Agenda packet — Rocklin City Council, February 25, 2025 (part 4 of 6)

Reso No. PC-2025-03
of promoting orderly and well-planned development that enhances the City of Rocklin.

B. The abandonment of an approximately 8,000 square foot piece of property previously identified for use of an alley between Oak Street and Pine Street is consistent with and conforms to the following specific General Plan Goals , Policies, and Action Plans:

General Land Use Goals:

• The replanning, redesign, and development of undeveloped areas that are stagnant or improperly utilized.

• To promote orderly and well -planned development that enhances the City of Rocklin.

General Plan Policies:

• LU-11 Encourage infill residential development that is in keeping with the character and scale of the surrounding neighborhood, while providing a variety of densities and housing types as reflected by the zoning and land use designation of the infill property.

• LU-12 Provide a variety of residential land use designations that will meet the future needs of the City.

• LU-13 Review proposals for new residential development for compatibility with the character and scale of nearby neighborhoods, while providing a variety of densities and housing types as reflected by the zoning and land use designation of the infill property.

• LU-20 Encourage Medium High and High Density Residential uses to locate near major arterial and/or collector streets.

• LU-21 Maintain development standards unique to Central Rocklin that encourage residential development on infill parcels, including affordable housing, while maintaining compatibility with existing residential land uses.

608

Page 2 ends

Reso No. PC-2025-03
PASSED AND ADOPTED this 21st day of January, 2025, by the following vote:

AYES: Commissioners: Barron, Cortez, McKenzie, Thomas
NOES: Commissioners: None
ABSENT: Commissioners: Armstrong
ABSTAIN: Commissioners: None

______________________________________
Michael Barron, Chairperson

ATTEST:

_________________________________
Terry Stemple, Secretary
609

Page 1 ends

To Reso No. PC-2025-03
Exhibit A

610
Resolution No. 2025- February 25, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ORDERING THE VACATION OF A PUBLIC STREET – ALLEY

BETWEEN OAK STREET AND PINE STREET
WHEREAS, an approximately 2.8-acre project property, located north of Oak Street, south of Pine Street, west of Pacific Street, and east of Railroad Avenue, consisting of Assessor’s Parcel Numbers (APNs) 010-121-001, -002, -004, -005, -006, and 010-040-039, includes a 20-foot-wide area previously identified for construction of an alley; and
WHEREAS, on November 8, 2022, the City Council of the City of Rocklin approved Resolution No. 2022-229, which approved an Affordable Housing Agreement between the City and Community Housingworks (CHW), under which the City would agree to ground lease the site to CHW for construction and operation of approximately 110 residential housing units affordable to limited income, known as Pacific Street Apartments, as specified in the Affordable Housing Agreement.

WHEREAS, development of the project property for the Pacific Street Apartments project requires vacation of the 20-foot-wide area previously identified for construction of the alley; and
WHEREAS, while the alley location has been depicted on local maps since 1893, due to the area’s final design, the alley was never constructed and is no longer needed; and
WHEREAS, on January 21, 2025, consistent with Government Code 65402(a), the Planning Commission of the City of Rocklin voted 5-0 to adopt Resolution PC-2025-03 to make General Plan Consistency Findings for vacating the area previously identified for construction of the alley; and
WHEREAS, the City Council of the City of Rocklin has considered the City of Rocklin General Plan and finds the alleyway vacation with the General Plan; and WHEREAS, the proposed vacation of the alley is not a project under CEQA, because there is no possibility the vacation will have an effect on the environment, and is therefore exempt under Sections 15060 (c)(2) and 15061 (b)(3) of the State CEQA Guidelines.

NOW THEREFORE, The City Council of the City of Rocklin does resolve as follows:
611
Resolution No. 2025- February 25, 2025 Page 2 of 2
1 Section 1. Pursuant to the Public Streets, Highways and Service Easement Vacation Law (Streets & Highway Code §8335 et seq.), the City Council of the City of Rocklin does hereby order the vacation of a portion of an area designated as a public alley, as shown and described in Exhibits “A” and “B”, attached hereto and by this reference incorporated herein, subject to the following reservation:
a. A public utility easement shall be retained over the entire area.

Section 2. The City Council of the City of Rocklin finds that this section of the right-of-way to be vacated: (i) has not been used for public access for at least five (5) consecutive years; and (ii) no public money has been expended for maintenance on this section for at least five (5) consecutive years.

Section 3. From and after the date this resolution is recorded, the right-of-way vacated no longer constitutes public right-of-way.

Section 4. Pursuant to the Public Streets, Highways and Service Easement Vacation Law (Streets & Highway Code §8336 et seq.), the City Clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the County of Placer, State of California.

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Jill Gayaldo, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
612
EXHIBIT "A"

PACIFIC STREET/RAILROAD AVENUE ALLEY

EASEMENT VACATION
All that Alley within Block D, as shown on the “Map of the Town of Rocklin,” filed in Book “A” of Maps, at Page 28, Placer County Official Records, being located within the City of Rocklin, County of Placer and State of California, more particularly described as follows:

B
EGINNING at a point being the northwesterly corner of Lot 16 within said Block; thence from said POINT OF BEGINNING, along the northeasterly line of said Alley, South 28°59'59" West, a distance of 399.66 feet to the southwesterly corner of Lot 9 within said Block; thence North 61°00'01" West, a distance of 20.00 feet to the southeasterly corner of Lot 8 within said Block; thence along the southwesterly line of said Alley, North 28°59'59" East, a distance of 399.66 feet to the northeasterly corner of Lot 1 within said Block; thence South 61°00'01" East, a distance of 20.00 feet to the POINT OF BEGINNING.

Containing 7,993 square feet or 0.183 acres, more or less.

See Exhibit ‘B’, plat to accompany description, attached hereto and made a part hereof.

The Basis of Bearings for this survey is the line between City of Rocklin monuments R 3-4 and R 3-13, as shown on that certain record of survey entitled “City of Rocklin GPS Control Network”, filed June 16, 2005, in Book 18 of Surveys, at Page 114, Placer County Records. Said bearing is taken to bear North 68°26'11” West. All distances shown hereon are ground distances.

February 5, 2025

END OF DESCRIPTION
WOOD RODGERS, INC.

SACRAMENTO, CALIFORNIA
613
EXHIBIT "B" PACIFIC STREET/

RAILROAD A VENUE ALLEY

EASEMENT VACATION

CITY OF ROCKLIN

COUNTY OF PLACER STATE OF CALIFORNIA
LEGEND
--- RIGHT-OF-WAY TO BE VACATED
-----r-------------------------------

RAILROAD AVENUE
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DOC#2004-0085400
APN: 010-040-039

PACIFIC STREET DEVELOPMENT
HOLDING COMPANY·LLC -DOC#2023-0007808
APN: 010-121-006
_PUBLIC EASEMENT
7,993± SF r,-, rl.,
N28"59'59"E 399.66'
,J PACIFIC STREET I RAILROAD � VENUE ALLEY
s2s·s9'59"w 399.66'

JBLOCK 'D'
AM APS28 ,.., P.0.8.

CITY OF ROCKLIN
DOC#2019-0066680
APN: 010-121-001,002, 004, 005

PACIFIC STREET
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SACRAMENTO, CA95B15 FAX915.341.7757
FEBRUARY 5, 2025 3266.008 SHEET 1 OF 1
(RESERVING A PUBLIC UTILITIES EASEMENT)
614
Resolution No. 2025- February 25, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD
GRANT DEEDS TO CREATE TWO PARCELS WITHIN THE CITY’S

REAL PROPERTY LOCATED BETWEEN PACIFIC STREET, OAK

STREET, RAILROAD AVENUE, AND PINE STREET
WHEREAS, the City of Rocklin owns real property at the intersections of Pine Street and Pacific Street, consisting of APNs 010-121-001, 010-121-002, 010-121-004, and 010-121-005, and described as Parcel 1 and Parcel 2 on the attached Exhibit “A” (“City’s Property”); and
WHEREAS, City’s Property also includes real property that was encumbered by an alleyway that was summarily vacated by the City Council of the City of Rocklin via Resolution No. 2025-XX on February 25, 2025, which vacation will be complete when the City causes a certified copy of the Resolution No. 2025-XX to be recorded in the Office of the Placer County Recorder, pursuant to California Streets and Highways Code Section 8336; and
WHEREAS, on November 8, 2022 the Rocklin City Council approved Resolution No. 2022-229, which approved an Affordable Housing Agreement between the City and Community Housingworks (“CHW”) under which the City would agree to lease the City’s Property to CHW for the construction and operation of approximately one hundred ten (110) rental housing units affordable to households of limited income, including not fewer than twenty three (23) households having incomes of not greater than thirty percent (30%) of area median income (Project) subject to CHW successfully obtaining all required land use approvals and financing commitments for the development of the project.

WHEREAS, before CHW may build its Project on City’s Property, the City must reconfigure the property lines of the City-owned parcels, so that CHW does not construct any building over property lines, and is able to meet all setbacks required for building under the City’s zoning regulations;
WHEREAS, CHW’s engineering consultants at Wood Rodgers and City staff have prepared the attached Grant Deeds to move property lines of the City’s parcels for the City Council’s approval.

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

Section 1. The City Manager is hereby authorized and directed to execute the Grant Deeds attached hereto as Exhibit “B”, on behalf of the City Council, and is hereby authorized and directed to execute a Certificate of Acceptance for the Grant Deed. 615
Resolution No. 2025- February 25, 2025 Page 2 of 2
1 Section 2. The City Manager is hereby authorized to execute any other document necessary to record the Grant Deeds and to have the Grant Deeds recorded in the office of the Placer County Recorder, subsequent to the recordation of the Resolution to Vacate the alley .

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
616

Page 1 ends

To Reso. No. 2025-
617

Page 1 ends

To Reso. No. 2025-
Exhibit “B” – Grant Deeds for City Parcels 1 and 2
618

Exhibit A- Legal Plat Project Site Showing City and CHW Owned Parcels 1-4

619

NO FEE DOCUMENT
GOVERNMENT CODE SECTION 6103
Recording Requested By and
When Recorded Mail To:

City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
Attn: City Clerk
The Above Space For Recorder’s Use Only
GRANT DEED PARCEL 1
Project Name: Pacific Street Apartments File No.:________________ Address: Block bounded by Pacific Street, Oak Street, Railroad Avenue, and Pine Street A.P.N.’s: 010-121-001, 010-121-002, 010-121-004, 010-121-005, and 010-121-006

THIS TRANSACTION IS EXEMPT FROM C ALIFORNIA DOCUMENTARY TRANSFER TAX=$0.00, PURSUANT TO SECTION 11922 OF THE CALIFORNIA REV ENUE AND TAXATION CODE ; AND CITY TRANSFER TAX=$0.00 ; AND SURVEY MONUMENT FEE=$0.00.

THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.

FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged,
City of Rocklin, a municipal corporation , as the owner ( “Grantor”) of that certain real property located in the City of Rocklin, County of Placer, State of California, (“Grantor’s Property”),
hereby grants to City of Rocklin, a municipal corporation (“Grantee”), the follow ing described p roperty in the City of Rocklin , County of Placer, S tate of C alifornia, more particularly described in Exhibit “A-1” and Exhibit “B-1”, attached hereto, are made a part hereof.

Executed , 2025. GRANTOR:

City of Rocklin, a municipal corporation
By:

Name: Aly Zimmermann
Title: City Manager
[Acknowledgment and Acceptance on Next Pages]
620

ACKNOWLEDGEMENT

ATTACH CURRENT NOTARY ACKNOWLEDGEMENT FORM
621

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant of Parcel 1, dated from City of Rocklin to the City of Rocklin is hereby accepted by the undersigned officer or agent on behalf of the Rocklin City Council pursuant to authority conferred by Resolution No. 2025-__________________, adopted on February 25, 2025, by the City Council of the City of Rocklin, and G rantee consents to recordation thereof by its duly authorized officer.

