 59 CHAPTER 7 PROSECUTION OF THE WORK........................................................ 85 CHAPTER 8 MEASUREMENT AND PAYMENT ................................................... 100 CHAPTER 9 CHANGES AND CLAIMS ................................................................. 110 CHAPTER 10 ENVIRONMENTAL CONTROLS AT WORK SITE .......................... 128 CHAPTER 11 PRECONSTRUCTION PHOTOGRAPHS AND RECORD
DRAWINGS ................................................................................... 136

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2 General Provisions

CHAPTER 1 – TERMS AND DEFINITIONS

TABLE OF CONTENTS

Section Page
1-1 GENERAL 3
1-2 ABBREVIATIONS ........................................................................................................... 3 1-3 DEFINITIONS ................................................................................................................. 4

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3 General Provisions

CHAPTER 1 TERMS AND DEFINITIONS

1-1 GENERAL

The Contract Documents are written to the Bidder before award and the Contractor after award. Before award, interpret sentences written in the imperative mode as starting with “The Bidder must” and interpret “you” as “the Bidder” and “your” as “”the Bidder’s.” After award, interpret sentences written in the imperative mode as starting with “The Contractor must” and “you as “the Contractor” and “your” as “the Contractor’s”.

Where a location is not specified with the words “shown,” “specified,” or “described”, interpret:

1. “Shown” as “shown on the plans.”

2. “Specified” as “specified in the Specifications.”

3. “Described” as “described in the Contract Documents.” “Described” means “shown, specified or both.”

Whenever the following terms, titles, or abbreviations are used in the Contract Documents, the intent and meaning shall be as herein defined. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he”, are utilized in the Contract Documents for the sake of brevity, and are intended to refer to persons of either gender.

1-2 ABBREVIATIONS

AASHTO American Association of State Highway and Transportation Officials AC Asphalt Concrete
ACI American Concrete Institute
ADA Americans with Disabilities Act
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
APA American Plywood Association
ARB California Air Resources Board
ASA American Standards Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
AWS American Welding Society
AWWA American Water Works Association
BMP Best Management Practice
California-
MUTCD California Manual of Uniform Traffic Control Devices Cal-OSHA California Occupational Safety and Health Administration Caltrans California Department of Transportation
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act of 1970
CL Centerline
CPM Critical Path Method
CSI Construction Specifications Institute
CWA Clean Water Act
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4 General Provisions

CY Cubic Yards
DI Drop Inlet
DIR California Department of Industrial Relations
DLSE Division of Labor Standards Enforcement
DWR Daily Work Report
EA Each
EP Edge of Pavement
ESCP Erosion and Sediment Control Plan
FS Federal Specifications
LF Linear Feet
LS Lump Sum
MSDS Material Safety Data Sheet
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Act
OPRL DIR, Director’s Office of Policy, Research and Legislation PCC Portland Cement Concrete
PG&E Pacific Gas & Electric
PS Pump Station
QC Quality Control
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
SD Storm Drain or Storm Drainage
SF Square Foot/Feet
SS Sanitary Sewer
STA Station
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TCP Traffic Control Plan
Title 8 Title 8 (Construction Safety Orders) of the California Code of Regulations Title 19 Title 19 (Public Safety) of the California Code of Regulations Title 24 Title 24 (Building Standards) of the California Code of Regulations TOC Top of Curb
Typ. or TYP Typical
UL Underwriters' Laboratories, Inc.

UBC Uniform Building Code (latest edition)
UMC Uniform Mechanical Code (latest edition)
UPC Uniform Plumbing Code (latest edition)
USA Underground Service Alert

1-3 DEFINITIONS

Acceptance, Final Acceptance – Formal action of the City of Rocklin in determining that the Contractor's work has been completed in accordance with the Contract Documents and in notifying the Contractor in writing of the acceptability of the Work.

Acts of God – "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, tidal waves, flooding, tornadoes and hurricanes.
426

5 General Provisions

Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the proposed Contract Documents.

Agreement – The written agreement signed by the City and the Contractor covering the Work and the furnishing of labor, materials, tools, equipment, supplies, transportation, supervision, resources, and everything necessary to complete the Work.

Allowance – An amount of money set aside under the Contract for a special purpose identified in the Contract.

Architect, Consulting Engineer and/or Construction Manager – A person or persons, firm, partnership, joint venture, corporation, or combination thereof or authorized representative thereof, acting in the capacity of consultant to the City. The Architect or Consulting Engineer or Construction Manager shall issue directions to the Contractor only through the City. When the Contract Documents require that approval be obtained from the Architect or Consulting Engineer or Construction Manager, such approval shall be requested from and be given by the City.

As Shown, Etc. – Where "as shown", "as latest indicated", "as detailed", or words of similar import are used, the reference is to the Contract unless specifically stated otherwise. Where "as directed", "as permitted", "approved", or words of similar import are used, they shall mean the written direction, permission, or approval of the City.

Bid – When submitted on the prescribed bid form, properly signed and guaranteed, the Bid constitutes the offer of the Bidder to complete the Work at the price shown on the Bidder’s bid form.

Bidder – Any person, persons, firm, partnership, joint venture, corporation, limited liability company or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.

Bid Documents – The sum of the documents that comprise the Bid by a Bidder to perform the Work.

Bid Form – The approved form, which includes a sum of required documents, upon which the City requires a formal Bid be prepared and submitted for the Work. See BID FORM.

Bid Guarantee – The cash, cashier’s check, certified check, or Bidder’s bond accompanying the Bid submitted by the Bidder as a guaranty that the Bidder will enter into a Contract with the City for the performance of the Work if the Contract is awarded to the Bidder.

Bid Item – Individual line items to be included in the Bid, as set forth on the Bid Form.

Bid Opening – The event conducted by the City during which the sealed Bids submitted by Bidders to perform the Work are opened and publicly read.

Calendar Day – Every day shown on the calendar. When the Contract Time is stated in Calendar Days, every day will be charged toward the Contract Time.

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Change Order – A Contract amendment approved by the City that includes, but is not limited to, alterations, deviations, additions to, or deletions from, the Contract which are required for the proper completion of the Work. A Change Order may or may not include adjustments to the Contract Time and/or to the Total Contract Price.

City – Shall mean the City of Rocklin, acting through its authorized representatives.

City Council – The City Council of the City of Rocklin, a political subdivision of the State of California. Also referred to as “Council”.

City of Rocklin Construction Standard Specifications – the City’s standard specifications for construction, located on the City’s website.

City of Rocklin Improvement Standards– the City’s standard requirement for improvement projects, located on the City’s website.

Completion – The point in the Project at which the Work is 100% performed.

Construction Change Directive (CCD) – A written order to the Contractor, issued after execution of the Contract, signed by the City or the Owner’s Representative directing a change in the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price or Contract Time, or both, and which shall be used in the absence of total agreement with the Contractor on the terms of a Change Order or when time does not permit processing of a Change Order prior to implementation of the change.

Contract – The entire binding agreement and contract between the City and Contractor relating to the Project, including the Agreement, and all documents incorporated into the Agreement by reference, and all Contract Documents.

Contract Documents – The Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

Contract Commencement Date – The date established in the Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the executed Agreement for Construction or such other date as may be established therein.

Contract Completion Date – The date by which the Contract requires Completion.

Contract Schedule – The schedule produced by the Contractor in response to the requirements of the Contract Documents.
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Contract Time – The time stated in the Contract for completion of the Work. The Contract Time may be a single allotment of time, a group of times specific to portions of the Work, or a combination of the two.

Contractor – The person or persons, firm, partnership, joint venture, corporation, or combination thereof, private or municipal, who (that) has (have) entered into a Contract, as defined in the Contract Documents, with the City.

Day – Any reference to “day” or “days” without expressly stating whether they are “working days” or “calendar days” shall be construed to mean calendar days.

Director – The person appointed by the City Manager for the City of Rocklin for the department through which the Project will be procured.

Drawings – Also referred to as “Plans”. The Project Plans, Standard Drawings, drawings, profiles, typical cross sections, general cross sections, Working Drawings and supplemental drawings, plates or reproductions thereof, approved by the City, which show the locations, character, dimensions and details of the Work to be performed. Once approved, all such drawings are incorporated into and become a part of the Contract Documents whether or not reproduced in the Special Provisions.

In the above definition, the following terms are defined as follows:

A. Project Plans: The project plans and specific details and dimensions particular to the Work and as supplemented by the Standard Drawings insofar as the same may apply.

Engineer – The City Engineer of the City of Rocklin for which work will be done under these Contract Documents, acting personally or through agents or assistants duly authorized by the Engineer.

Estimated Quantities – The list of items of Work and the estimated quantities associated with the Work. The Estimated Quantities provide the basis for the Bid.

Field Directive – Written documentation of the actions of the City in directing the Contractor.

Also referred to as a “Directive.”

General Provisions – Specific clauses that are part of the Contract and are located in Chapters 1-11. They assist in the governing of the Contract and in the contract performance, setting forth conditions and requirements of the Contractor and the City.

General Requirements – The part of the Contract Documents establishing special conditions or requirements particular to the Work and general clauses that establish how the Project is to be administered and supplementary to the General Provisions and Special Provisions.

Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

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Inspector – The person or persons authorized to act as agent(s) for the City in the inspection of the Work.

Invitation for Bids – The written notice whereby interested parties are informed of the date, location, and time of the Bid Opening of a proposed City Project and the terms and conditions of submitting Bids to perform the Work. Also called Notice to Contractors.

Legal Holidays – Legal holidays shall include the following holidays designated by the City:

New Year's Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day.

Notice to Contractors – Same as Invitation for Bids.

Notice To Proceed – The written authorization by the City to the Contractor specifying the date the Work may begin and any conditions regarding the beginning of the Work.

Plans – See “Drawings.”

Progress Schedule – A schedule prepared and maintained by the Contractor indicating the current status of the Work and the projected activities, tasks and durations planned to complete the Work in accordance with the Contract Time of Completion dates.

Owner’s Representative – The City’s designated agent engaged to perform all functions delegated to the Owner’s Representative by the Contract Documents. The Owner’s Representative may or may not be the Project Manager or a construction manager. The Owner’s Representative will be the Contractor’s primary contact during construction of the Project.

Project – Shall mean the Work.

Project Manager – The City’s employee assigned to oversee the Project on a daily basis.

Proposed Change Order (PCO) – A document issued by the Contractor proposing a change to the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price Contract Time, or both. A PCO shall be used by the Contractor to respond to a Request for Proposal. A PCO is not effective to authorize the proposed change to the Work, to the Total Contract Price or to the Contract Time unless it is accepted in writing by the City.

Record Drawings – Drawings prepared by the Contractor that document changes to, additions to, or deductions from the Plans, and which represent the Work as constructed, including, but not limited to, existing utilities found during construction of the Work.

Reference to Codes – Unless otherwise noted, all references to statutes are to the laws of the State of California and/or of the United States as codified in the various specified codes.

Request for Information (RFI) – A document issued by the Contractor seeking clarification and/or additional information regarding an aspect of the Work. An RFI is not to be used to request materials/equipment substitutions or value engineering/cost reduction incentive proposals. The response to the RFI does not constitute authorization or direction to proceed 430

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with any changed or additional work. Changed or additional work must be separately authorized by the City.

Request for Proposal (RFP) – A document issued by the Owner’s Representative requesting pricing information and/or a proposed adjustment in Contract Time for a described scope of work. An RFP is not a Change Order, a CCD or a direction to proceed with the scope of work described in the RFP. The Contractor’s response to the RFP shall be in the form of a Proposed Change Order.

Schedule of Submittals – A schedule prepared and maintained by the Contractor of required submittals and the time requirements to support scheduled performance of related construction activities.

Schedule of Values – A statement furnished by the Contractor to the City reflecting the portions of the Total Contract Price allotted for the various parts of the Work for each work activity contained on the Contract Schedule. Unless otherwise indicated in the Specifications, the total of the Schedule of Values shall equal the full cost of the Work, including all labor, material, equipment, overhead, and profit. For lump sum contracts, the Schedule of Values is the basis for reviewing the Contractor's application for progress payments.

Special Provisions – The Special Provisions are specific clauses setting forth conditions or requirements particular to the Work.

Specifications – The directions, provisions, and requirements contained herein. When the term “Specifications" or "these Specifications" is used, it means the provisions as set forth herein, together with any amendments or revisions that may be set forth in the Special Provisions. The Specifications are comprised of “General Provisions”, Special Provisions”, “General Requirements” and “Technical Specifications”.

Standard Drawings – The City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, which are incorporated into the Standard Construction Specifications, and made a part of the Plans by reference to one or more specific Standard Drawings.

State – The State of California.

State Specifications – Unless otherwise stated in the Special Provisions, the version of the Standard Specifications of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.

State Plans – Unless otherwise stated in the Special Provisions, the version of the Standard Plans of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.

Subcontractor – A properly licensed party under contract to and responsible to the Contractor for performing a specified part of the Work; or a properly licensed party under contract and responsible to a Subcontractor of the Contractor.

Substantial Completion – The stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents 431

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so City can occupy or utilize the Work for its intended use, and only minor corrective Work remains to be performed, all required approvals, certificates of occupancy and other sign-off from any other public agencies with jurisdiction have been obtained, (provided such approvals are not delayed as a result of causes unrelated to Contractor’s or its Subcontractors', sub- subcontractors', or suppliers' performance or failure to perform the Work or to satisfy its obligations under the Contract Documents) and Contractor has cleaned up and removed all equipment, tools and other materials from the Work area. Contractor shall secure and deliver to City written warranties and guaranties from its Subcontractors, sub-subcontractors and suppliers bearing the date of Substantial Completion or some other date as may be agreed to by City and stating the period of warranty as required by the Contract Documents.

Supplemental Drawing – Supplemental Drawings define the Plans or Specifications in greater detail by providing additional information that may have not been specifically or clearly shown or called out on the Plans or in the Specifications.

Technical Specifications – The provisions of the Specifications that describe the technical aspects of the Work, including all technical references contained therein.

Total Bid Price – The aggregate sum of the Bid, including all additive items.

Total Contract Price – The total price for the Work as bid by the Contractor, including any additions or subtractions made via Change Orders.

Work – All obligations and/or actions which the Contractor is contractually required to fulfill and/or perform as specified, indicated, shown, contemplated, or implied in the Contract, including but not limited to (1) all alterations, amendments, or extensions made by Change Order or other written directives or directives of the City; (2) furnishing of all materials, supplies, equipment, tools, labor, transportation, supervision, and all incidentals necessary to perform all tasks required by the Contract; (3) all tasks, duties and obligations required by the Contract; and (4) closing documents for the Project such as complete Record Drawings and submission of all manuals.

Working Day – Any day except: (a) Saturdays, Sundays, and City Legal Holidays; (b) days on which the Contractor is specifically required by the Special Provisions or by law to suspend construction operations; or (c) days on which the Contractor is prevented from proceeding with the current controlling operation or operations of the Work for at least five (5) hours per day due to inclement weather, or conditions resulting immediately therefrom.

Working Drawing – Working Drawings detail a particular item of work and the manner in which it is to be accomplished or performed. Working Drawings are prepared by the Contractor as a submittal or a portion of a submittal and may be specifically requested by the City or required in the Contract or a Field Directive or other written directive.

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CHAPTER 2 - BID REQUIREMENTS AND CONDITIONS

TABLE OF CONTENTS

Section Page
2-1 BID FORM .................................................................................................................... 12 2-2 PREPARATION AND SUBMISSION OF BIDS ............................................................. 13 2-3 EXAMINATIONS OF PLANS, SPECIFICATIONS, AND SITE OF WORK ..................... 14 2-4 SUBSURFACE CONDITIONS ...................................................................................... 14 2-5 CONTRACTORS/SUBCONTRACTORS REQUIRED TO BE LICENSED ..................... 14 2-6 COMPETENCY OF BIDDERS ...................................................................................... 15 2-7 JOINT VENTURE BIDS ................................................................................................ 15 2-8 SUBCONTRACTORS ................................................................................................... 15 2-9 ADDENDA .................................................................................................................... 17 2-10 ASSIGNMENT OF ANTITRUST ACTIONS................................................................. 17 2-11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT OR SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ................ 17 2-12 BID GUARANTEE ...................................................................................................... 18 2-13 WITHDRAWAL OF BID .............................................................................................. 18 2-14 PUBLIC OPENING OF BIDS ...................................................................................... 19 2-15 REJECTION OF BIDS ................................................................................................ 19 2-16 DISQUALIFICATION OF BIDDERS. ........................................................................... 19 2-17 RELIEF OF BIDDERS ................................................................................................ 19 2-18 BID PROTESTS ......................................................................................................... 19

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CHAPTER 2 BID REQUIREMENTS AND CONDITIONS

2-1 BID FORM

The City will furnish to each prospective Bidder a Bid Form as part of the Contract Documents which, when properly completed and executed, must be submitted as the Bidder's Bid for the Work. All Bids must be submitted on the City-furnished Bid Form to be valid and accepted.

Bids that are not submitted on the City-furnished Bid Form will be rejected. The completed Bid Form shall be in English and legible, and shall be properly signed in longhand by the Bidder, if an individual, by a member of a partnership, by an officer of a corporation authorized to sign contracts on behalf of the corporation, or by an agent of the Bidder. If submitted by a corporation or limited liability company, the Bid shall show the name of the state under the laws of which the corporation or limited liability company is chartered or organized.

The Bid shall be made on the Bid Form in clearly legible figures as follows:

2-1.01 Unit Price Bid

Where the Bid for an item of Work is to be submitted on a unit price basis, the Bidder shall bid a unit price as total compensation for completion of one unit of the work described under that item. This price shall be multiplied by the Estimated Quantity included in the Bid Form to derive a total bid price for that item. The total amount bid for a unit price contract shall be entered on the space provided on the Bid Form as a grand total of all individual items. The Estimated Quantities included on the Bid Form are approximate and are only included in the Bid Form as a basis for comparison of Bids. The City does not, expressly or by implication, represent or agree that the actual amount of work will equal the approximate Estimated Quantities. Payment will be made for the actual quantity of Work performed in accordance with the Contract. The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the City. For compensation for alterations in quantities of work, including deviations greater than twenty-five percent (25%), see Section 9- 8.02, “Payment for Changes – Unit Prices”, of these Specifications.

2-1.02 Lump Sum Bid

Where the Bid for an item of Work is to be submitted on a "Lump Sum" or "Job" basis, a single lump-sum price shall be submitted in the appropriate place on the Bid Form. Items bid on a lump-sum basis shall result in a complete structure, operating plant, or system, in satisfactory working condition with respect to the functional purposes of the installation, as described in the Contract, and no extra compensation will be paid for anything omitted but fairly implied.

2-1.03 Allowances

Where specific allowance items have been entered on the bid form by the City, the total amount entered on the bid form shall be included in the Total Bid Price. However, the total amount to be paid for the Work included in the Allowance shall be the amount of the Allowance actually utilized in the course of completing the Work.

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2-2 PREPARATION AND SUBMISSION OF BIDS
The Project is a public works project within the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Each Bidder and listed Subcontractor is required to be registered pursuant to Labor Code section 1725.5 at the time of bidding. Failure of the Bidder to be registered at the time of bidding shall render the Bid non-responsive and ineligible for award.

An unregistered Subcontractor will not be permitted to work on the Project and Contractor may be required to substitute, at its cost and with no adjustment in the Total Contract Price, an unregistered Subcontractor with a registered Subcontractor.

By submission of a Bid, the Bidder acknowledges acceptance of the nature and location of the Work, the general and local conditions, conditions of the site, the character, quality and scope of work to be performed, the availability of labor, electric power, water, the kind of surface and subsurface materials on the site, the materials and equipment to be furnished, and all requirements of the Contract or other matters which may affect the Work or the cost. Any failure of a Bidder to become acquainted with all of the available information concerning conditions will not relieve the Bidder from the responsibility for estimating properly the difficulties or cost of the Work.

The Bidder declares by the submission of a Bid that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or a sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and 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; that the Bidder has not directly or indirectly sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or the Bid price of any other Bidder, or to fix any overhead, profit, or cost element of such Bid price or of that of any other Bidder, or to secure any advantage against the City, anyone interested in the Bid as principal, or those named within the Bid; that all statements contained in the Bid are true; that the Bidder has not directly or indirectly submitted a Bid price or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, to any other corporation, partnership, company, association, organization, bid depository, or to any member or agent therefore, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such a purpose.

Any person executing the above 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 has full power to execute the declaration on behalf of the Bidder.

Bid prices shall include everything necessary for the completion of the Work and fulfillment of the Contract, except as may be provided otherwise in the Contract Documents. Bid prices shall include all Federal, State, and local taxes, and all other fees and costs not expressly paid for by the City as stated in the Special Provisions.

The Bid shall be submitted in a sealed envelope as directed in the Notice to Contractors.

The Bidder shall plainly mark the exterior of the envelope in which the Bid is submitted to indicate that it contains a Bid for the project for which the Bid is submitted, and the date of the Bid opening therefore.

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Bids submitted in envelopes that are not properly marked will be rejected.

2-3 EXAMINATIONS OF PLANS, SPECIFICATIONS, AND SITE OF WORK

The Bidder shall examine carefully the site of the proposed Work and the Plans, Specifications and Contract Documents, and shall be satisfied as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered. The submission of a Bid shall be conclusive evidence that the Bidder is satisfied through the Bidder’s own investigation as to the conditions to be encountered; the character, quality, quantity and scope of work to be performed; and the materials and equipment to be furnished.

If material discrepancies or apparent material errors are found in the Plans and Specifications prior to the date of bid opening, an Addendum may be issued (see Section 2-9, “Addenda”, below). Otherwise, in figuring the Work, Bidders shall consider that any discrepancies or conflict between Plans and Specifications will be governed by Section 4-1, “Intent of Contract Documents”.

2-4 SUBSURFACE CONDITIONS

Where investigations of subsurface conditions have been made by the City with respect to subsurface conditions, utilities, foundation, or other structural designs, and that information is shown in the Plans, it represents only a statement by the City as to the character of materials which have actually been encountered by the City’s investigation. This information is only included for the convenience of Bidders.

Investigations of subsurface conditions are made for the purpose of design only. The City assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of the interpretation thereof. There is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unanticipated conditions may not occur. When a log of test borings is included in the Plans, it is expressly understood and agreed that said log of test borings does not constitute a part of the Contract. The log of test borings represents only an opinion of the City as to the character of the materials to be encountered, and is included in the Plans only for the convenience of the Bidders. Making information available to Bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Section, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered.

2-5 CONTRACTORS/SUBCONTRACTORS REQUIRED TO BE LICENSED AND

REGISTERED

The Bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code to do the type of work contemplated in the Project, and shall be skilled and regularly engaged in the general class or type of work called for under the Contract. The specific type of license required will be indicated in the “Notice to Contractors”. Unless specified otherwise in the Special Provisions, the Bidder shall indicate the license number and class in the space provided for that purpose on the bid form.

All Subcontractors engaged to perform portions of the Work shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code to do the type of 436

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work for which they are subcontracted, and shall be skilled and regularly engaged in the genera l class or type of work called for under their subcontracts. Additionally, Subcontractors listed in the Bid shall be licensed at the time the Bid is submitted to do the type of work for which they are subcontracted.

Attention is also directed to the provisions of Public Contract Code Section 20103.5, which addresses Contractor licensing requirements. The City may not award the Contract if it cannot be verified that the low Bidder is an appropriately licensed Contractor at the time of Contract award.

The Contractor, and all Subcontractors, shall be registered pursuant to Labor Code section 1725.5 prior to engaging in the performance of any public work contract that is subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code, and shall maintain current registration throughout the term of this Contract.

