Agenda packet — Rocklin City Council, August 13, 2024 (part 1 of 4)

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
August 13, 2024
General Session 6:00 p.m.

AMENDED AGENDA
*CLOSED SESSION

GREG JANDA,

Mayor

JILL GAYALDO,

Vice Mayor

DAVID BASS,

Council Member

KEN BROADWAY,

Council Member

BILL HALLDIN,

Council Member

ALY ZIMMERMANN,

City Manager

MATTHEW MCOMBER,

City Attorney

DANIEL CHOE,

City Treasurer

AVINTA SINGH,

City Clerk

HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.

Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required five minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.

WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.

LEVINE ACT PROVISIONS

The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to a City elected or appointed officer (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $250 within the 12 months before the City decision.

AUDIO/VISUAL PRESENTATIONS
City Council Regular Meeting Agenda of August 13, 2024
1 C1.

Revision of the City Council Procedural Rules
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.

POSTING OF AGENDA

In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.

AGENDA

MEETING

INSTRUCTIONS
The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.

For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form until 3:00 p.m. on the meeting day. Public comments should be submitted to the City Clerk at [email protected]
. Emailed public comments will be distributed to City Council and treated as a public record.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL
This is an opportunity for public comment on matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.

REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.

CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Adopting Revised City Council Procedural Rules and Superseding Resolution No. 2022-248.

City Council Regular Meeting Agenda of August 13, 2024
2 C2.

Amendment No. 1 to the Contract for Services with Keyser Marston Associates, Inc.

C3.

Declaration of City Owned Surplus Property at 5240 Front Street (APN 010-144- 003-000)
C4.

Various Personnel Updates
C5.

Community Development Department Quarterly Building Report C6.

City Engineer - Interim Authorization
C7.

West Oaks Townhomes Public Improvements Notice of Completion C8.

Resolution of Intent to Annex - West Rocklin Annexation

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Contract for Services with Keyser Marston Associates, Inc.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Declaring City Property Located at 5240 Front Street, Rocklin, Assessor’s Parcel Number 010-144-003, as Surplus.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Position Reallocation, Retitle, and Related Salary Range Changes, and Updated Salary Schedule.

Recommendation:

Receive the Quarterly Building Report for the Quarter which ended June 30, 2024.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing Larry M. Wing, Senior Engineer, to Sign Improvement Plans and Notices of Completion on behalf of the City Engineer.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as West Oaks Townhomes Public Improvements (SD2017-0013), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin of Intent to Annex and a Request for the Local Agency Formation Commission (LAFCO) of Placer County to Initiate Proceedings to Annex Two Islands of County Property Consisting of Two Parcels Adjacent to the East Side of State Route 65 (ANEX2022-0002 / West Rocklin Annexation).

City Council Regular Meeting Agenda of August 13, 2024
3 C9.

Blue Oaks Boulevard Pedestrian Signal Project – PG&E Contract C10.

Whitney Ranch Parkway Widening Project
C11.

Sierra College Boulevard Widening Project – Property Acquisition C12.

California Highway Patrol Grant
C13.

County of Placer Department of Health and Human Services Animal Control and Care Services Contract
C14.

Woodside Drainage Repair Bid Award

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving an Agreement to Perform Tariff Schedule Related Work with Pacific Gas and Electric Company (PG&E) for the Blue Oaks Boulevard Pedestrian Signal Project and Authorizing and Directing the City Manager to Execute the Agreement.

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving the Plans and Specifications for the Whitney Ranch Parkway Widening Project and Authorizing City Staff to Call for Bids.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Mitigation Monitoring and Reporting Program for the Whitney Ranch Parkway Widening Project.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving an Agreement and Related Budget Amendments for the Acquisition of Real Property, Escrow Instructions, and Certificate of Acceptance in Connection with the Sierra College Boulevard Widening Project and Authorizing the City Manager to Execute the Agreement, Escrow Instructions, Certificate of Acceptance, and Other Required Real Estate Documents.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Ratifying the Grant Application Submitted to the Department of California Highway Patrol and Authorizing the City Manager to Execute the Grant Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving a Contract for Services with County of Placer, Department of Health and Human Services-Animal Services Division and Authorizing the City Manager to Execute the Contract and Subsequent Amendments.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding a Construction Agreement for the Woodside Drainage Repair Project to Central Valley Engineering & Asphalt, Inc., and Authorizing the City Manager to Execute the Agreement.

City Council Regular Meeting Agenda of August 13, 2024
4 C15.

Raw Water Mainline Emergency Repair
C16.

Purchase of One Chevrolet 2500 Double Cab Truck from Winner Chevrolet P1.

Eagle Scout Library Beautification Project
P2.
2024 National Night Out Recap
PH1.

Annexation Into Community Facilities District No. 1 (Vista Oaks, APNs 046-010- 007-000 and 046-020-003-000)

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Declaring the Existence of an Emergency and Accepting the Repair of the Raw Water Mainline on Whitney Oaks Boulevard and Park Drive, Under the City Manager's Authorization in Accordance with Section 22050 of the Public Contract Code.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the Purchase of One Chevrolet 2500 Double Cab Truck from Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicle from Winner Chevrolet.

SPECIAL PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

PUBLIC HEARINGS
Public Hearings may be reordered by the Mayor with the consent of the legislative body.

Recommendation:

Conduct a Public Hearing and Consider the Following Actions:

A
.

Adopt a Resolution of the City Council of the City of Rocklin of Annexation of Territory to Community Facilities District No. 1 (Annexation No. 85), Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors (Vista Oaks, APNs 046-010-007-000 and 046-020-003- 000).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien Pertaining to Community Facilities District No. 1 (Annexation No. 85) (Vista Oaks, APNs 046-010-007-000 and 046-020-003-000).

City Council Regular Meeting Agenda of August 13, 2024
5 PH2.

Establishment of Vista Oaks Territory as a Future Annexation Area of Community Facilities District No. 5
CS1.

Pursuant to Government Code Section 54956.9(d)(4), Conference with Legal Counsel, Anticipated Litigation—Initiation of Litigation: one (1) potential case.

Recommendation:

Conduct a Public Hearing and Consider the Following Action:

Adopt a Resolution of the City Council of the City of Rocklin Providing for the Establishment of Territory as a Future Annexation Area of Rocklin Community Facilities District No. 5 (Vista Oaks, APNs 046-010-007-000 and 046-020-003- 000).

FUTURE AGENDA ITEMS

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION

REPORT OUT OF CLOSED SESSION

ADJOURNMENT
City Council Regular Meeting Agenda of August 13, 2024
6 City Council
Staff Report

Subject:

Revision of the City Council Procedural Rules
Date:

August 13, 2024
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Adopting Revised City Council Procedural Rules and Superseding Resolution No. 2022-248.

Background:

From time to time, staff reviews policy documents for process improvements. With the appointments earlier this year of a new City Attorney and City Clerk, The City Council Procedural Rules document was reviewed.

At this time, staff recommends the City Council update its Procedural Rules to (1) modify Section 1.2 to adopt Rosenberg's Rules of Order in place of Robert’s Rules of Order; (2) modify Section 5.7.3, Communications from the Public, to adopt a three-minute per person time limit for citizens addressing the City Council on matters not listed on the agenda, as well as non-hearing agenda items; and (3) make various non-substantive and formatting changes.

These changes are recommended to simplify technical rules of parliamentary procedure and increase the effec
tiveness of public meetings.

A redlined version showing the proposed revisions to the Procedural Rules is included as Attachment 3, along with a clean copy that incorporates the changes (Attachment 2). A copy of Rosenberg’s Rules of Order is also included as Attachment 4.

Item Number 1

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - City Council Procedural Rules

3. City Council Procedural Rules - Redline

4. Rosenberg's Rules of Order
7 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ADOPTING REVISED CITY COUNCIL PROCEDURAL RULES AND
SUPERSEDING RESOLUTION NO. 2022-248
WHEREAS, in September of 2017, the City Council established a City Council Ad Hoc Committee for the purpose of developing various City Council administrative practices, procedures, and guidelines; and
WHEREAS, the Committee in consultation with the City Manager, City Attorney, and City Clerk prepared the “City Council Procedural Rules,” which the City Council adopted on March 27, 2018, Resolution No. 2018-63; and
WHEREAS, the City Council adopted revisions to the “City Council Procedural Rules” on December 13, 2022, Resolution No. 2022-248; which superseded and replaced Resolution No. 2018-63 in its entirety; and
WHEREAS, the City Council desires to update the City Council Procedural Rules to provide for increased efficiency and best practices with respect to rules of procedure and public comment periods, and to make non-substantive and formatting updates.

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

Section 1. The City Council Procedural Rules dated August 2024, as revised and attached hereto as Exhibit “A,” are approved and adopted, effective August 13, 2024.

Section 2. Resolution No. 2022-248 is hereby superseded and replaced in its entirety by this Resolution.

PASSED AND ADOPTED this 13th of August, 2024, by the following vote:

AYES: Councilmembers
NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
8 Page | 1

CITY OF ROCKLIN

CITY COUNCIL

PROCEDURAL RULES
August 2024
9 Page | 2

CITY OF ROCKLIN

CITY COUNCIL PROCEDURAL RULES

TABLE OF CONTENTS
Authority and Administration ................................................................................... 4

1.1 General Authority and Applicability........................................................ 4

1.2 Rosenberg’s Rules of Order .................................................................... 4 City Council Powers.................................................................................................. 4

2.1 Authority of City Council.......................................................................... 4

2.2 Acts as a Body.......................................................................................... 5

2.3 Selection of Mayor and Vice Mayor......................................................... 5

2.4 Functions and Duties of Mayor................................................................ 5

2.5 City Council Committees ......................................................................... 6

2.6 Boards and Commissions........................................................................ 7 Form of Government ................................................................................................. 7

3.1 City Council-City Manager Form of Government ................................... 7

3.2 City Council Interaction with City Manager ............................................ 8

3.3 Communication with City Staff................................................................ 8

3.4 Request for Staff Resources.................................................................... 8 Legal and Ethical Standards..................................................................................... 8

4.1 Act in Public Interest ................................................................................ 8

4.2 Comply with Law ...................................................................................... 9

4.3 Conduct of Members ................................................................................ 9

4.4 Respect for Process ................................................................................. 9

4.5 Communication ........................................................................................ 9

4.6 Coordination with Staff ............................................................................ 10

4.7 Conflicts of Interest.................................................................................. 11

4.8 Ex Parte Contacts..................................................................................... 11 10 Page | 3
City Council Meetings ............................................................................................... 12

5.1 Regular Meetings...................................................................................... 12

5.2 Study Sessions......................................................................................... 12

5.3 Closed Sessions....................................................................................... 12

5.4 Special and Emergency Meetings ........................................................... 13

5.5 City Council Agenda Items ...................................................................... 13

5.6 Order of Agenda ....................................................................................... 14

5.7 Communications from the Public............................................................ 14

5.8 Procedure Matters .................................................................................... 16

5.9 Procedure for Public Hearing .................................................................. 17

5.10 Non-Agenda Items.................................................................................. 18

5.11 Decorum.................................................................................................. 18

5.12 Conduct of Business.............................................................................. 19

5.13 Time of Adjournment.............................................................................. 19

5.14 Agenda Packets...................................................................................... 20

5.15 Preparation and Distribution of Minutes............................................... 20

5.16 Reading and Approval of Minutes......................................................... 21

5.17 Validity of Actions .................................................................................. 21 11 Page | 4

CITY OF ROCKLIN

CITY COUNCIL PROCEDURAL RULES
________________________________________________________________________

1. Authority and Administration

1.1 General Authority and Applicability

1.1.1 The City Council establishes these procedural rules (the Rules) in conformity with state law, including the Ralph M. Brown Act. These Rules shall be in effect upon adoption by resolution of the City Council, and shall govern the order and conduct of business of the City Council and other legislative bodies established by the City Council. These Rules may be amended from time-to-time by resolution of the City Council.

1.1.2 During City Council discussions, deliberations, and proceedings, the presiding officer has the primary responsibility to ensure that the City Council, staff and members of the public adhere to these Rules. Any councilmember who thinks the Rules are being violated may make a “point of order” to call for the presiding officer to enforce the Rules.

1.1.3 Any rule may be temporarily suspended by a majority vote of all council members present.

1.1.4 In the event these Rules are in conflict with state law, City ordinances or the Councilmember Handbook, the order of priority shall be as follows: (1) state law, (2) City ordinances, (3) the Rules, and (4) the Councilmember Handbook.

1.2 Rosenberg’s Rules of Order

1.2.1 To the extent these Rules do not address a point of order or an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order, Revised 2011, shall apply.

2. City Council Powers

2.1 Authority of the City Council

2.1.1 The City Council has the power, in the name of the City, to do and perform all acts appropriate to the governance of a municipal corporation, and the general welfare of its inhabitants, which are not specifically prohibited by state or federal laws. 12 Page | 5

2.2 Acts as a Body

2.2.1 The City Council shall act as a body.

2.2.2 No council member has extraordinary powers beyond those of other council members. All council members, including the Mayor, have equal powers.

2.3 Selection of Mayor and Vice Mayor

2.3.1 The selection of the Mayor and Vice Mayor shall occur during a regular scheduled meeting between November 15 and January 15 of each year. Unless removed from office by majority vote of the City Council, the Mayor and Vice Mayor shall serve a one-year term.

2.3.2 The City Clerk shall preside over the selection of the Mayor and the Mayor shall preside over the selection of the Vice Mayor.

2.3.3 The Mayor and Vice Mayor serve at the pleasure of the City Council and can be replaced at any time by a majority vote of the City Council.

2.4 Functions and Duties of Mayor

2.4.1 The Mayor is the presiding officer of the City Council. In the Mayor’s absence, the Vice Mayor shall perform the duties of the Mayor. In the absence of both Mayor and Vice Mayor, the senior Councilmember shall preside.

2.4.2 The Mayor shall preside and preserve order at all regular and special meetings of the City Council. The Mayor or other presiding officer may move or second from the chair, shall have the right to debate subject only to such limitations of debate as are imposed on all members, and shall be deprived of none of the rights or privileges of a councilmember by reason of his or her occupying the chair.

2.4.3 The Mayor shall decide all questions of order.

2.4.4 The Mayor shall appoint councilmembers to committees or other bodies, subject to confirmation by a majority vote of the City Council.

2.4.5 The Mayor is the official head of the City for all ceremonial purposes.

2.4.6 The Mayor may perform such other duties consistent with the mayoral office as may be authorized by the City Council.

2.4.7 Mayoral Proclamations shall be issued and signed by the Mayor and attested by the City Clerk.
13 Page | 6

2.4.8 The City Manager, in coordination with the Mayor, City Attorney and City Clerk, shall prepare agendas for meetings of the City Council, as set forth in more detail at Section 5.5 below.

2.5 City Council Committees

2.5.1 The Mayor shall appoint councilmembers to standing and ad hoc committees of the City Council to facilitate the business of the City, subject to confirmation by a majority vote of the City Council. A committee may only undertake those lawful tasks assigned to it by the City Council and has no ability to act independently from or bind the City Council.

2.5.2 Committees shall be formed by resolution of the City Council. Such resolutions shall establish the membership of the committee, the manner of appointment and removal of members, the work to be undertaken by the committee, the timeline for the performance of the committee functions, and other items as deemed appropriate by the City Council, such as the requirement for annual reports.

2.5.3 Committees shall only have advisory functions and shall not have any final decision- making or policy-making authority.

2.5.4 Each standing and ad hoc committee shall establish regular meeting dates for the purpose of conducting business, but may also hold special meetings, in accordance with the requirements of the Brown Act.

2.5.5 Annually, each standing committee shall elect one of its members to serve as the presiding officer or chair. The City Council shall appoint the presiding officer or chair of ad hoc committees.

2.5.6 The City Manager shall assign City staff, as he or she deems reasonable and appropriate, to assist each committee in the performance of its functions.

2.5.7 The conduct of committee meetings shall be governed by the same rules of policy and procedure as the City Council.

2.5.8 Committee members shall comply with all applicable open meeting and conflict-of- interest laws of the State.

2.5.9 To the extent allowed by applicable law, all persons are eligible to serve on committees, at the discretion of the City Council, regardless of citizenship, residency or voter registration status.

2.5.10 Committee members may resign at any time by submitting a written resignation to the City Clerk. Resignations are effective upon submittal. 14 Page | 7

2.6 Boards and Commissions

2.6.1 The City Council may establish decision-making or advisory boards and commissions to facilitate the business of the City or to assist the City Council in its policy decisions.

2.6.2 Each board or commission shall establish regular meeting dates, but may also hold special meetings, in accordance with the requirements of the Brown Act.

2.6.3 Boards and commissions shall be formed by ordinance or resolution of the City Council. Such ordinance or resolution shall establish the membership of the board or commission, the work to be undertaken by the board or committee, the timeline for the performance of the board or commission functions, the term of office of members, qualifications for serving as a member of the board or commission, and other items as deemed appropriate by the City Council.

2.6.4 Annually, each board and commission shall elect one of its members to serve as the presiding officer or chair.

2.6.5 The conduct of board and commission meetings shall be governed by the same rules of policy and procedure as the City Council.

2.6.6 Boards and commissions shall comply with all applicable open meeting and conflict- of-interest laws of the State.

2.6.7 The City Manager shall assign City staff, as he or she deems reasonable and appropriate, to assist each board or commission in the performance of its functions.

2.6.8 Board and commission members serve at the pleasure of the City Council and may be removed at any time by majority vote of the City Council. Board and commission members may resign at any time by submitting a written resignation to the City Clerk. Resignations are effective upon submittal.

3. Form of Government

3.1 City Council-City Manager Form of Government

3.1.1 The City of Rocklin shall operate as a City Council-City Manager form of municipal government.

3.1.2 The City Council shall provide legislative direction, set City policy and monitor its execution by City staff. The City Manager serves as the City's chief administrative officer and is responsible for directing the day-to-day operations of the City. 15 Page | 8

3.2 City Council Interaction with City Manager

3.2.1 The City Council shall only act in a manner that is consistent with the execution by the City Manager of the City Manager's powers and duties.