Dated: _____________, 2025 By:

Aly Zimmermann, City Manager
622
EXHIBIT "A-1"

PACIFIC STREET APARTMENTS

GRANT DEED
A portion of Lots 9 through 16 within Block D, as shown on the “Map of the Town of Rocklin,” filed in Book “A” of Maps, at Page 28, Placer County Official Records, being located within the City of Rocklin, County of Placer and State of California, more particularly described as follows:

Parcel 1:

Containing 0.879 acres, more or less.

See Exhibit 'B-1', Plat to accompany description, attached hereto and made a part hereof.

February 5, 2025

END OF DESCRIPTION
WOOD RODGERS, INC.

SACRAMENTO, CALIFORNIA
623
EXHIBIT "B-1" PACIFIC STREET APARTMENTS

GRANT DEED

CITY OF ROCKLIN

COUNTY OF PLACER STATE OF CALIFORNIA
LEGEND
P.0.8. POINT OF BEGINNING
T.P.0.8. TRUE POINT OF COMMENCEMENT
-----r-------------------------------

RAILROAD AVENUE
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DOC#2004-0085400
APN: 010-040-039

PACIFIC STREET DEVELOPMENT

HOLDING COMPANY LLC
DOC#2023-0007808
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APN: 010-121-00
� N29"03'11 "E 299.68'
S61 "05'53"E 60.83'
PARCEL 2

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N29"00'07"E 399. 75'

CITY OF ROCKLIN
DOC#2019-0066680
APN: 010-121-001,002, 004, 005
PARCEL 1

0.879± ACRES
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FEBRUARY 5, 2025 3622.008 SHEET 1 OF 1
624

Exhibit B – Legal Plat of City Parcel 2 Merged with Parcel 4

625

NO FEE DOCUMENT
GOVERNMENT CODE SECTION 6103
Recording Requested By and
When Recorded Mail To:

City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
Attn: City Clerk
The Above Space For Recorder’s Use Only
GRANT DEED PARCEL 2
Project Name: Pacific Street Apartments File No.:________________ Address: Block bounded by Pacific Street, Oak Street, Railroad Avenue, and Pine Street A.P.N.’s: 010-121-001, 010-121-002, 010-121-004, 010-121-005, and 010-121-006

THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.

FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged,
City of Rocklin, a municipal corporation , as the owner ( “Grantor”) of that certain real property located in the City of Rocklin, County of Placer, State of California, (“Grantor’s Property”),
hereby grants to City of Rocklin, a municipal corporation (“Grantee”), the follow ing described p roperty in the City of Rocklin , County of Placer, S tate of C alifornia, more particularly described in Exhibit “A-2” and Exhibit “B-2”, attached hereto, are made a part hereof.

Executed , 2025. GRANTOR:

City of Rocklin, a municipal corporation
By:

Name: Aly Zimmermann
Title: City Manager
[Acknowledgment and Acceptance on Next Pages]
626

ACKNOWLEDGEMENT

ATTACH CURRENT NOTARY ACKNOWLEDGEMENT FORM
627

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant of Parcel 2, dated from City of Rocklin to the City of Rocklin is hereby accepted by the undersigned officer or agent on behalf of the Rocklin City Council pursuant to authority conferred by Resolution No. 2025-__________________, adopted on February 25, 2025, by the City Council of the City of Rocklin, and G rantee consents to recordation thereof by its duly authorized officer.

Dated: _____________, 2025 By:

Aly Zimmermann, City Manager
628
EXHIBIT "A-2"

PACIFIC STREET APARTMENTS

GRANT DEED
A portion of Lots 3 through 16 within Block D, as shown on the “Map of the Town of Rocklin,” filed in Book “A” of Maps, at Page 28, Placer County Official Records, being located within the City of Rocklin, County of Placer and State of California, more particularly described as follows:

Parcel 2:

BEGINNING
at a point being the northeasterly corner of said Lot 16; thence from said POINT OF BEGINNING, along the southeasterly line of said Block, South 29°00'07" West, a distance of 399.89 feet to the southeasterly corner of said Lot 9; thence along the southwesterly line of said Block, North 60°59'53" West, a distance of 95.79 feet to the TRUE POINT OF BEGINNING; thence continuing along said southwesterly line, North 60°59'53" West, a distance of 125.73 feet; thence through said Lots 8 through 3, North 29°03'11" East, a distance of 299.68 feet to the northeasterly line of said Lot 3; thence along said northeasterly line, South 61°05'53" East, a distance of 60.83 feet to the centerline of the alley as shown on said Map ; thence along said centerline, North 28°59'59" East, a distance of 99.87 feet to the northeasterly line of said Block, thence along said northeasterly line, South 61°04'49" East, a distance of

64.64 feet; thence through said Lots 16 through 9, South 29°00'07" West, a distance of 399.75 feet to the TRUE POINT OF BEGINNING.

Containing 1.013 acres, more or less.

See Exhibit 'B-2', Plat to accompany description, attached hereto and made a part hereof.

February 5, 2025

END OF DESCRIPTION
WOOD RODGERS, INC.

SACRAMENTO, CALIFORNIA
629
EXHIBIT "B-2" PACIFIC STREET APARTMENTS

GRANT DEED

CITY OF ROCKLIN

COUNTY OF PLACER STATE OF CALIFORNIA
LEGEND
P.0.8. POINT OF BEGINNING
T.P.0.8. TRUE POINT OF COMMENCEMENT
-----r-------------------------------

RAILROAD AVENUE
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DOC#2004-0085400
APN: 010-040-039

PACIFIC STREET DEVELOPMENT

HOLDING COMPANY LLC
DOC#2023-0007808
ai
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APN: 010-121-00
� N29"03'11 "E 299.68'
S61 "05'53"E 60.83'
PARCEL 2

1.013± ACRES
N28"59'59"E 99.87'
N29"00'07"E 399. 75'

CITY OF ROCKLIN
DOC#2019-0066680
APN: 010-121-001,002, 004, 005
PARCEL 1

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING AND AUTHORIZING THE CITY MANAGER TO RECORD

A GRANT DEED FROM COMMUNITY HOUSINGWORKS FOR THE REAL

PROPERTY LOCATED ON THE SOUTHWEST SIDE OF PINE STREET
BETWEEN RAILROAD AVENUE AND PACIFIC STREET/APN 010-121-006

AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD A

GRANT DEED ON BEHALF OF THE CITY TO MERGE THE COMMUNITY

HOUSINGWORKS PARCEL WITH ADJACENT CITY PROPERTY
WHEREAS, the City of Rocklin owns real property at the intersections of Pine Street and Pacific Street, consisting of Assessor Parcel Numbers 010-121-001, 010-121- 002, 010-121-004, 010-121-005, and 010-121-006 and described as Parcel 1 and Parcel 2 on the attached Exhibit A (which Exhibit shows the current Parcel property lines); WHEREAS, on November 8, 2022 the Rocklin City Council approved Resolution No. 2022-229, which approved an Affordable Housing Agreement between the City and Community Housingworks (CHW) under which the City would agree to ground lease the site to CHW for the construction and operation of approximately one hundred ten (110) rental housing units affordable to households of limited income, including not fewer than twenty three (23) households having incomes of not greater than thirty percent (30%) of area median income (the “Project”) subject to CHW successfully obtaining all required land use approvals and financing commitments for the development of the project; WHEREAS, subsequent to the approval of the Affordable Housing Agreement, CHW acquired a parcel described as Assessor Parcel Numbers 010-121-006 and described as Parcel 4 on the attached Exhibit A. Parcel 4 is adjacent to City owned property. CHW has designed the project to incorporate Parcel 4 into the Project design, where the building footprint is on the property line of Parcel 4; WHEREAS, per the City’s Zoning Code, CHW may not construct a building over the property line of Parcel 4 and must abide by the required setbacks for building under the City’s zoning regulations;
WHEREAS, therefore, to allow for CHW to comply with the City’s setback requirements, CHW desires to transfer Parcel 4 to the City when they have received all the necessary financing for the Project, including federal tax credits. The City must issue all required discretionary entitlements and complete all necessary discretionary acts before CHW can apply for the federal tax credits;
WHEREAS, City Council’s authorization to accept Parcel 4 and to change property line boundaries to merge Parcel 4 with adjacent City property Parcel 2 are both 631
Resolution No. 2025- February 25, 2025 Page 2 of 2
1 discretionary acts that must be completed before CHW can apply for their federal tax credits; and
WHEREAS, the City Council may give approval by this Resolution of the acceptance of Parcel 4 and the merging of Parcel 4 with adjacent City property contingent on CHW delivering an executed Grant Deed for Parcel 4 to the City Manager.

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

Section 1. If CHW executes and delivers to the City Manager a Grant Deed, or legal equivalent, transferring ownership of Parcel 4 to the City, the City Manager is hereby authorized and directed to accept the property on behalf of the City Council, and is hereby authorized and directed to execute a Certificate of Acceptance for the Grant Deed, and to have the Grant Deed recorded in the office of the Placer County Recorder.

Section 2. If CHW transfers Parcel 4 to the City, the Community Development Director or designee is hereby authorized and directed to prepare a Grant Deed to merge Parcel 4 with the adjacent City property Parcel 2 with the depiction attached hereto as Exhibit B (Legal Plat), and the City Manager is hereby authorized to execute any other document(s) necessary to record the Grant Deed and to have the Grant Deed recorded in the office of the Placer County Recorder.

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
632
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PACIFIC STREET APARTMENTS

ULTIMATE PARCEL LAYOUT

CITY OF ROCKLIN

COUNTY OF PLACER STATE OF CALIFORNIA
----r------------------------------

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PARCEL 1

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CITY OF ROCKLIN

PACIFIC STREET
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FEBRUARY 5, 2025 3622.008 SHEET 1 OF 1
634
City Council
Staff Report

Subject:

Quarry Park Amphitheater Production Management Agreement - Amendment No. 1
Date:

February 25, 2025
Submitted By:

Charles Wilson, Recreation Coordinator
Veronica Tracy, Parks and Recreation Director
Department:

Parks and Recreation
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Amended Agreement With Push the Show, LLC (majority-owned by Ineffable Music Group, Inc.) for Production Management at Quarry Park Amphitheater.

Background:

On September 5, 2023, staff issued a Request for Proposal (RFP) for production management at Quarry Park Amphitheater. The goal was to secure a qualified company with expertise in producing special events, concerts, and festivals to support year-round operations at the venue. Services include production, marketing, talent acquisition, staffing, and hospitality management. The City received one qualified response from Ineffable Music Group, Inc. (Ineffable). Following interviews and proposal evaluations, staff determined that Ineffable was a qualified candidate to operate the venue. The initial agreement was approved by the City Council on January 9, 2024.

The 2024 initial season under Ineffable’s management resulted in 13 successful concerts with approximately 16,000 tickets sold, demonstrating the effectiveness of Ineffable’s operational strategy and marketing approach, reinforcing the long-term viability of the partnership.

The agreement originally designated that the City would allocate $25,000 per year toward marketing initiatives and assistance for amphitheater operations. This provision has now been removed from the agreement, ensuring that Ineffable will assume the primary responsibility for marketing efforts without City’s additional financial contributions.

Fiscal Impact:

With the removal of the City’s $25,000 annual marketing allocation, the City will no longer have direct financial obligations related to amphitheater marketing. The Production Management Agreement remains structured to be self-supporting, with the City continuing to receive per-ticket revenue and additional payments for sold-out events.

Item Number C19.