2-6 COMPETENCY OF BIDDERS

It is the intention of the City to award a Contract only to a Bidder who furnishes satisfactory evidence that the Bidder has the requisite experience and ability, and has sufficient capital, facilities, and plant to enable the Contractor to prosecute the Work successfully and promptly, and to complete the Work within the time stated in the Contract.

If required by the Bid Form, a statement of experience and business standing for the Bidder and any or all Subcontractors designated in the Bid shall be provided to the City at Bid time.

To determine the experience of a Bidder, the City may consider any relevant evidence that the Bidder, and/or its key personnel assigned to the Project for the duration of the Project, and/or the Subcontractor(s) has or has not satisfactorily performed on other contracts of similar nature, value, magnitude and/or difficulty.

2-7 JOINT VENTURE BIDS

If two or more prospective Bidders desire to bid jointly as a joint venture on a single project, the joint venture Bid must be accompanied by either a notarized copy of a valid license issued to the joint venture by the Contractor’s State License Board or the license number and class of a valid licensed issued by the Contractor’s State License Board to each member of the joint venture.

Attention is also directed to the provisions of Business and Professions Code Sections 7028.15 and 7029.1 and Public Contract Code Section 20103.5, which address Contractor licensing requirements for joint ventures. Unless it has done so with its Bid, the joint venture must provide to the City, prior to award of the Contract, a notarized copy of a valid license issued to the joint venture. The City may not award the Contract if it cannot be verified that the joint venture is appropriately licensed at the time of Contract award.

2-8 SUBCONTRACTORS

In accordance with the Subletting and Subcontracting Fair Practices Act, of the Public Contract Code, Section 4100 et seq., each Bidder shall list in the bid form:

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• The name, California contractor license number, and the location of the place of business of each Subcontractor whom the Bidder proposes to perform work or labor or render service to the prime Contractor in or about the construction of the Work, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, is proposed by the Bidder to specially fabricate and install a portion of the Work according to detailed drawings contained in the Contract, in an amount in excess of one-half of one percent (0.5%) of the Total Bid or, in the case of a Bid for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid or ten thousand dollars ($10,000), whichever is greater. In the case of a Bid including additive Alternates, the bid amount for determining whether a Subcontractor is required to be listed shall be the base bid amount, and the Bidder shall list all Subcontractors subject to this requirement even if the Subcontractor only meets the threshold amount based on work included in one or more Alternates.

• The portion of the Work [type of work] that will be done by each Subcontractor. The Bidder shall list only one Subcontractor for each portion as is defined by the Bidder in the Bid.

• DIR Registration number or other proof of registration.

If a Bidder fails to specify a Subcontractor for any portion of the Work to be performed under the Contract (or specifies more than one Subcontractor for the same work), the Bidder agrees that the Bidder is fully qualified and shall perform that portion of the Work.

Within 24 hours following the bid opening date and time, a Bidder may further define its description of the “portion” of work to be performed by a listed Subcontractor, including for example by specifying Bid Items to be performed by a listed Subcontractor, but the Bidder shall not vary the portion of work to be provided to the listed Subcontractor. Bidders who list a Subcontractor for less than all of a type of work as described in the Subcontractor listing in the Bid must provide an additional, unique description of the work to be performed by the listed Subcontractor within 24 hours following the Bid Opening date and time or the Subcontractor will be deemed to have been listed to perform all work falling within the description of work.

No Subcontractor listed in the Bid as furnishing and installing carpeting shall sublet any portion of the labor to be performed unless the Subcontractor specified its Subcontractor in its bid to the Bidder.

If after the award of the Contract, the Contractor subcontracts any portion of the Work, except as provided in Section 4107 or 4109 of the Act, the Contractor shall be subject to the penalties specified in Section 4111 of the Act.

Pursuant to Public Contract Code Section 6109, a Contractor may not perform work with a Subcontractor who is ineligible to perform work on public works projects pursuant to Labor Code Section 1777.1.

The Contractor shall include provisions in every subcontract and/or purchase order that the Contract between the Contractor and the City is part of the subcontract or purchase order, and that all terms and provisions of the Contract are incorporated in the subcontract or purchase 438

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order. Copies of all subcontracts and purchase orders shall be available to the City upon written request.

2-9 ADDENDA

The correction of any material discrepancies in, or material additions to/omissions from, the Plans, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an Addendum issued by the City. A copy of each Addendum issued by the City will be posted on the City’s website and notice will be provided to each plan holder listed on the City plan holder list and is a part of the Contract. Any interpretation or explanation not included in the addenda will not be considered binding.

2-10 ASSIGNMENT OF ANTITRUST ACTIONS

The Bidder is required to comply with Public Contract Code Section 7103.5(b), which addresses assignment of antitrust actions.

2-11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT OR SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

As stipulated in the Certification Regarding Debarment, Suspension, Proposed Debarment or Suspension to be submitted a Bid time, the Bidder certifies, to the best of its knowledge and belief, except as expressly disclosed the referenced Certificate, that:

1. The Bidder and/or any of its Principals:

a. Are not presently debarred, suspended, proposed for debarment or suspension, or declared ineligible for award of the contract by any Federal, State, or local agency.

b. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property.

c. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of the offenses enumerated in Item 1b. above.

d. The Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, State, or local agency.

2. "Principals,” for the purposes of this certification, means: officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; 439

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head of a subsidiary, division, or business segment, and similar positions).

3. The Bidder shall provide immediate written notice to the City if, at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. A certification that any of the items in Paragraph 2-11-1 of this provision exists will not necessarily result in withholding of an award. However, the certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the City may render the Bidder non- responsible or nonresponsive.

5. A Bidder must disclose those exceptions within the scope of the certification which are known to it, or which could be determined from a reasonable inquiry.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the required certification.

The knowledge and information of a Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

6. The above-described certification is a material representation of fact upon which reliance will be placed when making the award, if and when made. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.

If the Bidder has any exceptions to the certification set forth above, the exception and an explanation of the circumstances must be attached to the Bid.

2-12 BID GUARANTEE

The Bid shall be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidder’s bond issued in favor of the City and provided by a surety company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570. The Bid Guarantee shall be not less than ten percent (10%) of the Total Bid Price. No Bid will be considered unless accompanied by a Bid Guarantee. The City is authorized to forfeit such Bid Guarantee as necessary to reimburse for costs incurred for failure of the successful Bidder to enter into a contract. The amount of the Bid Guarantee shall not be deemed to constitute a penalty or liquidated damages. The City is not precluded by a Bid Guarantee from recovering from the defaulting Bidder damages in excess of the amount of said Bid Guarantee incurred as a result of the failure of the successful Bidder to enter into a contract with the City for the Work.

2-13 WITHDRAWAL OF BID

A Bid may be withdrawn at any time prior to the hour fixed in the Notice to Contractors for the submission of Bids by a written request of the Bidder filed with the City at the location where the Bid was submitted. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid within the time prescribed.
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2-14 PUBLIC OPENING OF BIDS

Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors or in a subsequent Addendum. Bidders or their authorized representatives and other interested parties are invited to be present.

2-15 REJECTION OF BIDS

The City reserves the right to reject any or all Bids. The City reserves the right to waive irregularities in a Bid and to make an award in the best interest of the City. Bids containing omissions, erasures, alterations, conditions, or additions not called for may be rejected.

2-16 DISQUALIFICATION OF BIDDERS.

More than one Bid from any individual, firm, partnership, corporation, limited liability company association, or joint venture under the same or different names, will not be considered.

Reasonable ground for believing that any Bidder is interested in more than one Bid for the Work will cause rejection of all Bids in which such Bidder is interested. This prohibition shall not prevent any proposed Subcontractor from being listed in more than one Bid. This prohibition shall not prevent Bids by Bidders with partial ownership in common unless the two Bidders have identified the same individual as their responsible managing employee, member, manager or officer. If there is reason to believe that collusion exists among Bidders, none of the participants of such collusion will be considered.

Any Bid in which the prices obviously are unbalanced may be rejected.

2-17 RELIEF OF BIDDERS

Attention is directed to Public Contract Code Sections 5100 through 5107, concerning relief of Bidders and in particular to the requirement therein that if the Bidder claims a material mistake was made in its Bid, the Bidder shall give the City written notice within five (5) days after the opening of the Bids (excluding Saturdays, Sundays, or Legal Holidays) of the alleged mistake, explaining in the notice in detail how the mistake occurred.

2-18 BID PROTESTS

If the Bidder believes that any provision in the solicitation for Bids is vague, ambiguous, conflicting or contrary to law, then the Bidder shall promptly bring its concern to the City by written notice specifying the provision(s) in question and the factual and legal bases for concern. Failure of the Bidder to raise any concern relating to a solicitation requirement within at least two (2) working days prior to the Bid due date will be deemed a waiver of the Bidder’s right to protest based on alleged vague, ambiguous, conflicting or unlawful requirements in the solicitation.

As set forth in the “Resolution of Disputes Regarding the Bidding Process,” any Bidder may file a protest against the award of the Contract to any other Bidder. In submitting a bid to the City, the Bidder agrees to comply with and to be bound by that procedure, as summarized below.

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No later than five (5) calendar days after Bids are opened, the Bidder must submit in writing to the City an explanation of all legal and factual grounds for any protest. These requirements are to be strictly construed. Untimely protests and/or grounds not set forth in the protest will not be considered. Failure to timely protest or otherwise comply with the protest requirements will constitute a waiver of the right to challenge and forever bar the Bidder from challenging, whether before the City or any administrative or judicial tribunal, any particular Bid(s), the bidding process, or the Contract award on any ground not set forth in the protest. Upon receipt of a protest, the City will provide a copy to any Bidder whose Bid is challenged in the protest.

If a timely written protest is provided to the City at least two (2) business days before any City Council meeting at which the award of the Contract will be considered, then the City shall make reasonable efforts to provide the protesting Bidder with a written response to the protest prior to the City Council meeting. A copy of any City response will be provided to any other Bidder responding to the protest.

Notice of the date and time of the City Council meeting at which the award of the Contract for the Project shall be considered will be posted on the City’s website.

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CHAPTER 3 - AWARD AND EXECUTION OF CONTRACT

TABLE OF CONTENTS

Section Page
3-1 AWARD OF CONTRACT.............................................................................................. 22 3-2 TIME OF AWARD ......................................................................................................... 22 3-3 CONSIDERATION OF BIDS ......................................................................................... 22 3-4 PERFORMANCE AND PAYMENT BONDS .................................................................. 23 3-4.01 Performance Bond ....................................................................................... 23 3-4.02 Payment Bond ............................................................................................. 23 3-5 NOTIFICATION OF SURETY COMPANIES ................................................................. 23 3-6 RETURN OF BID GUARANTEES ................................................................................ 24 3-7 EXECUTION OF CONTRACT ...................................................................................... 24 3-8 FAILURE TO EXECUTE CONTRACT .......................................................................... 24 3-9 INSURANCE ................................................................................................................ 25 3-9.01 General Liability ........................................................................................... 25 3-9.02 Automobile Liability ...................................................................................... 26 3-9.03 Workers' Compensation ............................................................................... 26 3-9.04 Excess or Umbrella Liability .......................................................................... 26 3-9.04.A Contractor’s Equipment ............................................................................. 26 3-9.04.B Railroad Protective Liability ........................................................................ 26 3-9.04.C Builder’s Risk Insurance ............................................................................ 27 3-9.04.D Environmental Liability Insurance ............................................................... 28 3-9.04.E Other Provisions ....................................................................................... 28 3-9.05 Notification of Accident or Occurrence ........................................................... 30 3-9.05 Notification of Claim ................................................................................................. 31

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CHAPTER 3 AWARD AND EXECUTION OF CONTRACT

3-1 AWARD OF CONTRACT

The award of the Contract, if the Contract is to be awarded, will be to the lowest responsive, responsible Bidder. In addition to price in determining the lowest responsive, responsible Bidder, consideration will be given to:

• The ability, capacity and skill of the Bidder to perform the Work; • The ability of the Bidder to perform the Work within the time specified, without delay; • The ability of the Bidder to perform the Work in a safe manner; • The character, integrity, reputation, judgment, experience and efficiency of the Bidder; and, • The quality of the Bidder's performance on previous work with the City.

Unless otherwise specified in the Special Provisions, if an alternate or alternates are identified by the City to the bidders, award will be based on any combination of Base Bid and Alternates as determined by the City. This process is conducted by the City in a “blind selection” format, i.e., without knowledge of the identity of any of the Bidders before ranking of all Bidders from lowest to highest has been determined. Bidders are to submit their Bid in two sealed envelopes, both containing all identifying information for the Project, and both of which are then to be included in a third sealed envelope containing all identifying information for the Project, but without any identifying information regarding the Bidder. The first envelope shall be marked “Envelope 1” and shall contain only an unsigned copy of the bidder’s bid form, without any identifying information for the bidder and without any other required bid submissions. The second envelope shall be marked “Envelope 2” and shall contain a complete copy of all required bid documents, including a signed copy of the bid form. Any discrepancies in the pricing information in the two sealed envelopes may render the bid nonresponsive. Alternates may be selected for award by the Council at its discretion. All awards will be made in the City’s best interest.

3-2 TIME OF AWARD

The award, if made, will be made within sixty (60) days after the Bid Opening, unless otherwise specified. The period for contract award shall be tolled while any protest of an intended award is pending. The specified period of time within which the award of the Contract may be made may be extended as agreed upon in writing by the City and the Bidder before the last day specified in the solicitation for award.

If the lowest responsive, responsible Bidder refuses or fails to execute the Contract, or to provide required bonds and/or insurance certificates, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Contract or to provide required bonds and/or insurance, the City may award the Contract to the third lowest responsive, responsible Bidder.

3-3 CONSIDERATION OF BIDS

After the Bids have been opened and read, they will be checked for accuracy and compliance with the Specifications. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and 444

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the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule or the sum of two or more bidding schedules does not equal the total amounts quoted, the individual item or schedule amounts shall govern and the correct total shall be deemed to be the amount bid. If the Bid is missing the unit price, then it may be deemed incomplete and the Bid may be rejected.

After the City has made any necessary corrections in mathematical errors appearing on the face of the Bid, all Bids will be compared based on the bid form.

3-4 PERFORMANCE AND PAYMENT BONDS

As part of the execution of the Contract, the successful Bidder shall furnish the following corporate surety bonds to the benefit of the City. The format of the Performance Bond and Payment Bond forms shall be those contained in the Invitation for Bids. Bonds shall be executed by a surety company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570. The successful Bidder must submit with the bonds the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

When the amount to be paid to the Contractor is based upon units of work to be performed or items to be provided, the term “Total Contract Price” as used below for the purpose of posting Performance and Payment Bonds shall be computed on the basis of the unit price bid multiplied by the Estimated Quantities of work to be performed.

3-4.01 Performance Bond

The Performance Bond, to guarantee the performance of all covenants and stipulations of the Contract, shall be on the form provided by the City and shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price as set forth in the Contract.

3-4.02 Payment Bond

The Payment Bond, to guarantee the payment of wages and of bills contracted for materials, supplies, or equipment used in the performance of the Contract, shall be on the form provided by the City and shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price as set forth in the Contract.

3-5 NOTIFICATION OF SURETY COMPANIES

The surety company shall be familiar with all the provisions and conditions of the Contract. It is understood and agreed that the surety company waives notice of change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same, or any other act or acts by the City or the City’s authorized agents under the terms of the Contract; and failure to so notify the surety company of changes shall in no way relieve the surety company of its obligations under the Contract.

Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
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3-6 RETURN OF BID GUARANTEES

After Bids have been received and reviewed by the City, Bid Guarantees will be returned to the respective Bidders except those submitted by the three lowest responsive, responsible Bidders.

Bid Guarantees for Bids not to be further considered in executing the Contract will be returned within ten (10) days after the award of the Contract. The Bid Guarantees of the three lowest responsive, responsible Bidders will be returned within ten (10) days after the successful Bidder has filed satisfactory bonds and proof of insurance as specified and the Bidder and the City have executed the Contract.

If all Bids are rejected and no award is made, all Bid Guarantees will be returned within ten (10) days of the decision of the Council to not award the Contract.

3-7 EXECUTION OF CONTRACT

The Contract shall be executed by the successful Bidder and returned to the City, together with the Performance Bond, Payment Bond, certificates of insurance and insurance
endorsements, and any other documents required at the time of Contract execution by the Special Provisions within ten (10) days of the Bidder’s receipt of the documents. Insurance certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and shall be accompanied by copies of all endorsements required by Section 3-9 below.

When requested by the City, the successful bidder shall furnish complete, certified copies of all required insurance policies, including endorsements specifically required by Section 3-9. After execution by the City, one copy of the Contract, bonds, and certificates of insurance will be returned to the Contractor.

3-8 FAILURE TO EXECUTE CONTRACT

If the Bidder to whom the Contract is awarded fails to execute the Contract and file acceptable bonds and insurance certificates as provided herein within ten (10) days from the time the Contract forms are received by the Bidder, the award may be annulled and the Bidder’s Bid Guarantee forfeited to the City. At the City’s discretion, the Contract may then be awarded to the next lowest responsive, responsible Bidder.

If the City awards the Contract to the second lowest responsive, responsible Bidder, the amount of the lowest responsive, responsible Bidder's Bid Guarantee shall be applied by the City to the difference between the lowest Bid and the Bid of the second lowest responsive, responsible Bidder, and the surplus, if any, will be returned to the lowest responsive, responsible Bidder if a check or cash is used, or credited to the surety on the Bidder's Bond if a bond is used.

On refusal or failure of the second lowest responsive, responsible Bidder to execute the Contract, the City may award it to the third lowest responsive, responsible Bidder. If the City awards the Contract to the third lowest responsive, responsible Bidder, in addition to application of the lowest Bidder’s Bid Guarantee as aforesaid, the amount of the second lowest responsive, responsible Bidder’s Bid Guarantee shall be applied by the City to the difference between the Bid of the second lowest responsive, responsible Bidder and the Bid of 446

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the third lowest responsive, responsible Bidder, and the surplus, if any, shall be returned to the second lowest responsive, responsible Bidder if a check or cash is used, or credited to the surety on the second lowest Bidder’s Bid Bond if a bond is used.

Additionally, any forfeited Bid Guarantee shall be applied as necessary to reimburse for the costs incurred for failure of the successful Bidder(s) to enter into a contract. The surplus, if any, will be returned to the defaulting Bidder(s), if a check or cash is used, or credited to the surety on the Bidder’s Bond, if a bond is used.

The amount of the Bid Guarantee shall not be deemed to constitute a penalty or liquidated damages. The liability of the Surety shall not exceed the limits of the bid bond amount.

3-9 INSURANCE

The Contractor shall procure, maintain, and keep in force at all times during the term of the Contract in insurance companies acceptable to the City, at the Contractor’s sole expense, the following insurance:

3-9.01 General Liability

General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability, contractual liability applicable to the Contractor’s assumed liability under the Contract, and products and completed operations liability. Coverage shall be at least as broad as “Insurance Services Office Commercial General Liability Coverage Form CG 0001” (occurrence). The limits of liability shall be not less than:

Each Occurrence Two Million Dollars ($2,000,000) combined single limits for Bodily Injury and Property Damage

Personal and Advertising Injury One Million Dollars ($1,000,000)

Products and Completed
Operations Aggregate One Million Dollars ($1,000,000) combined single Limits for Bodily Injury and Property Damage

General Aggregate Four Million Dollars ($4,000,000) combined single limits for Bodily Injury and Property Damage

Fire Damage One Hundred Thousand Dollars ($100,000)

The policy shall provide coverage for claims arising out of subsidence.

The Contractor shall procure and maintain Products and Completed Operations Coverage with a carrier acceptable to the City through the expiration of the patent deficiency in the statute of repose set forth in the Code of Civil Procedure section 337.1.

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3-9.02 Automobile Liability

Automobile Liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. Coverage shall be at least as broad as “Insurance Services Office Business Auto Coverage Form CA 0001,” symbol 1 (any auto). The limits of liability shall not be less than:

Bodily Injury and Property Damage
Combined Single Limit One Million Dollars ($1,000,000)

3-9.03 Workers' Compensation

Workers' Compensation insurance, with coverage as required by the State of California (unless the Contractor is a qualified self-insurer with the State of California), and Employers’ Liability coverage. The limits of Employers’ Liability shall not be less than:

Each Accident One Million Dollars ($1,000,000)
Disease Each Employee One Million Dollars ($1,000,000) Disease Policy Limit One Million Dollars ($1,000,000)

The Workers’ Compensation policy required hereunder shall be endorsed to state that the Workers’ Compensation carrier waives its right of subrogation against the City, its officers, officials, employees, agents or volunteers.

In the event the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure by the Department of Industrial Relations Administration of Self- Insurance, Sacramento. Contractor shall provide evidence of waiver of its right of subrogation against the City, its offices, officials, employees, agents or volunteers as a self-insurer.

3-9.04 Excess or Umbrella Liability

If the Special Provisions require limits of insurance greater than those specified in the General Provisions, the Contractor shall maintain excess or umbrella liability insurance providing excess coverage at least as broad as the underlying coverage for General Liability, Automobile and Employer’s Liability with a limit equal to the amount stated in the Special Provisions per occurrence and aggregate.

3-9.04.A Contractor’s Equipment

The Contractor, and each of its Subcontractors, shall separately insure its own equipment for loss and damage. The Contractor’s Property and Inland Marine policies shall include, or be endorsed to include, a waiver of subrogation against the City, its officers, officials, employees, agents, and volunteers which might arise by reason of damage to the Contractor’s property or equipment (owned, leased or borrowed) in connection with work performed under this Contract by the Contractor.

3-9.04.B Railroad Protective Liability

When stated as a requirement in the Special Provisions, the Contractor shall procure, 448

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maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, Railroad Protective Liability insurance with limits of liability as set forth in the Special Provisions.

3-9.04.C Builder’s Risk Insurance

When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract and until the date of transfer of the insurable interest to and acceptance by the City, at the Contractor’s sole expense, Builder's Risk insurance with limits of liability equal to one hundred percent (100%) of the full replacement cost of the Work.

1. Coverage shall be written on a Replacement Cost basis without application of coinsurance and shall cover the Project sites against losses included in perils usually included in a “Special Form” policy format in addition the policy shall include:

a. Earthquake and Land Movement and Flood.

b. Loss that ensues from design error, defective materials, or faulty workmanship.

c. Mechanical breakdown or electrical damage, including testing, magnetic disturbance and changes in temperature or humidity disturbance, and changes in temperature or humidity.

The property covered shall include the Work, including any materials, equipment, or other items to be incorporated therein while the same are located at the construction site, stored off site, while in transit or at the place of manufacture. In addition, the policy shall cover collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architects, engineers and other design professionals required as a result of such insured loss. The policy shall contain a provision that the interests of the City and the Contractor, Subcontractors and material suppliers are insureds under the policy and that any loss shall be payable to the insureds as their interests may appear.

When stated as a requirement in the Special Provisions, Builder’s Risk Insurance shall include Delay in Opening coverage with limits of liability, and for the period of time, as set forth in the Special Provisions. Coverage shall include debt service, expense, loss of earnings or rental income or other loss incurred by the City, without deduction, due to the failure of the Project being completed on schedule.

2. The maximum deductible for earthquake, land movement and flood allowable under this policy shall be five percent (5%) of replacement value at risk at the time loss. A one hundred thousand dollars ($100,000) minimum is acceptable.

The maximum deductible for all other perils allowable under this policy shall be ten thousand dollars ($10,000). All deductibles shall be borne solely by the 449

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Contractor, Subcontractors, or material suppliers, and the City shall not be responsible to pay any deductible, in whole or in part.

3. The City and the Contractor waive all rights against each other and against all other contractors for loss or damage to the extent reimbursed by Builder’s Risk insurance or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed to obtain such consent.