3.2.2 Except for the City Clerk, City Treasurer, and City Attorney, all employees shall be appointed by the City Manager and the City Manager shall have sole authority to hire, promote, discipline or terminate City employees.

3.2.3 The City Council should consider having any employment contracts between the City and either the City Manager or City Attorney reviewed by outside special counsel.

3.3 Communication with City staff

3.3.1 Except for the purpose of inquiry, the City Council, and each councilmember shall communicate with City staff solely through the City Manager.

3.3.2 The City Council or councilmembers shall not give orders to any subordinate of the City Manager, nor shall the City Council or councilmembers give orders to any subordinate of the City Attorney.

3.4 Requests for Staff Resources

3.4.1 City Councilmember requests for research or other staff work shall be directed to the City Manager, or the City Attorney regarding legal matters.

3.4.2 If more than two hours of staff time will be required to complete the task/project, requested by a councilmember, the item will be placed on the next agenda to ask the City Council if time should be spent on the task or item.

3.4.3 Staff memos prepared in response to councilmember inquiries shall be distributed to all City Councilmembers, the City Manager and the City Attorney.

4. Legal and Ethical Standards

4.1 Act in Public Interest

4.1.1 Recognizing that stewardship of the public interest must be their primary concern, councilmembers shall work for the common good of the people and not for any private or personal interest.

4.1.2 Councilmembers shall endeavor to treat all members of the public and issues before them in a fair and equitable manner.
16 Page | 9

4.2 Comply with Law

4.2.1 Councilmembers shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open and public meetings.

4.3 Conduct of Members

4.3.1 Councilmembers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public.

4.4 Respect for Process

4.4.1 Councilmembers shall respect and adhere to the City Council-City Manager form of government.

4.4.2 Councilmember duties shall be performed in accordance with the processes and rules of order established by the City Council.

4.5 Communication

4.5.1 Councilmembers shall share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other councilmembers and the public prior to the City Council taking action on the matter.

4.5.2 Written communications addressed to the City Council are to be referred to the City Clerk for:
 Forwarding to the City Council with their agenda packet, or  Placement on an agenda with or without a staff report, or  Direct response to the citizen with a copy of the communication and staff letter to the City Council.

4.5.3 All written materials and verbal information provided to councilmembers on matters that are confidential under State law shall be kept in complete confidence. No disclosure or mention of any confidential information may be made to anyone other than other councilmembers, the City Attorney, the City Clerk or the City Manager.

4.5.4 Councilmembers may choose to post or comment on various social media sites using their personal accounts, but must keep their social media presence separate from that of the City and from that of other councilmembers and officials.

Councilmembers will not post or speak on a social media website or other online 17 Page | 10
forums on behalf of the City unless specifically authorized by the City Council.

Councilmembers’ personal social media sites and posts should include one or more of the following disclaimers to prevent confusion and false public expectations: “this is the personal page” (of the individual); or, “the views expressed are strictly my own”; or, “This page is not operated by the City of Rocklin and is not a reflection of the City’s policies or opinions or those of the City Council.”

4.6 Coordination with Staff

4.6.1 Except when representing the City on standing committees (i.e., SACOG), appropriate City staff should be involved when councilmembers meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed.

4.6.2 As a courtesy, councilmembers shall provide advance notice to the City Manager before attending internal staff meetings or meetings between City staff and third parties.

4.6.3 City staff serves the City Council as a whole, therefore, an individual councilmember shall not direct staff to initiate any action, change a course of action or recommendation, or prepare any report, nor shall a councilmember initiate any project or study without the approval of the majority of the City Council.

4.6.4 When preparing for City Council meetings, councilmembers should endeavor to notify the City Manager of questions or issues in advance of the meeting, so that City staff can be prepared to provide the desired information at the City Council meeting.

4.6.5 Any concerns by a member of the City Council regarding the behavior or work of a City employee shall be directed to the City Manager privately so that the matter may be addressed; however, members of the City Council may always seek advice from the City Attorney at any time. Councilmembers shall not reprimand employees directly nor should they communicate their concerns to anyone other than the City Manager.

4.6.6 Councilmembers may direct routine inquiries to either the City Manager or appropriate department director with a copy to the City Manager.

4.6.7 Councilmembers serving on City Council committees or as the City’s representative to an outside agency may interact directly with City staff assigned to that effort as the City Manager’s designee. The City staff member so designated and assigned will keep the City Manager appropriately informed.

4.6.8 Councilmembers shall not solicit political activities or support from staff (e.g., financial contributions, display of posters or signs, name on support list, etc.). City staff may, as private citizens with constitutional rights, engage in political activities to support political candidates, but all such activities must be conducted away from 18 Page | 11
the workplace and may not be conducted during working hours, on City premises, while in uniform, or while representing the City.

4.7 Conflicts of Interest

4.7.1 In order to assure their independence and impartiality on behalf of the public good, councilmembers are prohibited from using their official positions to influence government decisions in which they have a financial interest that would present a conflict of interest under applicable State law.

4.7.2 Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general.

4.7.3 Councilmembers shall endeavor to avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationary or email or other City resources to obtain or promote personal business.

4.7.4 Public resources not available to the general public, such as staff time, equipment, supplies or facilities, shall not be used by councilmembers for private gain or personal purposes.

4.7.5 Councilmembers shall not appear on behalf of a third party, or advocate for the private interests of a third party, before the City Council or any board, commission or committee of the City.

4.7.6 To the best of their ability, councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions publicly, councilmembers shall explicitly state they do not represent the City Council or the City.

4.7.7 The City Council shall not enter into a contract if one of its members is financially interested in the contract, unless otherwise allowed by state law.

4.8 Ex Parte Contacts

4.8.1 City Councilmembers are encouraged to consider the due process implications before receiving information and evidence on any quasi-judicial matter (i.e., appeal, permits, licenses and use applications) while such matter is pending before the City Council or any agency, board or commission thereof, outside of the public hearing process.

4.8.2 If any councilmember is exposed to information or evidence about a pending quasi- judicial matter outside of a public hearing, through contacts by constituents or the applicant, through site visits, or in any other manner, the councilmember is encouraged to disclose all such information and/or evidence acquired which is not otherwise included in the written or oral staff report, during the public hearing and before the public comments period is opened.
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4.8.3 Councilmembers may discuss legislative matters freely with constituents and members of the public, and no disclosure of those contacts is necessary. Due process requirements do not apply to legislative matters (i.e., lawmaking and policy functions).

5. City Council Meetings

5.1 Regular Meetings

5.1.1 Regular meetings of the City Council are held on the second and fourth Tuesday of each month at 6:00 p.m. in the City Administration building located at 3970 Rocklin Road in Rocklin, California, or at such other place as the City Council may deem appropriate, subject to the requirements of State law. Regular meetings may be convened earlier than 6:00 p.m. in order to accommodate closed sessions of the City Council.

5.1.2 If a regular meeting day falls on a legal holiday, then the regular meeting which otherwise would have occurred on that day shall be held on the first business day thereafter at 6:00 p.m., unless otherwise directed by the City Council.

5.2 Study Sessions

5.2.1 Study sessions are conducted as part of a public meeting, which the City Manager or City Council may set from time to time to allow for detailed review of important matters.

5.2.2 Study sessions may be conducted jointly with another City board, commission or committee or another governmental agency.

5.2.3 Formal action is typically not taken at a study session, unless the agenda indicates that action may be taken.

5.3 Closed Sessions

5.3.1 All written materials and verbal information regarding closed session items must remain confidential. No member of the City Council, employee of the City or anyone else present should disclose to any other person the intent or substance of any discussion that takes place in a closed session unless authorized by a majority of the City Council.

5.3.2 Closed sessions are regulated by the Brown Act. Permissible topics for a closed session discussion include but are not limited to: labor negotiations, pending litigation, personnel actions, real estate negotiations and certain licensing and public security issues. Closed sessions are closed to the public and media. 20 Page | 13

5.3.3 Prior to holding a closed session, the City Council shall convene in open session and announce the item or items to be discussed and/or acted upon in closed session by referencing the item or items by their number on the agenda. The presiding officer shall allow the public the opportunity to comment upon the closed session matter before the item is discussed in closed session. The City Council shall publicly report any final action taken in closed session for which the Brown Act requires an announcement and the vote or abstention on that action of every councilmember present.

5.3.4 All public statements, information and press releases relating to closed session items should be handled by the City Attorney or as otherwise directed by the City Council majority.

5.3.5 Any suspected violation of the confidentiality of a closed session discussion shall be reported to the City Attorney.

5.3.6 Copies of contracts, settlement agreements, or other documents that are finally approved or adopted in closed session shall be provided to any person who has submitted a request for such to the City Council within twenty-four hours of the posting of the agenda listing the closed session, or to any person who has made a standard request for all documentation as part of a request for notice of meetings, if the requester is present at the time the closed session ends. If the action taken results in substantial revisions to the documents, the documents shall not be released until retyping is completed. Upon request, the presiding officer shall orally summarize the substance of the amendments if requested at the end of the closed session. The closed session documents shall be made available to any person on the next business day following the closed session or, where substantial revisions are necessary, when the necessary revisions are made.

5.4 Special and Emergency Meetings

5.4.1 The Mayor may call special or emergency meetings pursuant to the provisions of the Brown Act.

5.5 City Council Agenda Items

5.5.1 The City Manager, in coordination with the Mayor, City Clerk and City Attorney, shall cause to be prepared an agenda setting forth the time and place of the meeting and a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. Items to be included must be submitted to the City Manager no later than the date established by the City Manager.

5.5.2 The City Manager shall cause to be prepared a memorandum giving pertinent facts and background information on each item which requires City Council action. 21 Page | 14

5.5.3 City Councilmembers may request that items be placed on a future agenda at any public meeting of the City Council by orally making the request under Future Agenda Items. City Council action on the request is not required in order for the item to be placed on a future agenda.

5.5.4 Any non-hearing item may be placed on a consent calendar and enacted by one motion. There will be no separate discussion of these items unless a member of the City Council or a citizen so requests. If such a request is made, the item may be removed from the consent calendar and considered in the normal sequence on the agenda.

5.5.5 The Mayor may add items to the agenda that were not requested at a public meeting, if he or she deems it necessary to bring the matter to the City Council without following the process set forth in Section 5.5.3 above.

5.6 Order of Agenda

5.6.1 The order of items on the City Council agenda shall be as follows, unless changed at any time by the Mayor or by a majority vote of the City Council:
o Call to Order
o Pledge of Allegiance
o Roll Call
o Agenda Review
o Citizens Addressing the City Council
o Reports from City Council and City Manager
o Consent Calendar
o Presentations
o Public Hearings
o Discussion Items
o Future Agenda Items
o Future Strategic Planning Items
o Future Study Session Items
o Public Financing Authority
o City Council Acting as Successor Agency
o Adjournment
Closed Session items authorized by the provisions of the Brown Act may be included on any agenda in the location as deemed appropriate by the City Manager.

5.7 Communications from the Public

5.7.1 The public comment portion of the City Council meeting is intended for oral presentations to the City Council by members of the public. During this time, a speaker may address the City Council on any issue which is in the subject matter jurisdiction of the City Council and does not appear on the printed agenda for that meeting.
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5.7.2 The Mayor or presiding officer shall request that each person addressing the City Council give his or her name and city of residence in an audible tone of voice for the record before making comments, although a person is not required to identify themselves before addressing the City Council. The use of Speaker Cards is encouraged. All remarks shall be addressed to the City Council as a body and not to any member thereof, or to staff, or to the public. No person, other than a member of the City Council, the City Manager or the City Attorney and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

5.7.3 For items not on the agenda, and for non-hearing items on the agenda, the person addressing the City Council shall be limited to three minutes, unless the presiding officer, with consent of the majority of the City Council, determines that all speakers will be allowed a shorter or longer period of time..

5.7.4 For hearing items on the agenda, the presiding officer may impose reasonable time limits on any citizen addressing the City Council, including applicants, proponents and opponents, when the presiding officer determines the limits are necessary for the orderly conduct of the hearing, and the limits are fairly applied. The presiding officer may also impose reasonable limitations on the total amount time allocated for public testimony on a particular issue.

5.7.5 Whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the City Council and, in case additional matters are to be presented at the time by any member of the group, to limit the number of persons so addressing the City Council, so as to avoid unnecessary repetition. A person shall not yield or allot any amount of their public comment time to another person.

5.7.6 Members of the City Council shall not engage in debate with members of the public offering public comment, but may briefly respond to statements made or questions posed during this portion of the meeting. City staff shall briefly respond to statements made or questions posed by members of the public, when asked to do so by a City Councilmember.

5.7.7 Members of the City Council shall discourage any behavior which disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

5.7.8 Nothing in this section shall prohibit or discourage orderly criticism of any City Council decision or City policy, procedure, program or service.

5.7.9 Members of the public may submit, and are encouraged to submit, comments in writing to the City Council relating to City business, whether on the City Council agenda or otherwise. Such written comments will be distributed to members of the 23 Page | 16
City Council and considered and acted upon, as the City Council in its judgment may deem appropriate.

5.8 Procedural Matters

5.8.1 Except for actions that require a higher vote threshold by law, a majority vote of the full City Council (three affirmative votes) shall be the minimum required to act on any matter, including but not limited to, ordinances, resolutions and City policies.

5.8.2 If any City Council member cannot attend a meeting, he or she should notify the City Clerk as soon as possible, but in no event later than noon on the meeting day.

5.8.3 Three City Council members shall constitute a quorum for the transaction of business at any regular, special or emergency meeting of the City Council. When there is no quorum, the presiding officer or City Clerk may adjourn the meeting, provided that 15 minutes shall have elapsed after the hour set for such meeting.

5.8.4 For the purpose of considering any item subject to vote of the City Council, when a councilmember disqualifies himself/herself due to a conflict of interest, that councilmember’s abstention shall not be considered in determining the presence of a quorum. Consideration on such item thereof shall be deferred until a quorum of non-interested councilmembers are present to discuss and vote on the item.

5.8.5 At the time the presiding officer calls an item from which a councilmember is disqualified from participation due to a conflict of interest, the disqualified councilmember shall announce the fact and the reason he or she is disqualified for the record and shall thereafter refrain from any participation as a councilmember in the discussion and action on the item. Further, except when the matter is on the consent calendar, the disqualified councilmember shall leave the City Council chambers while the matter is being discussed. A councilmember disqualified from participation shall not be considered present at the meeting for the item(s) of business on which such member is disqualified.

5.8.6 Items may only be added to the City Council agenda pursuant to the requirements of the Brown Act.

5.8.7 The making and handling of motions shall be governed by the presiding officer. The presiding officer may recess and adjourn City Council meetings without the necessity of a motion.

5.8.8 Any City Councilmember present at a meeting when a question comes up for a vote must vote for or against the measure or abstain, unless he or she is disqualified from voting. When necessary, the Mayor may request votes by roll call vote.

Members that refuse to vote, are silent, or state “abstain” shall be considered as having abstained. The results reflecting all “ayes” and “noes” and “abstentions” must be clearly set forth for the record.
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5.8.9 An abstention does not count as a vote for or against a matter. If a Councilmember abstains, he or she is counted for quorum purposes, but is not deemed to be voting for purposes of determining whether there has been a majority vote.

5.8.10 A tie vote shall result in a lost motion if all five members are present. In such an instance, any councilmember may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken. A tie vote when only four members are present shall result in an automatic continuance to the next regular meeting of the City Council, in the absence of an affirmative vote.

5.8.11 Remote participation.

5.8.11.1.1 Councilmember participation in City Council meetings by teleconference or videoconference shall comply with the requirements of the Brown Act.

5.8.11.1.2 Less than a quorum of the City Council may participate in a City Council meeting by video-conference if there is just cause for the member(s) not attending the meeting in person or the member(s) experience an emergency circumstance, as defined by the Brown Act. The member intending to participate in a City Council meeting by video-conference shall advise the Mayor and the City Clerk not less than six hours before the meeting, of the just cause for remote participation. The meeting shall provide for either two-way audiovisual system or a two-way phone service in addition to live webcasting. The member participating by video-conference shall announce if there is anyone present with them over the age of 18 and if so, their relationship to the member. The member must participate by both audio and video. The agenda must identify a call-in or internet-based access option for public participation in addition to the in-person meeting location. If there is a disruption to the video-conference meeting, the City Council shall take no further option until public access is restored. The number of occasions a member may utilize this process shall be as set forth in the Brown Act.

5.9 Procedure for Public Hearing
The order of conducting a public hearing by the City Council shall be as follows:
a. Presiding officer announces the item and opens the public hearing; b. Staff presentation;
c. Questions of staff for clarification by Councilmembers; d. Disclosure of any ex parte communications by Councilmembers e. Statement by proponents;
f. Questions of proponents or staff by Councilmembers;
g. Public comments;
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h. As necessary, questions of public or staff by Councilmembers; i. Response by proponent;
j. Response by staff;
k. Final questions by Councilmembers to staff or proponent; l. Presiding officer closes public hearing;
m. City Council discussion;
n. City Council action on item.

5.10 Non-Agenda Items

5.10.1 No action or discussion shall be taken on any item not appearing on the posted agenda, except as provided below:
a. Councilmembers may, on their own initiative or in response to questions posed by a member of the public, ask a question for clarification, provide a reference to staff or other resources for factual information, or request that any matter be placed on a future agenda.
b. The City Council may take action to direct staff to report back to the City Council at a subsequent meeting on any matter.

5.10.2 The City Council may add to the posted agenda, and take action on any item of business under the conditions stated below:
a. Upon a determination by a majority vote of the City Council that an emergency situation exists. “Emergency situation” means a crippling disaster; a work stoppage; other activity which severely impairs public health, safety or both; or local, State, or Federally-declared emergency or disaster. b. Upon a determination by a two-thirds vote of the City Council, or, if less than two-thirds of the members are present, by a unanimous vote of those present, that there is a need to take immediate and urgent action and that the need for action came to the attention of the City after the agenda was posted. c. The item was on the agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

5.11 Decorum

5.11.1 The Mayor shall be responsible for preserving order at all City Council meetings.

5.11.2 While the City Council is in session, all persons shall conduct themselves with reasonable decorum.
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5.11.3 While the City Council is in session, the councilmembers shall preserve order and decorum, and no member shall, either by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council or disturb any member while speaking, or refuse to obey the orders of the City Council or its presiding officer. Councilmembers shall be courteous at all times in their dealings with the public, staff and each other.