635
ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Amendment No. 1

3. Original Agreement
636
Resolution No. 2025- February 25, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDED AGREEMENT WITH PUSH THE SHOW, LLC
(MAJORITY-OWNED BY INEFFABLE MUSIC GROUP, INC.) FOR

PRODUCTION MANAGEMENT AT QUARRY PARK AMPHITHEATER
WHEREAS, the City of Rocklin owns and operates Quarry Park Amphitheater, located within Quarry Park; and
WHEREAS, on September 5, 2023, the City issued a Request for Proposal for Production Management at Quarry Park Amphitheater to secure a qualified company with experience in producing special events, concerts, and festivals to assist with year-round operations; and
WHEREAS, the City received one qualified response to the Request for Proposal from Ineffable Music Group, Inc., and determined that Ineffable was a suitable candidate to manage the venue; and
WHEREAS, the City Council approved an agreement with Ineffable Music Group, Inc., on January 9, 2024, resulting in a successful first season, including 13 concerts and approximately 16,000 tickets sold; and
WHEREAS, the original agreement allocated $25,000 per year from the City toward marketing initiatives and assistance for amphitheater operations, but this provision has now been removed, ensuring that Ineffable assumes full responsibility for marketing efforts; and
WHEREAS, the amended agreement maintains the self-sustaining structure of the Production Management Agreement while ensuring the City continues to receive per- ticket revenue and additional payments for sold-out events; and 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 an amended Agreement for Production Management at Quarry Park Amphitheater with Push the Show, LLC (majority owned by Ineffable Music Group, Inc.), attached hereto and incorporated herein as Exhibit A. 637
Resolution No. 2025- February 25, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 25th day of February 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
638
Version: 02/04/2025
AMENDMENT NO. 1

TO CONTRACT FOR SERVICES BETWEEN

THE CITY OF ROCKLIN AND PUSH THE SHOW, LLC
This Amendment is entered into on February 25, 2025, by and between the City of Rocklin, a municipal corporation (“City”) and Push the Show, LLC, a California limited liability company (“Contractor”) (collectively the “Parties”) who agree as follows:

RECITALS
WHEREAS, the City Council of the City of Rocklin adopted Resolution No. 2024-013, on January 9, 2024, authorizing the City Manager to enter into an agreement with Ineffable Music Group, Inc., a California corporation (“Ineffable”), to provide production management services at the Quarry Park Amphitheater for the City; and WHEREAS, Push the Show, LLC, a California limited liability company (“Push the Show”), is a majority-owned and fully controlled affiliate entity of Ineffable, and pursuant to its Operating Agreement, Ineffable “and its officers” is the managing member of Push the Show.

Ineffable operates all of its concert production management activities through Push the Show; and
WHEREAS, the City and Contractor entered into a Contract for Services dated April 9, 2024, for production management at Quarry Park Amphitheater between the City of Rocklin and Push the Show, LLC, approved and ratified on April 23, 2024, by Resolution No. 2024-91; and
WHEREAS, the Parties desire to amend the Agreement to eliminate the City’s responsibility to provide $25,000 per year in paid marketing initiatives and assistance to Amphitheater operations.

AGREEMENT
NOW, therefore, the City and Contractor hereby amend the Contract for Services as follows:

1. The “Marketing” section of Exhibit A shall be amended to delete the following:
“City will allocate twenty-five thousand dollars ($25,000) per year in paid Marketing initiatives and assistance to Amphitheater operations.” All other terms of Exhibit A shall remain unchanged.

2. The “City Operations Costs and Revenues” section of Exhibit C shall be amended as follows:
a. The following provision shall be deleted:
“City shall be responsible for twenty-five thousand dollars ($25,000) per year in paid Marketing initiatives and assistance to Amphitheater operations.” 639
Version: 02/04/2025
b. The following provision shall be added:
“City agrees to market the Amphitheater based on Push the Show’s marketing plan upon approval and available funding by City.” All other terms of Exhibit C shall remain unchanged.

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

Executed as of the date first written above.

CONTRACTOR CITY
By: ____________________________ By: _____________________________ Thomas Cussins, CEO of Ineffable Aly Zimmermann, City Manager Music Group, Inc., Managing Member
of Push the Show, LLC
By: ____________________________ APPROVED AS TO FORM:

Matthew Bailey, Secretary of Ineffable
Music Group, Inc., Managing Member
of Push the Show, LLC
By: _____________________________
Crystal Hodgson, Assistant City Attorney
ATTEST:

By: _____________________________
Avinta Singh, City Clerk
640
1733390.1 9959-001

CONTRACT FOR SERVICES

THIS CONTRACT is made on April 9, 2024 , by and between the CITY OF ROCKLIN a municipal corporation (“City”), and PUSH THE SHOW, LLC, a California limited liability company (“Contractor,”) who mutually agree as follows:

RECITALS

WHEREAS, the City Council of the City of Rocklin adopted Resolution No. 2024-013, on January 9, 2024, authorizing the City Manager to enter into an agreement with Ineffable Music Group, Inc., a California corporation (“Ineffable”), to provide production management services at the Quarry Park Amphitheater for the City; and

WHEREAS, Push the Show, LLC, a California limited liability company (“Push the Show”), is a majority-owned and fully controlled affiliate entity of Ineffable, and pursuant to its Operating Agreement, Ineffable “and its officers” is the managing member of Push the Show; and WHEREAS, Ineffable operates all of its concert production management activities through Push the Show.

AGREEMENT

NOW, therefore, the City and Push the Show hereby agree to enter into this agreement under the terms 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 the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Muni cipal 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.

B. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 641
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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.

C. 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 her eby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT

Contractor shall at its sole cost and expense, furnish al l 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. The term of this Agreement shall be from the date of execution (“Commencement Date”) up to and including December 31, 2026 (“Original Term”), unless earlier terminated pursuant to this agreement. City and Contractor agree to discuss amendments to current agreement after the first operating season.

City and Contractor shall have the option to extend the term for up to two (2) additional one (1) year terms, for a total potential Extended Term of two (2) years , by mutual agreement .

During the Extended Term of this Agreement, if any, City and Contractor shall be bound by all obligations, covenants, and agreements of this Agreement..

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. Suspension. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, where City determines that allowing Contractor to perform such suspended services would present a substantial risk to public health, safety or welfare by giving written notice of suspension to Contractor that sets forth the facts and circumstances that support the City’s determination. If City gives such notice, Contractor shall immediately suspend those activities under this Contract. City shall not unreasonably withhold or delay the lifting of any such suspension where the facts and circumstances that support the City’s determination no longer exist.

B. Immediate Termination. This Contract may be immediately terminated by City for any of the reasons set forth under Subsection 5.C of this Contract. If the agreement is terminated by the City:

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; DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 642
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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. Reasons for immediate termination pursuant to Subsection 5.B includes any of the following:

i. In the event of an accident or accidents resulting from Contractor ’s negligent operation of the Amphitheater which causes severe injury or death. ii. Due to cancellation of or reduction in any required insurance coverage as provided herein.
iii. For Contractor’s violation of the assignment or subcontracting provisions of this Contract.
iv. Contractor allows the use of fireworks or pyrotechnics without the express, written approval by City, which said approval is in City’s sole discretion. v. Destruction, casualty or taking of more than ten percent (10%) of the Amphitheater, if City does not elect to rebuild.
vi. The filing of any bankruptcy petition by Contractor or any permitted assignee, or the filing of any liens against the Amphitheater , if the lien is not removed within thirty (30) days’ notice thereof.

D. Default; Right to Cure. Any failure by a party to this Contract to observe or perform a provision of this Contract, other than those listed in Subsection 5.C, where such failure continues for thirty (30) calendar days, or as otherwise detailed her ein, after written notice of such failure, shall constitute a default and breach of this Contract. However, if the nature of the default does not involve a financial obligation and is such that it cannot be reasonably cured within the thirty (30) calendar day period, the offending party shall not be deemed to be in default if an effective cure is commenced within the thirty (30) calendar day period and thereafter diligently prosecuted to completion; provided, however, that in no event shall such default remain uncured for more than ninety (90) calendar days. Upon default by either party, which remains uncured beyond any reasonable notice and cure period as set forth herein, the non-defaulting party shall have the right to terminate this Contract by providing written notice to the other party.

E. Notwithstanding any other 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 DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 643
1733390.1 9959-001 4
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 writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Con tractor 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.

DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 644
1733390.1 9959-001 5
B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

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

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of servic es 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 Contract , City shall provide written notice to Contractor that Contractor has no more than fourteen (14) calendar days to address the person’s performance or remove that person from the assignment to perform services pursuant to this Contract. If after fourteen (14) calendar days the City, in its sole discretion, determines that such person is still not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of its 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 DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 645
1733390.1 9959-001 6
liable for any expenses thereby incurred.

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

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

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

DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 646
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17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City ’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

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

A. MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, except in the case where fireworks or pyrotechnics are used, in which case said limits will be no less than $5,000,000 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.

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 DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 647
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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 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 five (5) 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 five (5) years after completion of contract work.

8. Verification of Coverage. Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 648
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Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions o f 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 i dentity, 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 ti me until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract , by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

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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
Parks and Recreation Department
5460 5
th Street
Rocklin, CA 95677

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

Contractor: Push the Show, LLC
829 27th Avenue
Oakland, CA 94601

H. Mediation. In the event a dispute arises out of or relates to this Contract , or the breach thereof, and if the dispute cannot be settled through negotiation, the parties hereby agree first to attempt in good faith to settle the dispute by mediation before resorting to litigation or some other dispute resolution procedure. The parties shall select a mutually agreeable mediator and shall share the cost of the mediator equally.

I. 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 court, and consent to service of process issued by such courts.

J. 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.

K. 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 DocuSign Envelope ID: C212EA6E-6386-4575-9527-FF79F50DF487 650
1733390.1 9959-001 11
this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

L. Counterparts; Electronic Signatures. This Agreement may be ex ecuted 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 i n 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.

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

CONTRACTOR

By: ________________________________
Thomas Cussins, CEO of Ineffable
Music Group, Inc., Managing Member of
Push the Show, LLC

By: ________________________________
Matthew Bailey, Secretary of Ineffable
Music Group, Inc., Managing Member of
Push the Show, LLC

CITY OF ROCKLIN

By: __________________________
Aly Zimmermann, City Manager
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ATTEST:

By: _________________________
Avinta Singh, City Clerk

APPROVED AS TO FORM:

By: __________________________
Daniel Cucchi,
Acting Assistant City Attorney

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EXHIBIT A

Scope of Work

The City of Rocklin (“City”) owns real and personal property known as the Quarry Park Amphitheater, as shown in Exhibit D, incorporated herewith by reference (collectively referred to herein as the “Amphitheater”); and Push the Show, LLC (“Push the Show”) principals have considerable expertise in the operation, management and production of entertainment events, concerts and concert venues; and Push the Show is interested in managing and operating the Amphitheater for City.

City and Push the Show desire to enter into an Agreement for the Production Management of the Amphitheater consistent with the following Scope of Work:

AMPHITHEATER AND USE OF QUARRY PARK
• Push the Show agrees to use the Amphitheater primarily for entertainment purposes, in accordance with the City’s adopted Quarry Park Amphitheater Policies. The City may modify the Amphitheater Policies from time to time, solely at the City’s discretion. During the term of this Agreement, the City will confer with Push the Show before making material changes to the City’s Amphitheater Policies. In the event of a conflict between the terms of the City’s Amphitheater Policies and this Agreement, the terms of this Agreement shall prevail.

• Push the Show’s use of the Amphitheater shall not adver sely affect the public’s use and enjoyment of the remainder of Quarry Park, or the public’s use and enjoyment of the Amphitheater when Push the Show is not managing or producing an Event at the Amphitheater. Push the Show shall return control of the Amphitheater to City within twelve (12) hours after the end of each Event, unless otherwise agreed upon by the parties.

• Push the Show’s use of the Amphitheater shall comply with all City noise policies, as they may be amended from time-to-time.