4. If not covered by Builder’s Risk insurance or any other property or equipment insurance required by this Contract, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, property insurance for portions of the Contractor's work and/or equipment to be incorporated therein stored offsite or in transit.

3-9.04.D Environmental Liability Insurance

When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, Environmental Liability insurance, using an occurrence form (Claims Made forms at not acceptable unless expressly allowed by the City), which includes coverage for sudden and accidental pollution arising out of the handling of hazardous materials or hazardous wastes; non-hazardous materials or non-hazardous wastes that, when released into the environment, violate regulatory standards of the Federal, State or Local Government; and coverage for liability arising out of the handling of asbestos.

If coverage for Environmental Liability insurance is allowed by the City to be written on a claims-made form, the following provisions apply:

Limit of coverage shall be not less than ten million dollars combined single limits for Bodily Injury and Property Damage ($10,000,000).

Insurance must be maintained and evidence of insurance must be provided for at least four (4) years after completion of the Work. Additional provisions, including Project specific coverage may be required at the sole discretion of the City.

3-9.04.E Other Provisions

1. The Contractor's General Liability, Automobile Liability, and any Excess or Umbrella Liability or other insurances required in the Special Provisions, shall contain the following provisions:

a. The City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor, or automobiles owned, leased, hired, or 450

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borrowed by the Contractor. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officers, officials, employees, agents, or volunteers.

b. For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, or volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

c. Any failure to comply with reporting or other provisions of the policies on the part of the Contractor, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

2. The Contractor's General Liability and any Excess or Umbrella Liability insurance policies shall contain an endorsement stating that any aggregate limits shall apply separately to the Work.

3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Each insurance policy by endorsement or provision shall state that coverage shall not be suspended, voided, cancelled, reduced in scope of coverage or in limits, non-renewed, or materially changed unless the insurer(s) provide thirty (30) Calendar Days written notice by certified mail to the City prior to such change. Ten (10) Calendar Days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

5. All of the Contractor's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best rating of at least A-IX.

Exception: Workers' Compensation which is provided through a State Compensation Insurance Fund or a qualified self-insurer for Workers' Compensation under California law.

6. The Contractor shall sign and file with the City the following certification prior to commencing performance of the work of the Contract:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

Said certification is included in the Contract, and signature and return of the Contract shall constitute signing and filing of the said certification. 451

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7. The City, at its discretion, may require new types of insurance coverage or increase the limits of insurance coverage required hereunder at any time during the term of the Contract by giving thirty (30) Calendar Days written notice to the Contractor. Contractor shall immediately procure such insurance or increase the limits of coverage and provide certificates of insurance, including copies of all required endorsements, to the City within thirty (30) Calendar Days of receipt of the City’s request.

8. The required insurance coverage shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve the Contractor of its duties and responsibilities in this Contract.

9. If the Contractor fails to procure or maintain insurance as required by this Section 3-9 and each of its subsections and any Special Provisions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Contractor under the Contract. Failure of the City to obtain such insurance shall in no way relieve the Contractor from any of the Contractor’s responsibilities under the Contract. Any failure of the Contractor to maintain any item of the required insurance is sufficient cause for termination of the Contract as a material breach.

10. The making of progress payments to the Contractor shall not be construed as relieving the Contractor of responsibility for loss or damage, or destruction occurring prior to final acceptance by the City. Partial payment does not constitute partial acceptance.

11. The City is authorized to execute amendments and waivers, with or without conditions, to the insurance requirements of the Contract. The City will provide such amendments or waivers in writing to the Contractor.

12. The Contractor is responsible for the acts and omission of all of its Subcontractors and shall require all of its Subcontractors to maintain adequate insurance.

The failure of the City to enforce in a timely manner any of the provisions of this Section 3-9 and/or any of its subsections shall not act as a waiver to enforcement of any of these provisions at any time during the term of the Contract.

3-9.04.F Deductibles and Self-Insurance Retention

Any deductible or self-insured retention over $10,000 that applies to General Liability or Automobile Liability must be declared to and approved by the City.

3-9.05 Notification of Accident or Occurrence

The Contractor shall report by telephone to the City within twenty-four (24) hours and also report in writing to the City within fifteen (15) Calendar Days after the Contractor or any 452

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Subcontractors or agents have knowledge of any accident or occurrence involving death of or injury to any person or persons, or damage in excess of ten thousand dollars ($10,000) to the Work, property of the City or others, arising out of any work done by or on behalf of the Contractor as part of the Contract. Such report shall contain:

1. The date and time of the occurrence,

2. The names and addresses of all persons involved, and

3. A description of the accident or occurrence and the nature and extent of injury or damage.

3-9.05 Notification of Claim

If any claim for damages is filed with the Contractor or if any lawsuit is instituted against the Contractor, that arises out of or is in any way connected with the Contractor’s performance under this Contract and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect the City, Contractor shall give prompt and timely notice thereof to the City. Notice shall be prompt and timely if given within thirty (30) Calendar Days following the date of receipt of a claim or ten (10) Calendar Days following the date of service of process of a lawsuit.

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CHAPTER 4 - SCOPE OF WORK

TABLE OF CONTENTS

Section Page
4-1 INTENT OF CONTRACT DOCUMENTS ................................................................. 33 4-2 PLANS AND SPECIFICATIONS FURNISHED ............................................................. 34 4-3 CONFORMANCE WITH CODES AND STANDARDS .................................................. 34 4-4 SUPPLEMENTAL DRAWINGS .................................................................................... 34 4-5 FIELD DIRECTIVES OR OTHER WRITTEN DIRECTIVES .......................................... 35 4-6 DOCUMENT PRECEDENCE ....................................................................................... 35 4-7 REQUESTS FOR INFORMATION ................................................................................ 37 4-7.01 General ....................................................................................................... 37 4-7.02 Procedure ................................................................................................... 37 4-7.03 Response ................................................................................................... 37 4-8 DELETED ITEMS ......................................................................................................... 38 4-9 EXTRA WORK ............................................................................................................. 38 4-10 USE OF COMPLETED PORTIONS ............................................................................ 38 4-11 LANDS AND RIGHTS-OF-WAY ................................................................................. 38 4-12 WARRANTY ............................................................................................................... 39

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CHAPTER 4 SCOPE OF WORK

4-1 INTENT OF CONTRACT DOCUMENTS

The Work shall be performed and completed according to the Contract Documents. The Contract Documents provide the details for completing the Work in accordance with the terms of the Contract. Each Contract Document is an integral part of the Contract, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents shall be interpreted as being explanatory and complementary in requiring complete Work ready for use and occupancy or operation in satisfactory working condition with respect to the functional purposes of the installation.

The Contractor shall do all of the work and furnish all materials, supplies, equipment, tools, labor, transportation, supervision, resources, and everything else necessary or proper, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any Change Order work or disputed work directed by the City in conformity with the true meaning and intent of the Plans, Specifications, and all provisions of the Contract, within the time specified.

All work shown on the Plans, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made; however, figured dimensions shall in all cases be followed, even if they differ from scaled measurements. Full-size drawings shall be followed in the execution of the Work.

If the Contract does not specifically allow the Contractor a choice of quality or cost of items to be furnished, but could be interpreted to permit such a choice, the Contractor shall furnish the highest quality under current industry standards, regardless of the cost of the item.

Unless otherwise specified, the Contractor agrees to furnish all materials, supplies, equipment, tools, labor, transportation, supervision, resources, and everything else necessary to perform and complete the Work in a good and workmanlike manner to the satisfaction of the City, in the manner designated, and in strict conformity to the Contract. When portions of the Work are described in general terms, but not in complete detail, it is understood that the Contractor will employ only the best general practice and incorporate only the best quality materials and workmanship in the Work.

No extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items will include full compensation for furnishing all materials, supplies, equipment, tools, labor, transportation, supervision, resources, incidentals and everything else necessary to complete the Work as provided in the Contract. The prices paid include all overhead, markups and profit.

If the Contractor discovers any discrepancies during the course of the Work between the Plans and conditions in the field, or any errors or omissions in the Plans and conditions in the field, or any errors or omissions in the Plans, the Specifications, or in the layout given by stakes, points, or instructions, it shall be the Contractor's duty to inform the City immediately, and the City shall promptly verify the same. Any work done after such discovery, until authorized by the City, will be done at the Contractor's risk.

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4-2 PLANS AND SPECIFICATIONS FURNISHED

The City will provide, at no cost to the Contractor, copies of Project Plans (except Standard Drawings or State Plans), Project Specifications (the State Specifications), and Special Provisions, and the fully executed Contract for the Contractor’s use in prosecuting the Work. The total number of copies of the Plans, Specifications, and Special Provisions provided shall equal the total of the prime Contractor plus the number of Subcontractors listed in the Bid. The Contractor may purchase additional copies of Plans, Specifications, and Special Provisions.

The Contractor shall retain an approved set of Contract documents on the job during the progress of the Work. This set shall be used by the Contractor as the Record Drawings as described in Section 11-3, “Record Drawings” of these General Provisions.

4-3 CONFORMANCE WITH CODES AND STANDARDS

The Work shall be in full compliance with the latest adopted edition of the following applicable standards and regulations:

• The State Fire Marshal

• The UBC

• Title 8

• Title 22

• Title 24

• The NEC

• The UPC

• Storm Water Pollution Plans and Standards

• Other codes, laws or regulations applicable to the Work or the Contract.

Nothing in the Contract is to be construed to permit work not conforming to these requirements. When the Work detailed in the Plans and Specifications differs from governing codes, the Contractor shall complete the Work in accordance with the higher standard. If the higher standard is more expensive than the Work detailed in the Plans and Specifications, the Contractor will be compensated for the Contractor’s additional costs by Contract Change Order as provided in Chapter 9, “Changes and Claims”, of these General Provisions.

4-4 SUPPLEMENTAL DRAWINGS

In addition to the Plans incorporated in the Contract at the time of signing, the City may furnish Supplemental Drawings as necessary to clarify or define in greater detail the intent of the 456

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Contract. In furnishing such Supplemental Drawings, the City may make minor changes in the Work, not involving extra cost and not inconsistent with the nature of the Work. The Supplemental Drawings shall become a part of the Contract.

4-5 FIELD DIRECTIVES OR OTHER WRITTEN DIRECTIVES

The City may issue Field Directives or other written directives from the office or field during the course of the Work, and the Contractor shall immediately comply with the Field Directive or other written directive. Contractor must perform all work directed by a field directive, whether or not Contractor believes the work is included in the Contract and regardless of any disputes regarding money, time and/or other issues. Contractor acknowledges that continued progress of the Work is of high importance and that such disputes can be resolved as the Work progresses.

A Field Directive or other written directive may be used to add, delete, modify, or reject work, to note deficiencies in work, to clarify the Contract or to order work to be performed. Work required by a Field Directive or other written directive shall be in accordance with the Contract and any previously executed Change Orders, except as delineated otherwise in the directive.

Drawings included with Field Directives or other written directives are part of the Contract and shall be incorporated into the Record Drawings.

If the Contractor refuses or neglects to comply with or make progress in the execution of any Field Directive or other written directive, the City, in addition to all other rights under the Contract and/or applicable law, may employ any person or persons to perform such work at Contractor’s cost, and the Contractor shall not interfere with the person or persons so employed.

At appropriate intervals, Field Directives and/or other written directives that alter the Contract may be grouped to form a Change Order as described in Chapter 9, “Changes and Claims” of these General Provisions.

4-6 DOCUMENT PRECEDENCE

The component Contract Documents are intended to provide explanation for each other.

Any work shown on the Plans and not in the Specifications, or vice versa, is to be executed as if indicated in both. In case of conflict in the Contract, the following order of precedence will govern interpretation of the Contract:

1. Permits from other agencies as may be required by law;

2. The Agreement, as amended by Change Orders and any other Contract amendments;

3. Special Provisions;

4. Technical Specifications;

5. Plans and Drawings;

6. General Provisions and General Requirements;
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7. Invitation for Bids [Notice to Contractors], including attachments and addenda;

8. City of Rocklin Construction Standard Specifications;

9. City of Rocklin Improvement Standards;

10. State of California Department of Transportation Standard Plans and Specifications.

In addition, the following shall also apply:

1. Written numbers and notes on a drawing shall govern over graphics.

2. A detail drawing governs over a general drawing.

3. A detail specification governs over a general specification.

4. A specification in a section governs over a specification referenced by that section.

5. Changes last in time govern prior requirements.

In case of conflict between the Project Plans and Technical Specifications, the Plans shall govern in matters of quantity and size, the Technical Specifications in matters of quality. In case of conflict within the Plans involving quantities or within the Technical Specifications involving quality, the greater quantity and the higher quality shall be provided.

Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply to all other like portions of the Work. Where ornament or other detail is indicated as starting, such detail shall be continued throughout the courses or parts in which it occurs and shall also apply to other similar parts in the Work, unless otherwise indicated.

Any material specified by reference to the number, symbol, or title of a specified standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standards, shall comply with the requirements in the latest approved revision thereof and any amendments or supplements thereto in effect on the date of Notice to Contractors, except as limited to type, class, or grade, or modified in such reference. The standards referred to, except as modified in the Contract Documents, shall have full force and effect as though printed in the Contract Documents.

Any work for which there are no technical specifications in the project Plans and Specifications, shall be performed in accordance with documents 8, 9 and 10 listed above in this Section 4-6, with the highest order of precedence. Documents 9 and 10 are only incorporated into the Contract for this limited purpose, and no portions of these documents are 458

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incorporated for any other purpose except as expressly indicated elsewhere in the Contract Documents.

4-7 REQUESTS FOR INFORMATION

4-7.01 General

Contractor shall prepare a Request for Information (RFI) when additional information, clarification, or interpretation of the Contract is required. RFI’s may also be used for apparent conflicts, inconsistencies, ambiguities, or omissions.

RFI’s shall be submitted to the City sufficiently in advance of the work to permit time for investigation and preparation of a response. Any work undertaken prior to receipt of a response to an RFI will be at the Contractor’s risk.

RFI’s shall not be used for submittals or for substitution of material or equipment, or for waiving of requirements.

4-7.02 Procedure

An RFI shall be submitted on an approved form as defined at the preconstruction meeting, and shall be numbered consecutively. A status log shall be prepared and updated by the Contractor and reviewed with the City at each progress meeting. Each RFI shall deal with only one topic, item, issue, or system. The RFI shall clearly describe and specifically state what is being requested. Relevant portions of the Contract shall be cited, marked-up, and attached.

The Contractor shall review each RFI before submittal and compare it with the Contract to verify that a response is required. RFI’s will only be accepted from the Contractor and not from Subcontractors or suppliers. A recommendation or proposed solution may be included when appropriate or expedient. RFI’s that are not clear or RFI’s for which a response is clearly identified in the Contract will not be accepted.

4-7.03 Response

The City will normally respond within fifteen (15) Working Days. The City will provide a written response, and that response shall control. The Contractor shall indicate a priority for responses to RFI’s if more than five (5) RFI’s are pending at the same time. In case of a dispute between the Contractor and the City, protest may be made as provided in Section 9- 16, “Dispute Regarding Contract Requirements”, of these General Provisions.

Subsequent resubmittals of an RFI shall be identified with the same RFI number and a letter designation. Resubmittals shall clearly state the reason for the resubmittal.

Responses to RFI's indicating a change to drawings shall be recorded by the Contractor on the Record Documents in accordance with Section 11-3, “Record Drawings” of these General Provisions.

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4-8 DELETED ITEMS

The City may delete from the Work any item of work. The Contractor will be paid for all work done toward the completion of the item prior to such deletion, as provided in Chapter 9, “Changes and Claims”, of these General Provisions but in no event will the amount paid exceed the Bid or Schedule of Values amount less the value of the deleted work. The Contractor shall make no claim, nor receive any compensation for profits, for loss of profit, for damages, or for any extra payment whatever because of any deleted items of work.

4-9 EXTRA WORK

Work not covered by the Contract but necessary for the proper completion of the Project will be classed as extra work and shall be performed by the Contractor when directed in writing by the City. Extra work shall be performed in accordance with the Contract and as directed by the City.

Extra work must be authorized in writing by the City before the work is started. Payment for extra work will not be made unless such prior written authorization is obtained.

In the event of an emergency or other situation that endangers the Work or endangers public safety, the City will direct the Contractor to perform such extra work necessary to protect the Work or the public.

4-10 USE OF COMPLETED PORTIONS

The City has the right during the progress of the Work to occupy and/or use any completed or partially completed portion of the Work. Such use shall not be deemed acceptance of that portion, nor of any other portions of the Work, nor of work not completed in accordance with the Contract.

Under unusual circumstances on an exception basis, and only by written approval of the City, the City may provide a field acceptance of a completed portion of the Work under Section 7-21 “Final Inspection and Field Acceptance”, of these General Provisions, such that the warranty period for that portion will be considered to commence and the Contractor will be relieved of any further maintenance and protection of that portion. No final payment shall occur for a limited portion of the work. The Contractor will not be relieved of the Contract requirements for repairing or replacing defective work and materials in accordance with Sections 7-21 and 7-23, “Warranty Work”, of these General Provisions.

4-11 LANDS AND RIGHTS-OF-WAY

The City shall provide the lands, rights-of-way, and easements upon which the Work is to be done, and such other lands as may be designated on the Plans for the use of the Contractor. The Contractor shall confine its operations to within these limits. The Contractor shall comply with the terms and conditions of right of entry, right of way and easement documents. The City shall provide photocopies of these documents to the Contractor prior to the Contractor’s use of, or commencement of Work, in the lands in question.

The Contractor shall provide at the Contractor's own expense any additional land and access that is required for temporary construction facilities or storage of materials. The 460

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Contractor shall obtain all required permissions for use of private property prior to taking possession or use. The permission shall be obtained in writing and a copy forwarded to the City prior to the Contractor taking possession of said property.

4-12 WARRANTY

Unless otherwise specified in the Special Provisions, the warranty time period will be one year after City acceptance of Work (see Section 7-22, “Final Acceptance and Notice of Completion”, of these General Provisions) and subject to the terms of the Contractor Guarantee Form. The Performance Bond furnished by the Contractor as part of the execution of the Contract shall include the terms and time period of the Warranty of the Contractor’s work In lieu of continuing the original performance bond through the warranty period, the Contractor may submit a warranty bond, on a form substantially the same as the Performance Bond, for a minimum of ten percent (10%) of the total project value to be valid for one year from the date of acceptance by the Council, subject to extension in accordance with the Contractor Guarantee Form for corrected defective work .

If required by the Special Provisions, the Contractor shall enter into and sign Warranty statements in the form provided to warranty various segments of the Work for the time specified.

If failure of any portion of the Work can be attributed to faulty materials, poor workmanship, defective equipment, or any other reason that can be attributed to Contractor’s performance, and this failure occurs prior to the end of the specified warranty period, the Contractor shall promptly make the needed repairs at the Contractor's expense in accordance with Section 7-23, “Warranty Work”, of these General Provisions.

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CHAPTER 5 -- CONTROL OF WORK AND MATERIALS

TABLE OF CONTENTS

Section Page
5-1 AUTHORITY OF CITY .................................................................................................. 41 5-2 ATTENTION AND COOPERATION OF CONTRACTOR .............................................. 41 5-3 SUGGESTIONS TO CONTRACTOR ........................................................................... 41 5-4 SEPARATE CONTRACTS ........................................................................................... 41 5-5 COOPERATION WITH OTHER CONTRACTORS ....................................................... 41 5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES ........................ 42 5-7 CONTRACTOR'S EQUIPMENT ................................................................................... 42 5-8 CONTRACTOR'S SUBMITTALS .................................................................................. 42 5-8.02 Resubmittals ............................................................................................. 43 5-8.03 Submittals Containing Proprietary Information .............................................. 44 5-8.04 Electrical, Instrumentation, Control, and Communication Systems .................. 44 5-8.05 Maintenance and Operations (M&O) Submittals ........................................... 44 5-9 DAILY REPORTS ......................................................................................................... 45 5-10 SURVEYS .................................................................................................................. 45 5-10.01 Surveys .................................................................................................. 45 5-10.01.A Streets and Highways ........................................................................... 46 5-10.01.B Sewer, Water, and Drainage Facilities .................................................... 46 5-10.02 Survey Monuments .................................................................................. 46 5-11 RESPONSIBILITY FOR ACCURACY ......................................................................... 47 5-12 DUTIES AND POWERS OF INSPECTORS ............................................................... 47 5-13 INSPECTION .............................................................................................................. 47 5-14 QUALITY OF MATERIALS AND WORKMANSHIP ..................................................... 48 5-15 SUBSTITUTIONS ....................................................................................................... 49 5-15.01 Written Request ....................................................................................... 49 5-16 PREPARATION FOR TESTING ................................................................................. 49 5-17 MATERIALS SAMPLING AND TESTING ................................................................... 49 5-18 APPROVAL OF MATERIALS OR EQUIPMENT ......................................................... 50 5-18.01 Sources Of Supply ................................................................................... 50 5-18.02 Plant Inspection ....................................................................................... 50 5-19 PROVISIONS FOR EMERGENCIES .......................................................................... 50 5-20 RIGHT TO RETAIN IMPERFECT WORK ................................................................... 51 5-21 REMOVAL OF REJECTED MATERIALS OR WORK ................................................. 51 5-22 TEMPORARY SUSPENSION OR DELAY OF WORK ................................................ 51 5-23 TERMINATION OF CONTRACT ................................................................................ 51 5-23.01 Reasons for Termination ......................................................................... 51 5-23.01.A Termination for Convenience ................................................................. 52 5-23.01.B Termination for Cause ........................................................................... 52 5-23.02 Termination After Contract Time ............................................................... 53 5-23.03 Notice of Termination; City Completion ...................................................... 53 5-23.04 Payments to Contractor Upon Termination of Contract ................................ 55 5-23.05 Completion Not a Waiver of City Rights ..................................................... 55 5-23.06 Survival of Obligations .............................................................................. 55 5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS ...................................... 56 462

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CHAPTER 5 CONTROL OF WORK AND MATERIALS

5-1 AUTHORITY OF CITY

The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different contractors that may be involved with the Work.

The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.

The City will administer its authority through a duly designated representative identified at the preconstruction meeting. The Contractor and the City representative shall make good faith attempts to resolve disputes that arise during the performance of the Work.

Any order given by the City not otherwise required by the Contract to be in writing will be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, directive, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.

5-2 ATTENTION AND COOPERATION OF CONTRACTOR

The Contractor shall comply with any written instruction delivered to the Contractor or the Contractor’s authorized representative by appropriately authorized representatives of the City.

5-3 SUGGESTIONS TO CONTRACTOR

Any plan or method suggested to the Contractor by the City, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.

5-4 SEPARATE CONTRACTS

The City reserves the right to award other contracts in connection with the Work. The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and the execution of their work and shall properly connect and coordinate its work with the other contractors.

If any part of the Contractor's work depends upon the work of any other contractor for proper execution or results, the Contractor shall inspect and promptly report to the City any defects in such work that render the other contractor’s work unsuitable for proper execution and results.

The Contractor's failure to so inspect and promptly report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the Contractor's work, unless defects develop in the other contractor's work after the execution of the Contractor's work.

5-5 COOPERATION WITH OTHER CONTRACTORS

Other contractors and other forces, including the City and/or adjacent property owners may perform work adjacent to or within the Work area concurrent with the Contractor's operations. 463

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The Contractor shall conduct operations to minimize interference with the work of other forces or contractors. Any disputes or conflicts between the Contractor and other forces or contractors retained by the City which create delays or hindrance to each other shall be referred to the City for resolution. If the Contractor’s work is delayed because of the acts or omissions of any other force or contractor, the Contractor shall have no claim against the City other than for an extension of time (see Section 7-18, ”Extension of Time”, of these General Provisions).