5.11.4 When a member of the public is disruptive to a City Council meeting, the presiding officer shall warn the person that their behavior is disruptive and if they do not stop their behavior, they may be removed from the meeting. If the member of the public does not promptly cease their behavior, the presiding member or their designee may order their removal. As used herein, “disruptive” means behavior during the meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including but not limited to: (1) failing to comply with reasonable and lawful regulations adopted by the City Council pertaining to conduct of open meetings; or (2) engaging in behavior that constitutes use of force or conduct that a reasonable observer would perceive to be an actual threat to use force.

5.11.5 The Police Chief or his or her authorized representative shall be sergeant at arms of the City Council meeting. The sergeant at arms shall carry out all lawful orders and all instructions of the presiding officer for the purpose of maintaining order and decorum at City Council meetings.

5.12 Conduct of Business

5.12.1 The Mayor or other presiding officer shall take the chair precisely at the hour appointed for the meeting and shall immediately call the meeting to order.

5.12.2 Before proceeding with the business of the City Council, the roll of the members shall be called by the City Clerk, and the names of those present shall be entered into the minutes.

5.13 Time of Adjournment

5.13.1 It is the policy of the City that all evening meetings of the City Council, including study sessions, be adjourned no later than 11:00 p.m., which time is referred to as the normal time of adjournment. If a hearing is in progress at 11:00 p.m., the presiding officer shall adjourn the meeting, unless the City Council, by motion, waives the normal time of adjournment. No new item of business shall be taken up by the City Council after the normal time unless the City Council has determined by a majority vote to set aside this policy. All agenda items not considered at the meeting shall be on the agenda of the next regular meeting unless the City Council directs otherwise.
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5.14 Agenda Packets

5.14.1 Agenda packets are to be made available for the public at the City Clerk’s Office, the City’s website and at the City Council meeting. City Council meeting agendas, minutes and staff reports shall normally be available for public review on the Tuesday prior to City Council meetings.

5.14.2 Agenda packets shall normally be available to City Councilmembers on the Tuesday prior to City Council meetings.

5.14.3 Writings distributed by staff to a majority of councilmembers after the agenda has been distributed, but before the City Council meeting, shall be made available for public inspection at the time the writing is distributed to all, or a majority of all the members of the City Council. Such materials shall be immediately posted on the City’s website in a position and manner that indicates the writing relates to an agenda item for an upcoming meeting, and physical copies shall be available for public inspection in the City Clerk’s Office, beginning the next regular business hours. Written public comment must be received by 3 p.m. the day of the City Council meeting.

5.14.4 Writings distributed during a City Council meeting by staff, a councilmember, or a member of the public, shall be made available for inspection by the public at or after the City Council meeting.

5.14.5 The City Clerk shall keep copies of all writings submitted as part of the record to the City Councilmembers before and during a City Council meeting with the official record of the City Council meeting and shall make a copy available for inspection and copying as required by law.

5.15 Preparation and Distribution of Minutes

5.15.1 The minutes of City Council meetings shall be kept by the City Clerk and shall be neatly typewritten and shall contain the following:
a. A record of each particular type of business as was actually passed upon by a vote of the City Council, set off in paragraphs; and
b. A record shall be made of the names and cities of residence of persons addressing the City Council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter.

5.15.3 As soon as possible after every City Council meeting, the City Clerk shall cause a copy of the minutes thereof to be prepared and distributed in the agenda packet. 28 Page | 21

5.16 Reading and Approval of Minutes

5.16.1 Unless the reading of the minutes of a City Council meeting is requested by a member of the City Council, such minutes may be approved without reading it if the City Clerk has previously furnished each member with a copy thereof.

5.16.2 The minutes shall be approved by the City Council under the consent calendar.

5.17 Validity of Actions

5.17.1 No action taken by the City Council which is otherwise legally valid shall be voided or nullified by reason of a failure to follow these Rules or Rosenberg’s Rules of Order.
29

Page 11 ends

CITY OF ROCKLIN

CITY COUNCIL

PROCEDURAL RULES
December 2022August 2024
30 CITY OF ROCKLIN

CITY COUNCIL PROCEDURAL RULES

TABLE OF CONTENTS
Authority and Administration .................................................................................... 4

1.1 General Authority and Applicability ......................................................... 4

1.2 Robert's Rosenberg's Rules of Order ..................................................... 4 City Council Powers ................................................................................................... 4

2.1 Authority of ~ Council .......................................................................... 4

2.2 Acts as a Body .......................................................................................... 4~

2.3 Selection of Mayor and Vice Mayor ......................................................... 5

2.4 Functions and Duties of Mayor ................................................................ 5

2.5 City Council Committees .......................................................................... 6

2.6 Boards and Commissions ........................................................................ 1 Form of Government .................................................................................................. 7

3.1 City Council-City Manager Form of Government .................................... 7

3.2 City Council Interaction with City Manager ............................................. 8

3.3 Communication with City Staff ................................................................ 8

3.4 Request for Staff Resources .................................................................... 8 Legal and Ethical Standards ..................................................................................... 8

4.1 Act in Public lnterest ................................................................................. 8

4.2 Comply with Law ....................................................................................... 9

4.3 Conduct of Members ................................................................................. 9

4.4 Respect for Process .................................................................................. 9

4.5 Communication ......................................................................................... 9

4.6 Coordination with Staff ............................................................................. 10

4. 7 Conflicts of Interest ................................................................................... 1-01!

4.8 Ex Parte Contacts ...................................................................................... 11 City Council Meetings ................................................................................................ 12

5.1 Regular Meetings ...................................................................................... 12

Page 12 ends

31 5.2 Study Sessions ......................................................................................... 12

5.3 Closed Sessions ....................................................................................... 12

5.4 Special and Emergency Meetings ............................................................ 13

5.5 City Council Agenda ltems ....................................................................... 13

5.6 Order of Agenda ........................................................................................ 14

5.7 Communications from the Public ............................................................ 14

5.8 Procedure Matters ..................................................................................... -1-516

5.9 Procedure for Public Hearing ................................................................... 17

5.10 Non-Agenda ltems ................................................................................... -1-718

5. 11 Decorum ................................................................................................... 18

5.12 Conduct of Business .............................................................................. .f319

5.13 Time of Adjournment .............................................................................. .f319

5.14 Agenda Packets ...................................................................................... .f320

5.15 Preparation and Distribution of Minutes ............................................... -1-920

5.16 Reading and Approval of Minutes .......................................................... -1-921

5.17 Validity of Actions ................................................................................... 2021 Page I 3
32 1.

2. CITY OF ROCKLIN

CITY COUNCIL PROCEDURAL RULES
Authority and Administration

1.1 1.2
Cit

2.1 General Authority and Applicability

1.1.2 During City Council discussions, deliberations, and proceedings, the presiding officer has the primary responsibility to ensure that the City Council, staff and members of the public adhere to these Rules. Any councilmembermernber who thinks the Rules are being violated may make a "point of order" to call for the presiding officer to enforce the Rules.

1.1.3 Any rule may be temporarily suspended by a majority vote of all council members present.

1.1.4 In the event these Rules are in conflict with state law, City ordinances or the Councilmember Handbook, the order of priority shall be as follows: ( 1) state law, (2) City ordinances, (3) the Rules, and (4) the Councilmember Handbook.

Rosenberg's Robert's Rules of Order

1.2.1 To the extent these Rules do not address a point of order or an issue of parliamentary procedure for legislative body meetings, VVebster's New 'Norld, Robert's Rosenberg's Rules of Order, Revised 2011Third Edition, shall apply.

Council Powers
Authority of the City Council

2.2 Acts as a Body

2.2.1 The City Council shall act as a body.

Page 14 ends

33 2.2.2 No council member has extraordinary powers beyond those of other council members. All council members, including the Mayor, have equal powers.

2.3 Seilection of Mayor and Vice Mayor

2.3.2 The City Clerk shall preside over the selection of the Mayor and the Mayor shall preside over the selection of the Vice Mayor.

2.3.3 The Mayor and Vice Mayor serve at the pleasure of the City Council and can be replaced at any time by a majority vote of the City Council.

2.4 Functions and Duties of Mayor
Page I 5

2.4.1 The Mayor is the presiding officer of the City Council. In the Mayor's absence, the Vice Mayor shall perform the duties of the Mayor. In the absence of both Mayor and Vice Mayor, the senior Councilmember shall preside.

2.4.3 The Mayor shall decide all questions of order.

2.4.4 The Mayor shall appoint councilmembers to committees or other bodies, subject to confirmation by a majority vote of the City Council.

2.4.5 The Mayor is the official head of the City for all ceremonial purposes.

2.4.6 The Mayor may perform such other duties consistent with the mayoral office as may be authorized by the City Council.

2.4.7 Mayoral Proclamations shall be issued and signed by the Mayor and attested by the City Clerk.

2.4.8 The City Manager, in coordination with the Mayor, City Attorney and City Clerk, shall prepare agendas for meetings of the City Council, as set forth in more detail at Section 5.5 below.
34 2.5 City Council Committees

Page 16 ends

2.5.1 The Mayor shall appoint council members to standing and ad hoc committees of the City Council to facilitate the business of the City, subject to confirmation by a majority vote of the City Council. A committee may only undertake those lawful tasks assigned to it by the City Council and has no ability to act independent~ from or bind the City Council.

2.5.3 Committees shall only have advisory functions and shall not have any final decision making or policy-making authority.

2.5.5 Annually, each standing committee shall elect one of its members to serve as the presiding officer or chair. The City Council shall appoint the presiding officer or chair of ad hoc committees.

2.5.6 -The City Manager shall assign City staff, as he or she deems reasonable and appropriate, to assist each committee in the performance of its functions.

2.5.7 The conduct of committee meetings shall be governed by the same rules of policy and procedure as the City Council.

2.5.8 Committee members shall comply with all applicable open meeting and conflict-of interest laws of the State.

2.5.9 To the extent allowed by applicable law, A_gll persons are eligible to serve on committees, at the discretion of the City Council, regardless of citizenship, residency or voter registration status.

2.5.10 Committee members may resign at any time by submitting a written resignation to the City Clerk. Resignations are effective upon submittal. 35 2.6 Boards and Commissions

2.6.1 The City Council may establish decision-making or advisory boards and commissions to facilitate the business of the City or to assist the City Council in its policy decisions.

2.6.2 Each board or commission shall establish regular meeting dates, but may also hold special meetings, in accordance with the requirements of the Brown Act.

2.6.4 Annually, each board and commission shall elect one of its members to serve as the presiding officer or chair.

2.6.5 The conduct of board and commission meetings shall be governed by the same rules of policy and procedure as the City Council.

2.6.6 Boards and commissions shall comply with all applicable open meeting and conflict of-interest laws of the State.

2.6.7 The City Manager shall assign City staff, as he or she deems reasonable and appropriate, to assist each board or commission in the performance of its functions.

3. Form of Government

3.1 City Council-City Manager Form of Government

Page 17 ends

3.1.1 The City of Rocklin shall operate as a City Council-City Manager form of municipal government.

3.2.1 The City Council shall only act in a manner that is consistent with the execution by the City Manager of the City Manager's powers and duties.

3.2.3 The City Council should consider having any employment contracts between the City and either the City Manager or City Attorney reviewed by outside special counsel.

3.3 Communication with City staff

3.3.1 Except for the purpose of inquiry, the City Council, and each councilmember shall eeal-communicate with City staff solely through the City Manager.

3.3.2 The City Council aRG--Or cGouncil-members shall not give orders to any subordinate of the City Manager, nor shall the City Council or councilmembers give orders to fil!Y..SUbordinates of the City Attorney.

3.4 Requests for Staff Resources

3.4.1 City Councilmember requests for research or other staff work shall be directed to the City Manager, or the City Attorney regarding legal matters.

3.4.3 Staff memos prepared in response to councilmember inquiries shall be distributed to all City Council-members, the City Manager and the City Attorney.

4. Legal and Ethical Standards

4.1 Act in Public Interest
Page I B

4.1.1 Recognizing that stewardship of the public interest must be their primary concern, councilmembers shall work for the common good of the people and not for any private or personal interest.

4.1.2 Councilmembers shall endeavor to treat all members of the public and issues before them in a fair and equitable manner.
37 4.2 Comply with Law

4.3 Conduct of Members

4.4 Respect for Process

4.4.1 Councilmembers shall respect and adhere to the City Council-City Manager form of government.

4.4.2 Councilmember duties shall be performed in accordance with the processes and rules of order established by the City Council.

4.5 Communication

Page 19 ends

4.5.2 Written communications addressed to the City Council are to be referred to the City Clerk for:
• Forwarding to the City Council with their agenda packet, or • Placement on an agenda with or without a staff report, or • Direct response to the citizen with a copy of the communication and staff letter to the City Council.

Councilmembers will not post or speak on a social media website or other online 38 forums on behalf of the City unless specifically authorized by the City Council.

Councilmembers' personal social media sites and posts should include one or more of the following disclaimers to prevent confusion and false public expectations: "this is the personal page" (of the individual); or, "the views expressed are strictly my own": or, "This page is not operated by the City of Rocklin and is not a reflection of the City's policies or opinions or those of the City Council."

4.6 Coordination with Staff

Page 110 ends

4.6.2 As a courtesy, councilmembers shall provide advance notice to the City Manager before attending internal staff meetings or meetings between City staff and third parties.

4.6.4 When preparing for City Council meetings, councilmembers should endeavor to notify the City Manager of questions or issues in advance of the meeting, so that City staff can be prepared· to provide the desired information at the City Council meeting.

4.6.5 Any concerns by a member of the City Council regarding the behavior or work of a City employee shall be directed to the City Manager privately so that the matter may be addressed~, however, members of the City Council may always seek advice from the City Attorney at any time. Councilmembers shall not reprimand employees directly nor should they communicate their concerns to anyone other than the City Manager.

4.6.6 Councilmembers may direct routine inquiries to either the City Manager or appropriate department director with a copy to the City Manager.

4.6.7 Councilmembers serving on City Council committees or as the City's representative to an outside agency may interact directly with City staff assigned to that effort as the City Manager's designee. The City staff member so designated and assigned will keep the City Manager appropriately informed.

4.6.8 Councilmembers shall not solicit political activities or support from staff (e.g., financial contributions, display of posters or signs, name on support list, etc.). City staff may, as private citizens with constitutional rights, engage in political activities !Q_support political candidates, but all such activities must be conducted away from 39 the workplace and may not be conducted during working hours, on City premises, while in uniform, or while representing the City.

4. 7 Conflicts of Interest

4.7.2 Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general.

4.7.4 Public resources not available to the general public, such as staff time, equipment, supplies or facilities, shall not be used by councilmembers for private gain or personal purposes.

4.7.5 Councilmembers shall not appear on behalf of the private interests of a third party.l or advocate for the private interests of a third party, before the City Council or any board, commission or committees of the City.

4.7.7 The City Council shall not enter into a contract if one of its members is financially interested in the contract, unless otherwise allowed by state law.

4.8 Ex Parte Contacts

Page 111 ends

4.8.2 If any councilmember is exposed to information or evidence about a pending quasi judicial matter outside of a public hearing, through contacts by constituents or the applicant, through site visits, or in any other manner, the councilmember is encouraged to disclose all such information and/or evidence acquired which is not 40 otherwise included in the written or oral staff report, during the public hearing and before the public comments period is opened.

5. City Council Meetings

5.1 Regular Meetings

5.2 Study Sessions

5.2.1 Study sessions are conducted as part of a public meeting, which the City Manager or City Council may set from time to time to allow for detailed review of important matters.

5.2.2 Study sessions may be conducted jointly with another City board, commission or committee or another governmental agency.

5.2.3 Formal action is typically not taken at a study session, unless the agenda indicates that action may be taken.

5.3 Closed Sessions
Page I 12

5.3.2 Closed sessions are regulated by the Brown Act!i Permissible topics/isstJes for a closed session discussion include but are not limited to: labor negotiations, pending litigation, personnel actions, real estate negotiations and certain licensing and public security issues. Closed sessions are closed to the public and f3F88Smedia. 41 5.3.3 Prior to holding a closed session, the City Council shall convene in open session and announce the item or items to be discussed and/or acted upon in closed session by referencing the item or items by their number on the agenda. The presiding officer shall allow the public the opportunity to comment upon the closed session matter before the item is discussed in closed session. The City Council shall publicly report any final action taken in closed session for which the Brown Act requires an announcement and the vote or abstention on that action of every councilmember present.

5.3.4 All public statements, information and press releases relating to closed session items should be handled by the City Attorney or as otherwise directed by the City Council majority.

5.3.5 Any suspected violation of the confidentiality of a closed session discussion shall be reported to the City Attorney.

5.4 Special and Emergency Meetings

5.4.1 The Mayor may call special or emergency meetings pursuant to the provisions of the Brown Act.

5.5 City Council Agenda Items
Page I 13

5.5.2 The City Manager shall cause to be prepared a memorandum giving pertinent facts and background information on each item which requires City Council action. 42 5.5.3 City Councilmembers may request that items be placed on a future agenda at any public meeting of the City Council by orally making the request under Future Agenda Items. City Council action on the request is not required in order for the item to be placed on a future agenda.

5.5.4 Any non-hearing item may be placed on a consent calendar and enacted by one motion. There will be no separate discussion of these items unless a member of the City Council or a citizen so requests. If such a request is made, the item SRaU-may be removed from the consent calendar and considered in the normal sequence on the agenda.

5.6 Order of Agenda

5.6.1 The order of items on the City Council agenda shall be as follows, unless changed at any time by the mMayor or by a majority vote of the City Council:
o Call to Order
o Pledge of Allegiance
o Roll Call
o Agenda Review
o Citizens Addressing the City Council
o Reports from City Council and City Manager
o Consent Calendar
o Special Presentations
o Public Hearings
o Discussion Items
o Future Agenda Items
o Future Strategic Planning Items
o Future Study Session Items
o Public Financing Authority
o City Council Acting as Successor Agency
o Closed Session
o Adjournment
Closed Session items authorized by the provisions of the Brown Act may be included on any agenda in the location as deemed appropriate by the City Manager.