• City and its representatives shall have the right to enter and inspect the Amphitheater at any time. City shall have the right, subject to the terms below, to use the Amphitheater at any time Push the Show is not using the Amphitheater for an Event.

• When either Push the Show or the City are not using the Amphitheater for an Event, the Amphitheater will be open and accessible to the public.

• All City owned parking areas outside of the Amphitheater boundary, as set forth in Exhibit D, attached hereto and incorporated herein, shall remain available for City operations at City’s sole discretion. Any use of City owned parking areas outside of the Amphitheater boundary must be approved by City in advance of an Event.

• No parking is permitted at any time within the Fire Department boundary, as set forth in Exhibit D. Push the Show shall ensure that the Fire Department boundary is free from obstruction at all times during their use of the Amphitheater.

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PUSH THE SHOW RIGHTS AND OBLIGATIONS
• Starting upon execution of this Agreement by both parties (“Commencement Date”) and during the term of this Agreement, Push the Show shall manage and operate the Amphitheater, in accordance with the terms and requirements of this Agreement.

• Push the Show shall produce a minimum of eight (8) Concert Events at the Amphitheater each season for the remaining term of this Agreement.

• Push the Show has the exclusive right to book Events at the Amphitheater up to 365 days per year, except for those specific days withheld for use by City.

• Push the Show shall be responsible for the Production Management of each Event at the Amphitheater, which includes but is not limited to:
o Artist Negotiations, Routing, and Booking
o Sound, Lighting and Backline
o Ticketing Software, Sales, and Management
o Production and Stage Management
o Marketing and Sponsorships
o Alcoholic Beverage Sales, Hospitality and Artist Relations o Contracts, Payments, and Administration

• Push the Show shall be solely responsible for the production of all Events, excluding City- produced Events. Currently planned City-produced annual Events include the following:
o Evenings at the Park (April-October)
o Shakespeare in the Park (June)
o Patriot Day (September)
o Hot Chili Cool Cars (September)
o Tree Lighting (December)
o Employee Appreciation (TBD)

• Push the Show shall provide City an up- to-date Master Calendar of Events on the first working day of each month.

• Push the Show shall provide City with a master plan for each Event and submit to City for review and approval, at least ten (10) days prior to each Event.

• Push the Show shall be solely responsible for all ticket sales and management of ticketing software for all Events, excluding City-produced Events. Push the Show will provide City thirty (30) tickets to all ticketed Events, at no charge to City, at least seven (7) days prior to the Event. Any additional tickets must be approved by Push the Show.

• Excluding City-produced Events, should an Event be cancelled by an Artist or due to a Force Majeure event and not rescheduled to occur during the same Operating Season, Push the Show shall issue refunds or exchanges for tickets sold to the Event. The refund policy for each Event shall be clearly stated to purchasers at t he time of purchase and shall be printed on tickets issued.

• Push the Show shall be responsible for Event Administration, Financial Management, Marketing, Sponsorships, Production and coordination with the City for all Amphitheater Events.

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• Push the Show shall have an onsite ticketing manager, production manager, and artist relations/promoter onsite for each Event.

• Push the Show shall provide all necessary storage for all items related to a Concert Event that does not fit within current park facilities or current capacity.

CITY RIGHTS AND OBLIGATIONS
• City shall designate one or more City Staff members as Push the Show liaison for all communications and scheduling with all City Departments.

• City shall provide all local, day -of event staff for each Event at the Amphitheater, which includes but is not limited to:
o Gate Staff
o Janitorial Staff
o Ushers
o Setup & Breakdown Staff
o Fencing
o Parking Operations
o Venue Management

• City shall be responsible for Amphitheater safety and security, including police department and EMS services.

• City shall be solely responsible for all parking operations at the Amphitheater, for all Events.

• City shall be solely responsible for janitorial, restroom facilities and fencing at Amphitheater for all Events, including any additional temporary fencing and restrooms that may be required.

• City shall be solely responsible for all food truck operations at the Amphitheater for all Events

• City shall have final approval of all artists prior to Push the Show entering into a contract with an artist for an Event at the Amphitheater. Push the Show shall submit a list of desired talent by January 15th of each Operating Season for City review and approval. Any additional talent not listed must be reviewed and approved by City. City will review and approve/deny within two (2) business days of Push the Show’s submittal of the list to City.

• City shall retain responsibility and control over the Amphitheater for all days not reserved by Push the Show for an Event, provided, however, that City agrees to grant Push the Show access to the Amphitheater up to a maximum of two (2) days prior to each Event, which shall be determined between the parties prior to each Event. Push the Show shall indicate on the Master Calendar when access to the Amphitheater in advance of an Event is needed.

• City shall have the right to reserve the Amphitheater to host up to ten (10) Events each Operating Season.

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• City shall submit a request to Push the Show for City’s selected dates by the 30th day of January of the Operating Season. City will receive those requested days unless Push the Show has an existing conflict with an executed or pending contract with Artist or a third - party renter for an Event on the same date(s), in which case the Parties will meet and confer to identify a suitable alternative date(s) for the City-produced Event(s).

• City shall have the right throughout each Operating Season, to select additional dates for use by City up to 120 days in advance, when Push the Show has no Events scheduled on the Master Calendar for that date(s). Such additional City -produced Events shall be for free public Events or Events in which Push the Show has opted not to produce the Event.

• City will review and comment on any Push the Show proposed form agreements, procedures, and policies, within twenty-one (21) days from submittal to City.

EQUIPMENT
• City will provide Push the Show with the materials and equipment identified in Exhibit E , incorporated herewith by reference, for use in operating the Amphitheater, which shall remain the sole and exclusive property of City. This Equipment will be provided if available, upon timely request, which is at least fourteen (14) calendar days prior to the desired date for use.

• At the termination of this Agreement, Push the Show shall return the equipment identified in Exhibit E to City, in the same condition as when it was received by Push the Show, with the exception of ordinary wear and tear.

CONCESSIONS
• Push the Show shall be solely responsible for all alcoholic beverage operations and merchandising sales, for all Events, excluding City-produced Events.

• Push the Show may sell alcoholic beverages at all Events, excluding City -produced Events, with City approval, which approval shall not be unreasonably withheld. Proof of liquor liability insurance satisfactory to the City will be required.

• Alcohol sales and service shall be in compliance with all Laws.

• Alcohol sales shall be limited to beer and wine- based beverages and shall be sold at a minimum price per beverage of five dollars ($5.00) at each Event. The maximum size for each beverage shall be: Beer - sixteen (16) ounces; Wine - nine (9) ounces; and Wine or Beer-based Mixed Drink - twelve (12) ounces.

QUALITY OF OPERATIONS
• Push the Show shall perform all of the duties normally associated with the Production Management of an Amphitheater and shall operate the Amphi theater in the manner that is customary and usual to such an operation and consistent with generally accepted professional procedures and standards.

• Push the Show shall operate the Amphitheater in a safe and efficient manner. Push the Show shall maintain a written Emergency Action Plan and provide its employees with training designed to reduce the risk of injury to employees or guests. The training program shall, as applicable, involve City’s emergency responders.

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• Push the Show shall operate the Amphitheater in a manner that is in compliance with all applicable Laws, City policy, and the terms of this Agreement.

• Push the Show shall use its best efforts to ensure its employees, contractors and agents working at the Amphitheater wear appropriate apparel, are courteous, and exhibit good customer service.

• Push the Show will maintain trained and competent personnel for the management and operation of the Amphitheater, in accordance with any generally applicable industry standards for staffing. Push the Show shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, and safely manage and operate the Amphitheater.

• Push the Show shall monitor whether or not the management and operation of the Amphitheater is in compliance with all Push the Show obligations.

• In no event shall the scope or quality of the services provided by Push the Show be less than those generally performed by professional managers of similar properties in the industry.

• Push the Show shall make available to City the full benefit of the judgement, experience and advice of members of Push the Show regarding the management, operation, and production of Events.

• Push the Show will draft Standard Operating Procedures and an Emergency Action Plan for the safe operation of the Amphitheater. Push the Show shall provide copies of such Procedures and Plans, and all updates thereto, to City.

• Push the Show shall use its best efforts to operate the Amphitheater in a manner that is compatible with the interests of City, the surrounding community and the patrons of the Amphitheater, consistent with this Agreement.

• Push the Show shall be available for communication with City, including without limitation attending periodic meetings with City at times and locations designated by City.

• Push the Show shall keep City advised of items that affect the Amphitheater in any significant manner.

• Push the Show shall provide to City written documentation of all incidents involving personal injur y, property damage, or criminal activity that take place at Events at the Amphitheater, within twenty-four (24) hours of their occurrence, with the exception of City- sponsored Events. Push the Show shall promptly report all criminal activity to the Rocklin Police Department.

MARKETING
• Push the Show shall be solely responsible for marketing all non- City-sponsored Events, as well as marketing the Amphitheater for use as an Event location.

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• Push the Show shall market the Amphitheater under the name “Quarry Pa rk Amphitheater.” Push the Show may utilize branding and logo provided by City, or Push the Show may utilize other branding and logo, if that branding and logo are approved by the City. If Push the Show uses branding or logo for the Amphitheater in addition to that provided by the City, Push the Show shall transfer the additional branding/logo/copyright/trade or service marks and all rights thereto, to City upon termination of this Agreement.

• All customer lists and records generated by Push the Show pertaining to the management and operation of the Amphitheater under this Agreement, whether in existence at the commencement of Push the Show operation of the Amphitheater or compiled thereafter, shall be tr eated as the property of Push the Show. City and Push the Show shall each control their respective customer lists, records or similar information pertaining to the Amphitheater. The parties may mutually agree to distribute advertising for City and Push the Show Events to the other party’s customer database.

• Push the Show’s marketing of the Amphitheater shall be family-friendly.

• Push the Show shall be responsible for acquiring and managing all sponsorships. All sponsors are subject to the approval of City, which approval shall not be unreasonably withheld.

• All sponsorship signage must be approved by City. Temporary sponsor signage may be displayed during each event, however, any sponsor signage or advertising to be displayed outside of individual Events must be approved by City.

• Push the Show shall provide City with copies of all sponsorship agreements entered within thirty (30) days of execution.

• City will advertise Events through City’s subscriber email system and social media accounts upon a timely request from Push the Show without charge, whenever feasible.

An advertising request is timely if all final advertising copy to be distributed is provided to City in a form acceptable to City at least thirty (30) calendar days prior to Push the Show desired date for distribution. City reserves the right to deny any request.

• City agrees to market the Amphitheater based on Push the Show’s marketing plan upon approval and available funding by City.
o City will allocate twenty-five thousand dollars ($25,000) per year in paid Marketing initiatives and assistance to Amphitheater operations.

SUB-CONTRACTING
• Push the Show may subcontract with a third party to provide any of the operations services described in herein for an Event, with City approval. Push the Show shall provide a copy of the form agreement to City for its review and approval prior to entering into the first agreement with a subcontractor for an Event.

• Push the Show shall have the right to rent the Amphitheater to a third party for Events , with City approval. Push the Show shall provide a copy of the form rental agreement(s), procedures, policies and fees to City for its review and approval prior to the first rental of the Amphitheater for an Event.

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• Push the Show shall have the right to enter into a partnership agreement with a third party to produce an Event, with City approval. Push the Show shall provide a copy of the partnership agreement to City for its review and approval prior to entering into an agreement with a partner for an Event. City is not responsible for honoring any such agreements entered into by Push the Show upon termination of this Agreement. • Push the Show is not authorized to negotiate or enter into any agreements on City’s behalf.

FINANCIAL REPORTING
• Push the Show will provide City with a copy of their Operating Budget by October 1 each year of the Term.

• In addition to the ticket sales reports provided to City, Push the Show shall keep an accurate record of attendance at Push the Show managed or produced Events. Such records shall be made available to City upon request.