5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES

If any person employed by the Contractor or any Subcontractor shall fail or refuse to carry out the directions of the City or the provisions of the Contract, or is, in the opinion of the City, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language or conduct to any person on or associated with the Work or with the public; or is acting or working in a manner that compromises the safety of the public, Work or persons or property involved with the Work, or is otherwise unsatisfactory, the Contractor shall, when requested by the City, remove the worker from the Work site immediately, and shall not again employ the removed worker on the Work except with the written consent of the City.

5-7 CONTRACTOR'S EQUIPMENT

The Contractor shall provide adequate and suitable equipment, labor, and means of construction to meet all the requirements of the Work, including completion within the Contract Time. Only equipment suitable to produce the quality of work required will be permitted to operate on the Project. Specific types of equipment may be requested by the City on component parts of the Work.

The City may, at the City's option, permit the use of new or improved equipment, at the Contractor’s cost. If such permission is granted, it is understood that it is granted for the purpose of testing the quality and continuous attainment of work produced by the equipment, and the City shall have the right to withdraw such permission at any time that the City determines that the alternative equipment is not producing work that is equal in all respects to that specified, or will not complete the Work in the time specified in the Contract. The cost for mobilizing and demobilizing new or improved equipment shall be borne by the Contractor.

In any case where the use of a particular type or piece of equipment has been banned, or in cases where the City has condemned for use on the Work any piece or pieces of equipment, the Contractor shall promptly remove such equipment from the site of the Work at its cost.

Failure to do so within a reasonable time may be considered a breach of contract. The cost for mobilizing and demobilizing replacement equipment shall be borne by the Contractor.

5-8 CONTRACTOR'S SUBMITTALS

5-8.01 Submittals - General

The Contractor shall furnish all working drawings, plans, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's instructions as required in the Contract, and any other information required to demonstrate that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract. Submittals shall be submitted by the dates specified in the Contract or, in the 464

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City’s sole discretion, a fine of $100 per day will be levied until the appropriate submittals are properly submitted.

Submittals for systems shall be bound together, include all information for the system and, unless otherwise specified, submitted to the City electronically.

A minimum of five (5) copies of all submittals shall be furnished, two (2) of which will be returned after review. Depending on the complexity of the submittal, the number of submittals, and the express needs of the Contractor, the submittal will be returned to the Contractor within thirty (30) Calendar Days, exclusive of any time awaiting clarification or further information.

Where any item of the work is required to be installed in accordance with the manufacturer's recommendations, the Contractor shall furnish a complete set of the manufacturer's installation recommendations to the City prior to starting the installation. These submittals will be retained by the City.

If the information furnished in a submittal shows any deviation from the Contract requirements, the Contractor shall, by a statement in writing accompanying the information, advise the City of the deviation and state the reasons. It shall be the Contractor's responsibility to ensure there is no conflict with other submittals and to notify the City in any case where the Contractor's submittal may concern work by another contractor, adjacent property owners, other forces or the City.

The Contractor is solely responsible for coordination of submittals among all related crafts performing the Work. The Contractor shall verify that its Subcontractors’ submittals are complete in every way and meet the requirements of the Contract.

Direction from the City to proceed following return of the Contractor's submittals shall not relieve the Contractor of responsibility for any error or of any obligation for accuracy of dimensions and details, for agreement with and conformity to the Contract, or responsibility to fulfill the Contract as prescribed. Nor shall such direction be considered as approval of any deviation or conflict in the submittal unless the City has been expressly advised in writing of the same as set forth immediately above, and the City has expressly approved such deviation or conflict in writing.

The Contractor shall make no changes to any submittal after it has been returned, and the equipment or materials shall not deviate in any way except with written approval by the City.

Fabrication or other work performed in advance of return of the submittal with a direction to proceed shall be done entirely at the Contractor's risk.

Minimum requirements for submittals are contained in these Specifications. Additional and/or project-specific requirements may be contained in the Contract. The Contractor is responsible for identifying and providing all required submittals.

5-8.02 Resubmittals

Resubmittals shall address all comments from the City. Partial resubmittals may be returned ‘REVISE AND RESUBMIT.” The Contractor is responsible for the City's review costs for each resubmittal in excess of the first resubmittal. These costs will be charged to the Contractor and will be deducted from progress payments.

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5-8.03 Submittals Containing Proprietary Information

All required information shall be provided even though some or all of such information may be considered proprietary. If any of the information required herein is considered proprietary, a proprietary agreement shall be executed between the City and the Contractor, stipulating that all such information will be supplied by the Contractor and kept confidential by the City. All proprietary data shall be identified as part of the Contractor's Bid and the proprietary agreement shall be executed before award of the Contract. Proprietary information is defined as any information or data describing or defining a product, process or system which 1) was developed at the expense of the Contractor, a Subcontractor or supplier; 2) is not generally available in the industry; and 3) is kept secret by its owner for purposes of preventing its use by others. Application software and all other documentation, or any other product, prepared by the Contractor, Subcontractor, or supplier at the expense of the City for specific use on the facility being constructed under the Contract shall not be considered proprietary.

All submitted proprietary information shall describe the final record Work. No part of the Work covered by the proprietary agreement shall be modified after proprietary submittal acceptance until updated proprietary information has been submitted by the Contractor and accepted by the City. Updated proprietary information shall fully document all modifications to be implemented. All proprietary data shall be marked “PROPRIETARY” by the Contractor.

5-8.04 Electrical, Instrumentation, Control, and Communication Systems

Electrical, instrumentation, control, and communication system drawings shall include elementary and loop diagram drawings, functional single line system layout drawings, connection drawings, interconnection drawings, panel/cabinet fabrication drawings, and detailed circuit board and component drawings. Detailed circuit schematics and circuit board layout drawings shall clearly show, locate, and identify all components and wiring. Each circuit board component shall be identified by the component's original manufacturer name and part number.

Industry standard part numbers shall be used. Component values, voltage/current levels, setpoints, and timing values shall be defined. Drawings shall be in the latest version of AutoCAD or other electronic reproducible medium specified by the City.

Conduit layout diagrams shall be provided for all electrical conduits, and conduits shall be labeled in the field consistent with the layout diagrams.

Complete annotated software/firmware source code listings and program documentation shall be provided for all electronic/electrical systems, subsystems, assemblies, parts, components, and equipment that incorporate programmable devices. All instructions and hardware necessary to load, store, modify, and activate software/firmware source codes and programs shall be provided.

5-8.05 Maintenance and Operations (M&O) Submittals

For use in subsequent maintenance and operations the Contractor shall furnish to the City electronically and bound together and indexed all maintenance and operation information, 466

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including all the highest level of factory maintenance manuals (greatest level of detail) that are available to factory representatives with a three-year subscription to newsletters and updates supplied by the manufacturer covering all equipment and systems included in the Contract.

The City may withhold up to thirty percent (30%) of the Total Contract Price until M&O submittals have been submitted and approved. The submittal shall include at a minimum:

• Drawings

• Illustrations

• Parts lists

• Wiring diagrams of systems

• Internal wiring diagrams and circuit board schematics and layout drawings

• Manufacturer's recommended spare parts lists

• Name, address and phone number of nearest parts and service City

• Systems balance data

• Maintenance and service instructions

• Operation instructions

• Software including annotated source lists and programs

The submittal of maintenance and operation information is required for all mechanical, electrical, instrumentation, control, communications, sound, or special equipment and systems.

The Contractor shall obtain approval of the required data at least thirty (30) Calendar Days prior to any required training or the final inspection date.

5-9 DAILY REPORTS

No less than on a weekly basis, the Contractor shall submit, upon request of the City, to the City daily reports, which shall include, without limitation, the identity of Subcontractors on the site, an accurate headcount of workers on the site, materials and equipment delivered to the site, visitors to the site, work performed, and any problems encountered.

5-10 SURVEYS

5-10.01 Surveys

Except as set forth in this Section or in the Special Provisions, the Contractor shall be responsible for performing all necessary surveys to lay out and control the Work to the locations, elevations, lines, and dimensions shown or specified in the Contract. Any deviations 467

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must receive prior written approval of the City. All surveys affecting the line or elevation of underground drainage, sewers, or utilities, and all other work within public rights-of-way or easements, shall be performed by or under the direction and supervision of a California Registered Civil Engineer authorized to practice land surveying or a California Licensed Land Surveyor. The Contractor shall be responsible for protecting and perpetuating survey monuments affected by construction activities in accordance with Business and Professions Code Section 8771(b). The Contractor shall be responsible for the accuracy of the Contractor's own layout work, and shall be liable for the preservation of all established lines and grades.

Stakes damaged or destroyed by the operations of the Contractor shall be replaced at the Contractor’s expense.

The Contractor’s surveys also shall include, without limitation, the following surveys:

5-10.01.A Streets and Highways

• Slope Stakes -- One line of slope stakes at fifty-foot (50’) intervals for the construction of each pavement edge. The Contractor shall set back and reference the stakes.

• Subgrade -- One line of blue tops at centerline or at a location directed by the City for each two (2) lanes of the roadway at fifty-foot (50’) intervals, and three (3) lines on super-elevated sections for each two (2) lanes. The Contractor shall reference subgrade stakes for the subbase and base layers.

• Finished Base -- One (1) line of blue tops at centerline or at a location directed by the City for each two (2) lanes of roadway at fifty-foot (50’) intervals, and three (3) lines for each (2) lanes on super-elevated and widened sections.

• All necessary line, location, and elevation stakes for curb and gutter, inlets, pipes, drainage structures, signals, box culverts, and other miscellaneous facilities.

5-10.01.B Sewer, Water, and Drainage Facilities

• For all pipelines to be laid on grade: the City will establish an offset line at fifty-foot (50’) intervals, furnish cut sheets and necessary land surveys, and establish bench marks, base lines, and reference points for locating principal structures.

• For drainage channels: the City will furnish slope stakes at fifty-foot (50’) intervals.

From this information, the Contractor shall develop and make all additional detail surveys and measurements necessary for the construction of the Work.

5-10.02 Survey Monuments

The City shall show on the construction Plans, to the best of its knowledge, the location and character of survey monuments located within the construction area. It is the Contractor’s responsibility to arrange and pay for a diligent and thorough search for survey monuments.

This shall be performed by or under the direction of a California Licensed Land Surveyor or a 468

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California Registered Civil Engineer authorized to practice Land Surveying, prior to the beginning of construction or maintenance work that could disturb or destroy a survey monument. Any monuments found shall be referenced and reset by or under the direction of a California Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice Land Surveying in accordance with Business and Professions Code Section 8771. On thin surface treatments, such as chip seals, the monuments can be covered in advance of the maintenance treatment with a suitable material and then removed to expose the monument.

When survey monuments not shown on the Plans are discovered, the Contractor shall bring them to the attention of the City prior to damaging them. Any City survey monuments damaged or destroyed by the Contractor shall by reset by the City or Contractor at the Contractor’s expense. Any other damaged or destroyed survey monuments shall by reset by the Contractor at its sole expense in accordance with the Land Surveyors Act (Business & Professions Code 8700 et seq.).

When the Special Provisions require that the Contractor provide all surveys, the Contractor shall be responsible for referencing, resetting, and filing of corner records for all survey monuments disturbed or destroyed by construction activities in accordance with Business and Professions Code Section 8771.

All survey monuments and references shall be set or reset by or under the direction of a California Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice Land Surveying.

5-11 RESPONSIBILITY FOR ACCURACY

The Contractor shall obtain all necessary measurements for and from the Work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work; the accuracy for all of which the Contractor shall be responsible. The Contractor is responsible for adjusting, correcting, and coordinating the work of all Subcontractors so that no discrepancies result.

5-12 DUTIES AND POWERS OF INSPECTORS

Inspectors are the authorized representatives of the City. Their duty is to inspect materials and workmanship of those portions of the Work to which they are assigned, either individually or collectively, under instructions of the City, and to report all deviations from the Contract.

City work site inspections will only be conducted Monday through Thursday from 7AM to 3:30PM, excluding City Holidays. Any inspections outside of these hours shall be requested at least three (3) days prior, must be approved by the Project Manager, and all costs associated with the inspections shall be paid by the Contractor. 5-13 INSPECTION

The inspection of the Work does not relieve the Contractor of the obligation to fulfill all Contract requirements. The purpose of inspection is not to assure Contractor that all of the Work is meeting all of the Contract requirements.

All work and materials furnished pursuant to the Contract shall be subject to inspection and 469

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approval by the City. The Contractor shall provide the City and Inspectors with access to the Work during construction and shall furnish every reasonable facility and assistance for ascertaining that the materials, equipment and the workmanship are in accordance with the requirements and intent of the Contract. Any work, materials, or equipment not meeting the requirements and intent of the Contract will be rejected, and unsuitable work, equipment or materials shall be made good, notwithstanding the fact that such work, materials or equipment may have been previously inspected or approved and /or payment may have been made. The Contractor shall be solely responsible for any costs associated with the removal of any defective work, equipment or materials discovered during the inspection and the complete cost of reconstruction.

Unless authorized in writing by the City, any work done in the absence of an Inspector, whether completed or in progress, shall be subject to inspection. The Contractor shall furnish all tools, labor, materials, access facilities, and other facilities necessary to allow such inspection, even to the extent of uncovering or taking down completed portions of the Work.

The Contractor shall pay all costs incurred, whether or not any defective work is discovered.

The Contractor shall also be solely responsible for any costs associated with the removal of any defective work discovered during the inspection and the complete cost of reconstruction.

Reexamination of any part of the Work may be ordered by the City, and such part of the Work shall be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, reexamination, and replacement if the reexamined work does not conform to the Contract.

The Contractor shall notify the City of the time and place of any factory tests and submit test procedures for approval thirty (30) Calendar Days in advance for any tests that are required by the Contract. The Contractor shall report the time and place of preparation, manufacture or construction of any material for the Work, or any part of the Work, that the City wishes to inspect. The Contractor shall give five (5) Working Days’ notice in advance of the beginning of work on any such material or of the beginning of any such test to allow the City to make arrangements for inspecting and testing or witnessing.

5-14 QUALITY OF MATERIALS AND WORKMANSHIP

Unless otherwise allowed or required by the Special Provisions, all equipment and materials shall be new and of a quality at least equal to that specified. All workmanship shall also be of the highest qualify. When the Contractor is required to furnish equipment, materials or manufactured articles or shall do work for which no detailed specifications are set forth, the equipment, materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market. If not ordinarily carried in stock, the articles shall conform to the usual standards for first-class materials or articles of the kind required. The work performed shall secure the best standard of construction and equipment of the Work as a whole or in part.

Materials shall be furnished in sufficient quantities and at such times to ensure uninterrupted progress of the Work. All required spare parts shall be delivered in new condition, not in a used or unknown condition, and with any certificates required. Materials, supplies, and equipment shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or other causes.

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5-15 SUBSTITUTIONS

Certain materials, articles, or equipment may be designated in the Contract by brand or trade name or manufacturer together with catalog designation or other identifying information.

Substitute material, article, or equipment which is of equal quality and of required characteristics for the intended purpose may be proposed for use, provided the Contractor complies with the requirements of the following paragraphs.

5-15.01 Written Request

The Contractor shall submit any request for substitution in writing no later than thirty (30) Calendar Days after the award of the Contract.

5-15.02 Documentation

If requested by the City, a proposal for substitution must be accompanied by complete information and descriptive data, including cost of operation, cost of maintenance, and physical requirements necessary to determine the equality of offered materials, articles, or equipment.

The Contractor shall also submit such shop drawings, descriptive data, and samples as requested. The burden of proof of comparative quality, suitability, and performance of the offered proposal shall be upon the Contractor. The determination of equal quality, suitability, and performance shall be at the sole discretion of the City. The City will examine such submittals with reasonable promptness. If the City rejects the request for such substitution, then one of the particular products designated by brand name in the Contract shall be furnished. Acceptance of substitution by the City shall not relieve the Contractor from responsibility for deviations from the Plans and Specifications or from responsibility for errors in submittals. Failure by the Contractor to identify deviations in the request material from the Plans and Specifications shall void the submittal and any action taken thereon by the City.

Changes required for proper installation and fit of substitute materials, articles or equipment, or because of deviations from the Contract shall not be made without the written consent of the City and shall be made by the Contractor without additional cost to the City. The Contractor shall pay the costs of design, drafting, architectural or engineering services and alterations of the construction required to accommodate any Contractor substitution or construction error to maintain the original function and design.

5-16 PREPARATION FOR TESTING

The Contractor shall maintain proper facilities and provide safe access for inspection by the City to all parts of the Work and to the shops wherein parts of the Work are in preparation.

Where the Contract requires work to be tested or approved, such work shall not be tested or covered up without at least a five (5) Working Day notice to the City of its readiness for inspection, unless the written approval of the City for such testing or covering is first obtained.

5-17 MATERIALS SAMPLING AND TESTING

Materials to be used in the Work will be subject to sampling and tests by the City. The 471

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Contractor shall furnish the City with a list of the Contractor’s sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the City in time to permit the inspection and testing of materials in advance of their use.

Testing shall be done to such standards as set forth in the Plans, Specifications, or Special Provisions. References made in these documents to standard methods of testing materials shall make such standards a part of the Specifications.

Whenever a reference is made in the Specifications to a specification or test designation of any recognized State or national organization or State of California City, and the number or other identification representing the year of adoption or the latest revision is omitted, it shall mean the specification or test designation in effect on the date of the original Notice to Contractors for the Work.

When requested by the City, samples or test specimens of the proposed materials shall be prepared at the expense of the Contractor and furnished by the Contractor in such quantities and sizes required for proper examination and tests, and with complete information describing type, kind, or size of material, and its source. All samples shall be submitted in time to permit the making of proper tests, analyses, or examinations before incorporating the materials into the Work. No material shall be used in the Work unless or until it has been approved by the City. All material tests shall be made by the City in accordance with recognized standard practice. The Contractor shall pay the cost of the first retest and any subsequent retest of any area or material. The City will secure and test samples whenever necessary.

5-18 APPROVAL OF MATERIALS OR EQUIPMENT

5-18.01 Sources Of Supply

The City’s approval at the source of supply may be required prior to procurement. Such approval shall not prevent subsequent disapproval or rejection of materials or equipment by the City if the quality is less than required by the Contract.

5-18.02 Plant Inspection

The City assumes no obligation to inspect materials or equipment at the source of supply. The Contractor is responsible for incorporating satisfactory materials and equipment into the Work, notwithstanding any prior inspections or tests.

The City will inspect materials or equipment at the source if the Contractor submits a written request and if the City deems the inspection necessary. The Contractor and the supplier will cooperate with and assist the City while performing the inspection. The City shall have access to all production areas of the material or equipment source or place of manufacturing.

5-19 PROVISIONS FOR EMERGENCIES

The City may provide necessary labor, material and equipment to correct any emergency resulting from the Contractor’s operation including noncompliance with the Contract, public convenience, safety, traffic control, and protection of Work, persons, environment, and property. The nature of the emergency may prevent the City from notifying the Contractor prior to taking action. The costs of such labor, material, and equipment shall be borne by the 472

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Contractor and will be deducted from progress payments.

The performance of such emergency work under the direction of the City shall not relieve the Contractor from any damages resulting from the emergency.

5-20 RIGHT TO RETAIN IMPERFECT WORK

If any portion of the work done or materials or equipment furnished under the Contract shall prove defective or not in accordance with the Contract, and if the defect in the work, materials or equipment is not of sufficient magnitude or importance to make the work, materials or equipment dangerous or undesirable, or if the removal of such work, materials or equipment is impracticable or will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain the work, materials or equipment instead of requiring it to be removed and reconstructed or replaced. Progress payment deductions will be made as described in Section 8-9, “Deductions for Imperfect Work”, of these General Provisions.

5-21 REMOVAL OF REJECTED MATERIALS OR WORK

The Contractor shall remove all rejected or condemned materials, equipment or structures brought to or incorporated in the Work within two (2) Working Days of the City’s written directive. No such rejected or condemned materials or equipment shall again be offered for use in the Work. The Contractor shall, at the Contractor’s expense, bring into Contract compliance all rejected material, equipment or work in a manner acceptable to the City.

The City may bring into Contract compliance the rejected material or equipment if the Contractor fails to comply with this Section. All costs shall be borne by the Contractor and will be deducted from the Progress Payment.

5-22 TEMPORARY SUSPENSION OR DELAY OF WORK

The City has the authority to suspend or delay the Work, wholly or in part, for any period the City deems necessary. The Contractor shall immediately comply with the City’s written directive to suspend or delay the Work. The suspended or delayed work shall be resumed only when conditions are favorable or methods are corrected, as ordered or approved in writing by the City. Public safety and convenience must be maintained throughout the suspension or delay in accordance with Sections 6-12, “Public Convenience and Safety”, and 6-13, “Public Safety and Traffic Control”, of these General Provisions.

Delays due to suspension of work shall be classified as Inexcusable or Excusable Delays in accordance with Section 7-12, “Delays”, of these Specifications. Such suspension shall not relieve the Contractor of the Contractor’s responsibilities as described in the Contract.

5-23 TERMINATION OF CONTRACT

5-23.01 Reasons for Termination

The City reserves the right to terminate the Contract or the Contractor’s control over the Work for any of the reasons listed below.

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5-23.01.A Termination for Convenience

The City may at any time and for any reason terminate the Contract or the Contractor’s performance of the Work, in whole or in part.

If the Contract or the Contractor’s control over the Work is terminated for cause and if it is later determined that the termination for cause was wrongful, such termination for cause automatically shall be converted to and treated as a termination for convenience. In such event, the Contractor shall be entitled to receive only the amount payable under Section 5-

23.04 of these General Provisions, and the Contractor specifically waives any claim for any other amounts or damages, including any claim for consequential damages or lost profits.

5-23.01.B Termination for Cause

The City may terminate the Contract or the Contractor’s control over the Work and so notify the Contract and the Contractor’s sureties for the following causes:

• The Contractor is adjudged bankrupt or makes an assignment for the benefit of the Contractor’s creditors, or if a receiver is appointed because of the Contractor's insolvency.

• The City has made a determination that the Contractor will be unable to complete the Work on or before the completion date as adjusted by Change Order, or the Contractor has not completed the Work on or before the completion date as adjusted by Change Order.

• The Contractor abandons the Work.

• The Work or any portion is sublet or assigned without the City’s consent.

• The rate of progress is not in accordance with the Contract.

• Any portion of the Work is unnecessarily delayed.

• The Contractor willingly violates any terms or conditions of the Contract.

• The Contractor does not supply sufficient materials or properly skilled and staffed labor.

• The Contractor fails to promptly pay its Subcontractors.

• The Contractor disregards laws, ordinances, or City orders.

• The Contractor fails to correct defective work in response to defective work notices.

• The Contractor fails to comply with written directives.

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5-23.02 Termination After Contract Time

In addition to any other rights it may have, the City may terminate the Contract or the Contractor’s right to proceed at any time after the Contract Completion Date, as adjusted by Change Order. Upon such termination, in addition to the Contractor’s other obligations under the Contract, the Contractor shall not be entitled to receive any compensation after such termination until the Work is completed, and the Contractor shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set forth in Section 5-23.04 of these General Provisions.

5-23.03 Notice of Termination; City Completion

If grounds exist under Sections 5-23.01B or 5-23.02 above, then the City may issue to the Contractor and its sureties a Notice of Intent to Terminate the Contract or the Contractor’s Control Over the Work for Cause. The Notice shall state the grounds for termination for cause that exist and demand that Contractor cure the grounds, or make satisfactory arrangement for cure of the grounds, within ten (10) days of the date of the Notice, or else the City will terminate the Contract or the Contractor’s control over the Work.