5.7 Communications from the Public

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5.7.1 The public comment portion of the City Council meeting is intended for oral presentations to the City Council by members of the public. During this time, a speaker may address the City Council on any issue which is in the subject matter 43 Page I 15
jurisdiction of the City Council and does not appear on the printed agenda for that meeting.

5.7.2 The Mayor or presiding officer shall request that each person addressing the City Council give his or her name and city of residence in an audible tone of voice for the record before making comments, although a person is not required to identify themselves before addressing the City Council. The use of Speaker Cards is encouraged. All remarks shall be addressed to the City Council as a body and not to any member thereof, or to staff, or to the public. No person, other than a member of the City Councit the City Manager or the City Attorney and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

5.7.3 For items not on the agenda, and for non-hearing items on the agenda, the person addressing the City Council shall be limited to five-three minutes, unless the presiding officer, with consent of the majority of the City Council, determines that all speakers will be allowed a shorter or longer period of time., llnless the time is e~dended or redllced by the presiding officer.

5.7.7 +Re-Members of the City Council shall discourage any behavior which disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

5.7.8 Nothing in this section shall prohibit or discourage orderly criticism of any City Council decision or City policy, procedure, program or service. 44 5.7.9 Members of the public may submit, and are encouraged to submit, comments in writing to the City Council relating to City business, whether on the City Council agenda or otherwise. Such written comments will be distributed to members of the City Council and considered and acted upon, as the City Council in its judgment may deem appropriate.

5.8 Procedurale Matters

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5.8.1 Except for actions that require a higher vote threshold by law. A~ majority vote of the full City Council (three3 affirmative votes) shall be the minimum required to act on any matter, including but not limited to, ordinances, resolutions and City policies.

5.8.2 If any City Council member cannot attend a meeting, he or she should notify the City Clerk as soon as possible, but in no event later than noon on the meeting day.

5.8.4 For the purpose of considering any item subject to vote of the City Council, when a councilmember disqualifies himself/herself due to a conflict of interest, that councilmember's abstention shall not be considered in determining the presence of a quorum. Consideration on such item thereof shall be deferred until a quorum of non-interested councilmembers are present to discuss and vote on the item.

5.8.6 Items may only be added to the City Council agenda pursuant to the requirements of the Brown Act.

5.8.7 The making and handling of motions shall be governed by the presiding officer. The presiding officer may recess and adjourn City Council meetings on behalf of Cmmcil, without the necessity of a motion.

Members that refuse to vote, are silent, or state "abstain" shall be considered as 45 having abstained. The results reflecting all "ayes" and "noes" and "abstentions" must be clearly set forth for the record.

5.8.11 Remote participation.

5.8.11.1.1 Councilmember participation in Q1y_ Council meetings by teleconference or videoconference shall comply with the requirements of the Brown Act.

Page 117 ends

46 ~ Statement by proponents;
&.-L Questions of proponents or staff by Councilmembers; f4._Public comments;
g-;b.:_As necessary, questions of public or staff by Councilmembers; R-;L.__Response by proponent;
hLResponse by staff;
t,-.!L_Final questions by Councilmembers to staff or, proponent or p1:.1blic; ~LPresiding officer closes public hearing;
hD1._City Council discussion;
m-:_n._City Council action on item.

5.10 Non-Agenda Items

5.10.2 The City Council may add to the posted agenda, and take action on any item of business under the conditions stated below:
a. Upon a determination by a majority vote of the City Council that an emergency situation exists. "Emergency situation" means a crippling disaster,~ a work stoppage,~ Gf--Other activity which severely impairs public health, safety or both~ or local, State, or Federally-declared emergency or disaster. b. Upon a determination by a two-thirds vote of the City Council, or, if less than two-thirds of the members are present, by a unanimous vote of those present, that there is a need to take immediate and urgent action and that the need for action came to the attention of the City after the agenda was posted. c. The item was on the agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

5.11 Decorum

5.11.1 The Mayor shall be responsible for preserving order at all City Council meetings.

Page I 18
47 5.11.2 While the City Council is in session, all persons shall conduct themselves with reasonable decorum.

5.11.4 When a member of the public is disruptive to a City Council meeting, the presiding officer shall warn the person that their behavior is disruptive and if they do not stop their behavior, they may be removed from the meeting. If the member of the public does not promptly cease their behavior, the presiding member or their designee may order their removal. As used herein, "disruptive" means behavior during the meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including but not limited to: (1) failing to comply with reasonable and lawful regulations adopted by the City Council pertaining to conduct of open meetings; or (2) engaging in behavior that constitutes use of force or conduct that a reasonable observer would perceive to be an actual threat to use force.

5.12 Conduct of Business

5.12.1 The Mayor or other presiding officer shall take the chair precisely at the hour appointed for the meeting and shall immediately call the meeting to order.

5.12.2 Before proceeding with the business of the City Council, the roll of the members shall be called by the City Clerk, and the names of those present shall be entered into the minutes.

5.13 Time of Adjournment
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5.13.1 It is the policy of the City that all evening meetings of the City Council, including study sessions, be adjourned no later than 11 :00 p.m., which time is referred to as the normal time of adjournment. If a hearing is in progress at 11 :00 p.m., the presiding officer shall adjourn the meeting, unless the City Council, by motion, waives the normal time of adjournment. No new item of business shall be taken up by the City Council after the normal time unless the City Council has determined by a majority vote to set aside this policy. All agenda items not considered at the 48 meeting shall be on the agenda of the next regular meeting unless the City Council directs otherwise.

5.14 Agenda Packets

5.14.1 Agenda packets are to be made available for the public at the City Clerk's Office, the City's website and at the City Council meeting. City Council meeting agendas, minutes and staff reports shall normally be available for public review on the Tuesday prior to City Council meetings.

5.14.2 Agenda packets shall normally be available to City Councilmembers on the Tuesday prior to City Council meetings.

5.14.3 Writings distributed by staff to a majority of councilmembers after the agenda has been distributed, but before the City Council meeting, shall be made available for public inspection at the time the writing is distributed to all, or a majority of all the members of the City Council. Such materials shall be immediately posted on the City's website in a position and manner that indicates the writing relates to an agenda item for an upcoming meeting, and physical copies shall be available for public inspection in the City Clerk's Office, beginning the next regular busfness hours. Written public comment must be received by 3 p.m. the day of the City Council meeting.

5.15 Preparation and Distribution of Minutes

Page 120 ends

5.15.2 Audio recordings of the City Council meetings shall be made and shall be maintained by the City Clerk for a period of no less than two years. Video recordings shall be maintained by the City Clerk permanently.
49 5.15.3 As soon as possible after every City Council meeting, the City Clerk shall cause a copy of the minutes thereof to be prepared and distributed in the agenda packet.

5.16 Reading and Approval of Minutes

5.16.2 The minutes shall be approved by the City Council under the consent calendar.

5.17 Validity of Actions
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5.17.1 No action taken by the City Council which is otherwise legally valid shall be voided or nullified by reason of a failure to follow these Rules or Rosenberg's Rules of Order.
50 Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 53 2
Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
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Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
57 6
Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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60 City Council
Staff Report

Subject:

Amendment No. 1 to the Contract for Services with Keyser Marston Associates, Inc.

Date:

August 13, 2024
Submitted By:

Gabrielle de Farcy, Associate Management Analyst
Sherri Conway, Assistant City Manager
Department:

City Manager's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Contract for Services with Keyser Marston Associates, Inc.

Background:

On January 23, 2024, the City Council adopted by Resolution No. 2024-039 the Affordable Housing Incentive Program for Qualified Affordable Housing Developments. The purpose of the Affordable Housing Incentive Program is for the City of Rocklin to meet Regional Housing Needs Allocation (RHNA) projections by working with housing developers to expand opportunities for affordable lower-income and workforce housing.

One component of the Affordable Housing Incentive Program is Low- and Moderate-Income Housing Asset Fund Contributions. If Low- and Moderate-Income Housing Asset Fund (LMIHAF) dollars are available, private projects requesting a commitment of funding must first demonstrate a gap in funding by submitting pro forma that is then verified by an independent third party selected by the City. In order to evaluate proposed development projects, the City entered into a Contract for Services with Keyser Marston Associates, Inc. (KMA) dated August 25, 2023. KMA provides expertise in financial analysis related to affordable housing. The contract term was through June 30, 2024 with a not to exceed amount of $45,000.

Based on KMA's analysis of a submitted pro forma, staff may formulate a funding recommendation for the City Council's consideration. Given the number of requests that have been received by the City that require financial analysis, an amendment contract is needed to continue utilizing the services of KMA.

Staff recommends approval of Amendment No. 1 for a new total contract amount not to exceed $150,000 and a contract term in effect until June 30, 2026.

Item Number 2

61 Fiscal Impact:

Amendment No.1 brings the total contract not to exceed amount to $150,000. Sufficient funds are available in the Low- and Moderate-Income Housing Asset Fund.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Amendment No. 1

3. KMA Contract for Services
62 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES WITH KEYSER MARSTON ASSOCIATES, INC.

WHEREAS, on August 25, 2023, the City of Rocklin entered into a Contract for Services Agreement with Keyser Marston Associates, Inc. for expertise in financial analysis related to affordable housing in an amount not to exceed $45,000; and
WHEREAS, on January 23, 2024, pursuant to Resolution No. 2024-039, the City of Rocklin established the Affordable Housing Incentive Program for Qualified Affordable Housing Developments, including Low- and Moderate-Income Housing Asset Fund Contributions; and WHEREAS, projects requesting a commitment of Low- and Moderate-Income Housing Asset Fund Contributions must first demonstrate a gap in funding by submitting pro forma that is verified by an independent third party selected by the City; and
WHEREAS, the City selected Keyser Marston Associates, Inc. for pro forma review and financial analysis, and therefore an amendment to the Contract for Services is necessary for continuation of services.

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 hereby approves and authorizes the City Manager to execute Amendment No. 1 to the Contract for Services with Keyser Marston Associates, Inc. for financial analysis services in substantially the form attached hereto as Exhibit “A”; and PASSED AND ADOPTED ON August 13, 2024, by the City Council of the City of Rocklin by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
63 64
65 1733390.1 9959-001

CONTRACT FOR SERVICES

THIS CONTRACT is made on __________________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Keyser Mars ton Associates, Inc. (KMA) “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 Exhibit s 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 t he 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 Forty-Five Thousand Dollars ($45,000).

The payments specified in Exhibit s 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.

C. Contractor shall submit all billings/invoices for services 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:
(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; and DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 8/25/2023 | 11:37 AM PDT
66 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 2

(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.

E. During performance of the agreement and for a period of three (3) years af ter 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. 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 cl aims, 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.

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 June 30, 2024 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:

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 67 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 3

i. Contractor 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 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 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 writi ng 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 DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 68 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 4

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.

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. Con tractor 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.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 69 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 5

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be pr epared 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 rece iving 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 directl y or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

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

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 70 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 6

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. 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. 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, c osts, 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 surv ive 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.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 71 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 7

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 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.

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 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 Contr actor’s insurance (at least DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 72 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 8

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 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:

i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

ii. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

iii. 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 three (3) 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 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 DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 73 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 9

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.

B. Non-Discrimination in Employment and Equal Employment Opportunit y.

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 costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any t ime 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 C ontract, 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.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 74 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 10

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.

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 hav e 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:

City: City of Rocklin
Office of the City Manager
3970 Rocklin Road
Rocklin, CA 95677

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

Contractor: Debbie Kern
Keyser Marston Associates, Inc. (KMA)
2040 Bancroft Way, Suite 302
Berkeley, California 94704

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 persons and over the subject matter of any such litigation in such cour t, 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.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 75 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 11

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

“CONTRACTOR”
KEYSER MARSTON ASSOCIATES, INC.

By: _________________________
Debbie Kern, Vice President

By: _________________________
David Doezema, Assistant Secretary

CITY OF ROCKLIN

By: __________________________
Aly Zimmermann, City Manager
DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 76 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 12

ATTEST:

By: _______________________
Haley Reid, Acting City Clerk

APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 77 1733390.1 9959-001

EXHIBIT A

Contractor Proposal/Scope of Work

Keyser Marston Associates, Inc. (KMA) will assist in evaluating the development economics of proposed real estate projects on an “as-requested” basis. Requested tasks may include:
 Evaluating a proposed project’s development costs and/or projected income to determine if they are consistent with market conditions;  Evaluating a proposed project’s value to determine if the underwriting assumptions are consistent with market conditions;
 Evaluating the financial strength of the developer and its equity partner(s);  Evaluating the proposed project’s debt and equity financing plan;  Evaluating a proposed project’s viability based on land-use and parking regulatory requirements;
 Determining if the proposed project is in need of a financial subsidy in order to be financially viable and, if so the magnitude and form of assistance that is warranted;  Evaluating city tax and fee revenues to be generated by a project;  Negotiating the business terms of a Development Agreement and/or Purchase and Sale Agreement;
 Preparing written reports summarizing the approach and findings of such analyses;  Assisting the City convey surplus properties for development;  Assisting with affordable housing transactions and policies, including determining the warranted amount of gap funding, selecting developers for sites, reviewing affordable pricing calculations, etc.; and
 Review the layering of funds for projects with HUD funding.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 78 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 2

EXHIBIT B

Schedule of Performance

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 June 30, 2024 unless sooner terminated as provided herein.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 79 Contract for Services
Keyser Marston Associates, Inc. (KMA)

1733390.1 9959-001 3

EXHIBIT C

Schedule of Fees

KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES
______________________________________________

2022/2023

CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00 SENIOR PRINCIPALS* $295.00
PRINCIPALS* $275.00
MANAGERS* $245.00
SENIOR ASSOCIATES $205.00
ASSOCIATES $185.00
SENIOR ANALYSTS $170.00
ANALYSTS $145.00
TECHNICAL STAFF $105.00
ADMINISTRATIVE STAFF $90.00

Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.

* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 80 1733390.1 9959-001

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 suc h provisions before commencing the performance of the work of this contract.

“CONTRACTOR”
KEYSER MARSTON ASSOCIATES, INC.

By: _________________________
Debbie Kern, Vice President

By: _________________________
David Doezema, Assistant Secretary

DocuSign Envelope ID: 713F2071-59CF-4CD0-97C1-711F2F375237 81 City Council
Staff Report

Subject:

Declaration of City Owned Surplus Property at 5240 Front Street (APN 010-144-003-000)
Date:

August 13, 2024
Submitted By:

Sherri Conway, Assistant City Manager
Department:

City Manager's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Declaring City Property Located at 5240 Front Street, Rocklin, Assessor’s Parcel Number 010-144-003, as Surplus.

Background:

The City of Rocklin owns a parcel at 5240 Front Street, totaling approximately 0.32 acres (13,986 square feet) specifically identified as Assessor’s Parcel Number (APN) 010-144-003- 000. In 2015, the City Council authorized by Resolution 2015-189, the purchase of the Property for future use as the Front Street Plaza. At that time, the concept was to provide the Rocklin community an additional recreational and cultural venue that could accommodate music and street fairs, cultural activities and art exhibits. Since that time, the City has developed Quarry Park, and has received increased interest from private developers to bring forward similar commercial concepts in the downtown area. Development of the property is consistent with Action 3.3 of the City’s 2022-2025 Economic Development Strategy, whereby investing in and maintaining the Quarry District infrastructure to pursue catalyst development opportunities is a priority. Sale of the property would allow private investment to occur.

The subject property is zoned Historic-District (H-D). The H-D zone was established to enhance the value and distinctive character of the city of Rocklin's historic Front Street area.

Development in the area will create an exciting and visible community, capitalizing on the area's proud heritage.

Effective January 1, 2020, the Surplus Land Act (AB 1486) (Act) was amended to address California’s shortage of affordable housing. In April 2021, the California Department of Housing and Community Development released the Surplus Land Act Guidelines (Guidelines), which further detailed the procedures and scenarios governed by the Surplus Land Act. Under the Act and its Guidelines, local agencies are required to take formal action in a regular public meeting to declare land surplus and not necessary for the agency’s use. The declaration must be supported by written findings.

Item Number 3

82 Following the City’s declaration, the City must notify various entities identified in the Act and its Guidelines (public agencies, affordable housing developers, parks and recreational districts, the State Resources Agency, local school districts, public entities in infill opportunity zones, etc.) and those registered with the State Department of Housing and Community Development of the surplus land availability. Any interested and qualified entities (pursuant to the requirements of the Act and its Guidelines) must notify the City of the desire to purchase or lease the land within 60 days of the release of the Notice of Availability. If the City receives a notice of interest, following the 60-day period, a subsequent 90-day good faith negotiation period commences. If no notices of interest are received, or if the price or terms cannot be agreed upon after the full 90-day good faith negotiation period, then the City may dispose of the surplus land without further regard to the Act, subject to certain affordability restrictions if the land is developed for residential use.

Prior to agreeing to terms for the disposition of the surplus land, the City must provide the Department of Housing and Community Development a description of the notices of availability sent, negotiations conducted with any responding entities, and a copy of any restrictions to be recorded against the property. The Department of Housing and Community Development then has 30 days to review the materials and process to ensure compliance with Act before the City can sell, lease, or otherwise dispose of the property.

Environmental Analysis:

The declaration of surplus land is not considered a project and is therefore exempt from the California Environmental Quality Act (CEQA).

Fiscal Impact:

There is no financial impact associated with the declaration of surplus land. Any future negotiations regarding the sale, lease or disposal of the property will come back to the City Council for consideration.

ATTACHMENTS:

1. Resolution

2. Resolution No. 2015-189 (Purchase of Front Street property) 83 RESOLUTION NO. 2024-
R

ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN DECLARING CITY PROPERTY LOCATED AT 5240 FRONT STREET, ROCKLIN,
ASSESSOR’S PARCEL NUMBER 010-144-003, AS SURPLUS
WHEREAS, the City of Rocklin owns a vacant, undeveloped parcel located at parcel of 5240 Front Street, Rocklin, California, Assessor’s Parcel No. 010-144-003; and WHEREAS, the property located at 5240 Pacific Avenue has a land use designation of Mixed Use and a Zoning Designation of Historic District; and WHEREAS, the sale of City property to a private entity may assist in the generation of quality developments, including, but not limited to, affordable housing; and W
HEREAS, pursuant to the Surplus Land Act (California Government Code Section 54220 et seq.) and the Guidelines as issued by the California Department of Housing and Community Development, the property must be formally declared as “surplus” and “not necessary” for the City’s use prior to any sale or lease of the surplus properties; and W
HEREAS, in accordance with the Surplus Land Act, the surplus propert y shall be subject to the Notice of Availability process prior to accepting offers for the sale of the property.