• Following delivery of each Amphitheater Report, Push the Show shall consult with City to discuss the issues raised in the report or other topics of concern to City.

• Push the Show shall also provide any written reports, financial reports, and information which may be reasonably requested by City from time to time. Push the Show shall provide City with proof of reporting and payment to Broadcast Media Inc. (“BMI”), the American Society of Composers, Authors, and Publishers (“ASCAP”), and the Society of European Stage Authors and Composers (“SESAC”) royalties to City within five (5) calendar days of the end of each Operating Season. (additional reporting agency language?)

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EXHIBIT B

Schedule of Performance

Push the Show shall produce a minimum of eight (8) Concert Events at the Amphitheater each season for the remaining term of this Agreement. Push the Show shall perform all duties and obligations listed and contained in the Agreement.

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EXHIBIT C

Schedule of Fees

PUSH THE SHOW OPERATIONS COSTS AND REVENUES
• Except as otherwise expressly agreed to in the Agreement, Push the Show shall be responsible for all Event production costs, which includes all costs associated with Event production not otherwise addressed in the Agreement, including but not limited to:
o Artist Contracts
o Sound & Lights
o Hospitality
o Ticketing
o Production Management
o Marketing & Sponsorship Deliverables
o Artist Contracts

• Push the Show is responsible for, and will pay all fees associated with music licensing and other permits required for an Event, other than City-sponsored Events.

• Push the Show and its subcontractors are responsible for payment of sales tax, if any, associated with Events, other than City-sponsored Events. ‘

• Push the Show shall be responsible for acquiring and managing all sponsorships All sponsorship agreements shall terminate upon termination of this Agreement. Push the Show shall retain one hundred percent (100%) of sponsorship revenue.

• Push the Show shall be responsible for all ticketing software, fees, and management.

Push the Show shall retain one hundred percent (100%) of all ticketing revenue.

• Push the Show shall be responsible for all alcohol sales and shall retain one hundred percent (100%) of alcohol related revenue.

• Push the Show shall be responsible for all merchandising vendors (e.g. artist merchandise, clothing, business booths) and shall retain one hundred percent (100%) of all merchandising vendor revenue.

• All non-ticketed Events will be mutually agreed upon by City and Push the Show.

CITY OPERATIONS COSTS AND REVENUES
• City shall be responsible for all City employee staffing costs.

• City shall be responsible for all City contracted services and associated costs.

• City shall be responsible for all utility costs related to Amphitheater operations.

• City shall be responsible for all costs for any services provided by the Rocklin Police Department for all Events.

• City is responsible for all costs associated with Amphitheater fencing and security.

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• City shall be responsible for twenty-five thousand dollars ($25,000) per year in paid Marketing initiatives and assistance to Amphitheater operations.

• Push the Show shall pay to City four dollars ($4.00) per ticket sold or otherwise provided to a third party at full cost or reduced cost, for each Ticketed Concert Event. This fee shall not be published in connection with the sale of tickets (i.e., on Push the Show website, at the time of ticket purchase, or on the ticket s issued to purchasers). Push the Show shall not be required to pay the above four dollar ($4.00) fee to City for any tickets that are provided to City free of charge. Push the Show shall provide City with a report of tickets issued through a third-party (i.e., Ticketmaster or Eventbrite) within seven (7) calendar days following each Concert Event.

• Push the Show shall pay to City an additional one thousand dollars ($1,000) for any sold- out Concert or Event produced by Push the Show.

• City shall be responsible for all operating costs for parking operations and shall retain one hundred percent (100%) of revenue from parking operations. Each Event parking fee per vehicle shall be set at City’s sole discretion. City will discuss any parking fee increases with Push the Show each year prior to implementation.

• City shall be responsible for booking all food trucks and food truck operations and shall retain one hundred percent (100%) of revenue from such operations.

PAYMENT TERMS
• City shall invoice Push the Show for the fees described herein within thirty (30) calendar days following each Event. Push the Show shall remit payment to City net thirty (30) days from receipt of invoice.

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EXHIBIT D
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EXHIBIT E

Equipment List

1. Portable Tables

2. Chairs for Venue Seating

3. Folding Chairs

4. EZ-Ups

5. Ice Chests

6. Portable Communication Radios

7. Gator

8. Stage Lift Equipment

9. Conex Storage Container (located behind stage)

10. Bike Rail & Barricades

11. A-Frame & Sandwich Board Signs

12. Stanchions

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City Council
Staff Report

Subject:

Landscape Maintenance Agreement
Date:

February 25, 2025
Submitted By:

Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:

Public Works
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving a Landscape Maintenance Agreement and Authorizing the City Manager to Execute the Landscape Maintenance Agreement with Chapa-De Indian Health Program, Inc.

Background:

On August 6, 2024, the Rocklin Planning Commission adopted Resolution No. PC-2024-25 (Attachment 2), approving the Design Review of the Chapa-De Indian Health South Placer Facility. As part of the approval, the Developer (Chapa-De) has agreed to maintain the City- owned landscape area within the City-owned right-of-way along the Chapa-De perimeter, located on Wildcat Boulevard and West Stanford Ranch Road. Chapa-De will maintain the landscape and irrigation system on the City-owned right-of-way located on Wildcat Boulevard and West Stanford Ranch Road, as identified on the Project Location Map (Attachment 3).

A Landscape Maintenance Agreement is required to formalize this arrangement. This agreement will ensure a uniform landscape treatment and simplify maintenance responsibilities. This agreement provides a benefit to both Chapa-De and the City by eliminating the need to install duplicative irrigation systems for both the project frontage and the City’s right-of-way. It also provides the Developer control of the aesthetics of their frontage and long-term maintenance savings to the City. The agreement requires the Developer to maintain proper insurance coverage, naming the City as an additional insured. The agreement also includes the City’s standard hold harmless provision.

Staff has determined that this agreement is beneficial to both Chapa-De and the City and recommends approval.

Fiscal Impact:

There is no direct fiscal impact to the General Fund from the staff recommendation.

Item Number C20.

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ATTACHMENTS:

1. Resolution and Agreement

2. Planning Commission Resolution PC-2024-25

3. Project Location Map
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Resolution No. 2025- February 25, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING A LANDSCAPE MAINTENANCE AGREEMENT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE LANDSCAPE MAINTEEANCNE
AGREEMENT WITH CHAPA-DE INDIAN HEALTH PROGRAM, INC.

WHEREAS, on August 6, 2024, the City of Rocklin Planning Commission approved the design review for Chapa-De Indian Health Program, Inc. Resolution PC2024-25 (Chapa-De Indian Health South Placer Facility / DR2023-0014); and WHEREAS, Condition No. 7 in the Design Review requires the Developer and the City enter into a Landscape Maintenance Agreement whereby the property owner shall maintain the irrigation system and all plant materials.

The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin approves and directs the City Manager to execute an agreement for landscaping maintenance between the City of Rocklin and Chapa-De Indian Health Program, Inc., in the form attached hereto as Exhibit A and by this reference incorporated herein.

Section 2. The City Clerk is authorized and directed to record the Landscaping Maintenance Agreement in the Office of the Placer County Recorder when fully executed and notarized.

PASSED AND ADOPTED this 25th day of February, 2025, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta SIngh, City Clerk
667
Recording Requested by
and Return to:

No Fee Per Gov’t Code § 27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

LANDSCAPING MAINTENANCE AGREEMENT
(Chapa-De Indian Health Program, Inc.)
This Agreement is entered into as of February 25, 2025, by and between the City of Rocklin, a municipal corporation (“City”) and Chapa-De Indian Health Program, Inc. (“Developer”).

RECITALS

1. Developer has received approval for and is pursuing construction of the project known as Chapa-De Indian Health South Placer Facility (“Project”) approved by Rocklin Planning Commission Resolution No. PC 2024-25.

2. A condition of approval of the Project requires Developer to landscape and maintain the perimeter of the site, along Wildcat Boulevard and West Stanford Ranch Road. The landscaped areas of the Project and the adjacent right-of-way are depicted on Exhibit A, attached hereto and by this reference is incorporated herein, (“Landscaped Area”). The portion of the Landscaped Area within the City right-of-way would normally be maintained by the City out of revenues generated by CFD 5 (the “District”) of which the Project is a part.

3. To insure a uniform landscaping treatment and simplify maintenance responsibilities, City and Developer enter into this Agreement to allow Developer to landscape the right-of-way portions of the Landscaped Area along with the Project landscaping and assume maintenance responsibility for the entire Landscaped Area.

4. Developer shall prepare and submit to the City’s Director of Community Development and the City’s Public Works Director final landscape and irrigation plans for all of the Landscaped Area shown on Exhibit A and in compliance with all conditions of Project approval.
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5. Developer shall obtain an encroachment permit for all improvements within the public right-of-way. Developer shall post a performance bond and labor and materials payment bond (or other equivalent financial security) in the amount of 100% of the cost of the improvements to be constructed in the public right-of-way as improvement security to ensure the faithful performance of all duties and obligations required of Developer in the construction of the improvements. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit, or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City.

6. Developer shall supply City with a complete set of as-built plans of the landscaping and irrigation system within five (5) days of final inspection and approval.

7. Developer shall at all times maintain the Landscaped Area in a professional manner commensurate with the standard of maintenance provided by City in its landscaped rights-of-way in the vicinity of the Project site.

8. Insurance.

A. Developer shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of work under this Agreement and the results of that work by Developer, its agents, representatives, employees, or subcontractors. All coverage available to the Developer as named insured shall be made available to the City, its officers, employees and volunteers as additional insured.

Developer shall provide to City the full policy limits of Developer’s insurance, with coverage at least as broad as, and limits no less than, the following:

1. General Liability. Developer shall maintain in full force and effect a policy of commercial general liability insurance (ISO occurrence form CG0001) with limits no less than the following: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this agreement, or the general aggregate limit shall be twice the required occurrence limit.

2. Worker’s Compensation and Employer’s Liability Insurance.

Developer shall fully comply with the law of California concerning worker’s compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Developer may have for worker’s compensation. Developer shall also maintain in full 669
force and effect a policy of employer’s liability insurance with limits no less than the following: one million dollars ($1,000,000) each accident; one million dollars ($1,000,000) policy limit bodily injury by disease; one million dollars ($1,000,000) each employee bodily injury by disease.

3. Automobile. Developer shall maintain in full force and effect a policy of commercial automobile liability insurance (ISO Form CA0001 Code 1 (any auto) or Code 8, 9 if no automobiles owned), with limits no less than the following: one million dollars ($1,000,000) per accident for bodily injury and property damage.

B. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, employees and volunteers shall be added as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Developer, and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code.

2. For any claims related to work or operations performed by or on behalf of Developer, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it.

3. Coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice has been given to the City.

C. The insurance company or companies providing Developer the coverages required by this Agreement shall be admitted in the State of California and have a current A.M. Best’s rating of no less than A:VIII or equivalent acceptable to City.

D. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees and volunteers; or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. The insurance shall be maintained from the time the work first commences until completion of the work under this Agreement and shall be on an occurrence policy form.
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F. If Developer, for any reason, fails to maintain insurance coverage which is required under this Agreement, the failure shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from Developer resulting from the breach.

G. Developer shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

H. Developer shall furnish City with original certificates and amendatory endorsements effecting coverage required by this Agreement. The certificates and endorsements should be on forms provided by the City, or on other than the City’s forms, provided those endorsements or certifications conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement at any time.

Developer shall replace certificates of insurance for policies expiring prior to completion of the work under the Agreement, and shall continue to furnish certificates for five years beyond the Agreement terminate date, when the Developer has a claims made form of insurance.

I. The worker’s compensation and employee’s liability insurance are to contain, or be endorsed to contain, the following provision: the State Compensation Insurance Fund waives any right of subrogation against the City, its officers, employees, and volunteers, which might arise by reason of any payment by the State Compensation Insurance Fund in connection with work performed by Developer under this Agreement.