If the Contractor fails to cure the grounds, or make satisfactory arrangement for cure of the grounds, stated in the Notice of Intent to Terminate within ten (10) days of the date of the Notice of Intent to Terminate, the City may give written Notice of Termination for Cause to the Contractor and the Contractor's sureties that the Contract, or a portion of the Contract, has been terminated and/or that the Contractor's control over the Work, or a portion of the Work, has been terminated for the reasons stated in the Notice of Termination. The Notice shall also demand that Contractor’s surety take over and perform the Work through Completion. The Contractor’s surety shall then have the right to take over and perform the Work through Completion. The City may take over the Work through Completion at the Contractor’s and surety’s expense if the surety does not commence performance within thirty (30) Calendar Days from the date of mailing the Notice of Termination or if immediate resumption of the Work is necessary to avoid significant additional cost.

If the City is forced to take over the Work, it may prosecute the same to completion by day labor, by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties shall be liable to the City for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, the City may, without liability, take possession of and utilize in completing the Work, the Contractor’s materials whether stored at the Site or elsewhere, that are necessary for completion. The City may also take possession of and use all or any part of the Contractor’s tools, equipment and appliances on the premises to complete the Work. The City assumes the responsibility for returning such equipment in as good condition as when it was taken over, reasonable wear and tear excepted. The items shall be returned to the Contractor when the Work is complete or sooner, at the City’s discretion. The City agrees to pay a reasonable amount for the use of such tools and equipment.

The Contractor hereby assigns to the City all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by the City in writing, and only as to those orders and/or contracts 475

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which the City designates in writing.

Whenever the Contract or the Contractor’s control over the Work is terminated for cause, the Contractor and its sureties and shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order and whether or not the termination date precedes or post-dates the adjusted Contract Completion Date, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set forth in Section 5-23.04 of these General Provisions.

Immediately upon receipt of a Notice of Termination for Cause or for Convenience, except as otherwise directed in writing by the City, the Contractor shall:

1. Stop work under the Contract on the date and to the extent specified in the Notice of Termination.

2. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete the portion of the Work that is not terminated.

3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination.

4. Assign to the City, in the manner, at the times, and to the extent directed by the City, all of the rights, titles, and interests of the Contractor under the orders and subcontracts so terminated. The City shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts with the approval or ratification of the City. The City's approval or ratification shall be final.

6. Transfer title to the City, and deliver in the manner, at the times, and to the extent directed by the City, fabricated or unfabricated parts, work in process, completed work, supplies, other material produced as a part of, or acquired in connection with, the terminated work, and the completed or partially completed drawings, information, and other property that, if the Contract had been completed, would have been submitted to the City.

7. Sell, in the manner, at the times, to the extent, and at the price that the City directs or authorizes, any property of the types referred to in Item 6 of this Section (Section 5-23.03). The Contractor is not required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed and at a price approved by the City. The proceeds of any such transfer or disposition shall be used to reduce any payments made to the Contractor under the Contract or be credited to the cost of the work covered by the Contract or paid as the City directs.

8. Complete performance of the Work not terminated by the Notice of Termination.

9. Take necessary action, or as the City directs, to protect and preserve the 476

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property related to the Contract in which the City has an interest.

5-23.04 Payments to Contractor Upon Termination of Contract

In the event of a termination for convenience, the Contractor and the City may agree upon an amount paid to the Contractor for the total or partial termination of the Contract or of the Contractor’s control over the Work. The amount may include those items specified in Chapter 9, “Changes and Claims”, of these General Provisions. However, such agreed amount shall not exceed the Total Contract Price, reduced by the amount of payments already made and the Contract price of work not terminated. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.

If the Contractor and the City fail to agree on the amount to pay the Contractor because of the termination for convenience under this Section, the City shall determine the amount due the Contractor.

In the event of a termination for cause, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained or to be sustained by the City, including, without limitation, legal expenses, City forces, administration and management, direct and indirect, plus liquidated damages, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the Work, provided that sworn statements of said claims shall have been filed as required by Chapter 9, “Changes and Claims”, of these General Provisions, the excess not otherwise required by the Contract Documents to be retained shall be paid to the Contractor. If the sum so expended to complete, plus the City’s damages as described herein, plus liquidated damages, plus unpaid claims as described herein exceeds the unpaid balance of the Total Contract Price, the Contractor and the Contractor's surety are liable to the City for the amount of such excess.

5-23.05 Completion Not a Waiver of City Rights

No act by the City before the Work is finally accepted shall operate as a waiver or stop the City from acting upon any subsequent event, occurrence or failure by the Contractor to fulfill the terms and conditions of the Contract. The rights of the City pursuant to this Section 5-23 and all of its subsections are in addition to all other rights of the City pursuant to the Contract, and at law or in equity.

5-23.06 Survival of Obligations

No termination of this Contract or of the Contractor’s control over the Work shall excuse or otherwise relieve the Contractor of its responsibilities under the Contract with respect to any Work performed prior to the date of termination, including, without limitation, its obligation to perform the Work in a good and workmanlike manner, free of defects, and in accordance with the Contract, its warranty obligations with respect to the Work, and its obligation to make all payments due. All of the Contractor’s responsibilities under the Contract with respect to the Work performed prior to the date of termination shall survive any termination.

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5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS

When any portion of the Work subcontracted by the Contractor is not prosecuted in a satisfactory manner, the Contractor shall immediately terminate the subcontract upon written notice from the City. The Subcontractor shall not again be employed for any portion of the work on which the Subcontractor's performance was unsatisfactory. Substitution of a new subcontractor shall be accomplished in accordance with California Code.

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CHAPTER 6 - LEGAL RELATIONS AND RESPONSIBILITIES

TABLE OF CONTENTS

Section Page
6-1 COMPLIANCE WITH LAWS AND REGULATIONS
.................................................. 59
6-1.01 Hours of Labor ............................................................................................. 59 6-1.03 Payroll Records ........................................................................................... 61 6-1.04 Nondiscrimination ........................................................................................ 63 6-1.05 Apprentices ................................................................................................. 63 6-1.06 Workers’ Compensation ............................................................................... 63 6-1.07 Fair Labor Standards ................................................................................... 64 6-1.08 Contractors License ..................................................................................... 64 6-1.09 Use of Pesticides ......................................................................................... 64 6-1.10 Reporting Requirements and Sanctions ......................................................... 64 6-1.11 Subcontracting ............................................................................................ 65 6-1.12 Occupational Safety and Health .................................................................... 65 6-2 INDEMNIFICATION ...................................................................................................... 66 6-2.01 Contractor's Performance ............................................................................. 66 6-2.02 Indemnification of Adjacent Property Owners ................................................. 67 6-3 CONTRACTOR'S LEGAL ADDRESS ..................................................................... 67 6-4 CONTRACTOR NOT AN AGENT OF CITY .................................................................. 67 6-5 SUBSTITUTION OF SUBCONTRACTORS .................................................................. 67 6-6 ASSIGNMENT OF CONTRACT ................................................................................... 68 6-7 ASSIGNMENT OF MONIES ......................................................................................... 68 6-8 PROTECTION OF CITY AGAINST PATENT CLAIMS .................................................. 68 6-9 RESPONSIBILITY OF THE CONTRACTOR ................................................................ 68 6-10 PERMITS AND LICENSES ......................................................................................... 69 6-11 GENERAL SAFETY REQUIREMENTS ...................................................................... 70 6-11.01 Compliance With Safety & Health Regulations .............................................. 70 6-11.02 24-Hour Contact Information ....................................................................... 70 6-11.03 Work During Hours of Darkness .................................................................. 70 6-12 PUBLIC CONVENIENCE AND SAFETY .................................................................... 71 6-12.01 Public Convenience ................................................................................... 71 6-12.02 Pedestrian and Bicyclist Access .................................................................. 71 6-12.03 Written Notification To Residences and Businesses ...................................... 71 6-12.04 Access To Driveways, Houses and Buildings ................................................ 71 6-12.05 Property Damage ....................................................................................... 72 6-12.06 Erection of Signs To Expedite Passage of Vehicles ....................................... 72 6-12.07 Traffic Obstructions, Delays and Inconveniences .......................................... 72 6-12.08 Work On Private Property ........................................................................... 72 6-12.09 Hazardous Conditions Created .................................................................... 72 479

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CHAPTER 6 - LEGAL RELATIONS AND RESPONSIBILITIES

TABLE OF CONTENTS (continued)

6-13 PUBLIC SAFETY AND TRAFFIC CONTROL ............................................................. 73 6-13.01 General ..................................................................................................... 73 6-13.02 Responsibility For Safety ............................................................................ 73 6-13.03 Passage of Emergency Vehicles ................................................................. 73 6-13.04 Furnishing, Installing, and Maintaining Traffic Controls .................................. 73 6-13.05 Inadequate Traffic Controls and After-Hour Maintenance and Repairs ............ 73 6-13.06 Competent Flaggers ................................................................................... 73 6-13.07 Construction Signs ..................................................................................... 74 6-13.08 Temporary Bridging of Excavations and Trenches ........................................ 74 6-13.09 Entering and Leaving the Construction Zone ................................................ 75 6-13.10 Existing Traffic Signals and Lighting Systems, Signs and Pavement Markings .................................................................................................. 75 6-13.11 Bus Stops ................................................................................................. 75 6-13.12 Dust .......................................................................................................... 75 6-13.13 Removal of Spillage From Roadway ............................................................ 75 6-14 CONFINED SPACES ................................................................................................. 76 6-14.01 Contractor Responsibilities and Qualifications............................................... 76 6-14.02 Existing Sewers and Storm Drains ............................................................... 77 6-14.03 Joint City – Contractor Entries ..................................................................... 77 6-15 TRAFFIC CONTROL PLANS (TCP) ........................................................................... 77 6-15.01 Traffic Pattern Changes .............................................................................. 77 6-15.02 Traffic Control Plans (TCP) ......................................................................... 77 6-16 BARRICADING OPEN TRENCHES ........................................................................... 78 6-17 EXISTING UTILITIES ................................................................................................. 78 6-17.01 General ..................................................................................................... 78 6-17.02 Maintenance and Protection ........................................................................ 78 6-17.03 Exact Locations Unknown ........................................................................... 78 6-17.04 Underground Service Alert (USA) ................................................................ 79 6-17.05 Damage to Existing Utilities......................................................................... 80 6-17.06 Markings ................................................................................................... 80 6-18 APPROVAL OF CONTRACTOR'S PLANS NO RELEASE FROM LIABILITY ............. 81 6-19 CONTRACTOR SHALL NOT MORTGAGE EQUIPMENT .......................................... 81 6-20 PROPERTY RIGHTS IN MATERIALS ........................................................................ 81 6-21 EXCAVATION AND TRENCH SAFETY ...................................................................... 82 6-21.01 Permit ....................................................................................................... 82 6-21.02 Shoring, Bracing. Shielding, and Sheeting .................................................... 82 6-22 PRESERVATION OF PROPERTY ............................................................................. 82 6-23 OVERLOADING ......................................................................................................... 83

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CHAPTER 6 LEGAL RELATIONS AND RESPONSIBILITIES

6-1 COMPLIANCE WITH LAWS AND REGULATIONS

The Contractor shall be familiar and comply with all Federal, State, and local laws, ordinances, codes and regulations which in any manner affect the Work, those engaged or employed in the Work or the material or equipment used in or upon the Work, or in any way affect the conduct of the Work. No pleas of misunderstanding of such laws, ordinances, codes, or regulations or of ignorance of the same on the part of the Contractor shall modify the provisions of the Contract. The Contractor and the Contractor’s surety shall indemnify, defend and save harmless the City and the City’s officers, officials, agents, employees, volunteers, members, affiliates and their duty authorized representatives against any claim for liability arising from, or based upon, the violation of any such law, ordinance, regulation, decree, or order, whether by the Contractor or by the Contractor’s employees.

The attention of the Contractor is directed to certain laws that affect the Contract. The listing of these laws in this Chapter is not to be construed as a listing of all applicable laws. The Contractor is solely responsible for familiarity and compliance with all applicable laws.

Particular attention is called to the following:

6-1.01 Hours of Labor

Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any Subcontractor under the Contractor, in the execution of the Contract, shall not require more than eight (8) hours of labor in any Calendar Day, and forty (40) hours of labor in any calendar week, from any person employed by the Contractor in the performance of the Work under the Contract, except as permitted under the provisions of Labor Code Sections 1810 to 1815 of the Labor Code of the State of California. The Contractor shall forfeit, as penalty to the City, the amount specified in Labor Code section 1813 for each worker employed by the Contractor or any Subcontractor under the Contractor in the execution of the Contract for each Calendar Day during which any worker is required or permitted to labor more than eight (8) hours and for each calendar week during which any worker is required or permitted to labor more than forty (40) hours, in violation of the provisions of Labor Code Sections 1810 to 1815.

Overtime shall be paid at the rate of not less than one and one half (1 1/2) times the basic rate of pay, or at such higher rate as may be required by the DIR, applicable statutes or collective bargaining agreements.

The City reserves the right to approve or disapprove the days scheduled for work, and the hours during which work is in progress. Overtime and shift work may be established by the Contractor with reasonable notice and the written permission of the City. Unless a different schedule for work is specified or approved by the Project Manager, no work other than overtime and shift work shall be done between the hours of 7:00 p.m. and 7:00 a.m., except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency. Failure of the Contractor to perform the work in accordance with this policy shall be deemed to be a failure on the Contractor’s part to comply with the Contract and is cause for termination.

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6-1.02 Prevailing Wage

Pursuant to Labor Code Section 1772, workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work as defined in Labor Code Sections 1720-1725. Therefore, the Contractor and all Subcontractors on the Project shall pay not less than the prevailing rate of per diem wages, including, but not limited to, overtime, Saturday, Sunday, and holiday work, travel and subsistence, as determined by the Director of the DIR pursuant to Labor Code Section 1773. Copies of such prevailing rate of per diem wages are available upon request at the office of the City Clerk at Rocklin3970 Rocklin Road, Rocklin, CA 95677 or on the internet at http://www/dir/ca/gov/OPRL/PWD.

The Contractor shall obtain and post copies of these prevailing wage rates in a prominent place at the job site, in accordance with the regulations of the DIR.

The responsibility to check prevailing wage rates is the Contractor’s. Pursuant to Labor Code Section 1773.4 the Contractor may file with the Director of DIR or the Chief of the Division of Labor Standards Enforcement (“DLSE”) a petition to review a determination of any rate or rates made by the Director of DIR. The Contractor may also petition the Director of DIR to make a determination for a particular craft, classification or type of work not covered by a general determination. Pending the review or determination, the wages may be assumed to be those in the applicable collective bargaining agreement, but no adjustment in the Bid or Total Contract Price shall be made if such assumption is incorrect.

The wage rates determined by the Director of the California DIR refer to expiration dates.

Prevailing wage determinations with a single asterisk (*) after the expiration date that are in effect on the date of Notice to Contractors remain in effect for the duration of the Project.

Prevailing wage determinations with double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime and holiday wage rates, and employer payments to be paid for work performed after this date have been determined. If work extends past this date, the new rate shall be paid and should be incorporated in contracts entered into for the Project.

The Contractor should contact the DIR as indicated in the prevailing wage determinations to obtain predetermined wage changes. All determinations that do not have double asterisks (**) after the expiration date remain in effect for the duration of the Project.

The Contractor agrees that in the event of underpayment of wages to any employee on the Project, whether by the Contractor or any Subcontractor, the City may retain from payments due to the Contractor, an amount sufficient to pay such worker the difference between the wages required to be paid by the DIR and the wages actually paid such worker for the total number of hours worked. The City may disburse such retention to such employees.

For each worker paid less than the applicable prevailing wages for any work done under this Contract by the Contractor or any Subcontractor, the Contractor shall forfeit to City as a penalty the sum determined by the Labor Commissioner in accordance with the considerations set forth in Labor Code Section 1775, over and above any retention or withholds otherwise authorized by the Contract. If a worker employed by a Subcontractor is paid less than the prevailing wages by the Subcontractor, the Contractor is not subject to this penalty assessment if the Contractor can demonstrate that it did not have knowledge of that failure of the Subcontractor to pay the prevailing wages and that it strictly complied with the 482

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requirements of Labor Code Section 1775(b). In addition to applicable penalties, the Contractor or Subcontractor shall pay each worker the difference between the prevailing wage and the amount paid for every hour the worker was paid less than the prevailing wage.

6-1.03 Payroll Records

Contractor shall comply with Labor Code Section 1776. Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by all Subcontractors on the Project.

The Contractor and Subcontractors shall keep accurate payroll records, showing the name, address, Social Security number, work classification, dates of payroll period, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and by each Subcontractor in connection with the Work. Such records shall be certified under penalty of perjury that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by its employees, and shall be available for inspection at all reasonable hours at the principal offices of the Contractor and Subcontractors in a manner set forth in Labor Code Sections 1776 and 1812. The Contractor shall be held responsible for all Subcontractors' compliance with this requirement.

Failure to submit timely, complete certified payrolls when requested shall entitle the City to withhold payment from the Contractor. Additionally, in the event of noncompliance with this section, the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply. In the event of continued noncompliance, the penalties specified in subdivision (h) of the Labor Code section 1776 may be deducted from progress payments to the Contractor.

The Contractor shall not carry on its payrolls any person not actually employed by the Contractor, nor shall it carry on its payrolls employees of a Subcontractor. The Contractor shall show on its payrolls all persons actually employed by the Contractor on the Project, in any capacity. The Contractor shall supervise all Subcontractors to ensure that all Subcontractors comply with this Section.

In accordance with Government Code Section 8546.7, or any amendments thereto, all books, records, and files of the Contractor, or any Subcontractor connected with the performance of this Contract, shall be subject to examination and audit by the California State Auditor for a period of three (3) years after final payment. Contractor shall preserve and cause to be preserved such books, records and files for the audit period.

6-1.03A Additional Requirements for Labor Compliance

The Contractor shall comply with the following additional requirements and shall cause all Subcontractors on the Project, whether under contract with the Contractor or under contract with any Subcontractor, to comply.

The records kept by the Contactor and all subcontractors of the hours and wages of all employees employed on Project also shall be open at all times for inspection by the DIR and 483

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DLSE, in accordance with Sections 1776 and 1812 of the Labor Code. Such records shall be furnished electronically to the Labor Commissioner of the DIR monthly, unless more frequent submission is required herein, and shall be furnished within 10 days of any separate request by the DIR or DLSE. Payroll records shall be furnished in a format prescribed by section 16401 of Title 8 of the California Code of Regulations, with use of the current version of DIR’s “Public Works Payroll Reporting Form” (A-1-131) and “Statement of Employer Payments” (DLSE Form PW26) constituting presumptive compliance with this requirement, provided the forms are filled out accurately and completely. Payroll data can be entered manually or uploaded into the electronic certified payroll reporting (eCPR) system once it is available.

On a random basis and at such other times as it deems appropriate, the DIR also may confirm the accuracy of payroll reports, including by corroboration of information in payroll reports through independent sources, including without limitation worker interviews, examination of any time and pay records found within the definition of “Payroll Records” in section 16000 of Title 8 of the California Code of Regulations, direct verification of “Employer Payments” (as defined at section 16000 of Title 8 of the California Code of Regulations) through third-party recipients of those payments, or any other legal and reasonable method of corroboration. As part of its confirmation process, the DIR may require the Contractor and any of its subcontractors to furnish for inspection itemized statements prepared in accordance with Labor Code Section 226. The DIR may conduct random confirmation based on a recognized statistical sampling of the records submitted.

The DIR may conduct in-person inspection(s) at the site or sites at which the Work of the Project is being performed (“On-Site Visits”). On-Site Visits may include visual inspection of required job site notices, including but not limited to (1) the determination(s) of the Director of DIR of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2; (2) the Notice of pay days and time and place of payment required by Labor Code Section 207; and (3) any other notices prescribed by law.

On-Site Visits may also include inspections of records, inspections of the work site and observation of work activities, interviews of workers and others involved with the Project, and any other activities deemed necessary by the DIR to ensure compliance with prevailing wage requirements. In accordance with Labor Code Section 90, the Labor Commissioner and his deputies and agents shall have free access to any construction site or other place of labor and may obtain any information or statistics pertaining to the lawful duties of the Labor Commissioner, including but not limited to evidence of compliance with Labor Code Section 226 (itemized wage statements for employees) and any other laws enforced by the Labor Commissioner.

In accordance with Section 16463 of Title 8 of the California Code of Regulations (“8 CCR Section 16463”), the City may, on its own or if required by the Labor Commissioner, withhold funds due to the Contractor when payroll records are delinquent or inadequate. The amount withheld shall be those payments due or estimated to be due to the Contractor or Subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the Contractor or Subcontractor whose payroll records are delinquent or inadequate. The Contractor shall cease all payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured the delinquency or deficiency. When payments are withheld under 8 CCR Section 16463, the Labor Commissioner will provide the Contractor and Subcontractor, if applicable, with immediate written notice that includes all of the following: (1) 484

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a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies what amounts the City has been directed to withhold; and (3) informs the Contractor or Subcontractor of the right to request an expedited hearing to review the withholding of payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Commissioner has exceeded his or her authority under 8 CCR Section 16463. Where the violation is by a Subcontractor, the Contractor shall be notified of the nature of the violation and reference shall be made to Contractor’s rights to withhold or recover payments from the Subcontractor under Labor Code Section 1729. The withholdings under 8 CCR Section 16463 do not preclude assessment of penalties under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records, as set forth above.

6-1.04 Nondiscrimination

The Contractor shall comply with Section 1735 of the Labor Code, which provides as follows:

“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

6-1.05 Apprentices

Attention is directed to the provisions of Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor.

The Contractor and all Subcontractors shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices. Violation of these requirements shall subject the Contractor and/or Subcontractor to the penalties set forth in Section 1777.7 of the Labor Code and/or otherwise provided by law or Contract.

Information relative to apprentice standards, wage schedules, and other requirements may be obtained from the Director of DIR, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices and/or on the OPRL website at www.dir.ca.gov/OPRL/PWD. Apprentices employed on the Project must at all times work with or be under the direct supervision of a journeyman or journeymen.

6-1.06 Workers’ Compensation

Pursuant to Labor Code Section 1860, in accordance with the provisions of Section 3700 of the Labor Code, the Contractor is required to secure the payment of compensation to its employees.

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6-1.07 Fair Labor Standards

The Contractor shall comply with the Fair Labor Standards Act of 1938 as amended (29 U.S.C. 3201 et seq.) as applicable.

6-1.08 Contractors License

The Contractor shall comply with Chapter 9 of Division 3 of the Business & Professions Code.

6-1.09 Use of Pesticides

The Contractor shall comply with all rules and regulations that govern the use of pesticides required in the performance of the Work, including any certifications that may be required for purchase, use, storage or application.

Pesticides include, but are not limited to, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellants.

Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.

6-1.10 Reporting Requirements and Sanctions

Failure to provide specific information, records, reports, certifications, or any other documents required for compliance with the Contract will be considered noncompliance. At a minimum, documents required include:

1. List Of Subcontractors

A list is required from the Contractor of all Subcontractors, including all lower tier Subcontractors, who are or will be performing work on the Project, using the format of Attachment B to the Bid Documents. This list is due within ten (10) Calendar Days after the date of the preconstruction conference or within ten (10) Calendar Days after the date of award of the subcontract. The later of the two dates will apply.

2. Certified Payroll Reports

Certified Payroll Reports are required from the Contractor and each Subcontractor, regardless of the subcontract amount or the type of procurement, for every payroll period in which work is performed. These reports are due with progress payment requests and no later than ten (10) Working Days of the ending date of the payroll period.

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3. Fringe Benefit Statement

A Fringe Benefit Statement is required from the Contractor and each Subcontractor if fringe benefits are paid to an approved plan, fund, or program.