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

Section 1. The City of Rocklin hereby finds the above recitals to be true and correct findings of fact in support of the City’s declaration of the property located at 5240 Front Street, Rocklin, California, Assessor Parcel Number 010-144-003, as surplus land and not necessary for the City’s use.

Section 2. The City of Rocklin hereby declares the property located at 5240 Front Street, Rocklin, California, Assessor’s Parcel Number 010-144-003, as depicted in Exhibit “A”, attached hereto and incorporated herein, to be surplus land and not necessary for the City’s use, in accordance with the Surplus Land Act (California Government code Section 54220 et seq.) PASSED AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_________________________________
Greg Janda, Mayor
A
TTEST:
___
_________________________
Avinta Singh, City Clerk
84 Map of Surplus Property

85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
City Council
Staff Report

Subject:

Various Personnel Updates
Date:

August 13, 2024
Submitted By:

Tameka Usher, Director of Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Position Reallocation, Retitle, and Related Salary Range Changes, and Updated Salary Schedule.

Background:

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

Recently, Human Resources (HR) staff conducted a compaction analysis of management classifications in the Community Development Department. The analysis included a comparison of the base salary percentage differentials between the Director of Community Development, City Engineer/Deputy Director of Community Development, Manager of Planning Services, and Principal Planner. The analysis concluded the following:

2.5% salary differential between the Manager of Planning Services and Principal Planner, which is the highest-level subordinate classification to the Principal Planner.

Despite the difference in the classifications' duties and responsibilities, the salary is highly compacted. As a result of the compaction analysis and to prevent similar compaction issues with the Director of Community Development and City Engineer/Deputy Director of Community Development salaries, staff recommends the following changes:

Director of Community Development
The salary range be increased from salary range 32 to salary range 34.

City Engineer/Deputy Director of Community Development
The salary range be increased from salary range 27 to salary range 29.

Manager of Planning Services
The salary range be increased from salary range 19 to salary range 23.

In addition to a salary range change, HR recommends changing the title from Manager of Planning Services to Planning Manager to better reflect industry titling.

Reallocate 1.0 FTE Planning Services Manager allocation to Planning Item Number 4

101
Manager in the Community Development Department.

Management Salary Schedule:

Delete the Manager of Planning Services and add Planning Manager.

Fiscal Impact:

The fiscal impact from the staff recommendation is a total of approximately
$50,000 for the
three affected positions; however this is no anticipated impact in the Fiscal Year 2024/25 Operating Budget due to available salary savings.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Management Salary Schedule
102
RESOLUTION NO. 2024-

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE POSITION REALLOCATION, RETITLE, AND RELATED SALARY

RANGE CHANGES AND UPDATED SALARY SCHEDULE
WHEREAS, a compaction analysis of management classifications in the Community Development Department was recently conducted; and WHEREAS, staff recommends that the salary range for the Director of Community Development be changed from salary range 32 to salary range 34; and WHEREAS, staff recommends that the salary range for the City Engineer/Deputy Director of Community Development be changed from salary range 27 to salary range 29; and
WHEREAS, staff recommends the Manager of Planning Services be retitled to Planning Manager and the salary range be changed from salary range 19 to salary range 23; and
WHEREAS, the recommended changes require an update to the Management Salary Schedules.

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

Section 1. Effective, August 24, 2024, the title of the position of Manager of Planning Services is retitled to Planning Manager.

Section 2. Effective, August 24, 2024, the updated Management Salary Schedule, attached hereto as Exhibit “A”, is adopted.

PASSED AND ADOPTED this 13h day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Greg Janda, Mayor
Avinta Singh, City Clerk
103
Classification Range 1 2 3 4 5 6 7 8 9 10
Associate Management Analyst 5 76,313$ 78,984$ 81,748$ 84,610$ 87,571$ 90,636$ 93,808$ 97,091$ 100,490$ 104,007$ Payroll Administrator 6 78,221 80,959 83,792 86,725 89,760 92,902 96,153 99,519 103,002 106,607 Code Enforcement Program Manager 15 97,687 101,106 104,645 108,307 112,098 116,022 120,082 124,285 128,635 133,137 Management Analyst
Manager of Police Records and Communications
Principal Information Technology Analyst 16 100,129 103,634 107,261 111,015 114,901 118,922 123,084 127,392 131,851 136,466 Parks and Recreation Manager 17 102,632 106,225 109,942 113,790 117,773 121,895 126,162 130,577 135,147 139,878 Public Works Manager
City Clerk 18 105,198 108,880 112,691 116,635 120,717 124,943 129,316 133,842 138,526 143,374 Manager of Building Services
Principal Planner
Senior Engineer
Senior Management Analyst
Principal Management Analyst 20 110,524 114,392 118,396 122,540 126,829 131,268 135,862 140,617 145,539 150,633

Information Technology Manager 22 116,119 120,183 124,390 128,743 133,249 137,913 142,740 147,736 152,907 158,259 Chief Building Official 23 119,022 123,188 127,500 131,962 136,581 141,361 146,309 151,429 156,730 162,215 Planning Manager
Deputy Director of Administrative Services 26 128,174 132,660 137,303 142,109 147,082 152,230 157,558 163,073 168,781 174,688 City Engineer/Deputy Director of Community
Development 29 138,029 142,860 147,860 153,036 158,392 163,935 169,673 175,612 181,758 188,120 Deputy Fire Chief 31 145,017 150,093 155,346 160,783 166,410 172,235 178,263 184,502 190,960 197,643 Assistant City Attorney
Director of Parks and Recreation 32 148,642 153,845 159,229 164,803 170,571 176,541 182,719 189,115 195,734 202,584 Director of Public Works 34 156,167 161,633 167,290 173,146 179,206 185,478 191,970 198,689 205,643 212,840 Director of Community Development
Police Captain 35 160,072 165,674 171,473 177,474 183,686 190,115 196,769 203,656 210,784 218,161

CITY OF ROCKLIN

MANAGEMENT SALARY SCHEDULE
(Annual Salary)
Effective August 13, 2024
104
Classification Range 1 2 3 4 5 6 7 8 9 10
Director of Administrative Services 36 164,073 169,816 175,760 181,911 188,278 194,868 201,688 208,747 216,053 223,615

Assistant City Manager 38 172,380 178,413 184,657 191,120 197,810 204,733 211,899 219,315 226,991 234,936 Fire Chief 40 181,106 187,445 194,006 200,796 207,824 215,098 222,626 230,418 238,482 246,829 Police Chief
Salary Resolution No. Date Adopted
City Attorney 230,625 2024-158 06/25/2024
City Manager 268,632 2024-158 06/25/2024
105
City Council
Staff Report

Subject:

Community Development Department Quarterly Building Report Date:

August 13, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Receive the Quarterly Building Report for the Quarter which ended June 30, 2024.

Item Number 5

ATTACHMENTS:

1. Community Development Department Quarterly Building Report - April through June 2024 106

CITY OF ROCKLIN
Community Development Department
Building Division

MONTHLY BUILDINGREP ORTS
April – June 2024
107

NUMBER OF

PERMITS ISSUED
8 1
1 2
4 1
1 58
4 3
12 1
9 29
14 1
13 1
1 1
1 7
3 4
15 8
7 33
1 9
1 11
8 3
18 1
11 1
5 2
2 BLDG PLANNING PERMIT $11,100.00 $1,495.00
PATIO COVER $75,517.50 $4,379.04
SIGN $11,100.00 $1,495.00
DWELLING $4,198,445.33 $322,714.87
OTHER $24,700.00 $839.96
RES 1 2 FAMILY NEW $4,325,406.43 $329,108.10
DETACHED GARAGE $26,743.60 $1,174.23
ROOFING $118,690.00 $3,578.32
SIDING $29,300.00 $1,578.65
DWELLING $68,687.52 $2,902.22
OTHER $405,371.16 $11,014.00
ADDITION $60,000.00 $2,608.05
ALTERATIONS $322,327.00 $9,147.14
POOL/SPA $365,129.24 $7,203.73
RES 1 2 FAMILY ALTER $1,004,375.68 $30,828.38
POOL $894,063.83 $15,651.50
POOL $528,934.59 $8,447.77
OTHER $24,848.00 $1,075.50
WATER HEATER-RES $9,897.00 $1,294.00
Unassigned $107,690.00 $368.00
PLUMBING $34,745.00 $2,369.50
ELEC/MECH/PLUM-RES $18,000.00 $465.50
PERMIT REISSUE $107,690.00 $368.00
HVAC-RES $235,458.00 $4,349.50
MISCELLANEOUS $18,000.00 $465.50
MECHANICAL $245,458.00 $4,675.80
HVAC-COM $10,000.00 $326.30
PHOTOVOLTAIC-RES $150,642.79 $4,039.85
PV/ESS-RES $1,112,605.09 $33,971.10
EVCS - RES $13,007.00 $4,144.00
OTHER $1,750.00 $323.50
ELECTRICAL PANEL-RES $17,820.00 $1,294.00
ESS-RES $51,333.00 $1,754.50
RES 1 2 FAMILY $20,000.00 $683.50
ELECTRICAL $1,347,157.88 $45,526.95
TENANT IMPROVEMENT $366,947.00 $18,391.99
DEMOLITION $20,000.00 $683.50
OTHER $24,000.00 $1,345.14
ROOFING $312,070.00 $9,353.37
COMMERCIAL ALTER $960,076.00 $35,916.32
ALTERATIONS $257,059.00 $6,825.82
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 4/1/2024 and 4/30/2024

PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 2 108
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 4/1/2024 and 4/30/2024
32 32
16 16
206
Unassigned $42,768.00 $5,176.00
Totals: $9,574,042.67 $482,620.55
Unassigned $563,201.85 $10,356.00
WEB RES WATER HEATER $42,768.00 $5,176.00
WEB RES HVAC $563,201.85 $10,356.00
Printed: 2 of 2 109

NUMBER OF PERMITS
ISSUED
7 3
2 2
1 1
1 1
1 1
67 8
2 10
3 1
5 38
20 3
17 1
1 1
1 2
2 7
2 5
10 3
7 42
12 14
14 2
40 1
31 DWELLING $10,134,378.83 $1,003,897.95
RES 1 2 FAMILY NEW $10,239,294.59 $1,011,074.29
DETACHED GARAGE $28,389.36 $1,457.76
ROOFING $289,558.47 $6,143.00
SIDING $44,570.00 $1,212.79
ALTERATIONS $541,063.00 $16,518.93
OTHER $220,481.00 $8,494.17
POOL/SPA $726,687.00 $8,847.78
RES 1 2 FAMILY ALTER $1,095,672.47 $32,368.89
POOL $926,224.00 $12,153.18
POOL $199,537.00 $3,305.40
OTHER $32,926.16 $728.48
WATER HEATER-RES $108,209.00 $1,620.50
Unassigned $111,258.40 $787.60
PLUMBING $141,135.16 $2,348.98
OTHER $150,000.00 $4,409.29
PERMIT REISSUE $111,258.40 $787.60
ELEC/MECH/PLUM-COM $7,000.00 $918.44
MULTI FAMILY ALTER $150,000.00 $4,409.29
HVAC-RES $294,615.84 $5,940.70
MISCELLANEOUS $7,000.00 $918.44
MECHANICAL $376,401.84 $7,071.70
HVAC-COM $81,786.00 $1,131.00
PHOTOVOLTAIC-RES $55,314.00 $2,315.60
PV/ESS-RES $1,432,688.22 $44,745.34
OTHER $63,025.00 $1,953.70
PHOTOVOLTAIC-COM $161,040.00 $1,234.00
ESS-RES $22,505.00 $1,254.20
EVCS - RES $16,616.48 $3,377.00
ELECTRICAL $1,789,588.70 $57,467.84
ELECTRICAL PANEL-RES $38,400.00 $2,588.00
DEMOLITION $14,500.00 $485.82
OTHER $14,500.00 $485.82
COMPRESSED GAS $2,380.95 $849.00
Unassigned $2,380.95 $849.00
COMMERCIAL NEW $115,997.50 $3,257.74
OTHER $115,997.50 $3,257.74
OTHER $71,124.00 $1,904.12
ROOFING $146,222.31 $2,424.63
COMMERCIAL ALTER $286,655.31 $11,528.91
ALTERATIONS $69,309.00 $7,200.16
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 5/1/2024 and 5/31/2024

PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 2 110
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 5/1/2024 and 5/31/2024
8 3
3 69
69 12
12 284Totals: $16,342,856.59 $1,173,275.68
WEB RES WATER HEATER $33,410.06 $3,882.00
Unassigned $33,410.06 $3,882.00
WEB RES HVAC $1,044,137.61 $22,324.50
Unassigned $1,044,137.61 $22,324.50
SIGN $9,200.00 $2,347.50
BLDG PLANNING PERMIT $9,200.00 $2,347.50
PATIO COVER $76,526.40 $5,718.58
Printed: 2 of 2 111

NUMBER OF PERMITS
ISSUED
4 1
2 1
1 1
1 1
45 7
1 10
4 1
4 18
26 2
24 2
1 1
1 1
7 2
1 1
3 6
3 3
47 14
17 15
1 23
1 13
9 Permits Issued - Summary by Type
City of Rocklin
Date Range Between 6/1/2024 and 6/30/2024

PERMIT TYPE VALUATION FEES CHARGED
ROOFING $485,184.00 $4,774.16
TENANT IMPROVEMENT $275,000.00 $10,191.18
COMMERCIAL ALTER $885,184.00 $18,540.80
ALTERATIONS $125,000.00 $3,575.46
DEMOLITION $10,000.00 $444.50
RES 1 2 FAMILY $10,000.00 $444.50
COMMERCIAL NEW $400,000.00 $82,016.62
BUILDING $400,000.00 $82,016.62
ESS-RES $16,000.00 $1,161.39
EVCS - RES $16,727.00 $3,235.00
ELECTRICAL $907,989.00 $31,031.81
ELECTRICAL PANEL-RES $26,618.00 $2,453.50
PHOTOVOLTAIC-RES $71,382.00 $1,851.60
PV/ESS-RES $674,293.00 $20,941.90
OTHER $13,519.00 $1,022.10
PHOTOVOLTAIC-COM $89,450.00 $366.32
HVAC-RES $479,672.82 $7,993.60
MISCELLANEOUS $40,400.00 $1,325.36
MECHANICAL $565,352.82 $8,666.59
HVAC-COM $85,680.00 $672.99
PERMIT REISSUE $23,277.00 $368.00
Unassigned $23,277.00 $368.00
ELEC/MECH/PLUM-COM $40,000.00 $859.86
ELEC/MECH/PLUM-RES $400.00 $465.50
SOLAR PANELS-RES $6,880.00 $323.50
WATER HEATER-COM $6,220.00 $323.50
PLUMBING $47,803.00 $2,556.50
OTHER $24,300.00 $789.00
POOL $240,000.00 $3,537.70
POOL/SPA $373,390.00 $3,557.03
WATER HEATER-RES $10,403.00 $1,120.50
POOL $613,390.00 $7,094.73
OTHER $223,497.43 $8,016.66
ROOFING $298,682.00 $6,482.50
RES 1 2 FAMILY ALTER $1,065,303.53 $33,919.60
ALTERATIONS $475,124.10 $17,905.14
ACCESSORY BUILDING $60,000.00 $2,358.62
DWELLING $3,569,846.91 $391,676.73
SIDING $68,000.00 $1,515.30
RES 1 2 FAMILY NEW $3,763,157.31 $401,956.83
PATIO COVER $133,310.40 $7,921.48
Printed: 1 of 2 112
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 6/1/2024 and 6/30/2024
4 4
70 70
9 9
246
BLDG PLANNING PERMIT $25,750.00 $3,157.12
WEB RES HVAC $1,156,451.47 $22,653.00
SIGN $25,750.00 $3,157.12
Unassigned $36,632.00 $2,911.50
Totals: $9,540,690.13 $616,642.96
Unassigned $1,156,451.47 $22,653.00
WEB RES WATER HEATER $36,632.00 $2,911.50
Printed: 2 of 2 113
City Council
Staff Report

Subject:

City Engineer - Interim Authorization
Date:

August 13, 2024
Submitted By:

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

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing Larry M. Wing, Senior Engineer, to Sign Improvement Plans and Notices of Completion on behalf of the City Engineer.

Background:

The incumbent City Engineer resigned from his employment with the City, effective July 26, 2024, and a recruitment is current underway to fill the position.

The Subdivision Map Act (California Government Code Section 66499.7(j)) states “The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe.”

To maintain continuity of City services until such time that a new City Engineer is hired, staff recommends the interim authorization of Larry Wing, Senior Engineer, as a City employee who is authorized to approve Improvement Plans and Notices of Completion and releasing security for construction improvements completed within the City is desired on an interim basis.

Mr. Wing has been a licensed Professional Engineer since 1978 and meets the qualifications to perform these services.

Fiscal Impact:

There is no fiscal impact to the staff recommendation.

Item Number 6

ATTACHMENTS:

1. Resolution
114
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROCKLIN AUTHORIZING LARRY M. WING, SENIOR ENGINEER,

TO SIGN IMPROVEMENT PLANS AND NOTICES OF COMPLETION

ON BEHALF OF THE CITY ENGINEER
WHEREAS, the position of City Engineer is currently vacant; and WHEREAS, the City Council desires to temporarily authorize a City employee to sign Improvement Plans and Notices of Completion, until a permanent City Engineer is selected and assumes that office; and
WHEREAS, pursuant to Government Code Section 66499.7(j), the legislative body may authorize any of its public officers or employees to authorize the release or reduction of the security for said improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Larry M. Wing is hereby authorized to sign Improvement Plans and Notices of Completion.