9. Developer shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses, including litigation costs and attorneys fees, arising out of Developer's performance or non-performance of its duties and obligations under this Agreement, caused in whole or in part by any negligent act or omission of Developers, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.

10. Developer agrees to remedy any defects in the landscaping and irrigation system within the Landscaped Area arising from faulty or defective design or construction occurring at any time during the term of this Agreement. 671

11. Attorney Fees; Litigation Costs.

If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and other expenses in addition to any other relief to which such party may be entitled.

Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.

Whenever provision is made in this Agreement for the payment of attorney’s fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.

Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.

12. This Agreement may be terminated by either party upon thirty (30) days written notice to the other. Upon notice of termination being given, and within that thirty (30) day period, Developer shall complete the following requirements:

A. Developer, at its sole cost, shall provide for the continued irrigation of the public right-of-way portion of the Landscaped Area, separate from the privately owned portion of the Landscaped Area.

B. Developer shall modify or replace the then existing irrigation system, to the satisfaction of City, and install, or pay the City the cost to have installed, a City water meter located within the public right-of-way. If the Developer fails to perform the work necessary to revise the irrigation system and install a City water meter, the City may at its option, perform or cause to be performed said work on behalf of Developer and assess a lien against Developer’s property for the cost of the work.

13. The obligations set forth in this agreement are covenants that run with the land and are appurtenant to and shall burden Developer's property (and any portion into which such property may hereafter be divided), and are for the benefit of the adjacent City owned right-of-way.
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14. This Declaration shall inure to the benefit of and be binding upon Developer, and their respective heirs, personal representatives, successors and assigns, and upon any person acquiring Developer’s property, or any portion thereof, or any interest therein, whether by operation of law, foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

15. Notices shall be deemed given when mailed first class, postage prepaid, or personally delivered to the principal office of the other party at the following address:

City: City of Rocklin
c/o City Manager
3970 Rocklin Road
Rocklin, California 95677
Developer: Chapa-De Indian Health Program, Inc
2495 Bell Road
Auburn, CA 95630
Notices may be sent to such other persons and addresses as either party may designate from time-to-time in writing.

16. This Agreement shall be recorded in the Office of the Placer County Recorder.

The parties have executed this Agreement on the date first above written.

CITY OF ROCKLIN
By:_______________________________________
Aly Zimmermann, City Manager
DEVELOPER:

Signature:_________________________________
Print Name:________________________________
Its:_______________________________________
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APPROVED AS TO FORM
Matthew McOmber, City Attorney
ATTEST
Avinta Singh, City Clerk
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ACKNOWLEDGEMENT
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.

State of California
County of ______________
On ______________ before me, ____________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________. (Seal)
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________. (Seal)
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677
RESOLUTION PC-2024-25

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROCKLIN

RECOMMENDING APPROVAL OF A DESIGN REVIEW

(Chapa-De Indian Health South Placer Facility / DR2023-0014)

The Planning Commission of the City of Rocklin does resolve as follows:

Section 1. The Planning Commission of the City of Rocklin finds and determines that:

A. Design Review (DR2023-0014) approves the site design, landscaping, architectural designs, colors and materials for the Chapa-De project; an approximately 97,000-square-foot health center built out over two or more phases to provide medical, dental, optometry services, related administrative functions, and pharmaceutical services on undeveloped land in the northwestern area of the C ity near the Whitney Ranch neighbor hood. The Assessor’s Parcel Number s (APN) are 378-010-013, 378 - 010-014, 378-010-015.

B. A Mitigated Negative Declaration and a Mitigation Monitoring Program for this project has been recommended for approval via Planning Resolution No. PC -2024-

24. C. The design of the site is compatible with the adjacent area , surrounding development, natural features , constraints, and traffic flow . The architectural design, colors and materials, and landscaping of the proposed commercial facility is consistent with the adjacent development. The architectural design of the site will have no impact to natural features within the area or traffic flow , beyond that which was identified in the Mitigated Negative Declaration.

D. The height, bulk, area, color scheme, and materials of the buildings and structures are compatible with the surrounding development. The average height of the Chapa-De buildings, as defined by the California Building Code, is approximately 35.5 feet, which aligns with the site’s Planned Develo pment Business Professional / Commercial / Light Industrial (PD -BP/C/LI) zoning’s maximum height of 50- feet. The colors and materials have been chosen to harmonize with neighboring developments and adhere to the Citywide Design Guidelines.

E. The buildings and structures have been oriented with consideration given to minimizing energy consumption and maximizing use of natural light ing. The project design incorporates sustainable features consistent with the California Green Building Standards Code (CA LGreen). The project provides electric vehicle charging spaces consistent with CALGreen. The position of the buildings in a north- south orientation maximizes passive solar access and natural lighting. The project shall be consistent with all California Buildin g Code requirements. The project is consistent with the style, type, 678

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and orientation of lighting with nearby developments, as well as with the requirements of the Citywide Design Guidelines.

F. Parking is consistent with requirements set forth in Section 17.66.040 of the Rocklin Municipal Code (RMC) with requires the project to provide for a total of 485 parking spaces , with 491 spaces being proposed. Ingress/egress patterns have been analyzed by the City’s Engineering staff and have been determined to be consistent with City standards.

G. The landscaping design is compatible with surrounding development s and has been designed with provisions for minimizing water usage and maintenance needs.

The landscaping is also consistent with the requirements of t he Citywide Design Guidelines. The project will install landscape improvements throughout the project and along the Wildcat Boulevard and West Stanford Ranch Road frontages. The landscape concept is water-efficient, low maintenance, and will complement the buildings and make a positive contribution to the site’s overall aesthetics. Low -profile shrubs, including screening shrubs, are planned along with shade and canopy trees. The planting design features various drought-tolerant, and fire-resistant species to create layers of color and texture to complement the architectural style and setting.

H. The design of the site and buildings or structures is consistent with the goals and policies of the General Plan, as well as the Business Professional / Commercia l / Light Industrial (BP/COMM/LI) land use designation, the Planned Development Business Professional / Commercial / Light Indust rial (PD-BP/C/LI) zoning within the Stanford Ranch General Development Plan, and all other City regulations, standards, an d restrictions. The buildings are consistent with the Citywide Design Guidelines. The location of signs and graphics is consistent with requirements of the Rocklin Municipal Code and would not obstruct visibility.

Section 2. The Design Review for the Chapa-De project (DR2023-0014) as depicted in Exhibit A attached hereto and by this reference incorporated herein, is hereby recommended for approval subject to the conditions listed below. The approved Exhibit A shall govern the design and construction of t he project. Any condition directly addressing an element incorporated into Exhibit A shall be controlling and shall modify Exhibit A. All other plans, specifications, details, and information contained within Exhibit A shall be specifically applicable to the project and shall be construed as if directly stated within the conditions for approval. Unless otherwise expressly stated, the applicant / developer shall be solely responsible for satisfying each condition prior to a final Building Permit Inspection or Is suance of a Certificate of Occupancy as applicable. The agency and / or City department(s) responsible for ensuring implementation of each condition is indicated in parenthesis with each condition.

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B. Conditions

1. Utilities

a. All utilities, includin g but not limited to Internet, water, sewer, telephone, gas, electricity, and conduit for cable television shall be provided to the project in compliance with all-applicable standards and requirements of the applicable provider. (APPLICABLE UTILITY)

b. Solid Waste Disposal – The applicant shall install masonry trash enclosures with solid metal gates to the satisfaction of the Community Development Director. The location and design of trash enclosures shall provide for a minimum clear width and gate opening of 11 feet, a minimum interior depth of 14 feet (to accommodate two trash bins), and gates designed to clear adjacent curbing to the sat isfaction of Recology Auburn Placer. (RECOLOGY AUBURN PLACER, ENGINEERING, BUILDING,

PLANNING)

c. Prior to issuance of improvement plans, the project shall obtain necessary easements, on- and off-site, as required to accommodate water services, to the satisfaction of Placer County Water Agency (“PCWA”). (PCWA)

d. Prior to issuance of improvement plans, the project shall obtain ne cessary easements, on- and off-site, as required to accommodate sewer services, to the satisfaction of South Placer Municipal Utility District (“ SPMUD”). (SPMUD)

e. Prior to issuance of the first Building Permit, the project shall be included in the appropri ate City financing districts, as needed, to most efficiently provide for public maintenance of public landscaping, and improvements such as sound walls, and provision of new or enhanced services such as street lighting to the satisfaction of the City Finance O fficer (FINANCE,

ENGINEERING, PUBLIC SERVICES)

It is anticipated that the following will be necessary:

Annexation into: CFD No. 1 and/or CFD No. 5

2. Schools

At the time of issuance of a Building Permit, the developer shall pay to the Rocklin Unified School District (“RUSD”) all fees required under Education Code Section 17620 and Government Code Section 65995. (RUSD, BUILDING)

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3. Fire

1. The project shall comply with Title 24 of the California Code of Regulations, the Rocklin Municipal Code, Calif ornia-adopted national standards, and Rocklin Fire Department guidelines.

2. A looped fire service main, with two separate points of connection to the public water system, is required for the project. Separate shop drawings for the private fire service water main shall be submitted to the Rocklin Fire Department for review and approval prior to installation.

3. An aerial fire apparatus road is required for this building to comply with current California Fire Code requirements. Due to topographic challenges pr esented by the site, additional measures to access the building roof are required by the Rocklin Fire Department. Fixed roof ladders s hall be provided, to the satisfaction of the Fire Chief, in approved locations on the roof. The fixed roof ladders shall be shown as part of the architectural plan submittal and shall be approved prior to installation.

4. An Emergency Responder Radio Coverage System (ERRCS) is required for th e Phase 1 building under the Rocklin Fire Department guideline as the total building area exceeds 30,000 SF. If an approved ERRCS contractor can provide test data which determines that an ERRCS installation is not required, then the requirement may be waived by the Fire Chief. However, the project is required to install the conduit necessary to support an ERRCS installation, should one be required once testing can be completed. The conduit must be shown on the architectural plans, reviewed and approved, and inspected during construction.

Testing of the communication coverage within the bui lding is required to be conducted by an approved third party contractor, as soon as the building envelope is completed and walls are in place.

Should testing determine that a full ERRCS installation is required, a separate permit for the ERRC system is r equired to be reviewed and approved prior to installation.

4. Improvements / Improvement Plans

Prior to any grading, site improvements, or other construction activities associated with this project improvement plans shall be prepared consistent with the exhibits and conditions incorporated as a part of this entitlement, and in compliance with all applicable city standards, for the rev iew and approval of the City Engineer, Public Works Director, and/or the Community Development Director.

Improvement plans shall be valid for a period of two years from date of approval by the City Engineer. If substantial work has not been commenced within that time, or if the work is not diligently pursued to completion thereafter, the City Engineer 681

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may require the improv ement plans to be resubmitted and/or modified to reflect changes in the standard specifications or other circumstances.