The statement is due with the first certified payroll report and any time the fringe benefit amounts change. The statement is not required if the fringe benefits are paid in cash to the employees.

4. Other Documentation

When required by the Special Provisions, other reporting documentation may be required depending on the source of funding for the project.

If the Contractor fails to comply with the provisions of this Section, the Contractor will be advised of the specific deficiencies and requested to make immediate corrections. The Contractor will also be advised that monetary deductions will be made for failure to effect corrections or delinquencies.

If the Contractor fails to correct a deficiency in the reporting requirements within fifteen (15) Calendar Days after notification, a deduction may be made. In such cases, the deduction will be ten percent (10%) of the estimated value of the work done during the month, except that the deduction will not exceed ten thousand dollars ($10,000), nor be less than one thousand dollars ($1,000), and will be deducted from the next progress payment.

Deductions for non-compliance will be in addition to all other deductions provided for in the Contract and will apply irrespective of the number of instances of noncompliance. Deductions will be made separately and cumulatively for each estimate period in which a new deficiency appears. When all deficiencies for a period have been corrected, the deduction covering that period will be released on the next progress payment. Otherwise, the deduction will be retained.

6-1.11 Subcontracting

The Contractor must comply with Section 4101 to Section 4113, inclusive, of the Public Contract Code.

6-1.12 Occupational Safety and Health

The Contractor must comply with all applicable provisions of the California Occupational Safety and Health Act (Labor Code Sections 6300 et seq.). The foregoing includes, but is not limited to, all applicable Title 8 Safety Orders issued by the State of California Occupational Safety and Health Administration (Cal/OSHA). Failure of the City to suspend the work or notify the Contractor of the inadequacy of the safety precautions or non-compliance with existing laws and regulations shall not relieve the Contractor of this responsibility.

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6-2 INDEMNIFICATION

6-2.01 Contractor's Performance

To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party.

To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.

The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.

In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.

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The defense and indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.

The defense and indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract.

The defense and indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

6-2.02 Indemnification of Adjacent Property Owners

In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in Section 6-2.01 as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.

6-3 CONTRACTOR'S LEGAL ADDRESS

Both the address given in the Bid and the Contractor's office in the vicinity of the Work are designated as places that samples, notices, letters, or other articles or communications to the Contractor may be mailed or delivered. The delivery to either of these places shall be deemed sufficient service to the Contractor and the date of such service shall be the date of delivery.

The address named in the Bid may be changed at any time by written notice from the Contractor to the City. Nothing herein shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to the Contractor.

6-4 CONTRACTOR NOT AN AGENT OF CITY

The Contractor shall be an independent contractor and not an employee, agent, or other representative of the City. Nothing in the Contract shall be construed to create any relationship of joint venture, partnership or any other association of any nature whatsoever between the City and the Contractor other than that of owner and independent contractor.

The City shall have the right to direct the Contractor as provided in the Contract. The aforementioned right of supervision shall not reduce or abrogate the Contractor's liability of all damage or injury to persons, public property, or private property that may arise directly or indirectly from the Contractor's execution of the Work.

6-5 SUBSTITUTION OF SUBCONTRACTORS

The Contractor shall comply with the requirements of the Subletting and Subcontracting Fair Practices Act, Chapter 4 of Part 1 of Division 2 of the Public Contract Code, commencing with Section 4100, forbidding bid shopping and bid peddling, requiring accurate listing of all 489

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Subcontractors, and requiring Subcontractors to be licensed. The Contractor shall not, without the written consent of the City: (a) substitute any party as Subcontractor in place of the Subcontractor designated in the original bid; (b) permit any such subcontract to be assigned or transferred; or (c) allow the subcontracted work to be performed by anyone other than the original Subcontractor listed on the bid. Consent for substitution or subletting shall only be given pursuant to Section 4107 of the Public Contract Code. Should the Contractor violate any of the provisions of this Section, the violation shall be deemed a breach of this Contract and the City shall have all remedies provided by California law, including but not limited to those provided in Public Contract Code Section 4110, allowing termination of the Contract or a penalty assessment of ten percent (10%) of the subcontract amount.

6-6 ASSIGNMENT OF CONTRACT

The Contract or the performance of the Contract may be assigned by the Contractor, but only upon written consent of the City and the Contractor’s surety, unless the surety has waived its right of notice of assignment. No such assignment or subcontracting shall be permitted that would relieve the Contractor or the Contractor’s surety of their responsibilities under the Contract.

6-7 ASSIGNMENT OF MONIES

The Contractor may assign monies due the Contractor under the Contract, and such assignment will be recognized by the City, if given proper notice, to the extent permitted by law. Any assignment of monies shall be subject to all deductions provided for in the Contract.

All money withheld may be used by the City for the completion of the Work if the Contractor defaults.

6-8 PROTECTION OF CITY AGAINST PATENT CLAIMS

The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, and processes on or incorporated in the Work and shall indemnify and hold harmless the City and the City’s officers, officials, agents, employees, volunteers, members, affiliates and their duly authorized representatives from all actions for, or on account of, the use of any patented materials, equipment, devices, or processes in the construction of, or subsequent operation of, the Work. Before final payment, if requested by the City, the Contractor shall furnish acceptable proof of a proper release from all costs or claims arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work.

6-9 RESPONSIBILITY OF THE CONTRACTOR

The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work under the Contract, unless otherwise provided in the Contract.

The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work, equipment or the materials occasioned by any cause, and shall bear the entire expense.

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In no case shall the Contractor’s use of Subcontractors in any way alter the position of the Contractor or the Contractor’s sureties with relation to the Contract. When a Subcontractor is used, the responsibility for every portion of the Work shall remain with the Contractor. No Subcontractor will be recognized as having a direct contractual relationship with the City. All persons engaged in the Work under the Contract will be considered as employees of the Contractor and their work shall be subject to all the provisions of the Contract. The City will deal only with the Contractor who is responsible for the proper execution of the Work. The Contractor shall pay when due all valid claims of Subcontractors, suppliers, and workmen with respect to the Work.

The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.

The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Plans, Specifications, and all provisions of the Contract, within the time specified.

If the Contractor discovers any discrepancies during the course of the Work between the Plans and conditions in the field, or any errors or omissions in the Plans and conditions in the field, or any errors or omissions in the Plans, the Specifications, or in the layout given by stakes, points, or instructions, it shall be the Contractor's duty to inform the City immediately, and the City shall promptly verify the same. Any work done after such discovery until authorized by the City, will be done at the Contractor's risk.

6-10 PERMITS AND LICENSES

Except as set forth in the Special Provisions, the Contractor shall, at the Contractor’s sole expense, obtain all necessary permits and licenses for the construction of the Work, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health and safety.

The Contractor shall also procure all permits and licenses necessary for the normal conduct of the Contractor’s business and construction operations.

Unless otherwise noted in the Special Provisions, building, plumbing, heating, electrical, and similar permits that the Contractor is required to obtain from the City Building Department for City-owned projects will be obtained by the Contractor at City expense.

The California Environmental Quality Act of 1970 (CEQA) may be applicable to permits, licenses, and other authorizations that the Contractor shall obtain from local agencies in connection with performing the Work. The Contractor shall comply with the provisions of CEQA in obtaining such permits, licenses, and other authorizations, which will be obtained in time to prevent delays to the Work. The Contractor shall also comply with all mitigation measures identified in the Special and/or Technical Provisions.

Contractor shall also furnish the Engineer a copy of a valid, current City of Rocklin Business License obtained at Contractor expense prior to the commencement of the work.

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6-11 GENERAL SAFETY REQUIREMENTS

6-11.01 Compliance With Safety & Health Regulations

Safety is a prime consideration in all City contracts. The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California or Federal Government. In no case shall the City or any of its agents, officials, officers, employees, independent contractors or representatives have either direct or indirect responsibility for the means, methods, techniques, sequences or procedures utilized by the Contractor, or for safety precautions and programs in connection with the Work, or for maintaining any safety or health conditions on the site, or for ensuring against or correcting any hazardous conditions on the site. The City or any of its agents, employees or independent contractors may call to the attention of the Contractor any safety, health or hazardous conditions at the site but, by doing so, does not assume any liability or responsibility for remediation or correction of the condition, which liability and responsibility lie solely with the Contractor.

The Contractor shall, upon request, submit to the City a copy of its Injury Illness Prevention Program (IIPP) (including Site Safety Plan and Code of Safe Work Practices) and all updates and revisions to the IIPP for review. The Contractor is required to fulfill the requirements of these programs during the prosecution of the work.

6-11.02 24-Hour Contact Information

The Contractor shall have on record with the City the following twenty-four (24) hour emergency contact numbers:

• Traffic control device supplier: Supplier of barricades, steel plates, delineators, channelizers, construction signs, and other traffic control equipment to be used during construction.

• Contractor representative: An employee of the Contractor having the authority to make decisions and the ability to respond to an emergency on the project at any time.

• Safety representative: The Contractor’s Safety Representative shall have the authority to make decisions regarding safety and health concerns on the project and to direct the Contractor’s personnel to abate any hazard identified by the City.

6-11.03 Work During Hours of Darkness

Working areas utilized by the Contractor during the hours of darkness shall be illuminated to conform to the minimum illumination intensities established by Cal-OSHA, Construction Safety Orders and the Traffic Control Plans (TCP).

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6-12 PUBLIC CONVENIENCE AND SAFETY

6-12.01 Public Convenience

All work within public streets and/or roadway rights-of-way shall be done in an expeditious manner and cause as little inconvenience to the traveling public as possible. Vehicles, bicycles, and pedestrians must be allowed to pass at all times except during an emergency closure. See Section 7-8, “Peak Hours, Hours of Darkness, Holidays and Weekends”, of these General Provisions for time limitations.

6-12.02 Pedestrian and Bicyclist Access

The Contractor shall not block the movement of pedestrian or bicycle traffic. The Contractor shall provide for pedestrian and bicycle traffic by phasing construction operations or by providing alternative pedestrian and bicyclist access through or adjacent to construction areas. Proper advance notice signage with reasonable detours shall be installed and maintained through all phases of construction. Access to pedestrian and bicycle devices at traffic signals shall be maintained at all times. At no time shall pedestrians be diverted into a portion of the street used for vehicular traffic or on to private property unless adequate lane closure signage is in place. Pedestrian and bicycle access shall consist of four-foot (4’) wide bridges across trenches and four-foot (4’) wide passageways through construction areas.

Hand railings for pedestrians shall be provided when required by Cal/OSHA Regulations or the Americans with Disabilities Act (ADA) on each side of each bridge or passageway to protect pedestrians from hazards caused by construction operations or adjacent vehicular traffic.

Railings or barricades, which border passageways located in roadway areas, shall be reflectorized on the side facing oncoming traffic. The provisions of this section 6-12.02 shall apply absent written approval from the City to the contrary.

6-12.03 Written Notification To Residences and Businesses

The Contractor shall notify, in writing, residents and business establishments along the route of the Work at least ten (10) Working Days prior to road closures and at least two (2) Working Days prior to disruption of ingress and egress. The notice provided to the residences or businesses shall include, at a minimum, schedule of closures with estimated closure times, closure location, alternate route or detour, and name and twenty-four (24) hour phone number of a contact person employed by the Contractor.

The Contractor shall notify, in writing, residents and business establishments along the route of the Work at least two (2) Working Days prior to placing parking restrictions within the City right-of-way. The notice provided to the residences or businesses shall include, at a minimum, schedule of parking restrictions with estimated times, location, and a name and twenty-four (24) hour phone number of a contact person employed by the Contractor.

6-12.04 Access To Driveways, Houses and Buildings

Access and passable grades shall be maintained to the extent feasible for business establishments and residents during construction. Safe and passable pedestrian, bicyclist, and vehicular access shall be provided and maintained. Access shall be continuous and unobstructed unless otherwise approved and shall be ADA compliant. When abutting property owner’s access across the right-of-way line is to be eliminated, repaired, or replaced under the 493

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Contract, the existing access shall not be closed until the replacement access facilities are completed and functional or suitable temporary access facilities are installed.

6-12.05 Property Damage

Any property damage caused by the Contractor shall be repaired at the Contractor’s expense to the satisfaction of the City.

Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of any third-party claims received by the City relating to this Contract. Such notification shall not create any rights or obligations on the part of the City to respond or otherwise act on behalf of the Contractor with respect to such third-party claims.

6-12.06 Erection of Signs To Expedite Passage of Vehicles

The Contractor shall erect such warning and directional signs as necessary or as directed by the City for expediting the passage of public traffic through or around the Work and the approaches. All warning and directional signs shall comply with the current version of the California-MUTCD.

6-12.07 Traffic Obstructions, Delays and Inconveniences

All public traffic shall be permitted to pass through the Work and the Contractor shall conduct operations that offer the least possible obstruction, delay, and inconvenience to the public.

6-12.08 Work On Private Property

The Contractor must obtain written permission from the owner of any privately owned property prior to beginning any work, storing materials or otherwise conducting any operations on said property. The written approval from the property owner must be on file with the City before any operations will be permitted on said property.

6-12.09 Hazardous Conditions Created

Whenever the Contractor’s operations create a condition hazardous to pedestrians, bicyclists, or the traveling public, the Contractor shall, at the Contractor’s own expense, furnish, erect and maintain any fences, covers, temporary railing (Type K), barricades, lights, signs and other devices necessary or as directed by the City to prevent accidents or damage or injury to the public or property.

If needed for public use, roadway excavation shall be conducted to maintain a smooth and even surface satisfactory for use by public traffic at all times. The surface of the roadbed shall be kept in a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic as determined by the City.

Temporary facilities that the Contractor uses to perform the Work or store or stage material or equipment shall not be installed or placed where they will interfere with the free and safe passage of public vehicular, bicycle, or pedestrian traffic.

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6-13 PUBLIC SAFETY AND TRAFFIC CONTROL

6-13.01 General

All traffic controls shall be installed in accordance with the latest edition of the Caltrans “California-MUTCD.”

6-13.02 Responsibility For Safety

It is the Contractor's responsibility to provide for public safety and traffic control. The City may review the Contractor’s operations and inform the Contractor if an unsafe or hazardous condition is observed. The Contractor may be directed verbally or via Field Directive, letter, email, or other means to abate the hazard. The Contractor must comply with all directives for hazard abatement immediately and within the timeframe imposed by the City.

6-13.03 Passage of Emergency Vehicles

The Contractor shall provide for the uninterrupted passage of emergency vehicles through the Work zone at all times regardless of the controlled traffic conditions in place at the time.

6-13.04 Furnishing, Installing, and Maintaining Traffic Controls

Appropriate traffic control shall be furnished by the Contractor to provide an adequate warning to the public of dangerous conditions to be encountered during construction at all hours of the day or night. Warning and directional signs shall be erected and maintained as required by the City and by law. All traffic controls shall be installed as required by the Specifications.

6-13.05 Inadequate Traffic Controls and After-Hour Maintenance and Repairs

Should the Contractor appear negligent in furnishing and maintaining sufficient traffic control devices or protective measures or fail to provide flaggers as necessary to control traffic, the City may direct the Contractor, at the Contractor’s expense, to abate the hazard.

Should the City identify the inadequacy of warning devices and protective measures, that action shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.

Should the Contractor fail to properly furnish or maintain traffic controls, or correct a hazard caused by inadequate or inappropriate traffic control, the City will abate the hazard. All City costs to abate the hazard shall be reimbursed by the Contractor or deducted from the progress payment. If the Contractor is not available to perform after-hour maintenance and repair to traffic control devices, the City will correct the situation and deduct all costs from the progress payment.

6-13.06 Competent Flaggers

The Contractor shall provide competent and professional flaggers to control traffic when necessary or requested by the City. All flaggers shall be trained as required by Cal-OSHA 495

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regulations and shall be prepared to provide verification of such training to the City when requested.

6-13.07 Construction Signs

The Contractor is responsible for supplying, installing, and maintaining all construction signs and posts. The Contractor will receive direction from the City as to the specific locations and placement of each sign. Regulatory signs or guide signs shall be supplied, erected, and maintained by the Contractor, subject to City approval, and shall be protected from damage from construction activities by the Contractor throughout the duration of the Project.

6-13.08 Temporary Bridging of Excavations and Trenches

Whenever necessary or requested by the City, excavations shall be bridged with steel plates to allow an unobstructed flow of traffic.

1. Asphalt concrete “cutback” shall be placed around the edges of the plat e to provide a ramp and smooth transition from the pavement to the plate to minimize wheel impact. All ramping must be accomplished to provide a minimum angle of approach of twelve horizontal to one vertical (12H:1V).

2. Bridging shall be secured against di splacement by using railroad spikes or other approved fastening devices.

3. Bridging shall be placed and secured to work to minimize noise levels.

4. Steel plates used for bridging shall extend at least one (1) trench width on each side beyond the edges of the trench. Any deviations from these requirements must be designed by a registered engineer and reviewed by the City.

5. Depending upon the depth of the excavation, soil type, vibration, and other variables, the trench may require shoring to support bridging. The excavation shall be designed by a State Registered Civil Engineer or other appropriate professional if there is any question about the capability of the excavation and bridging to support the forces of traffic.

In sidewalk areas, one and one-eighth inch (1-1/8”) plywood may be substituted for steel plating. Such plywood shall be secured to prevent removal by unauthorized persons. Asphalt concrete “cutback” or other non-displaceable material must be used to provide a ramp for pedestrian and handicap access. All ramping must be accomplished to provide a minimum angle of approach of twelve horizontal to one vertical (12H:1V). Vehicular travel over backfilled but unpaved excavations will not be allowed, unless the Contractor provides a

WIDTH OF EXCAVATION MINIMUM THICKNESS OF STEEL PLATES

2.0 ft. or less (0.6 m or less) 7/8 inch (22 mm)

3.0 ft. (0.9 m) 1 inch (25 mm)

4.0 ft. (1.2 m) 1-1/4 inch (32 mm)
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temporary surface suitable for driving consisting of at least two inches (2”) of plant mix asphalt over six inches (6”) of aggregate base, concrete slurry (completely cured), or traffic plates placed over the excavated area of sufficient width and thickness as indicated in this Section.

6-13.09 Entering and Leaving the Construction Zone

Construction equipment shall enter and leave the roadway by moving in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a safe manner that will not endanger the workmen or the public. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment operators shall yield to public traffic.

6-13.10 Existing Traffic Signals and Lighting Systems, Signs and Pavement Markings

Existing traffic signals and highway lighting systems shall be kept in operation during progress of the Work. When traffic signal shutdown is permitted by the City, the Contractor shall notify the City at least five (5) Working Days prior to shut down. Traffic signal detectors accidentally cut or damaged during construction shall be repaired or replaced by the Contractor at the Contractor’s expense and be operational within seventy-two (72) hours. When traffic signals are approved for shutdown, the Contractor shall control traffic by use of flaggers as directed by the City. “STOP” signs will not be permitted at these locations, unless allowed by the City.

Existing signs and pavement markings shall be maintained by the Contractor and shall not be removed or altered without City approval.

6-13.11 Bus Stops

If construction operations will obstruct a bus stop, the Contractor shall notify the Transit provider five (5) Working Days in advance of beginning that portion of the Work and make provisions agreeable to the transit provider to provide an alternate location where people can safely board the bus.

6-13.12 Dust

Water or dust palliative shall be applied if ordered by the City for the alleviation or prevention of dust nuisance caused by the Contractor's operations as provided Chapter 10 of these General Provisions.

6-13.13 Removal of Spillage From Roadway

The Contractor shall immediately remove any spillage resulting from hauling operations along or across any public traveled way.

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6-14 CONFINED SPACES

6-14.01 Contractor Responsibilities and Qualifications

When working in a confined space, the Contractor shall comply with all confined space requirements of Title 8, General Industry Safety Orders (Cal-OSHA), Article 108, Sections 5156 through 5159.

Prior to any confined space entry, the Contractor shall submit for City review:

1. The Contractor’s procedures for confined space operations.

2. Copies of all documents and certificates that qualify the Contractor to safely perform work in permit-required confined spaces. The Contractor shall also submit all applicable Material Safety Data Sheets (MSDS) and hazard information on chemicals, products, materials, or procedures.

3. Sufficient documentation and evidence that a permit-required confined space entry can be made in accordance with Article 108. Documentation shall include, but not be limited to the following:

• Equipment availability, suitability, and integrity.

• Personnel training.

• Experience.

• Supervision.

• Safety.

• Accident experience.

• Permit-required confined space policy.

• Hot work procedures (if applicable).

• Lock-out/tag-out procedures (if applicable).

The Contractor’s submittal shall be made thirty (30) Calendar Days prior to any confined space entry in accordance with Section 5-8, “Contractor’s Submittals,” of these General Provisions.

The Contractor will not be allowed to make a permit-required confined space entry until the City has reviewed the Contractor’s qualifications and proposed methods.

The Contractor shall conform to the procedures established by the Contractor’s submittal during all confined space operations. The Contractor shall provide all monitoring and safety equipment necessary to perform pre-entry checks of confined spaces. The Contractor shall also provide all monitoring, safety, and communications equipment required for confined space operations.
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6-14.02 Existing Sewers and Storm Drains

Because of the potential danger of solvents, gasoline, and other hazardous material in existing sewers and storm drainpipes, these areas shall be treated as permit-required confined spaces unless it has been proven, through appropriate testing, that no hazards exist or are expected to develop.

6-14.03 Joint City – Contractor Entries

Unless otherwise directed in writing by the City, when City employees work alongside the Contractor in a permit-required confined space, the permit procedures for both the City and the Contractor shall be used. The Entry Supervisor shall coordinate the requirements of both permit procedures prior to entry.

6-15 TRAFFIC CONTROL PLANS (TCP)

6-15.01 Traffic Pattern Changes

The Contractor shall notify the City in advance of the Contractor's desire to change any existing traffic patterns. Traffic lanes for public use shall be at least ten feet (10’) in width.

Whenever feasible an additional four feet (4’) shall be provided for a bicycle lane. If it is not feasible to provide a separate bicycle lane, the Contractor shall post signage before the construction area stating, “SHARE the Road with Bicyclists.” Additionally, when the lane is shared, the Contractor shall post signage for a maximum speed limit of 25 MPH in the shared lane. For traffic pattern changes that do not require a road closure, the Contractor shall provide the City with a minimum of five (5) Working Days advance notification, unless otherwise approved or deemed an emergency lane closure by the City. For all road closures, the Contractor shall provide the City with a minimum of twenty (20) Working Days’ notice prior to the desired closure date, unless otherwise approved or deemed an emergency road closure by the City.

6-15.02 Traffic Control Plans (TCP)

The Contractor shall submit a Traffic Control Plan (TCP) to the City for review. The TCP shall show traffic control measures to be used for vehicles, bicyclists, and pedestrians affected by the construction. Five (5) sets of the TCP shall be submitted on eleven-inch by seventeen- inch (11”x17”) (minimum) paper. The Contractor will not be allowed to begin work associated with the road or lane closure until the TCP is reviewed by the City.

TCPs will be reviewed and returned within twenty (20) Working Days.

The City reserves the right to extend the review period or request and review a TCP if special conditions warrant.

Detours used exclusively by the Contractor for hauling materials and equipment shall be constructed and maintained by the Contractor at the Contractor’s expense. If the Contractor's operations are damaging the roadway, the City has the authority to regulate the Contractor's operations and direct the Contractor to repair the roadway at the Contractor’s expense. 499

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6-16 BARRICADING OPEN TRENCHES

Any excavation permitted by the City to be left open shall be barricaded with Type I, Type II, or Type III barricades with reflective tape and flashers as approved or directed by the City. Signs stating “OPEN TRENCH” shall be posted when requested by the City. All open excavated areas shall be barricaded with at least two (2) Type III barricades at the end of the excavation that faces oncoming traffic. Any excavation within four feet (4’) of the traveled way, not protected by K-rail or a similar traffic control barrier approved by the City, shall be backfilled at the end of the work shift or plated in accordance with Section 6-13.08, “Temporary Bridging of Excavations and Trenches,” in this Section of these General Provisions.