PASSED AND ADOPTED this 13th day of August, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
115
City Council
Staff Report

Subject:

West Oaks Townhomes Public Improvements Notice of Completion Date:

August 13, 2024
Submitted By:

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

Community Development
Recommendation:

Background:

The tentative subdivision map for West Oaks Townhomes (SD2017-0013) was approved by the City Council on November 13, 2018 (per Resolution No. 2018-296). On May 12, 2020, the City Council approved the Final Map for West Oaks Townhomes (recorded in Book FF of Maps, at Page 14 in the Office of the Recorder of Placer County) and authorized the execution of a Subdivision Improvement Agreement (per Resolution No. 2020-85). The agreement required the developer, THE RESIDENCES AT WEST OAKS, LLC, to construct certain improvements within City right of way on West Oaks Boulevard as shown in Exhibit “A” of the Notice of Completion.

The City’s Engineering Division has completed final inspections and found the work to be complete and in accordance with the plans and specifications. The project is now ready for acceptance. City Council approval of the resolution (Attachment 1), and subsequent recordation of the Notice of Completion, will allow the City to begin maintenance of the improvements within West Oaks Boulevard.

Fiscal Impact:

There is no direct fiscal impact from the staff recommendation. The improvements will be maintained by the City, funded through Community Facilities District No. 5.

Item Number 7

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit 1 - Notice of Completion

3. Vicinity Map
116

Page 1 ends

Reso No.

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROCKLIN ACCEPTING THE PUBLIC WORK KNOWN
AS WEST OAKS TOWNHOMES PUBLIC IMPROVEMENTS (SD2017-0013),

APPROVING THE NOTICE OF COMPLETION,

AND AUTHORIZING AND DIRECTING THE SENIOR ENGINEER

TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY
WHEREAS, the West Oaks Townhomes project installed public utilities and improvements within the City right of way within West Oaks Boulevard; and WHEREAS, the City’s Engineering Division deems the work complete in accordance with the plans and specifications, and ready for acceptance.

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

Section 1. The Notice of Completion on file in the City Clerk’s Office relative to that public work known as West Oaks Townhomes Public Improvements (SD2017-0013), attached hereto and incorporated herein as Exhibit “1” is approved and the public work accepted.

Section 2. The Senior Engineer is hereby authorized and directed to execute said Notice on behalf of the City of Rocklin.

PASSED AND ADOPTED this 13 th day of August, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
117
Exhibit “1”
Notice of Completion
118
Recording Requested by
and Return to:

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code § 27383
No Documentary Transfer Tax -$0-
Per Rev & Tax Code § 11922

NOTICE OF COMPLETION
On November 13, 2018, the City Council of the City of Rocklin, located at 3970 Rocklin Road, Rocklin, California, approved the West Oaks Townhomes Tentative Subdivision Map (City Council Resolution No. 2018-296) and a condition of said map was the construction of public improvements. The final site improvement plans included the final layout for the public improvements were approved by the City Engineer on June 25, 2020. The Final Map of the West Oaks Townhomes Subdivision was approved by Resolution No. 2020-85 of the City Council of the City of Rocklin and was recorded with the County Recorder of Placer County in Book FF of Maps, at Page 14.

NOTICE IS HEREBY GIVEN that the public work known as West Oaks Townhomes Subdivision Improvements (SD2017-0013) is complete. The location of said public work (improvements within West Oaks Boulevard City of Rocklin right-of-way) is indicated on the map attached hereto as Exhibit “A” and incorporated herein by this reference. The developer of said project was THE RESIDENCES AT WEST OAKS, LLC. The surety on said project was Harco National Insurance Company. The date of completion was July 31, 2024.

I, Larry M. Wing, being first duly sworn, depose and say: I am the Senior Engineer of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice of Completion. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:
_________________________
_
Avinta Singh, City Clerk
City of Rocklin
_________________________________________
Senior Engineer - City of Rocklin, 3970 Rocklin
Road, Rocklin, California – Owner of the Public
Work Improvements – West Oaks Townhomes
(SD2017-0013)
119
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Signature:_______________________________________ Larry M. Wing
Senior Engineer, City of Rocklin
120
EXHIBIT “A”

NOTICE OF COMPLETION OF IMPROVEMENTS

WEST OAKS TOWNHOMES

PUBLIC IMPROVEMENTS

NOTICE OF COMPLETION

WEST OAKS TOWHHOMES

PUBLIC IMPROVEMENTS
RESOLUTION NO. 2024-
121

122
City Council
Staff Report

Subject:

Resolution of Intent to Annex - West Rocklin Annexation Date:

August 13, 2024
Submitted By:

Anna Leanza, Principal Planner
David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Background:

The staff report for this item is included as Attachment 1 in order to maintain the integrity of the formatting.

Item Number 8

ATTACHMENTS:

1. Staff Report

2. Resolution

3. Resolution - Exhibit A
123
City Council
Staff Report
__________________________________________
Subject: Resolution of Intent to Annex - West Rocklin Annexation Date: August 13, 2024
Submitted by: Anna Leanza, Principal Planner
David Mohlenbrok, Director of Community Development
Department: Community Development
Recommendation:

Project Description:

Staff recommends the City Council adopt a Resolution of Intent to Annex two parcels totaling 6.28 acres , which were formerly part of the California Department of Transportation (Caltrans) right-of-way along State Route 65. Parcel 1 (Assessor’sParcel Number 365 -020-076) is approximately 2.9 acres , and Parcel 2 (Assessor ’s Parcel Number 017-276-003) is approximately 3.4 acres. The adoption of a Resolution of Intent to Annex is a prerequisite for the City to submit to LAFCO an applicat ion for the annexation.

Project Ownership and Applicants:

The property owner for Parcel 1 is Black Iris LLC. The property owner for Parcel 2 is Jessup University.

Location, Background, and Site Characteristics:

The proposed annexation pertains to two, geographically separate, parcels along the easterly edge of the State Route 65 right of way. Parcel 1 is located at the westerly terminus of West Oaks Boulevard and is approximately 3.4 acres. Parcel 2 lies west of University Avenue and south of Orchid Drive, and is approximately 2.9 acres (Figure 1). 124
Figure 1. Project Location
The parcels proposed for annexation were formerly Caltrans rights-of-way (ROW), acquired when State Route 65 was originally constructed, and intended to accommodate street overcrossings of the freeway. After determining the overcrossings would not be necessary, Caltrans declared the properties as surplus and sold them to private buyers.

The proposed annexation sites are generally flat and covered with native and naturalized grasses and other low growing vegetation. Unnamed seasonal drainage ways cross the easterly portions of both sites before flowing into larger seasonal wetlands to the south.

Both parcels are vacant and there is no evidence that either site has been previously developed. Neither site has viable access except through adjacent parcels in the City of Rocklin, thus the future development potential of these parcels will be greatly facilitated by their annexation into the City of Rocklin.

Parcel 1 is owned by Black Iris Properties LLC, which acquired the property in 2022. Black Iris Properties also owns 12.5 acres located immediately south of Parcel 1, which are designated as a Regional Housing Needs Allocation (RHNA) site in the Rocklin Housing Element (adopted 2021) and are zoned for high density residential development at a minimum density of 24+ dwelling units per acre. On January 23, 2024 the City Council approved a 371-unit market rate multi-family development, the West Oaks Apartments 125
project, on the Black Iris Properties parcels. As the application included the parcel that is not currently in the City limits, the approvals for that project are contingent upon the successful annexation of the former Caltrans parcel into the City.

Parcel 2 is owned by Jessup University and was also formerly part of the ROW for State Route 65 deemed surplus by Caltrans. To date, there has been no discussion of any potential development of the property, alone or in combination with an adjacent parcel.

However, as noted above, as this site has no viable access except through parcels in the City of Rocklin, its development potential will be greatly enhanced with annexation into the City. Given the above, staff and the property owner believe that including Parcel 2 was a logical addition to the annexation.

Surrounding Land Uses:

Parcel 1 is bounded by industrial uses to the north, residential uses to the south and east, and State Route 65 to the west. See Table 1 and Figure 2 for surrounding uses, land use designations and zones. Parcel 2 is bounded by business professional, commercial and open space uses to the north and east, industrial uses to the south, and State Route 65 to the west. See Table 2 and Figure 3 for surrounding uses, land use designations and zones for Parcel 2.

Table 1. Parcel 1 Surrounding Uses
Current Use Current General Plan
Designation/Zoning
Project
Site Vacant Light Industrial (LI) / No City Zoning
North Industrial
Buildings
Light Industrial (LI) / Planned
Development-Light Industrial (PD-LI)
South Vacant
High Density Residential (HDR) / Planned
Development 24+ Dwelling Units per Acre
(PD-24+)
West State Route 65 No City General Plan Designation or Zoning
East Vacant
High Density Residential (HDR) / Planned
Development 24+ Dwelling Units per Acre
(PD-24+)
126
Figure 2. Parcel 1 Surrounding Land Use Designations and Zones Table 2. Parcel 2 Surrounding Uses
Current Use Current General Plan Designation/Zoning
Project
Site Vacant Business Professional (BP) and Recreation
Conservation (R-C) / No City Zoning
North Vacant Business Professional (BP) / Planned Development Business Professional / Commercial (PD-BP/C)
South Vacant Light Industrial / Planned Development Light Industrial (PD-LI), Open Space (OS)
West State Route
65 No City General Plan Designation or Zoning
East
Open Space
and Ansel
Park Assisted
Living
Business Professional (BP) & Open Space (OS) /
Planned Development Business Professional /
Commercial (PD-BP/C) & Open Space (OS)
127
Figure 3. Parcel 2 Current General Plan/Zoning
General Plan and Zoning Compliance:

Both parcels are located within the City’s SOI and have existing General Plan land use designations as noted above. Because neither parcel is within the incorporated area of the City, they do not have existing zoning. Prior to completion of the annexation process, each parcel with will be given a zoning designation (pre-zoning) that is a logical extension of adjacent sites. Staff is currently preparing to bring forward a General Plan amendment to change the land use designation of Parcel 1 from Light Industrial to High Density Residential (HDR) and to Pre-zone the site R-3 for general consistency with the approved West Oaks Apartments project. Parcel 2 has existing General Plan land use designations of Business Professional (BP) and Recreation Conservation (R-C) that will remain unchanged and staff will be bringing forward a proposal to pre-zone this parcel to Business Professional (B-P).

Environmental Determination:

The Mitigated Negative Declaration (MND) prepared for the West Oaks Apartments project, consistent with the requirements of the California Environmental Quality Act (CEQA) and approved by the City Council on January 23, 2024 by Resolution No. 2024- 036, included Parcel 1 in the study area and the environmental analysis. Staff has determined that document sufficiently analyzed potential impacts of annexation and development of the site and appropriate mitigation measures were included in the MND.

As no changes are proposed to the existing General Plan land use designation of Parcel 2, staff has determined that the Environmental Impact Report (EIR) prepared for the City’s 128
2012 General Plan Update, approved by the City Council on October 10, 2012 by Resolution No. 2012-170, adequately considered any potential impacts resulting from the annexation and future development of the site. Furthermore, any proposed future development of Parcel 2 will be evaluated under CEQA to determine if the General Plan Update EIR sufficiently addresses any potential environmental effects, or if additional environmental review is necessary.

Overall, the annexation of a total of 6.28 acres into the City of Rocklin is a minor addition to the City and is not expected to have significant new or additional impacts not reviewed in the previously completed environmental documents, and no further environmental review is necessary at this time.
129
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

OF INTENT TO ANNEX AND A REQUEST FOR THE LOCAL AGENCY FORMATION

COMMISSION (LAFCO) OF PLACER COUNTY TO INITIATE PROCEEDINGS TO

ANNEX TWO ISLANDS OF COUNTY PROPERTY CONSISTING OF TWO PARCELS ADJACENT TO THE EAST SIDE OF STATE ROUTE 65
(ANEX2022-0002 / West Rocklin Annexation)
WHEREAS, the City desires to initiate proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (CKH), commencing with section 56000 of the California Government Code (GC), for the West Rocklin Annexation, a reorganization that would concurrently annex territory to the City of Rocklin (Rocklin), annex said area to the South Placer Municipal Utility District (SPMUD), and detach it from County Service Area (CSA) 28; and,
WHEREAS, this reorganization is being proposed upon a Resolution of Intent to Initiate Proceedings for annexation through the Placer County Local Area Formation Commission for the subject reorganization filed by the City on behalf of Black Iris Properties, LLC and Jessup University; and,
WHEREAS, the territory proposed to be annexed (“Annexation Area”) are uninhabited islands of unincorporated territory containing approximately 6.28 acres and a legal description and maps of the boundaries of the annexation areas are set forth in Exhibit A, attached hereto and by this reference incorporated herein; and, WHEREAS, the territory proposed to be annexed is completely surrounded by the City of Rocklin and State Route 65 as depicted in Exhibit A attached hereto; and, WHEREAS, the proposal would not result in annexation to the City of Rocklin of land that is subject to a contract executed pursuant to the Williamson Act; and, WHEREAS, the California Environmental Quality Act (CEQA) clearance for this annexation is an Environmental Impact Report prepared for the General Plan Update, which includes both Annexation Parcels 1 and 2, adopted by the City Council of the City of Rocklin, as lead agency, on October 10, 2012 (Resolution No. 2012-170), and a Mitigated Negative Declaration prepared for the West Oaks Apartments project, which includes Annexation Parcel 1, approved by City Council on January 23, 2024 (Resolution No. 2024-036); and,
WHEREAS, a notice for the City Council public meeting was published in the Placer Herald, a newspaper of general circulation, on August 2, 2024; and where notices were placed on the sites on July 31, 2024; and
130

Page 2 ends

Reso No. 2024-
WHEREAS, the City Council of the City of Rocklin conducted a public meeting on August 13, 2024, to consider the recommendation of initiation of the reorganization for the West Rocklin Annexation; and
WHEREAS, the West Rocklin Annexation area is located within the City of Rocklin’s adopted Sphere of Influence (SOI) as identified on the City of Rocklin General Plan land use diagram; and
WHEREAS, the West Rocklin Annexation is an “unincorporated island” as defined by the CKH Act, GC Section 56375.3 because:
1) The area proposed for annexation is substantially surrounded by the city in which the annexation will take place and
2) The unincorporated area proposed for annexation is less than 150 acres; and WHEREAS, the principal reasons for the proposed reorganization are to eliminate two islands of unincorporated county land which does not provide for efficient delivery of services, and the annexation will be for the benefit of, and in the best interests of, the present and future land owners and inhabitants of both the City of Rocklin and the territory annexed; and
WHEREAS, the following agency or agencies would be affected by the proposed jurisdictional changes:

Agency Nature of Change
City of Rocklin Annexation,
South Placer Municipal Utility District Annexation,
County Service Area 28 Detachment
and
WHEREAS, this proposal is consistent with adopted spheres of influence for the agencies subject to this reorganization; and
WHEREAS, it is desired to provide that the proposed reorganization be subject to the following terms and conditions:

1. Prior to completion of the annexation, the affected properties shall be pre-zoned consistent with existing or proposed land use designations in the Rocklin General Plan.

2. Zoning shall not be effective until after the completion of the annexation.

3. Construction shall not take place on either parcel prior to completion of the annexation.
131

Page 3 ends

Reso No. 2024-
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The City Council initiate the West Rocklin Annexation, as described and shown in Exhibit A, attached hereto and incorporated herein, and authorize and direct the Community Development Director or his designee to submit an annexation application to the Local Agency Formation Commission of Placer County.

PASSED AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
132

EXHIBIT A

RESOLUTION OF INTENT TO ANNEX - WEST ROCKLIN ANNEXATION 133
Parcel 1 Assessor Parcel
134
EXHIBIT"A"
A portion of those parcels of land in the Northwest quarter of Section 15 and Southwest quarter of Section 10, Township 11 North, Range 6 East, Mount Diablo Base and Meridian, (1) described in deed to the State of California recorded December 28, 1971 in Volume 1391, Page 409, (2) described in deed to the State of California recorded February 3, 1972 in Volume 1398, Page 60, and (3) described in deed ·to the State of California recorded October 17, 1986 in Book 3059, Page 321, Official Records of Placer County, said portion is particularly described as follows:

BEGINNING at a point in the North line of said Section 15, distant North 89 °23'52" East 1610.12 feet from the northwest corner of said Section 15; THENCE from said POINT OF BEGINNING coincident and along said course North 89° 23' 53" East 324.75 feet, also being the southerly line of the parcel of land described in the deed to the State of California recorded October 17, 1986 in Book 3059, Page 321 Official Records of Placer County, to the easterly line of said parcel of land; Thence coincident and along the easterly line of said land North 0°04'32" East 110.01 feet to the southerly line of the parcel of land described in the deed recorded October 17, 1986 in Volume 3059, Page 325 Official Records of Placer County; Thence coincident and along the southerly line of said land the following two courses:
1) South 89 ° 23'52" West, 285.00 feet;
2) North 87 ° 56'04" West 756.58 feet to a point on the easterly line of existing State Route 65;
Thence coincident and along the easterly line of said existing State Route 65 South 0°03'37" West, 200.00 feet to a point on the northerly line of the parcel of land described in the deed recorded on January 30, 1990 in Book 3818, Page 246 Official Records of Placer County;
Thence coincident and along the northerly line of said land North 85°01 '46" East 719.11 feet to the POINT OF BEGINNING.

There shall be no abutter's rights, including access rights, appurtenant to the above described real property in and to the adjacent State freeway.

The bearings and distances used in the above description are based on California State Coordinate System of 1927, Zone 2. Ground distances are in U.S. Survey Feet. Multiply the ground distances by 0.99992 to obtain grid distances. 135
Parcel 2 Assessor Parcel
136
137
City Council
Staff Report

Subject:

Blue Oaks Boulevard Pedestrian Signal Project – PG&E Contract Date:

August 13, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Background:

On May 14, 2024, the City Council awarded a construction contract to Central Valley Engineering and Asphalt, Inc. (CVEA) to construct four separate projects packaged together and known as the Various Roadway and Pedestrian Improvements Project. One of these four projects is the Blue Oaks Boulevard Pedestrian Signal Project (No. 50177). The CVEA construction contract includes the installation of a new traffic signal at the open space areas on Blue Oaks Boulevard to connect the existing multi-use pathways.