The project improvement plans shall include the following:
(ENGINEERING, PUBLIC WORKS, PLANNING)

a. The complete text of the project’s Design Review conditions of approval.

b. A detailed grading and drainage plan prepared by a registered civil engineer, in substantial compliance with the approved project exhibit(s) and in accord with the City of Rocklin Post -Construction Manual. The grad ing and drainage plan shall include the following:

i. All storm drainage run- off from site shall be collected into a City standard sand and oil trap manhole, approved vegetated swale (or an equal as approved by the City Engineer) prior to discharge of storm run-off offsite. Applicant shall design storm drain facilities to the satisfaction of the City Engineer.

ii. Prior to issuance of improvement plans, to ensure compliance with the National Pollutant Discharge Elimination System MS4’s General Permit and the regulations and orders of the State Water Resources Control Board, the applicant shall prepare and implement a Stormwater Control Pla n for the on- site treatment systems and hydromodification controls (if any, or acceptable alternatives to the satisfaction of the City Engineer and Environmental Services Manager). All on- site specified treatments systems and hydromodification controls shall be privately owned and maintained.

iii. All storm drainage inlets shall be stamped with City Engineer approved wording indicating that dumping of waste is prohibited and identifying that the inlets drain into the creek system.

iv. Developer shall prepare a st orm water pollutant protection plan (“SWPPP”) for review and approval by the State Regional Water Quality Control Board as part of the project's drainage improvement plans.

v. Construction related and permanent Best Management Practices (“BMPs”) and Best Available Technologies (“BATs”) shall be incorporated into the final project design and / or noted on the Improvement Plans a s a ppropriate to reduce urban pollutants in runoff, consistent with goals and standards established under Federal and State non -point source discharge regulations (NPDES permit) and Basin Plan water quality objectives. Storm water runoff BMPs selected fro m the Storm Water Quality Task Force, the Bay 682

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Area Storm Water Management Agencies Association Start at the Source – Design Guide Manual, or equally effective measures shall be identified prior to final design approval and shall be incorporated into projec t d esign and / or noted on the Improvement Plans as appropriate.

To maximize effectiveness, the selected BMPs shall be based on finalized site-specific hydrologic conditions, with consideration for the types and locations of development. Mechanisms to maint ain the BMPs shall be identified in on improvement plans.

vi. Prior to the commencement of grading operations, and if the project site will not balance with respect to grading, the contractor shall identify the site where any excess earthen material shall be deposited. If the deposit site is within the City of Rocklin, the contractor shall submit a report issued by a technical engineer t o verify that the exported materials are suitable for the intended fill and show proof of all approved grading plans. Haul routes to be used shall be specified. If the site requires importing of earthen material, then prior to the commencement of grading operations, the contractor shall identify the site where the imported earthen material is coming from and the contractor sh all submit a report issued by a technical engineer to verify that the imported materials are suitable for the intended fill and show proof of all approved grading plans.

Haul routes to be used shall be specified.

c. If at any time during the course of grading or construction activities evidence of the existence of old wells, septic systems or other similar features or any other evidence of soil and/or groundwater contamination with hazardous material is encountered, work shall be halted within 100 feet of the find and the City of Rocklin Engineer shall be notified. The City Engineer shall make a determination as to the nature of the feature(s) (and/or contamination, the appropriate size for a buffer around the feature beyond which work could continue on the balance of the site, and which outside agencies, if any, should be notified and involved in addressing and / or remediation of the feature or contamination. At the discretion of the City Engineer and at the applicant’s expense, a qualified consultant(s) s hall be retained to assess and characterize the feature or contamination and to determine appropriate remediation, if any. Remediation of the feature including obtaining any special permits and/or approvals as needed shall be completed and documented to th e satisfaction of the City Engineer and any responsible agencies, such as but not limited to the Placer County Department of Environmental Health, and the Central Valley Regional Water Quality Control Board, prior to completion of grading / construction in the affected area.

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d. All on-site standard improvements, including but not limited to:

i. All access and grading improvements as s hown on Exhibit A. (PLANNING, ENGINEERING)

ii. Paving, curbs (including concrete curbs to contain all landscape areas adj acent to vehicle parking areas or travel lanes), gutters, sidewalks, drainage improvements, irrigation improvements (including main lines and distribution lines where located under paved areas), utility improvements, parking lot lights, fire hydrants, retaining walls, fences, pilasters, enhanced pavement treatments, trash enclosures, etc. (PLANNING, ENGINEERING)

iii. All necessary easements for drainage, access, utilities, etc. shall be shown and offered for dedication (or Irrevocable Offer of Dedication provided) with the improvement plans. (PLANNING,

ENGINEERING)

iv. To the extent possible, underground facilities such as, but not limited to, electrical, gas, water, drainage, and irrigation lines shall be located outside of or to the edge of areas designated for landscaping so as to minimize impacts to the viability of these areas. (PLANNING,

ENGINEERING)

e. Off-site improvements:

i. The existing curb, gutter, and sidewalk on Wildcat Boulevard and West Stanford Ranch Road shall be replaced and/or restored i f damaged during construction, to the satisfaction of the Public Works Director. (PUBLIC WORKS, ENGINEERING)
ii. The existing ADA ramp at the northwest corner of Wildcat Boulevard and West Stanford Ranch Road shall be upgraded to current Caltrans standards.
iii. The completed traffic stripes and markings shall have clean, well - defined edges, without deformations and be free of tears or other disfigurements. Improperly placed, defective or disfigured traffic stripes and markings shall, at the Contractor’s expense, be immediately removed from the pavement surface by methods approved by the City. Completed traffic stripes shall be uniform, straight on tangent alignment and on a true arc on curved alignment. iv. Contractor shall be responsible for removing all Underground Service Alert (USA) markings from pavement surfaces, at the contractor’s expense, with methods approved by the City of Rocklin, within existing or future City streets and City owned properties, prior to final inspection and acceptance of project improvements. 684

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v. Improvement plans shall include landscape and irrigation plans for new landscaping and modifications to existing landscaping in the public rights-of-way (e.g., back of sidewalk/curb and/or median(s)) along Wildcat Boulevard and West Stanford Ranch. (PUBL IC

WORKS, PLANNING, ENGINEERING)

A. The right -of-way landscape plans shall conform with the requirements of Condition 6, below, to the s atisfaction of the Public Works Director.

B. Right-of-way landscaping shall conform to Exhibit A, to the satisfaction of the Public Works Director.

C. Granite or moss rock boulders along the planting strips, consistent with existing features, in the right-of-way.

D. In all landscape areas, add Walk-on Bark to existing and new landscape areas for a uniform look.

E. Prior to con struction of the project driveways, City mainline, laterals and irrigation wires shall be placed in sleeves.

g. A detailed parking lot signage and striping plan designed per City standards

, and Figure 5 of the Fehr and Peers Site Access & Circulation Study dated July 3, 2024, that indicates all parking spaces, aisles, entrances, and exits, including onsite signage and any required offsite signage in the public right- of-way. The locations shall be coordinated with and approved by Public Works to ensure the si gns are located appropriately and that there is no damage to other infrastructure. (PLANNING, ENGINEERING)

h. Prior to any grading or construction activities including issuance of improvement plans, the developer shall submit a design- level soil investigation for the review and approval of the City Engineer and Chief Building Official that evaluates soil and rock conditions, particularly the potential for expansive soils. The professional engineer that prepared the soil investigation shall recommend appropria te roadway construction and foundation techniques and other best practices that are to be implemented by the project during construction. These techniques and practices shall address expansive soils or other geological concerns requiring remediation, including but not limited to: (BUILDING, ENGINEERING)

• Recommendations for building pad and footing construction; • Use of soil stabilizers or other additives; and
• Recommendations for surface drainage.

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i. Notes addressing conformance with the development stan dards and requirements of the City of Rocklin shall be included on the project improvement plans, including but not limited to the following: (PLANNING,

ENGINEERING)

i. Prior to commencement of grading, the developer shall submit a Construction Emission / Du st Control Plan for approval by the City Engineer and the Placer County Air Pollution Con trol District (“APCD”). This plan must address how the project meets the minimum requirements of sections 300 and 400 of Rule 228-Fugitive Dust.
ii. Any diesel -powered equip ment used during project construction shall be Air Resources Board (“ARB”) certified.
iii. The prime contractor shall submit to the Placer County Air Pollution Control District a comprehensive inventory (e.g., make, model, year, emission rating) of all the heav y-duty off -road equipment (50 horsepower or greater) that will be used in aggregate of 40 or more hours for the construction project. If any new equipment is added after submission of the inventory, the prime contractor shall contact the District prior to the new equipment being utilized. At least three business days prior to the use of subject heavy -duty off -road equipment, the project representative shall provide the District with the anticipated construction timeline including start date, name, and phone number of the property owner, project manager, and on- site foreman.
iv. Construction equipment exhaust emissions shall not exceed Placer County APCD Rule 202 Visible Emission limitations. Operators of vehicles and equipment found to exceed opacity limits are to be immediately notified by APCD to cease operations and the equipment must be repaired within 72 hours.
v. Processes that discharge 2 pounds per day or more of air contaminants, as defined by California State Health and Safety Code Section 39013, to the atmosphere may require a permit. Developers / Contractors should contact the Placer C ounty Air Pollution Control District prior to construction or use of equipment and obtain any necessary permits.
vi. During construction, the contractor shall minimize idl ing time to a maximum of five (5) minutes for all diesel-powered equipment. vii. Traffic speeds on all unpaved road surfaces shall be posted at fifteen (15) mph or less.
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viii. During construction the contractor shall utilize existi ng power sources (e.g., power poles) or clean fuel (e.g., gasoline, biodiesel, natural gas) generators to minimize the use of temporary diesel power generators.
ix. All construction equipment shall be maintained in clean condition. x. The prime contractor shall be responsible for keeping adjacent public thoroughfares clean of silt, dirt, mud, and debris, and shall “wet broom” the st reets (or use another method to control dust as approved by the City) if silt, dirt mud or debris is carried over to adjacent public thoroughfares.
xi. If fill dirt is brought to or exported from the construction site, tarps or soil stabilizers shall be placed on the dirt piles to minimize dust problems.
xii. All grading operations shall be suspended when fugitive dust emissions exceed Placer County Air Pollution Control District R ule 228-Fugitive Dust limitations. The prime contractor shall be responsible for having an individual who is CARB-certified to perform Visible Emissions Evaluations (“VEE”). This individual shall evaluate compliance with Rule 228 on a weekly basis.
xiii. Fugitive dust emissions shall not exceed 40% opacity and shall not go beyond the property boundary at any time. If lime or other drying agents are utilized to dry out wet grading areas, the developer shall ensure such agents are controlled so as not to exceed D istrict Rule 228-Fugitive Dust limitations.
xiv. The prime contractor shall suspend all grading operations when wind speeds (including instantaneous gusts) are excessive and dust is impacting adjacent properties.
xv. Water shall be applied to control fugitive dust, as needed, to prevent impacts offsite. Operational water trucks shall be onsite to co ntrol fugitive dust. Construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off- site.
xvi. In order to minimize wind driven dust during construction, the prime contractor shall apply methods s uch as surface stabilization, establishment of a vegetative cover, paving, (or use another method to control dust as approved by the City).
xvii. Open burning of any kind shall be prohibited. All removed vegetative material shall be either chipped on site or t aken to an appropriate recycling site, or if a site is not available, a licensed disposal site. 687

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xviii. Chemical soil stabilizers, vegetative mats, or other appropriate best management practices, in accordance with manufacturers’ specifications, shall be applied t o al l-inactive construction areas (previously graded areas which remain inactive for 96 hours). xix. All exposed surfaces shall be revegetated as quickly as feasible. j. The following cultural resource and tribal cultural resource condition s shall be included i n t he project notes on the improvement plans, to the satisfaction of the City Engineer:

i. If subsurface deposits believed to be historical, archaeological, paleontological, tribal, and/or human in origin are discovered during construction and/or ground disturbance, all work must halt within a 100- foot radius of the discovery. A qualified cultural resources specialist meeting the Secretary of Interior’s Standards and Qualifi cations for Archaeology must assess the significance and determine whether the find is historical, archaeological, paleontological, tribal, and/or human in origin. Based on the assessment, the following notifications shall apply, depending on the nature of the find:

a. If the qualified cultural resources specialist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required.