6-17 EXISTING UTILITIES

6-17.01 General

The Contractor shall coordinate and fully cooperate with the City and utility owners for the location, relocation, and protection of utilities. The Contractor’s attention is directed to the existence of utilities, underground and overhead, necessary for all buildings in the Work area.

The Contractor shall arrange with utility owners for the location of service lines serving these buildings in advance of the actual construction and for the relocation of such facilities, if necessary, by the utility owner or the Contractor.

6-17.02 Maintenance and Protection

Unless otherwise shown or specified in the Contract, the Contractor shall maintain in service all drainage, water, gas, sewer lines, power, lighting, telephone conduits, and any other surface or subsurface utility structure that may be affected by the Work. However, the Contractor, for convenience, may arrange with individual owners to temporarily disconnect service lines or other facilities along the line of the Work. The cost of disconnecting and restoring such utilities shall be borne by the Contractor.

Unless otherwise specified in the Special Provisions, the Contractor shall protect all existing utilities on all projects being constructed, whether inside or outside of highway rights-of-way.

The utility owner in these cases may elect to provide the necessary protective measures and bill the Contractor for the cost. “Existing utilities” includes traffic control devices, conduits, streetlights, and related appurtenances. Existing utility facilities that are to be relocated, including traffic signals and light poles, shall be relocated prior to paving. No paving shall be performed around existing utility facilities that are to be relocated.

6-17.03 Exact Locations Unknown

The locations of existing utility facilities shown on the Plans are approximate and represent the best information obtainable from utility maps and other information furnished by the various utility owners involved. The City warrants neither the accuracy nor the extent of actual installations as shown on the Plans. There may be additional utilities on the property unknown to either party to the Contract. If, during the course of the Work, additional subsurface utilities are discovered, the City may make adjustments to the Work. Compensation for such adjustments will be in accordance with Chapter 9, “Changes and Claims”, of these General Provisions.
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In accordance with Government Code Section 4215, the City will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, removing, relocating or protecting existing main or trunk line utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment on the Work necessarily idled during such work. In no event shall the City be liable for any further or additional costs resulting directly or indirectly from any such occurrence.

Compensation will be in accordance with Chapter 9, “Changes and Claims”, of these General Provisions. Nothing herein shall be deemed to require the City to indicate the presence of existing utility services, laterals, or appurtenances whenever their presence can be inferred from other visible facilities such as buildings, meters, junction boxes, valves, service facilities, identification markings, and other indicators on or adjacent to the Work.

If the Contractor discovers utilities not identified in the Plans or Specifications, the Contractor shall immediately notify the City and the utility owner by the most expeditious means available and later confirm in writing. If the completion of the Work is delayed by failure of the City or the utility owner to remove, repair, or relocate the utility, such delay may be an excusable delay as defined and provided for in Section 7-12.02, “Excusable Delays”, of these General Provisions. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays that are the responsibility of the utility. The Contractor shall not be assessed liquidated damages for delay in completion of the Work for that portion of such delay as is caused by failure of the City or the owner of a utility to provide for the removal or relocation of existing utilities.

6-17.04 Underground Service Alert (USA)

The City is a member of the Underground Service Alert North (U.S.A.) one-call program.

Except in an emergency, the Contractor and any Subcontractor planning to conduct any excavation shall notify the U.S.A. at least two (2) Working Days, but no earlier than fourteen (14) Calendar Days, in advance of performing excavation work. U.S.A. can be reached by calling 811 or going to www.usanorth811.org. U.S.A. does not accept emergency calls. For emergency repairs, the Contractor or any Subcontractor planning to conduct an excavation, must contact the designated City representative. The provisions of Government Code Sections 4216 through 4215.9, inclusive, shall be followed.

Each phase of the Project shall be called into U.S.A. and continuing excavation reported every fourteen (14) Calendar Days. The Contractor shall not call into U.S.A. the entire Project boundaries or, on road construction projects, the entire length of the project. The excavator shall only request the marking of facilities within the area to be excavated within fourteen (14) Calendar Days of the call. U.S.A. will provide an inquiry identification (“Ticket”) number to the person contacting the center. The U.S.A. ticket number shall be available to the Inspector at the job site along with the date U.S.A. was called. If the U.S.A. notifications are not kept up-to- date, the excavation will be stopped, and a new two (2) Working Day notice will be required before continuing the excavation. If, at any time during an excavation for which there is a valid ticket number, the field markings are no longer reasonably visible, the Contractor shall contact U.S.A.to have the area re-marked. The Contractor shall allow two (2) Working Days for re- marking of facilities.

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Prior to calling U.S.A., the Contractor shall clearly mark the excavation site with white, water- soluble, or spray chalk paint in paved areas or place flags, stakes, whiskers, or some other approved method in unpaved areas. The Contractor shall determine the exact location (twenty-four inches (24”) from outside edge on either side of the facility) of utilities in conflict with the proposed excavation by exposing the subsurface installation with hand tools before using any power-operated or power-driven equipment. The Contractor is responsible for protecting operators’ markings or markers until they are removed.

Prior to Final Acceptance, all U.S.A. markings shall be removed by the Contractor to the satisfaction of the City. During the progress of the Work, markings shall be removed by the Contractor to the satisfaction of the City. During the progress of the Work, markings or markers shall be removed within two (2) months of the date the markings or markers are no longer needed or upon completion of the work, whichever comes sooner. The City will accept natural weathering of the markings if the markings disappear within the two-month period or prior to Final Acceptance. If the markings are in brick pavers or concrete areas and if, by natural weathering or other approved removal methods, the markings still remain, the Contractor must replace the concrete or the brick pavers in-kind, unless the utility operator has failed to use chalk-based paint or other non-permanent marking materials. Contractors and utility operators are encouraged to avoid marking in these areas by using offset markings.

Removal methods shall be non-destructive and residual shadowing shall not remain.

Removal of markings shall comply with requirements of any applicable Federal, State, and local laws, rules, or regulations.

U.S.A. markings not removed by the required time lines may be removed and the sidewalk or street repaired/replaced by the City at its discretion. The City will charge the Contractor a service fee equal to the actual costs of removal for removing the markings and making any repairs and/or replacements. This fee will include the cost to comply with any applicable Federal, State, and local laws, rules, or regulations.

6-17.05 Damage to Existing Utilities

The Contractor shall notify the affected utility of any contact, scrape, dent, nick, or damage to their facility. Any operator or excavator who negligently violates Government Code Section 4215 is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).

Any operator or excavator who knowingly and willfully violates Government Code Section 4215 is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).

6-17.06 Markings
The following table designates color codes and symbols that shall be used by the Contractor and the utility owners to identify utilities:

FIELD MARKINGS

COLOR CODES AND SYMBOLS
Color Symbol Name Name
Safety Precaution W Water
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FIELD MARKINGS

COLOR CODES AND SYMBOLS
Blue
Safety Alert Orange
FA
Tel
R
TV
WU
Fire Alarm
Telephone/Communication
Railroad
Television/CATV
Western Union
Safety Green S
D
Sewer
Storm Drain
Safety Red
L
E
T
Street Lighting
Electric
Traffic Signals
High Visibility Safety
Yellow
G
Company Name
Gas
Oil or Chemical
Steam
Purple RW Reclaimed Water
Pink/Fuchsia TSM Temporary Survey
White USA Proposed Excavation – Paint outline of
proposed excavation area with white dotted line

6-18 APPROVAL OF CONTRACTOR'S PLANS NO RELEASE FROM LIABILITY

The review or approval by the City of any submittal, working drawing or any method of work proposed by the Contractor shall not relieve the Contractor of any of the Contractor’s responsibility for any errors and shall not be regarded as any assumption of risk or liability by the City or any officer, official, agent, employee, member, volunteer, affiliate, or their duly authorized representatives. The Contractor shall have no claim under the Contract because of the failure or partial failure or inefficiency of any reviewed or approved plan or method. City review or approval means that the City has no objection to the Contractor using the proposed plan or method at the Contractor's responsibility and risk.

6-19 CONTRACTOR SHALL NOT MORTGAGE EQUIPMENT

The Contractor shall not mortgage or otherwise convey the title of the plant, machinery, tools, appliances, supplies, or materials that may at any time be in use, or further required or useful, in the prosecution of the Work, without prior written consent of the City.

6-20 PROPERTY RIGHTS IN MATERIALS

Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been installed, attached or affixed to the Work, and on which partial payments have been made by the City. All such materials shall be the property of the Contractor and the City jointly as their interests may appear, and shall not be removed from the Work by the Contractor without the City’s consent.

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6-21 EXCAVATION AND TRENCH SAFETY

6-21.01 Permit

The Contractor must obtain a permit from the Division of Industrial Relations per Labor Code Section 6500, as specified in California Code of Regulations, Title 8, Article 6, Section 1539 “Permits” of the Construction Safety Orders, for all excavations five feet (5’) or deeper to which an employee is required to descend. The permit shall be kept at the construction site at all times.

6-21.02 Shoring, Bracing. Shielding, and Sheeting

In accordance with Labor Code Section 6705, at least five (5) Working Days in advance of excavation of any trench or trenches five feet (5’) or more in depth, with a total value of twenty- five thousand dollars ($25,000) or more, the Contractor shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a California Licensed Professional Civil or Structural Engineer. A signed copy of the detailed plan shall be on the site at the time of the excavation. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the City or any of its employees. These systems must support the sides of the excavation and prevent soil movement that could cause injury to any person or structure. Any damage resulting from a lack of adequate shoring, bracing, shielding or sheeting shall be repaired at the Contractor's expense.

The Contractor shall immediately replace or repair any unsafe ladder, scaffolding, shoring, or bracing, or correct any other dangerous or hazardous situation that exists.

A Competent Person, as defined in California Code of Regulations, Title 8, Construction Safety Orders, Section 1504, “Definitions,” shall be on site at all times when the Contractor's employees are working within the trench. A "Competent Person" is one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

The price bid for work that will require an excavation of five feet (5’) or deeper (or less if conditions warrant) shall include the cost of adequate sheeting, shoring, and bracing, or equivalent method conforming to applicable safety orders, unless a separate Bid Item for such work is included in the bid form.

6-22 PRESERVATION OF PROPERTY

Trees and shrubbery that are to remain, pole lines, fences, signs, traffic control devices, striping, survey markers and monuments, buildings and structures, conduits, under- or above- ground pipelines, and any other improvements and facilities shall be protected from injury or damage. If ordered by the City, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, said objects shall be replaced or restored at the Contractor’s 504

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expense to a condition as good as when the Contractor entered upon the Work. The Contractor shall receive City approval before the removal of any road sign or permanent traffic control device that interferes with the Work.

6-23 OVERLOADING

The Contractor shall determine safe loading capacities and shall not overload any structure, equipment, pavement, or material beyond its safe capacity, or significantly deteriorate the preconstruction condition, during construction. In addition to assuming full responsibility for bodily injury resulting from any such overloading, the Contractor shall repair to the City’s satisfaction or reimburse the City for the costs of repairing the damage. For pavement assessment prior to construction, contact the City Public Works Department.

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CHAPTER 7 - PROSECUTION OF THE WORK

TABLE OF CONTENTS

Section Page
7-1 BEGINNING OF WORK ............................................................................................... 85 7-2 AMOUNT OF WORK UNDER CONSTRUCTION ......................................................... 85 7-3 PRECONSTRUCTION CONFERENCE AND PROGRESS MEETINGS ....................... 85 7-4 WORK TO BE UNDERTAKEN WITH ADEQUATE SUPERVISION, LABOR FORCE, EQUIPMENT AND METHODS ........................................................................................... 85 7-4.01 Superintendence ......................................................................................... 86 7-4.02 Labor .......................................................................................................... 86 7-4.03 Equipment and Methods ............................................................................... 86 7-5 SCHEDULES................................................................................................................ 86 7-5.01 Baseline (Contract) Schedule ........................................................................ 87 7-5.02 Progress Schedules ..................................................................................... 89 7-5.03 Schedule Revisions ..................................................................................... 90 7-5.04 Short Interval Schedules ............................................................................... 90 7-5.05 Float ........................................................................................................... 91 7-5.06 City’s Right to Revise the Schedule ............................................................... 91 7-5.07 Responsibility for Completion ........................................................................ 91 7-6 UNUSUAL SITE CONDITIONS .................................................................................... 92 7-7 PURSUANCE OF WORK DURING INCLEMENT WEATHER ...................................... 93 7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS ................... 93 7-8.01 Allowable Times and Hours of Work .............................................................. 93 7-8.02 Off-Period Work ........................................................................................... 93 7-8.03 Emergency Repairs ..................................................................................... 93 7-8.04 Revocation of Permission For Off-Period Work ............................................... 94 7-8.05 Working Shifts ............................................................................................. 94 7-9 TEMPORARY FACILITIES AND SERVICES ................................................................ 94 7-10 PROTECTION OF WORK, PERSONS AND PROPERTY .......................................... 94 7-11 PROOF OF COMPLIANCE WITH CONTRACT .......................................................... 94 7-12 DELAYS ..................................................................................................................... 94 7-12.01 Inexcusable Delays .................................................................................... 94 7-12.02 Excusable Delays ...................................................................................... 95 7-13 NOTICE OF DELAYS ................................................................................................. 95 7-14 CARELESS DESTRUCTION OF STAKES AND MARKS NO CAUSE FOR DELAY ... 96 7-15 TIME OF COMPLETION............................................................................................. 96 7-16 EXTENSION OF TIME NOT A WAIVER ..................................................................... 96 7-17 INCLEMENT WEATHER AND CONTRACT TIME ...................................................... 96 7-18 EXTENSION OF TIME ............................................................................................... 96 7-19 SUBSTANTIAL COMPLETION ................................................................................... 97 7-20 CLEANING UP ........................................................................................................... 97 7-21 FINAL INSPECTION AND FIELD ACCEPTANCE ...................................................... 97 7-22 FINAL ACCEPTANCE AND NOTICE OF COMPLETION ........................................... 98 7-23 WARRANTY WORK ................................................................................................... 98 506

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CHAPTER 7 PROSECUTION OF THE WORK

7-1 BEGINNING OF WORK

No work may take place prior to receipt of the executed Contract and review of the prescribed bonds and insurance. Upon receipt of the executed Contract and approval of the bonds and insurance by the City, a Notice to Proceed will be issued which will constitute authorization to begin work. The counting of Contract Time shall begin upon issuance of the Notice to Proceed or other date as specified in that notice.

7-2 AMOUNT OF WORK UNDER CONSTRUCTION

The Contractor shall not have more work under construction than can be undertaken properly with regard to the rights of the public and the safety and integrity of the Project.

7-3 PRECONSTRUCTION CONFERENCE AND PROGRESS MEETINGS

Prior to beginning work, but within ten (10) working days of issuance of the Notice to Proceed, a preconstruction conference shall be held for the purpose of reviewing the Work. The Contractor must attend this preconstruction conference, and shall invite Subcontractors and others necessary to ensure all topics are adequately covered. Topics discussed include, but are not limited to, mobilization, access, temporary facilities, utilities, subcontractors, schedules, procedures, correspondence, progress payments, payroll records, Storm Water Pollution Prevention Plans (SWPPP), coordination, safety, after-hour contacts for Contractor and City personnel, quality control/quality assurance, personnel assignments, and other topics as appropriate.

Progress meetings, as stipulated in the Special Provisions or as required by the City, will be conducted throughout the duration of the Contract. The purpose of these meetings is to inform, discuss, and resolve issues related to the Work; the Contractor or the Contractor’s agent shall attend. Topics discussed include, but are not limited to, progress, schedules, safety, SWPPP, RFI’s, Change Orders, Field Directives, field coordination, submittals, quality control/quality assurance, testing, startup, safety, and other topics related to the Work.

The City may prepare minutes of all meetings. If minutes are prepared, the City will endeavor to send them to Contractor within two (2) Working Days. Contractor will endeavor to respond within two (2) Working Days with any corrections to the minutes, and any portion of the minutes not corrected by Contractor will be deemed as accurate. The City or Contractor may audiotape or videotape these meetings to create a record of the meeting, and a copy of any tape recordings shall be provided as part of the minutes.

7-4 WORK TO BE UNDERTAKEN WITH ADEQUATE SUPERVISION, LABOR FORCE,

EQUIPMENT AND METHODS

The Contractor shall undertake the Work under the Contract with all materials, tools, machinery, apparatus, and labor necessary to complete the Work as described, shown, or reasonably implied under the Contract, or as directed by the City, on or before the scheduled Contract Completion Date.

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If Contractor is not diligently proceeding with the prosecution of the Work as set forth in the construction schedule (see Section 7-5, “Schedules”, of these General Provisions), Contractor shall, immediately and at no additional cost to City, take all measures necessary to ensure completion within the Contract Time, including but not limited to increasing the number of employees, working overtime, working additional shifts or crews, and working Saturdays, Sundays, or holidays, subject to other requirements in these provisions.

7-4.01 Superintendence

The Contractor shall keep on the Work, throughout its progress, a competent superintendent who shall have complete authority to represent and act for the Contractor. Such superintendent shall be capable of reading and understanding the Contract, and shall receive and follow any instruction given by the City.

Whenever the Contractor or the Contractor’s superintendent is not present on a particular part of the Work where it may be desired to give direction, orders will be given by the City and shall be received and obeyed by the foreman or other representative who may have charge of the particular work in reference to which the orders are given, or the City may stop the work until the Contractor or the Contractor's superintendent arrives.

7-4.02 Labor

Workers, laborers, or mechanics skilled in each class of work shall accomplish every part of the Work. The Contractor is responsible for the efficiency, safety and adequacy of its labor force and those of all Subcontractors.

7-4.03 Equipment and Methods

Only equipment and methods suitable to produce the quality required by the Contract will be permitted to operate on the Work. Except as specified in Section 5-7, “Contractor’s Equipment”, of these General Provisions, or in the Special Provisions or Technical Specifications, equipment shall be that used in general practice for the work undertaken. If any part of the Contractor's plant, equipment, or methods of executing the Work is unsafe, inefficient, or inadequate to ensure the required quality or rate of progress of the Work, the City may order the Contractor to modify the Contractor’s facilities or methods. The Contractor shall promptly comply with such orders at the Contractor’s expense. However, neither compliance with such orders nor failure of the City to issue such orders shall relieve the Contractor from the obligation to secure the degree of safety, the quality of the Work, and the rate of progress required by the Contract. The Contractor is responsible for the safety, adequacy, and efficiency of its plant, equipment, and methods.

7-5 SCHEDULES

The Contractor shall submit a baseline schedule and updated schedules in accordance with this Section 7-5 and Section 5-8, “Contractor’s Submittals”, of these General Provisions, which shall illustrate the Contractor’s planned schedule for carrying out the Work and completing the Work within the Contract Time. The Contractor’s updated schedules shall show the as-built schedule for work completed.

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All schedules must show completion by any milestone dates required in the Contract Documents and the Contract Completion Date. Contractor expressly waives any early completion delay claim. Contractor has the right to try to complete the Work ahead of any milestone date and/or the Contract Completion Date, but if Contractor is somehow delayed from doing so, Contractor may not base a claim for additional compensation on such delay.

Contractor acknowledges that a purpose of submitting reasonable, accurate and adequate schedules is to protect the City and Contractor against unjustified delay and disruption claims or unjustified rejections of such claims. Contractor agrees to devote all resources necessary to provide scheduling services, as with any other item of Work on the project. Contractor agrees that its failure to submit reasonable, accurate and adequate schedules will bar claims by Contractor for additional compensation and/or time extensions based on the information contained in such a schedule, including but not limited to delay, disruption or inefficiency claims.

The City will review all schedules for conformance with the Contract. City review and/or approval of a schedule does not relieve the Contractor of responsibility for the feasibility of the schedule or for accomplishing milestones and completion within Contract Time, nor does City review and/or approval warrant or acknowledge the reasonableness of the schedule’s logic, durations, labor estimates, or equipment productivity. City review and/or approval of a schedule does not indicate approval by the City of the schedule, nor does it relieve Contractor of responsibility for any characteristics of the schedule that breach the Contract or that are unreasonable, inaccurate, inadequate, or deficient.

If no separate item is provided in the Bid Form for scheduling, the cost for preparing the baseline schedule and preparing updates and revisions of the baseline schedule shall be included in payments for mobilization. If no bid item for mobilization is included in the Bid Form, conformance with this provision is incidental to and included in the various bid items and no additional payment will be made. Updates and revisions of the schedules are included in the prices paid for other items of work.

Because the City places a high value on the importance and use of project scheduling information as a management tool in achieving the completion of the Work as planned, the City will deduct 10 percent (10%) of the monthly progress payment, but not more than twenty- five thousand dollars ($25,000), for failure by the Contractor to timely obtain the approved Contract Schedule or to any monthly updated Progress Schedule, as required by the Specifications, with each monthly progress payment request. These deductions are cumulative, and will be made for each and every month that the Contractor fails to provide the required information. The monthly updated schedule and narrative shall be accurate, reflect actual events on the Project, and meet all requirements of the Specifications. If the Contractor does not correct the deficiency by providing an acceptable schedule within ten (10) Calendar Days of the City’s receipt of the monthly progress payment request, the deduction may become permanent via a deductive Change Order. The City may withhold payments from the Contractor until a satisfactory baseline schedule, update, or revision has been submitted and reviewed.

7-5.01 Baseline (Contract) Schedule

Within 21 Calendar Days after receiving the Notice to Proceed, the Contractor shall submit a detailed proposed baseline schedule presenting an orderly and realistic plan for completion of 509

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the Work, in conformance with the requirements of the Specifications. The proposed baseline schedule shall be in electronic format (e.g., CD, DVD, or flash drive but not .pdf).

The proposed baseline schedule shall comply with the following requirements, unless modified by the City:

1. A time scaled CPM type schedule showing the mathematical analysis of the CPM network diagram and prepared in the version of software subject to City acceptance.

2. No activity on the schedule shall have a duration longer than fourteen (14) Working Days, with the exception of fabrication and procurement activities, unless otherwise approved by the City. Activity durations shall be the total number of actual days required to perform that activity including consideration of weather impact on completion of that activity.

3. Procurement of major equipment, through receipt and inspection at the job site, identified as a separate activity.

4. Owner furnished materials and equipment if any, identified as separate activities.

5. Dependencies (or relationships) between activities.

6. Processing/approval of submittals and shop drawings for major equipment.

Activities that are dependent on submittal acceptance and/or material delivery shall not be scheduled to start earlier than the expected acceptance or delivery dates.

7. Separate buildings and other independent project elements shall be individually identified in the network.

8. Fourteen (14) Working Days for developing punch list(s), completion of punch list items, and final clean-up for the work or any designated portion thereof. No other activities shall be scheduled during this period.

9. Interface with the work of other contractors (or entities).

Each activity shown on the proposed baseline schedule shall have the following minimum information:

• Unique number(s) for each activity

• Activity description

• Activity relationships and dependencies (logic)

• Activity duration in Working Days

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• Early start, early finish, late start, late finish dates (calendar date, i.e., day, month, year)

• Total float, free float

• Interim milestone dates and completion dates

• Detailed list of work contained within each activity

• Manpower loading for each item of work for unit price contracts

• Cost loading for each item of work for lump sum contracts

The City will review the proposed baseline schedule for conformance with the requirements of the Contract and, within seven (7) Calendar Days after receipt, will approve the proposed baseline schedule or will return it with comments. If the proposed baseline schedule is not approved, the Contractor shall revise the schedule to incorporate comments and resubmit the schedule for approval within seven (7) Calendar Days after receiving it. The approved schedule shall become the Contract Schedule.