On September 1, 2023, the City submitted a PG&E service request application to provide power to the traffic signal. An approved design drawing was received from PG&E on April 25, 2024, and on June 24, 2024, the City received a draft agreement from PG&E with a cost to provide the necessary upgrades required to replace an existing mainline electrical switch and install an above ground transformer. The agreement with PG&E is non-negotiable and the total cost to the City for these improvements is $193,944.96.

Environmental Analysis:

The Blue Oaks Boulevard Pedestrian Signal Project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines under Section 15301 – Existing Facilities as per City Council Resolution No. 2024-111 from May 14, 2024.

Fiscal Impact:

The project's expenditure budget will need to be increased by $193,950, City Council approval of the staff recommendation will authorize an adjustment from the fund balance of the SB325 Sale Tax Fund (Fund 210) to support the project.

Item Number 9

138

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Pacific Gas and Electric Agreement 139
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AN AGREEMENT TO PERFORM TARIFF SCHEDULE RELATED

WORK WITH PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE

BLUE OAKS BOULEVARD PEDESTRIAN SIGNAL PROJECT AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the Blue Oaks Boulevard Pedestrian Signal Project will install a new traffic signal at Blue Oaks Boulevard at the open space; and WHEREAS, on June 24, 2024, staff received a non-negotiable PG&E contract in the amount of $193,944.96 in order for PG&E crews to install system upgrades allowing the City to receive electrical service; and WHEREAS, the SB325 Sales Tax Fund (Fund 210) will be used to support this contract.

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

Section 1. Approves the Agreement to Perform Tariff Schedule Related Work with PG&E for the Blue Oaks Boulevard Pedestrian Signal Project in the amount of $193,944.96 and authorizes and directs the City Manager to execute the agreement attached hereto as Exhibit “A” and incorporated herein by this reference.

Section 2. The City Manager is authorized to increasing the expenditure budget by $193,950 for the Blue Oaks Boulevard Pedestrian Signal Project (Project No. 50177) from the fund balance of the SB325 Sale Tax Fund (Fund 210).

PASSED AND ADOPTED this 13th of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
140
126966766
June 23, 2024
Customer Payment
Coupon
References
Notification # 126966766
Contract # 50102032 V1
ETC1-PM # 35541129
Customer # 4309554
Hunter Young
3970 Rocklin Road
ROCKLIN, CA 95677
Customer Cost Summary

BLUE OAKS BOULEVARD, ROCKLIN
Amounts Due Total Due
Traffic Control Non-Refundable Payment $193,944.96
$193,944.96
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call 1-800-422-0436
141

Page 1 of 2 ends

* Automated document, Preliminary Statement, Part A
126966766
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
Pacific Gas and Electric Company
Agreement to Perform
Tariff Schedule Related Work
DISTRIBUTION:

Applicant (Original)
Division (Original)
ACCTG. SVCS.

REFERENCES:
126966766Notification #
50102032Contract #
35541129PM #
1V
June 23, 2024
Hunter Young, AN INDIVIDUAL (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein.

PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:

1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it.

2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.

3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):

BLUE OAKS BOULEVARD, ROCKLINLOCATION:

Install Traffic Controller Service Point(s) and/or Circuit(s)DESCRIPTION OF WORK:

Costs Subject to Allowance:
$13,023.87 Engineering & Administrative Costs
Including Applicant Design Value of $0.00
TC Svc Delivery Point Extn - Facilities & Connection $140,168.85 (+) Total Amount Subject to Allowance $153,192.72 (=)
$890.34 Traffic Control Allowance (-)
Traffic Control Svc Delivery Point Extension Allowance $0.00 (-) Balance $152,302.38 (=)
Non-Refundable Costs:

Balance (from above) $152,302.38
Re-Engineering, Inspection, Land, Permits $1,746.66 (+) Additional Applicant Design Review $0.00 (+)
TC Svc Dlvry Pnt Extn - Excavation, Conduit, Substructures $12,183.97 (+) Other Costs $0.00 (+)
Subtotal $166,233.01 (=)
24%plus ITCC @ $39,895.92 (+)
Value of Traffic Control Trench, Excavation & Conduit for Others $0.00 (+) Traffic Control Extension - Connection Only $0.00 (+)
Total Non-Refundable Costs $206,128.93 (=)
Credits for Applicant Provided Work:

Applicant Design Work $0.00 (-)
TC Svc Dlvry Pnt Extn - Excavation, Conduit, Substructures $12,183.97 (-) Total Traffic Control Non-Refundable Payment $193,944.96 (=) #Form 62-4527#
142

Page 2 of 2 ends

* Automated document, Preliminary Statement, Part A
126966766
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of One hundred ninety-three thousand nine hundred forty-four dollars and ninety-six cents $193,944.96 Upon completion of requested work, ownership shall vest in: PG&E Applicant Executed this #signDayWPA# day of #signMonWPA# #signYrWPA# Hunter Young, AN INDIVIDUAL
Applicant

PACIFIC GAS & ELECTRIC COMPANY
By: #sigWPA# By: Dave Bond
Hunter Young
Print/Type/Name
Title: Managing Director Service Planning SupervisorTitle:
#titleWPA#
Mailing Address: 3970 Rocklin Road
ROCKLIN, CA 95677
143
City Council
Staff Report

Subject:

Whitney Ranch Parkway Widening Project
Date:

August 13, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving the Plans and Specifications for the Whitney Ranch Parkway Widening Project and Authorizing City Staff to Call for Bids.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Mitigation Monitoring and Reporting Program for the Whitney Ranch Parkway Widening Project.

Background:

Whitney Ranch Parkway between State Route 65 (SR 65) and University Avenue is predominantly a 2- and 4-lane roadway with a proposed ultimate 6-lane configuration. Placer County Department of Public Works currently has construction drawings to construct this section of Whitney Ranch Parkway to the ultimate 6-lane configuration and install a traffic signal at the University Avenue/Whitney Ranch Parkway intersection as part of its Placer Parkway Phase 1 project.

Due to several commercial and residential projects in this area of Rocklin anticipated to come on line in the next 24 months, and understanding that these projects will likely be open for business or occupied by residents before Placer County is able to widen the roadway and install a new traffic signal at Whitney Ranch Parkway/University Avenue, City staff has coordinated with County staff to take the lead of roadway widening on Whitney Ranch Parkway and the traffic signal installation, but only within Rocklin city limits, thus avoiding the extensive coordination for roadway widening work performed in Caltrans right-of-way.

This approach permits the commercial businesses on the southwest corner of University Avenue/Whitney Ranch Parkway, including the Whitney Ranch Retail center with Nugget Market as the anchor tenant, to open for business without significantly impacting traffic conditions. In addition to work on Whitney Ranch Parkway, the City will construct a second northbound left turn lane from University Avenue to westbound Whitney Ranch Parkway, consistent with the Northwest Rocklin Annexation Area Plan.

Staff has coordinated with Placer County, and County staff support the City delivering that Item Number 10

144
portion of the work within Rocklin city limits. The Placer Parkway Phase 1 project is funded by the South Placer Regional Transportation Authority (SPRTA) fee program. On June 26, 2024, SPRTA’s Board of Directors allocated $3.5M in funding to the City of Rocklin to pay for those improvements the County would have otherwise constructed. For City work unrelated to the County’s Placer Parkway Phase 1 project, the City proposes to use traffic impact fees (Fund 325) for construction consistent with the 2025 – 2029 Capital Improvement Program (CIP) approved by the City Council on June 25, 2024.

During the past few months, the City’s design team has coordinated with various outside agencies and/or parties, including Placer County, Caltrans, the Whitney Ranch Retail developer, and utility providers, and has prepared the construction plans (Attachment 2) and specifications (Attachment 3) outlining the proposed roadway widening, striping, traffic signal, and other ancillary street elements. Staff recommends the City Council approve the plans and specifications and authorize staff to call for bids.

Environmental Analysis:

The environmental analysis covering all City construction identified in the plans and specifications is set forth in the following discussion regarding two previously prepared California Environmental Quality Act (CEQA) documents:

Placer Parkway Phase 1 Initial Study/Mitigated Negative Declaration The roadway widening on Whitney Ranch Parkway from SR 65 to University Avenue was included in the Placer Parkway Phase 1 Improvements Initial Study/Mitigated Negative Declaration (IS/MND) (SCH2015052032), which was adopted by the Placer County Board of Supervisors, acting as the CEQA lead agency, on September 1, 2015. The IS/MND analyzed the associated environmental impacts of three alignments for the Placer Parkway Phase 1 project. The design of the three alignments considered were identical within the City limits.

Alternative 3 was approved by the County as the preferred alignment, and includes widening of Whitney Ranch Parkway and installation of a traffic signal at the University Avenue/Whitney Ranch Parkway intersection. The City’s action is consistent with the project approved by Placer County. The IS/MND adopted by Placer County was a project level document, and the City is not proposing any other action or approval at this time.

Pursuant to CEQA, the City is a responsible agency for the purposes of this proposed action.

Pursuant to CEQA Guidelines Section 15096, as a responsible agency, prior to reaching a decision on the project, the City must consider the environmental effects of the project as shown in the Placer Parkway Phase 1 Improvements IS/MND, and the City must mitigate or avoid only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve.

For the City Council’s consideration, at the following link is the Placer Parkway Phase 1 Improvements IS/MND https://www.rocklin.ca.us/post/placer-parkway-phase-i-improvements.

In addition, included as Exhibit A to the resolution (Attachment 5) adopting the mitigation monitoring and reporting program for the Whitney Ranch Parkway Widening Project is a memorandum summarizing a review of the germane impacts and mitigation measures from Placer County’s Placer Parkway Phase 1 Improvements IS/MND that are applicable to the City’s project. Exhibit B to the resolution (Attachment 6) is the mitigation monitoring and reporting program the City will use to implement the applicable mitigation measures. As Placer County’s Placer Parkway Phase 1 Improvements IS/MND was not an Environmental Impact Report (EIR), the City of Rocklin as a Responsible Agency is not required to make findings

145
required by CEQA Guidelines Section 15091, nor as required by CEQA Guidelines Section 15093.

University Avenue Second Northbound Left Turn Lane at Whitney Ranch Parkway The ultimate roadway configuration of University Avenue, and thus the proposed second northbound left turn lane at Whitney Ranch Parkway, was analyzed as a part of the Northwest Rocklin Annexation Area Environmental Impact Report (EIR) and associated Addendum, certified and approved by City Council Resolutions No. 2002-230 and 2008-252, respectively.

The City’s plans and specifications prepared for the Whitney Ranch Parkway Widening Project, including the addition of the second northbound turn lane as described above, are consistent with the ultimate roadway configuration of University Avenue that was analyzed in the 2002 EIR and associated 2008 Addendum.

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:

There is no direct fiscal impact associated with approving the plans and specifications or adopting the CEQA mitigation measures. The cost to implement any required mitigation measures will be part of the construction contract, which will be brought back before the City Council at a future meeting for award.

ATTACHMENTS:

1. Resolution A - Plans and Specifications

2. Resolution A Exhibit A - Project Plans

3. Resolution A Exhibit B - Project Specifications

4. Resolution B - Mitigation and Monitoring Report

5. Resolution B - Exhibit A - CEQA Memo

6. Resolution B - Exhibit B - Mitigation Monitoring Plan 146
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE PLANS AND SPECIFICATIONS FOR THE WHITNEY

RANCH PARKWAY WIDENING PROJECT AND AUTHORIZING CITY STAFF

TO CALL FOR BIDS
WHEREAS, the Whitney Ranch Parkway Widening Project consists of providing a City-led interim condition of Whitney Ranch Parkway between Rocklin city limits and University Avenue preparatory to its ultimate alignment to be constructed as part of Placer County’s Placer Parkway Phase 1 Project between State Route 65 and Rocklin city limits;
WHEREAS, City staff retained Mark Thomas & Company, Inc. to provide professional engineering and environmental support services for the project; and WHEREAS, staff are prepared to solicit contractor bids preparatory to commencing construction.

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

Section 1. Approves the plans and specifications for the Whitney Ranch Parkway Widening Project attached hereto as Exhibits “A” and “B” and incorporated herein by this reference, and authorizes City staff to call for bids.

PASSED AND ADOPTED this 13 th day of August, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
147

COMMUNITY DEVELOPMENT DEPARTMENTWHITNEY RANCH PARKWAY WIDENING

FUTUREPLACER PARKWAYPHASE I PROJECT
UTILITY REPRESENTATIVESUTILITYCOMPANYCONTACTPHONE U.S.A.----1-800-642-2444 GAS & ELECTRICITYPG&EJEFFERY GRACE(916) 247-1334 WATERPCWARICHARD WIRTH(530) 823-4886 SEWERSPMUDCARIE HUFF(916) 786-8555 DRAINAGECITY OF ROCKLINRICK LAWRENCE(916) 625-5521 TRAFFIC SIGNALSCITY OF ROCKLINNAZ LAZAR(916) 625-5567 TELECOMWAVEBOBBY HOLMES(916) 919-2708 TELECOMAT&TLEE NIETO(916) 484-2384 TELECOMCONSOLIDATEDMIKE SMUIN1-800-720-1682

CITY OF ROCKLINCITY ENGINEER

SOUTH PLACERMUNICIPAL UTILITY DISTRICT

PLACER COUNTY WATER AGENCY

CITY OF ROCKLINDEPARTMENT OF PUBLIC WORKS
APPROVED BY:

APPROVED BY:

DIRECTORDATE

ENGINEERDATE

ENGINEERDATE
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WHITNEY RANCH PARKWAY

WIDENING PROJECT

BID OPENING
THURSDAY, SEPTEMBER 19, 2024
AT 1:00 PM
3970 ROCKLIN ROAD
ROCKLIN, CA 95677

168

Table of Contents

TABLE OF CONTENTS

Bid Documents
Attachments

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

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

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

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

General Provisions

Special Provisions 169

Notice to Contractors

NOTICE TO CONTRACTORS
Notice is hereby given that the City Council of the City of Rocklin, California, will receive sealed Bids as follows:

BID DATE / TIME:

September 19, 2024 1:00 PM (Local Time)
SUBMIT BIDS TO: City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
FOR: Whitney Ranch Parkway Widening Project
ESTIMATED CONSTRUCTION COST: $2,750,000
TOTAL CONTRACT TIME: 60 Working Days
CONTRACTOR’S CALIFORNIA LICENSE

AND/OR CLASS REQUIRED
Class A

PRE-BID CONFERENCE DATE, TIME,

AND LOCATION
There will be no pre-bid meeting

Notice is hereby further given that the Project is a public works project within the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code, and that each Bidder and all Subcontractors are 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 unavailable for award. A Subcontractor who is unregistered will not be permitted to work on the Project. If any Subcontractor required to be listed in the Bid is unregistered, that Subcontractor will be required to be substituted with a registered Subcontractor at no additional cost to the City and/or the listing of an unregistered Subcontractor may render the bid nonresponsive. Bidders shall provide the registration numbers for all listed Subcontractors within 24 hours of bid opening and registration numbers of all Subcontractors who are not required to be listed not later than 24 hours before they are to start work on the Project.

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. 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 the job site and prohibitions against discrimination. Copies of such prevailing rate of per diem wages are available upon request at the office of the City Clerk at 3970 Rocklin Road, Rocklin, CA 95677 or on the internet at http://www.dir.ca.gov/OPRL/PWD
. Those prevailing wage rates hereby are incorporated in this Contract and made a part hereof. (See General Provisions, Chapter 6.)

170

Notice to Contractors
Submit Bids (original/no copies) and bid security in a sealed envelope, marked “ Bid for CITY OF ROCKLIN WHITNEY RANCH PARKWAY WIDENING PROJECT” (“Project”) and include the company name and address on the envelope.

Contract Documents may be downloaded at no charge from the City of Rocklin’s third- party website at www.ciplist.com. Hardcopies of Contract Documents are not available for purchase from the City.

Written questions r egarding this Invitation for Bids should be directed to Andrew Shaw , Associate Civil Engineer , by email at [email protected] no later than Thursday, September 12, 2024 at 1:00 PM. All emails shall require verification of receipt by sender in accordance with the Instructions to Bidders.

The City will post all Addenda to www.ciplist.com
.

Bidders shall develop and submit Bids at their own expense. The City will not reimburse any costs associated with the development and submittal of any and all Bids.

Each Bid must be submitted on the Bid Forms provided in the Contract Documents. The Bid must be submitted in a sealed envelope and received by the City Clerk no later than the time and date prescribed. The clock located in the City Clerk’s office is considered the official local time. Bid submissions received after the designated time will not be opened and will be returned to the Bidder unopened. Telephones will not be available to Bidders at the City’s offices for the preparation of Bids.

Each Bid must also be accompanied by security in the form of a Bidder’s Bond issued by a corporate surety, a certified check, or cashier’s check payable to the City of Rocklin, or cash. The amount of the bid security must be not less than ten percent (10%) of the Total Bid Price, consisting of the total base bid plus the total additive bid alternates. The successful Bidder shall be required to execute a Material and Labor Payment Bond and Performance Bond, issued by a corporate surety, in conformance with the requirements set forth in the Contract Documents, each for not less than one hundred percent (100%) of the Contract Price.

If the lowest responsive, responsible bidder fails or refuses to execute any Contract for the Project, the City may, in its discretion, award the Contract to the second lowest, responsive responsible bidder. If the second lowest res ponsible, responsible bidder fails or refuses to execute any Contract for the Project, the City may, in its discretion, award that and all other Contracts for the Project to the third lowest, responsive responsible bidder. Any Bidder to whom any Contract for the Project is awarded who fails to execute the Contract and file acceptable bonds and insurance certificates as required in the Contract Documents will have its Bid Guarantee forfeited.

Pursuant to California Public Contracts Code, any contract awarded pursuant to this Notice to Contractors shall obtain a provision permitting, at the Contractors’ sole expense, the substitution of securities for any moneys withheld to ensure performance under the Contract. The terms of such provisions shall be according to the requirements of the Public Contracts Code Section 22300.

No Bid received and read aloud may be withdrawn for a period of sixty (60) days after the bid opening date, except pursuant to California Public Contract Code Section 5101 et seq.