The Contract Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests. The responsibility for developing the Contract Schedule and monitoring actual progress as compared to the schedule rests with the Contractor.

Failure of the Contract Schedule to include any element of the work or any inaccuracy in the Contract Schedule will not relieve the Contractor from responsibility for accomplishing all the Work in accordance with the Contract.

Approval of the Contract Schedule will not relieve the Contractor of the responsibility for accomplishing the Work in accordance with the Contract and the Contract Time.

7-5.02 Progress Schedules

The Contractor shall submit to the City each month with its payment application an electronic and hard copy up to-date Progress Schedule with a narrative describing the general status of the Work and addressing any problem areas or delays, with impacts on critical path items of work highlighted. A corrective course of action shall also be included when problem areas or delays are encountered. The Progress Schedule shall be in the same software format and version as that used to create the Contract Schedule and shall include:

1. The Contractor's estimated percentage complete and remaining duration for each activity not yet complete.

2. Actual start/finish dates for activities as appropriate.

3. Identification of processing errors, if any on the previous update reports.

4. Revisions, if any, to the assumed activity durations including revisions for weather impact for any activities due to the effect of the previous update on the schedule.
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5. Identification of activities that are affected by requested or proposed changes to the Work.

6. Resolution of conflict between actual work progress and schedule logic. When out of sequence activities develop in the Contract Schedule because of actual construction progress, the Contractor shall submit revisions to schedule logic to conform to current status and direction.

The City will review the updated schedule information and meet with the Contractor each month, unless the City requests more frequent meetings, to determine the status of the Work.

If agreement cannot be reached on any issue, the Contractor will use the City’s determination in the processing of the update.

Progress payments pursuant to the Contract will be based on the Progress Schedules.

7-5.03 Schedule Revisions

If the sequence of construction differs significantly, as determined by the City, from the Contract Schedule, the Contractor shall submit within fifteen (15) Calendar Days a revised schedule to the City for approval.

When a requested or proposed change to the Work will have an impact on the critical path, the Contractor shall submit a schedule fragnet showing this impact. If the requested or proposed change is accepted by the City, the schedule fragnet shall be incorporated into the Contract Schedule. Time extensions will be considered only to the extent there is insufficient remaining float to accommodate these changes, and pursuant to Sections 7-12, “Delays” and 7-18, “Extension of Time”, of these General Provisions. No additional cost beyond that provided in Chapter 9, “Changes and Claims”, of these General Provisions will be allowed for the incorporation of approved changes into the Contract Schedule.

Should the Contractor, after approval of the Contract Schedule, intend to change its plan of construction, it shall submit its requested revisions to the City, along with a written statement of the revision, including a description of the logic for rescheduling the work, methods of maintaining adherence to Intermediate milestones and other specific dates and the reasons for the revisions. If the requested changes are acceptable to the City, they will be incorporated into the Contract Schedule in the next reporting period.

Schedule revisions shall be submitted at least seven (7) Calendar Days prior to the date of submission of updated information. The City will have seven (7) Calendar Days to review the revisions.

7-5.04 Short Interval Schedules

The Contractor shall, if required by the City, prepare a Short Interval Schedule (SIS) to be used throughout the duration of Work. The SIS shall include all current activities and projected activities for the succeeding two (2) weeks. The SIS shall include actual start/finish dates for the preceding one (1) week. The SIS shall be submitted to the City prior to the each progress construction meeting. The Contractor shall participate in short interval scheduling coordination during the progress construction meetings.
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7-5.05 Float

All float in any activity, milestone completion date, and/or Contract Completion Date is owned by the Project and, as such, is a resource available to both the City and the Contractor.

Neither the City nor the Contractor owns the float time.

Unless otherwise provided herein, float is synonymous with total float and total float is the period of time measured by the number of Working or Calendar Days (as specified in the Contract) any non-critical path activity may be delayed before it and its succeeding activities become part of the critical path. If a non-critical path activity is delayed beyond its float period, then that activity becomes part of the critical path and controls the completion date of the Work. Thus, delay of a non-critical path activity beyond its float period will cause delay to the Project itself.

Acceptance of any schedule based on less time than the maximum time allowed for accomplishment of milestones or Project completion within Contract Time, does not serve to contractually change any Contract duration, nor does it serve as a waiver of either the Contractor’s or the City’s right to utilize the full amount of time specified in the Contract. As such, liability for delay of Project completion dates rests with the party actually causing delay to Project completion dates.

7-5.06 City’s Right to Revise the Schedule

In the event of a delay to critical path work which is not the fault of the Contractor, the City may elect to re-sequence work or otherwise modify the Contract Schedule in an attempt to minimize the effect of the delay. It shall be the responsibility of the Contractor to cooperate in this effort. It is not the City’s responsibility to ensure the Contractor the ability to use “optimal” crew size throughout the Project and no adjustment of the Total Contract Price will be made for minor variations in crew size or claimed loss of efficiency or disruption that result from schedule adjustments. However, overtime work or weekend work required by the City to meet schedule objectives other than those of the Contractor will be reimbursed per the provisions of Chapter 9, “Changes and Claims” of these General Provisions, provided that the Contractor has not contributed to the delay which the City is seeking to overcome. If the Contractor contends that a schedule adjustment will cause a significant disruption of its work sequence or ability to perform work efficiently, it shall notify the City within forty eight (48) hours of receipt of the adjustment. Failure to provide timely notice constitutes a waiver by the Contractor of any claim for compensation arising out of the schedule adjustment.

7-5.07 Responsibility for Completion

The Contractor shall furnish sufficient manpower, materials, facilities and equipment and shall work sufficient hours, including night shifts, overtime operations, Saturdays, Sundays and holidays (in accordance with Section 7-08) as may be necessary to insure the progression and completion of the Work in accordance with the Contract Time. If work on the critical path is behind the currently updated Progress Schedule and it becomes apparent that the Work will not be completed within the Contract Time, the Contractor will implement whatever steps it deems necessary to make up all lost time at no additional cost to the City. If the Contractor’s solution is not successful, it will make further attempts using the following sequence of events:

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1. Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.

2. If the above cannot be achieved then;

a. The Contractor shall increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the City, the backlog of work; or increase the number of working hours, shifts per working day, working days per week or the amount of equipment or any combination of the foregoing sufficiently to substantially eliminate in the judgment of the City the backlog of work.

b. In addition, the City may require the Contractor to submit a recovery schedule demonstrating its program and proposed plan to make up a lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the City finds the proposed recovery schedule unacceptable, it may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are unsatisfactory, the City may require the Contractor to take any of the actions set forth in the previous paragraph without additional cost to the City to make up the lag in scheduled progress.

Failure of the Contractor to comply with the requirements of this Section 7-5.07 shall be considered grounds for a determination by the City that the Contractor is failing to undertake the Work with such diligence as will ensure its completion within the time specified and will subject the Contractor to all rights and remedies of the City under the Contract Documents.

7-6 UNUSUAL SITE CONDITIONS

The Contractor shall promptly upon discovery, and before the following conditions are disturbed, notify the City, in writing, of any:

1. Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated in the Contract.

3. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Contractor shall follow up the prompt notification with written documentation of the unusual site condition within five (5) Working Days. The City will have the site remediated or issue a Change Order per Chapter 9, “Changes and Claims”, of these General Provisions if it finds that the conditions do materially differ or involve hazardous waste.

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7-7 PURSUANCE OF WORK DURING INCLEMENT WEATHER

During inclement or unsuitable weather or other unfavorable conditions, the Contractor shall pursue only such portions of the Work that will not be damaged by the weather or unfavorable conditions. When the weather or unfavorable conditions creates hazardous travel or working conditions, as determined by the City, the Contractor may be directed to stop that portion of the Work, in accordance with Section 5-22, “Temporary Suspension or Delay of Work”, of these General Provisions, until the weather clears or the conditions are no longer unfavorable.

The Contractor must keep roads safe and inspect and maintain storm water pollution prevention and erosion control devices during inclement weather or unfavorable conditions.

Lane and road closures may not be allowed if the City determines that the traffic controls will create unnecessary risk to the traveling public, the Contractor, and/or City employees.

7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS

7-8.01 Allowable Times and Hours of Work

Unless otherwise noted in the Special Provisions or approved by the City, no work shall be done between the hours of 7 p.m. and 7 a.m., or on Saturdays, Sundays, or Legal Holidays.

Unless otherwise noted in the Special Provisions or approved by the City, no lane of traffic shall be closed to the public during the peak hours of 7:00 a.m. to 8:00 a.m. and 3:30 p.m. to 6:00 p.m., except as necessary for the proper care and protection of work already performed or in case of an emergency repair as defined below. These exceptions are allowed only with the City’s written permission.

7-8.02 Off-Period Work

A written request to work between 7 p.m. and 7 a.m. or on Saturdays, Sundays, or Legal Holidays, or to close a lane of traffic during peak hours must be submitted at least two (2) Working Days in advance of the intended work. The City will evaluate the Contractor’s request to determine if there is a benefit to the City, a nuisance or a hazard to the public, the Project, or the area surrounding the site, and if the Contractor should pay any City overtime costs related to the off-period work. The City may place conditions on any approval of off-period work based on this analysis.

7-8.03 Emergency Repairs

An emergency repair is a repair to the Work (including traffic controls, barricades, or temporary signs) required as a result of an unforeseen event that poses a danger to the public or jeopardizes the integrity of the Work, whether completed or not. The Contractor may be allowed to close a lane of traffic or work at night, on Saturdays, Sundays, or Legal Holidays for an emergency repair. The Contractor must notify the City within one (1) hour of dispatch of the Contractor’s repair crews, and give their names, an emergency contact number, the location of the emergency repair, and a tentative completion date and time. The Contractor shall notify the City when the emergency repair is completed and the road is clear. If an extension of time is required, the Contractor must provide a revised tentative Contract Completion Date. If an adjustment to the Total Contract Price is required, the Contractor shall notify the City of all proposed adjustments necessitated by the emergency and emergency repair.

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7-8.04 Revocation of Permission For Off-Period Work

The City may revoke permission for off-period work if the Contractor endangers the public, an employee, or themselves by violating a safety and health regulation, or fails to maintain an adequate work force and equipment for reasonable prosecution and inspection of such work.

7-8.05 Working Shifts

Two- or three-shift operations may be established as a regular procedure by the Contractor upon written permission from the City. Such permission may be revoked if the Contractor fails to comply with applicable safety and health regulations, fails to provide for adequate inspection of the Work, or fails to provide sufficient means and equipment, including artificial light, to permit the Work to be carried out safely and appropriately and to permit proper inspection.

7-9 TEMPORARY FACILITIES AND SERVICES

Unless specified otherwise in the Special Provisions, the Contractor shall be responsible for providing and maintaining necessary material storage facilities, utilities, field offices, temporary roads, fences, security, etc. for prosecuting the Work. The Contractor shall obtain a City of Rocklin hydrant permit at contractor expense prior to connecting to or drawing construction water from fire hydrants.

7-10 PROTECTION OF WORK, PERSONS AND PROPERTY

The Contractor shall protect the Work, equipment and materials from damage until completion and acceptance of the Work. Neither the City nor any of its agents assume any responsibility for collecting funds from any person or persons that damages the Contractor’s work.

The Contractor shall store materials and equipment in accordance with manufacturer’s recommendations and erect such temporary structures as required to protect them from damage. The Contractor shall furnish guards, fences, warning signs, walks, and lights, and shall take all other necessary precautions to prevent damage or injury to persons or property.

7-11 PROOF OF COMPLIANCE WITH CONTRACT

When requested by the City, the Contractor shall submit properly authenticated proof of the Contractor’s compliance with the Contract.

7-12 DELAYS

The Contractor shall provide notification to the City for any delays, in accordance with Section 7-13, “Notice of Delays”, of these General Provisions.

7-12.01 Inexcusable Delays

The Contractor shall not receive any time extensions or additional monetary compensation for inexcusable delays. Inexcusable delays include, but are not limited to, the following:

1. Delays that affect only a portion of the Work but do not prevent or delay the prosecution of controlling items of work nor the completion of the whole Work 516

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within the Contract Time.

2. Delays associated with the reasonable interference of other contractors employed by the City that do not necessarily prevent or delay the prosecution of controlling items of work or the completion of the whole Work within the Contract Time.

3. Delays associated with loss of time resulting from the necessity of submitting plans for City approval or from City surveys, measurements, inspections, and testing.

4. Delays that could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or Subcontractors.

7-12.02 Excusable Delays

The Contractor may be granted an extension of Contract Time for excusable delays, which are those that are determined to be beyond the control of the Contractor, impact a controlling item of work, could not be prevented by the exercise of care, prudence, foresight, and diligence, and only to the extent there is insufficient remaining float to accommodate the delay. These excusable delays may include City acts, unusually severe weather or conditions resulting therefrom, Acts of God or of the public enemy, fire, epidemics, and labor strikes. Material shortages and delays in utility company relocations may be classified as excusable if the Contractor produces satisfactory evidence of acting in a timely manner.

The Contractor shall not receive any additional monetary compensation due to excusable delays unless the City determines that the excusable delay resulted from a City act or the discovery of cultural resources (as specified in Section 10-12, “Archeological and Cultural Resources”, of these General Provisions). The Contractor shall also not receive any additional monetary compensation due to excusable delays under the following circumstances:

1. The Contractor could have reasonably anticipated the delay and avoided the cost impacts of it.

2. When there are two (2) or more concurrent delays and at least one does not qualify for monetary compensation under Section 7-12.

3. The excusable delay does not affect controlling critical path tasks that would delay overall completion of the Work.

7-13 NOTICE OF DELAYS

The Contractor shall immediately notify the City in writing delivered by personal delivery, U.S.

Mail First Class, or email, if the Contractor foresees any delay in the prosecution of the Work or if the Contractor learns of the occurrence of any excusable delay; but in no case shall the written notice be provided to the City later than five (5) Working Days after the occurrence of the event that is the cause of the excusable delay. The Contractor shall describe in this notice, the nature and cause of the delay and shall state the probability of the delay occurring (if foreseen ahead of time) so the City may take steps to prevent the occurrence or continuance of the delay and may determine whether the delay is inexcusable or excusable, its duration, 517

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and its extent. Notification of delays in any other format than described herein, including, without limitation, in progress meetings and regardless of whether noted in the progress meeting minutes, is insufficient to constitute the required and proper notice.

In the event of a continuing delay, the Contractor is required to give only one notice.

The City will assume that all delays were inexcusable unless the City was notified as indicated above and through its investigation found them excusable. Contractor waives any and all claims for time extensions and/or monetary compensation based on delay if notice is not provided as described above. The Contractor acknowledges that City has a strong interest in mitigation of delay impacts and in confirmation of the existence of delay; therefore, the Contractor agrees to submit these notices of delay and to waive claims if notice is not submitted as required.

7-14 CARELESS DESTRUCTION OF STAKES AND MARKS NO CAUSE FOR DELAY

If the Contractor or Subcontractors destroy stakes and marks causing a delay in the Work, the Contractor shall have no claim for damages or time extensions. See also Section 5-9, “Surveys”, of these General Provisions.

7-15 TIME OF COMPLETION

Time is of the essence on all City contracts. The Contractor shall complete all of the Work called for under the Contract within the Contract Time.

7-16 EXTENSION OF TIME NOT A WAIVER

Time extensions granted for excusable delays or for the execution of extra or additional work shall not operate as a waiver of any of the City’s rights under the Contract.

7-17 INCLEMENT WEATHER AND CONTRACT TIME

The Contractor will be allowed a time extension if, in the opinion of the City, inclement or unsuitable weather or its effects prevents working on the current critical path task at the beginning of the shift for at least five (5) consecutive hours, or for at least (5) hours during the shift. (A current critical path task or controlling operation is any feature of the Work (e.g., an operation or activity including settlement, curing periods, and submittal activities) that if delayed or prolonged will delay the time of completion of the Contract.)

7-18 EXTENSION OF TIME

Subject to the provisions of Section 7-12.02, compliance with the required contractual notice provisions in Section 7-13, and subject to submission of a schedule fragnet in accordance with Section 7-5.03 of these General Provisions showing the impact on the critical path of the event giving rise to an excusable delay, the Contractor will be allowed a time extension to complete the Work equal to the sum of all excusable delays as determined in accordance with Section 7-12 to Section 7-17 of these General Provisions, plus any adjustments in Contract Time due to Change Orders as outlined in Section 9-12, “Time Extensions for Changes”, of these General Provisions. During such time extension, the Contractor will not be charged for extra engineering and inspection or liquidated damages.
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7-19 SUBSTANTIAL COMPLETION

When the Contractor considers the entire Work, or a specific portion of the Work, substantially complete, the Contractor shall certify in writing to the City that the Work is substantially complete and request that the City grant substantial completion. Within five (5) Working Days, the City and the Contractor shall inspect the Work to determine the status of completion. If the City does not consider the Work ready for its intended use, the City will notify the Contractor in writing, giving the City’s reasons. If the City considers the Work ready for its intended use, the City will grant substantial completion, and then the City will provide a list of items to be completed or corrected (often referred to as a “deficiency list” or “punch list”) before Final Acceptance and Final Payment. Immediately upon being provided a deficiency list, the Contractor shall proceed to correct or complete the items on the list.

Substantial completion does not bar liquidated damages from being assessed and accruing.

Liquidated and other damages may continue to accrue until Completion.

7-20 CLEANING UP

Throughout the construction period, the Contractor shall keep the site of the Work in a presentable condition, dispose of any surplus materials, keep roadways reasonably clear of dirt and debris, keep all sidewalk and other pedestrian areas clear of dirt, loose gravel, debris and any tripping hazards, clean out all drainage ditches and structures, and repair any fences or other property damaged during the progress of the Work, to the satisfaction of the City.

The Contractor shall also keep the work site cleaned of all rubbish, excess material, and equipment. All portions of the work shall be left in a neat and orderly condition prior to requesting final inspection. Surplus material shall be disposed of in accordance with Section 18-7, “Surplus Material Disposal”, of the Placer County Specifications. The final inspection will not be made until final clean-up has been accomplished.

Construction and demolition debris may be properly disposed of by the contractor using self- haul equipment to deliver the debris to an approved disposal site. Any paid waste/recycling collection or disposal services shall exclusively utilize the City’s designated refuse collection service provider.

7-21 FINAL INSPECTION AND FIELD ACCEPTANCE

The Contractor shall notify the City in writing when it believes that it has corrected all items on the deficiency (punch) list and has achieved Completion, and the City shall promptly inspect the Work. The Contractor or the Contractor's representative shall be present at the final inspection. The Contractor will be notified in writing of any further defects or deficiencies and the Contractor shall proceed within ten (10) Calendar Days to correct such defects or deficiencies. When again notified that the Contractor has achieved Completion, the City will again inspect the Work to ascertain that the corrections are in accordance with the Contract and Completion has occurred. The City may delay additional inspections if the City has reason to believe that the Contractor is not making a good faith effort to correct deficiencies. The Engineer will recommend acceptance of the Work to the Council or designee if it finds all the corrections acceptable and Completion has occurred; otherwise, the Engineer shall continue to withhold field acceptance of the work until all deficiencies on the deficiency (punch) list are corrected and Completion achieved.
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7-22 FINAL ACCEPTANCE AND NOTICE OF COMPLETION

Upon Completion of the Work, including but not limited to acceptance of M&O manuals, Record Drawings, and test reports, the Engineer will recommend to the Council that it accept the Contract as complete. Upon acceptance by the Council, a Notice of Completion will be recorded with the County Recorder within fifteen (15) Calendar Days. Acceptance by the City Council shall cause the commencement of warranty periods. Acceptance shall not relieve the Contractor from the responsibility of completing or correcting any work, nor from the responsibility to correct any patent or latent defects in the Work.

7-23 WARRANTY WORK

Should any defects or deficiency in material, equipment or workmanship, such as faulty materials, poor workmanship, defective equipment, or any other reason that can be attributed to Contractor’s performance, become apparent during any warranty period, the City shall notify Contractor in writing of the defect before expiration of the warranty period. If so notified, Contractor has a duty to immediately correct, or immediately and satisfactorily commit to correct, the defect or deficiency to meet the Contract requirements at Contractor’s sole expense. This duty to correct does not expire for any reason, including but not limited to expiration of the warranty period. A new warranty period, equivalent to the original warranty period, will apply to all corrected deficiencies.

The City is hereby authorized to make such needed repairs if the Contractor fails to undertake, with due diligence, the needed repairs within ten (10) Calendar Days after the Contractor is given written notice of such failure and without notice to the surety; and the Contractor shall pay the entire costs for the City’s work. However, in case of an emergency where, in the opinion of the City, delay would cause serious loss or damages or a serious hazard to the public, the City may immediately make repairs or take other action without prior notice to the Contractor or surety; and the Contractor shall pay the entire costs for the City’s work.

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CHAPTER 8 - MEASUREMENT AND PAYMENT

TABLE OF CONTENTS

Section Page
8-1 BASIS AND MEASUREMENT OF PAYMENT QUANTITIES ...................................... 100 8-1.01 Unit Price Contracts .......................................................................................... 100 8-1.02 Lump Sum or Job Contracts ....................................................................... 100 8-1.03 Payment for Mobilization ............................................................................ 100 8-1.03.A Mobilization Not a Pay Item ..................................................................... 100 8-1.03.B Mobilization a Pay Item ........................................................................... 100 8-2 SCOPE OF PAYMENT ............................................................................................... 101 8-2.01 General ..................................................................................................... 101 8-2.02 Unit Price Contract ..................................................................................... 101 8-2.03 Lump Sum or Job Contract ......................................................................... 101 8-2.04 Final Pay Items .......................................................................................... 101 8-2.05 Allowances ................................................................................................ 101 8-2.06 Payment for Material Not Incorporated in the Work ....................................... 102 8-3 WORK TO BE DONE WITHOUT DIRECT PAYMENT ................................................ 102 8-4 PAYMENT FOR USE OF COMPLETED PORTIONS OF WORK ............................... 102 8-5 PROGRESS PAYMENT PROCEDURES ................................................................... 102 8-6 INSPECTION AND PROGRESS PAYMENTS NOT A WAIVER OF CONTRACT PROVISIONS ................................................................................................................... 103 8-7 RETENTION ............................................................................................................... 103 8-7.01 Retention to Ensure Performance ................................................................ 103 8-7.02 Non-Compliance ........................................................................................ 104 8-7.03 Substitution of Securities ............................................................................ 104 8-9 DEDUCTIONS FOR IMPERFECT WORK .................................................................. 105 8-10 LIQUIDATED DAMAGES FOR DELAY .................................................................... 105 8-11 FINAL ESTIMATE AND PAYMENT .......................................................................... 106 8-12 FINAL PAYMENT TO TERMINATE LIABILITY OF CITY .......................................... 107 8-13 DISPUTED PAYMENTS ........................................................................................... 108

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CHAPTER 8 MEASUREMENT AND PAYMENT

8-1 BASIS AND MEASUREMENT OF PAYMENT QUANTITIES

It is the Contractor’s responsibility to measure and/or compute the quantities of work completed, subject to verification by the City, under the terms of the Contract. In computing quantities, the length, area, solid contents, number, weight, or time as specified in the Contract or the Schedule of Values shall be used.

8-1.01 Unit Price Contracts

Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The Estimated Quantities provided in the Bid Documents are for comparative bidding only. The City does not express or imply that the actual amount of work or materials will correspond to the Estimated Quantities. The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the Estimated Quantities. See also Section 9-14, “Contract Change Order”, of these General Provisions.

Rocklin City CouncilFebruary 27, 2024

Rocklin City Council
February 27, 2024