171

Notice to Contractors
The City reserves the right to award the Contract, to reject any or all Bids, to waive non-material and inconsequential irregularities in any Bid, and to reject nonconforming, nonresponsive, non- responsible, or conditional Bids.

____________________________________ __________________ Hunter Young, City Engineer/Deputy Date
Community Development Director
City of Rocklin

172
1 Bid

CITY OF ROCKLIN

(MUST BE SIGNED BY BIDDER)

Sealed Bids will be received not later than 1 :00 p.m. on Thursday, September 19, 2024 at the office of the City Clerk, 3970 Rocklin Road, Rocklin, California 95677 and opened as soon thereafter as business allows in the City Council Chambers, 3970 Rocklin Road, Rocklin, California 95677.

TO THE HONORABLE CITY COUNCIL:

The undersigned hereby proposes and agrees to furnish any and all required labor, material, equipment transportation, and services for

WHITNEY RANCH PARKWAY WIDENING PROJECT

in the City of Rocklin, County of Placer, California.

The work is to be done in strict conformity with the Contract Documents, at the following Lump Sum and/or Unit Prices:

BID SCHEDULE A – WHITNEY RANCH PARKWAY WIDENING
Item
No. Description Estimated
Quantity Unit Unit Price Total Amount
1 MOBILIZATION 1 LS $ $
2 TRAFFIC CONTROL
SYSTEM 1 LS $ $
3 SWPPP 1 LS $ $
4 CLEARING AND
GRUBBING 1 LS $ $
5 REMOVE CONCRETE 1,500 SF $ $
6 ROADWAY
EXCAVATION 4,400 CY $ $
7 AGGREGATE BASE
(CLASS 2) 2,650 CY $ $
8 MINOR CONCRETE
(SIDEWALK) 7,000 SF $ $
9 MINOR CONCRETE
(VALLEY GUTTER) 600 SF $ $
173
2 Bid
10 MINOR CONCRETE
(TYPE 1A CURB AND

GUTTER WITH REBAR)
80 LF $ $
11 MINOR CONCRETE
(TYPE 2 CURB AND

GUTTER)
650 LF $ $
12 MINOR CONCRETE
(TYPE 5 CURB) 375 LF $ $
13 DETECTABLE
WARNING SURFACE 15 SF $ $
14 HOT MIX ASPHALT
(TYPE A) 1,800 TON $ $
15 ADJUST STORM

DRAIN MANHOLE TO
GRADE
1 EA $ $
16 ADJUST SPMUD
MANHOLE TO GRADE 1 EA $ $
17 RECONSTRUCT

SPMUD MANHOLE TO
GRADE
1 EA $ $
18 ADJUST PCWA

WATER VALVE BOX

FRAME AND COVER

TO GRADE
2 EA $ $
19 ADJUST PCWA BLOW

OFF VALVE BOX

FRAME AND COVER

TO GRADE
1 EA $ $
20 ADJUST UTILITY PULL

BOX COVER TO
GRADE
1 EA $ $
21 HOT MIX ASPHALT
(OVERSIDE DRAIN) 1 LS $ $
22 DETAIL 9 1,750 LF $ $
23 DETAIL 22 1,000 LF $ $
24 DETAIL 25 400 LF $ $
25 DETAIL 25A 250 LF $ $
174
3 Bid
26 DETAIL 27B 2,750 LF $ $
27 DETAIL 29 1,600 LF $ $
28 DETAIL 38 1,500 LF $ $
29 DETAIL 39 550 LF $ $
30 DETAIL 40 350 LF $ $
31 8” WHITE 500 LF $ $
32 8” YELLOW 150 LF $ $
33 THERMOPLASTIC

PAVEMENT

MARKINGS
1,600 SF $ $
34 CHANNELIZER
(SURFACE MOUNTED) 85 EA $ $
35 ROADSIGN SIGN –
ONE POST 4 EA $ $
36 RELOCATE ROADSIDE
SIGN 5 EA $ $
37 REMOVE ROADSIDE
SIGN 9 EA $ $
38 SALVAGE ROADSIDE

SIGN AND SOLAR
SYSTEM
5 EA $ $
39 WOOD BARRICADE 2 EA $ $
40 PEDESTRIAN
BARRICADE 3 EA $ $
41 REMOVE BARRICADE 1 EA $ $
42 SURVEY MONUMENT 1 EA $ $
175
4 Bid
43 TRAFFIC SIGNAL 1 LS $ $
44 STREET LIGHTING 1 LS $ $
45 PG&E SERVICE
CONNECTION 1 ALL $50,000 $50,000
46 ENVIRONMENTAL

MITIGATION AND

MONITORING REPORT
1 LS $ $

Total Project Bid, Item Nos. 1 through 46, shall be (numerical):____________________Dollars.

Total Project Bid, Item Nos. 1 through 46, shall be (spelled out):

_____________________________________________________________________Dollars. 176
5 Bid
BID SCHEDULE B – UNIVERSITY AVENUE MEDIAN
Item
No. Description Estimated
Quantity Unit Unit Price Total Amount
1 MOBILIZATION 1 LS $ $
2 TRAFFIC CONTROL
SYSTEM 1 LS $ $
3 REMOVE CONCRETE 800 SF $ $
4 ROADWAY
EXCAVATION 400 CY $ $
5 AGGREGATE BASE
(CLASS 2) 200 CY $ $
6 MINOR CONCRETE
(SIDEWALK) 250 SF $ $
7 MINOR CONCRETE
(TYPE 5 CURB) 900 LF $ $
8 HOT MIX ASPHALT
(TYPE A) 200 TON $ $
9 DETAIL 9 250 LF $ $
10 DETAIL 25 1,000 LF $ $
11 DETAIL 38 700 LF $ $
12 THERMOPLASTIC
PAVEMENT MARKING 300 SF $ $

Total Project Bid, Item Nos. 1 through 12, shall be (numerical):____________________Dollars.

Total Project Bid, Item Nos. 1 through 12, shall be (spelled out):

_____________________________________________________________________Dollars.

177
6 Bid

Total Project Bid (Schedules A and B) shall be (numerical):_______________________Dollars.

Total Project Bid (Schedules A and B) shall be (spelled out):

_____________________________________________________________________Dollars.

The City Council will award the contract based upon the lowest responsive and responsible bid for the Total Project Bid (Schedules A and B).

If awarded the Contract, the undersigned shall execute said Contract and furnish the necessary Performance and Payment Bonds and insurance within ten (10) calendar days after the Notice of Award of said Contract and begin work as set forth in the written Notice to Proceed from the City of Rocklin (hereinafter referred to as the “City”) to Contractor.

In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplicat ion, and division that appear obv ious on the face of the Bid.

When such a mathematical error appears on the Bid, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.

When an item price is required to be set forth in the Bid, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer’s estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Bid contain only a total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by Engineer’s e stimate of the estimated quantities of work to be performed as items of work.

If the Bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Bid shall be disregarded.

It is understood that this B id is based upon completion of the work to within a period of 60 working days commencing on the day the Notice to Proceed is issued.

The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other Contract Documents, and the undersigned is satisfied with all conditions for the performance of the work.

The undersigned has checked carefully all of the above figures and understands that the City of Rocklin will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid.

178
7 Bid
The Contractor shall initial below that it has received the appropriate addenda and has incorporated the addenda into its Bid.

Addenda Received and Acknowledged
No. 1 ______________________________
No. 2 ______________________________
No. 3 ______________________________
No. 4 ______________________________
No. 5 ______________________________
No. 6 ______________________________
No. 7 ______________________________

BID DEPOSIT ENCLOSED IN THE FOLLOWING FORM:

$ _______________________________ not less than ten percent (10%) of amount Bid, plus additive alternates.

 CERTIFIED CHECK
 MONEY ORDER
 CASHIER’S CHECK
 BID BOND

AGREEMENT
It is understood and agreed that if written notice of the City 's acceptance of this Bid is mailed, emailed, or delivered to the undersigned Bidder after the opening of the bid, and within the time set in the Notice to Contractors or at any time thereafter before this Bid is withdrawn, the undersigned Bidder will execute and deliver to the City the Agreement for Construction in accordance with the Bid as accepted, within ten (10) days after receipt of notification of award, and that the Work under the Contract shall be commenced by the undersigned Bidder, if awarded the Contract, on the date to be stated in a Notice to Proceed and shall be completed in the time specified in the Contract Documents. In the event the Bidder to whom an award is made fails or refuses to execute the Agreement for Construction within ten (10) days from the date of receiving notification that it is the Bidder to whom the Contract is awarded, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the Bidder to enter into the Agreement for Construction.

The undersigned Bidder agrees that the information and representations provided herein are made under penalty of perjury.

NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if Bidder is a partnership, the true name of the firm shall be set forth below together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Bidder is an individual, his/her signature shall be placed below.

SIGNATURE IS ON SEPARATE PAGE TO PERMIT BLIND SELECTION/RANKING OF

BIDDERS, IF APPLICABLE
179
8 Bid
NAME OF BIDDER:

Affix Corporate
Seal Here

BY: _____________________________________________
Signature
________________________________________________
Type/Print Name
________________________________________________
Title

DATE: ____________________________________________

Valid Contractor’s License No.: _________________________

Expiration Date: _____________________________________

DIR Public Works Registration No.: __________________________

180
1 Bid

ATTACHMENT A

BID BOND
City of Rocklin

We,____________________________________, as principal, and _________________________, as Surety are held and firmly bound unto the City of Rocklin , hereafter referred to as “Obligee”, in the penal sum of ten percent (10%) of the total amount of the Bid of the Principal submitted to the Obligee for the Work described below, for the payment of which sum we hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal is submitting a Bid to the Obligee, for ___________________________________________________________________________

(Copy here the exact description of work, including location, as it appears on the Bid)

for which Bids are to be opened at Rocklin, CA on
(Insert date of Bid opening)

NOW, THEREFORE, if the Principal is awarded the Contract and after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the Bid, and files two bonds with the Obligee, one to guarantee faithful performance of t he contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract after opening of Bids , alteration, addition, modification, or supplement to the terms of the Notice to Contractors/Invitation for Bids, the Work to be performed thereunder, or the Contract Documents, shall in any w ay affect the Surety’s obligations under this Bond, and the Surety does hereby waive notice of any such change, extension of time, alteration, addition, modification or supplement to the terms of said Notice to Contractors/Invitation for Bids , the Work to be performed thereunder, or the Contract Documents.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys’ fees to be fixed by the court.

Dated: ______________, 20___ Principal:________________________________

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal)

181
2 Bid
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 BIDDER AND SURETY.

182
1 Subcontract Listing Form

ATTACHMENT B

SUBCONTRACTOR LISTING FORM

LIST OF SUBCONTRACTORS FOR ______________________________________ (BIDDER)

PROJECT: WHITNEY RANCH PARKWAY WIDENING PROJECT

Pursuant to the provisions of Sections 4100 to 4114 inclusive, of the California Public Contract Code, and as set forth in Instructions to Bidders, and the General Conditions, the above named Contractor hereby designates below the names, contractor license numbers, and locations of the place of business of each Subcontractor. Please check one of the boxes and sign below:

We are not using any Subcontractors.

All of our Subcontractors are performing at least 1/2 of 1% of the Work listed below, including for additive Alternates, if any.

WORK TO BE

PERFORMED

NAME & BUSINESS

ADDRESS OF

SUBCONTRACTOR

LICENSE
NUMBER
DIR #

______________________________________________
Signed
Bidders shall provide the registration numbers for all listed Subcontractors within 24 hours of bid opening and registration numbers of all Subcontractors who are not required to be listed not later than 24 hours before they are to start work on the Project.

183
1 Noncollusion Affidavit

ATTACHMENT C

NONCOLLUSION AFFIDAVIT

STATE OF CALIFORNIA
COUNTY OF __________________________
___________________________________________, being first duly sworn, deposes and says that he or she is _______________________________ [Title] of ______________________________, the party making the foregoing 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 sham; that 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 Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price Bid of Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the price Bid, or of that of any other Bidder. All statements contained in the Bid are true. Bidder has not, directly or indirectly, submitted its price Bid or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declarati on on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

Signed:

Title:

Subscribed and sworn to before me this
__________ day of __________________, 20 ,
by_____________________________________
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.

(seal) Signature

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.
184
1 Certification re Debarment, Suspension

ATTACHMENT D

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT

OR SUSPENSION

Bidder hereby certifies, to the best of its knowledge and belief, except as expressly disclosed on this Certificate, that:

The Bidder and/or any of its Principals:

1. 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.

2. Have not, within a three-year period preceding this Bid, 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.

3. 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 2. above.

4. 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.

"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; head of a subsidiary, division, or business segment, and similar positions).

Bidder shall provide immediate written notice to the City if, at any time prior to contract award, Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

This 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 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.

BIDDER:_________________________________ Date_____________________

BY: _____________________________________
Signature
________________________________________
Type/Print Name
________________________________________
Title

185
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

186
1 Resolution of Disputes

ATTACHMENT E

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 constructing this project 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 Bid der 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 B idder requests relief. The City shall not consider any requests for relief due to mistake if notice is not received within the time requirements of Public Contract Code section 5100, et seq., Relief of Bidders.

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 protes t 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.

6. Any Bidder complying with the above procedure may bring an action within sixty (60) days from the action of the City Council, in accordance with Sections 860 and 863 of the California Code of Civil Procedure, to determine the validity of the City Council’s action on the award of the contract. The City shall be a defendant and shall be served with the summons and complaint in the action in the manner provided by law for the service of a summons in a civil action. In any such action the summons shall be in 187
2 Resolution of Disputes
the form prescribed in Section 861.1 of the California Code of Civil Procedure except that in addition to being directed to “all persons interested in the matter of [specifying the matter],” it shall also be directed to the City. If the bidder bringing such action fails to complete the publication and such other notice as may be prescribed by the court in accordance with Section 863 of the California Code of Civil Procedure and to file proof thereof in the action within 60 days from the filing of his complaint, the action shall be dismissed on the motion of the City unless good cause for such failure is shown by the bidder.

Contractor

Date

Signature

188
1 Certificate of Authorization-LLC

ATTACHMENT F

CERTIFICATE OF AUTHORIZATION
(If Bidder is a Corporation or a Limited Liability Corporation)

STATE OF CALIFORNIA
COUNTY OF ________________________

I HEREBY CERTIFY that at a meeting of the Board of Directors of the ____________________ ___________________________________________________, a corporation existing under the laws of the State of California, held on ______________, ____, the following resolution was duly passed and adopted:

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

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

IN WITNESS WHEREOF, I have hereunto set my ha nd and affixed the official seal of the Corporation this _________________ day of _________________, 20___.

Secretary

Corporate Officer

(seal)
Corporate Address
189
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
190
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

191
1 Iran Contracting Certification

ATTACHMENT G

Projects of One Million Dollars ($1,000,000.00) or More

IRAN CONTRACTING ACT CERTIFICATION

Pursuant to California Public Contract Code (PCC) section 2204, an Iran Contracting Act certification is required for solicitations of goods or services of $1,000,000 or more.

To submit a bid to the City of Rocklin, you must complete ONLY ONE of the fol lowing two paragraphs. To complete paragraph 1, check the corresponding box and complete the certification for paragraph 1. To complete paragraph 2, simply check the corresponding box.

1. We are not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to PCC 2203(b), and we are not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

2. We have received written permission from the SLDMWA to submit a proposal pursuant to PCC 2203(c) or (d). A copy of the written permission from the SLDMWA is included with our proposal.

CERTIFICATION FOR PARAGRAPH 1:

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the Proposer to the clause in paragraph 1. This certification is made under the laws of the State of California.

BIDDER:_________________________________ Date_____________________

BY: _____________________________________
Signature
________________________________________
Type/Print Name
________________________________________
Title

Executed in the County of ____________, State of ________________.

192
1 Construction Agreement

ATTACHMENT H

CONSTRUCTION AGREEMENT

THIS AGREEMENT, dated for identification as of , 20 , is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and , a (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, Bid Documents, Addenda, Bid Form, Bid, Agreement, Plans, General Pr ovisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 19), 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 al l 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:

Whitney Ranch Parkway Widening Project.

193
2 Construction Agreement

V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, DOLLARS ($ ) 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.

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 Agr eement 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 194
3 Construction Agreement
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.

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 Thousand Two Hundred ($5,200) 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 com plete 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 follow ing 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 195
4 Construction Agreement
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.

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 wi th 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 r ecords, 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 contracto r 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.

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.
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1 Performance Bond

ATTACHMENT I

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.
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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 determination 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 t hat 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 Suret y 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 t o 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.

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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.

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1 Payment Bond

ATTACHMENT J

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 performance 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 action to them or their assigns in any suit brought upon this bond. 202
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.

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1 Workers Comp Insurance Cert.

ATTACHMENT K

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 to 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.” 204
1 Escrow Agreement

ATTACHMENT L

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 authorizatio n 205
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 noti ce to 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, o f this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement 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:
206
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

207

ATTACHMENT M

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 enforc e 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_____________________________
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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 ................................................................. 111 CHAPTER 10 ENVIRONMENTAL CONTROLS AT WORK SITE .......................... 129 CHAPTER 11 PRECONSTRUCTION PHOTOGRAPHS AND RECORD
DRAWINGS ................................................................................... 137

209

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.
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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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6 General Provisions

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 216

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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 217

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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 222

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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 224

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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; 225

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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 230

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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 232

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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, 234

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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 235

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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 236

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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 provis ions 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. 237

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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 238

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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 242

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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 244

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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 246

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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 ...................................... 56 248

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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. 249

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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 250

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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, 252

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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 253

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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 254

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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 255

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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 257

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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 258

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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 261

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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 262

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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 .................................................................... 72 265

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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 268

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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 269

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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) 270

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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 275

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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 279

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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 281

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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 plate 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 displacement 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. 285

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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
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FIELD MARKINGS

COLOR CODES AND SYMBOLS
Safety Precaution
Blue W Water
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. 289

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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 290

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of the Contractor's operations, said objects shall be replaced or restored at the Contractor’s 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 ................................................................................................... 98 292

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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 295

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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.

Rocklin City CouncilAugust 13, 2024

Rocklin City Council
August 13, 2024