b. If the qualified cultur al resources specialist determines t he find may be a tribal cultural resource, a Native American
Representative from tradi tionally and culturally affiliated Native American Tribes shall be immediately contacted and invited to assess the significance of the find and make recommendations for further evaluation and treatment, as necessary. Work at the discovery location cannot r esume until it is determined by the City, in consultation with culturally affiliated tribes, that the find is not a tribal cultural re source, or that the find is a tribal cultural resource and all necessary investigation and evaluation of the discovery und er the requirements of the CEQA, has been satisfied. The qualified cultural resources specialist shall have the authority to modify the no- work radius as appropriate, usi ng professional judgement.

c. If the qualified cultural resources specialist determines that the find does represent a cultural resource from any time period or cultural affiliation, they shall immediately notify the City. The City and qualified cultural resou rces specialist shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be eligible for inclusion in the NRHP or CRHR. Work may not resume within the no- work 688

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radius until the City, through consul tation as appropriate, determine that the site either: 1) is not eligible for the N RHP or CRHR; or 2) that the treatment measures have been completed to their satisfaction.

d. If the find includes human remains, or remains that are potentially human, reasonable protection measures shall be taken to protect the discovery from disturbance ( AB 2641). The qualified cultural resources specialist shall notify the Placer County Coroner (per §7050.5 of the Health and Safety Code). The provisions of §7050.5 of the California Health and Safety Code, Section 5097.98 of the California Public Resources Code, and Assembly Bill 2641 will be implemented. If the Coroner determines the remains are Native American and not the result of a crime scene, then the Coroner will notif y the Native American Heritage Commission, which then will designate a Native Ameri can Most Likely Descendant (MLD) for the project (§5097.98 of the Public Resources Code). The designated MLD will have 48 hours from the time access to the property is gr anted to make
recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, then the NAHC can mediate (§5097.94 of the Public Resources Code). If no agreement i s reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public R esources Code). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agency, through consultation as appropriate, d etermines that the treatment measures have been completed to their satisfaction.

e. If the find includes paleontological resou rces, work shall not continue at the discovery site until a qualified paleontologist evaluates the find and makes a determination regarding the significance of the res ource and identifies recommendations for conservation of the resource, including preservi ng in place or relocation, if feasible, or collecting the resource to the extent feasible and documenting the find with the University of California Museum of Paleontology

(MITIGATION MEASURE TCR-1)

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The project proponent or their construction contractor shall comply with the following measure to assist with identification and treatment of TCRs at the earliest possible time during project-related earthmoving activities:

• The project proponent shall contact the UAIC at least 2 weeks prior to project gr ound-disturbing activities to retain the services of a Tribal Monitor(s). The duration of the construction schedule and Tribal Monitoring shall be determined at this time.
• A c ontracted Tribal Monitor(s) shall monitor the vegetation grubbing, stripping, grading, trenching, and other agreed- upon ground-disturbing activities in the project area. All ground- disturbing activities shall be subject to Tribal Monitoring unless other wise determined unnecessary by the UAIC.
• Tribal Monitors or Tribal Representativ es shall have the authority to direct that work be temporarily paused, diverted, or slowed within 100 feet of the immediate impact are a if sites or objects of potential significance are identified. The temporary pause/diversion shall be of an adequate duration for the Tribal Representative to examine the resource.
• Appropriate treatment of TCRs may include but is not limited to:
o Recordation of the resource(s)
o Avoidance and preservation of the resource(s)
o Reburial of the resource(s) onsite in a designated area subject to no future disturbance. The location of the reburial shall be acceptable to the UAIC.
• To track the implementation of this measure, the Tribal Monitor(s) shall document field-monitoring activities on a Tribal Monitor log. • The Tribal Monitor(s) shall wear the appropriate safety equipment while on the construction site and adhere to construction safety procedures and protocols.
• The Tribal Monitor, in consultation with t he UAIC THPO and the City shall determine and end or reduction to the onsite monitoring if/when construction activities have a low potential for impacting Tribal Cultural Resources.
• At no time, regardless of the presence or absence of a tribal monitor, shall suspected TCRs be mishandled or disrespected.
• The City shall assi st w ith resolution of disagreements between the project proponent/contractor and the Tribe if such occurs on the project

(MITIGATION MEASURE TCR-2)

The lead agency shall require the appl icant/Contractor to provide a tribal cultural resources sensitivity and awareness training program (Worker Environmental Awareness Program [WEAP]) for all personnel involved in project construction, inc luding field consultants and construction workers, 690

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at their own expense. The WEAP shall be developed in coordination with interested Native American tribes.

• The WEAP shall be conducted before any project -related construction activities begin at the project site. The WEAP will include relevant information regard ing sensitive cultural resources and tribal cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The WEAP will also describe appropriate avoidance and impact minimization measures for cultural resources and tribal cultural resources that could be located at the project site and will outline what to do and who to contact if any potential cultural resources or tribal cultural resources are encountered.

The WEAP will emphasi ze the requirement for confidentiality and culturally appropriate treatment of any discov ery of significance to Native Americans and will discuss appropriate behaviors and responsive actions, consistent with Native American tribal values. The training may be done in coordination with the project archaeologist. • All ground-disturbing equipment operators shall be required to receive the training and sign a form that acknowledges receipt of the training. • These mitigation measures shall be incorporated as notes on the project’s grading and/or Improvement Plans and shall be implemented prior to any grading or ground/vegetation-disturbing activities.

(MITIGATION MEASURE TCR-3)

k. The following biological res ources conditions shall be included in the project notes on the improvement plans, to the satisfaction of the City Engineer:

i. The applicant/developer shall attempt to time the removal of potential nesting habitat for raptors and migratory birds to avoid the nesting season (February 1 through September 15).

If tree and vegetation removal and/or project grading or construction activities would occur d uring the nesting season for raptors and migratory birds (February -September 15), the developer and/or contractor shall hire a qualified biologist approved by the City to conduct pre- construction surveys no more than 14 days prior to initiation of tree and vegetation removal activities. The survey shall cover all areas of suitable nesting habitat within 500 feet of project activity and shall be valid for one construction s eason. Prior to the start of tree and vegetation removal act ivities, documentation of the survey shall be provided to the City of Rocklin Engineering Department and if the survey results are neg ative, no further mitigation is required and necessary tree and vegetation removal may proceed. If there is a break in constru ction activities of more than 14 days, then subsequent surveys shall be conducted. 691

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If the survey results are positive (active nests are found), impacts shall be avoided by the establishmen t o f appropriate buffers. The biologist shall consult with the California Department of F ish and Wildlife (CDFW) and the City to determine the size of an appropriate buffer area (CDFW guidelines recommend implementation of 500- foot buffers). Monitoring of the nest by a qualified biologist may be required if the activity has the potential to adversely affect an active nest.

If construction activities are scheduled to occur during the non- breeding season (September 16 – January 31), a survey is not required and no further studies are necessary.

This mitigation measure shall be implemented prior to any grading or ground/vegetation-disturbing activities.

(MITIGATION MEASURE BIO-1)

l. The following traffic conditions shall be included in the project notes on t he improvement plans, to the satisfaction of the City Engineer:

To the satisfaction of t he City Engineer, install a traffic signal at Driveway A, approximately 450 feet north of the West Stanford Ranch Road/Wildcat Boulevard intersection opposite the exis ting City of Rocklin Fire Station 25 driveway. In the case of a n emergency, the signal would provide preemption for the fire station approach, ensuring priority for emergency access vehicles so that they would not be blocked and spill back to public roadways.

(MITIGATION MEASURE TRA-1)

m. The following air quality conditions shall be included in the project notes on the improvement plans, to the satisfaction of the City Engineer:

All diesel off-road equipment shall have engines that meet the Tier 4 Final of f-road emission standards, as certified by CARB. This requirement shall be verified throu gh submittal of an equipment inventory to the City of Rocklin prior to any construction activities that includes the following information: (1) Type of Equipment, (2) Engine Year and Age, (3) Number of Years Since Rebuild of Engi ne ( if applicable), (4) Type of Fuel Used, (5) Engine HP, (6) Verified Diesel Emission Control Strategy (VDECS) information if applicable and other related equipment data. A Certification Statem ent is also required to be made by the Contractor for document ation of compliance and for future review by the air district as necessary. The 692

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Certification Statement must state that the Contractor agrees to compliance and acknowledges that a violation of t his requirement shall constitute a breach of compliance.

This m itigation measure shall be incorporated as notes on the project’s grading and/or Improvement Plans and shall be implemented prior to any grading or ground/vegetation- disturbing activities.

(MITIGATION MEASURE AQ-1)

n. The following shall be included in the project notes on the improvement plans:

i. The discharge of fuels, oils, or other petroleum products, chemicals, detergents, c leaners, or similar chemicals to the surface of the ground or to drainage ways on, or adjacent to, the site is prohibited. (ENGINEERING, PUBLIC WORKS , PLACER COUNTY

ENVIRONMENTAL HEALTH )

ii. If Best Management Practices are required for control of urban runoff pollutants, then any hazardous materials collected shall be disposed of in accordance with all applicable hazardous mat erials laws and regulations. (ENGINEERING, PUBLIC WORKS, PLACER COUNTY

ENVIRONMENTAL HEALTH)

5. Improvements in the Public Right-of-Way

a. Unless already completed to the satisfaction of the City Engineer, the applicant shall obtain an encroachment permit for all improvements within the public right-of-way. Applicant shall post a performance bond and labor and materials payment bond (or other equivalent financial security) in the amount of 100% of the cost of the improvements to be constructed in the public right-of-way as improvement security to ensure the faithful performance of all duties and obligations required of applicant in the construction of the improvements. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit, or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City. (PUBLIC WORKS)

b. Prior to issuance of the certificate of occupancy, the Developer shall perform t he f ollowing work at the si gnalized intersection of Wildcat 693

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Boulevard / West Stanford Ranch Road / Chaffrey Way to the satisfaction of the City Engineer:

i. Convert the traffic signal operations f rom the existing 8- phases to split phase operations for Wildcat Boulevard and Chaffrey Way.

ii. Convert the center, southbound lane on Wildcat Boulevard from a shared thru/right to a shared left/thru/right; replace mast arm - mounted regulatory signage to match the proposed lane
assignments.

iii. Eliminate the pedestrian crosswa lk on the west leg of t he intersection. The process to perform this shall comply with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the California Vehicle Code (CVC ), which shall include coordination with the City Engineer on the timing and conducting of a public comment period. The Developer shall install notifications at the crosswalk on each end with language of the notification to be approved by the City Engineer prior to the Developer deploying signage in the field. Additi onally, the Developer shall remove the existing crosswalk striping, install a Type 2 slurry seal across the whole of the crosswalk (estimated to be 110 feet long by 13 feet wide), remove the ped estrian push button assemblies, and remove/replace the existing pe destrian signal indicat ions (i.e., ped heads). The regulatory signage on the southbound approach identifying an existing crosswalk shall be removed. The Developer shall install appropriate s ignage prohibiting pedestrians from crossing where the existing crossing exists.

c. Prior to issuance of the certificate of occupancy, the Developer shall install a complete and functioning traffic signal,
with approved traffic pre-emption
devices, at the intersection of Wildcat Boulevard / Fire Station 25 / Chape- de Indian Health Center driveway to the satisfaction of the City Engineer.

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6. Landscaping

a. Final landscape plans shall be provided by the developer and approved by the Community Development Dir ector. The landscape plans shall comply with the following requirements (PLANNING):

i) The landscaping plan shall be prepared by a landscape architect and shall include:

(1) A legend of the common and botanical names of specific plant materials to be used. The legend should indicate the size and quantities of plant materials.

Shrubs shall be a minimum of 5 gallon and trees shall be a minimum of 15 gallon and meet the minimum height specified by the American Standards for Nursery Stock.

(2) A sectio n diagram of proposed tree staking, utilizing metal posts.

(3) An irrigation plan including an automatic irrigation system.

The plan shall include drip irrigation wherever possible.

(4) Berming of landscape strips along the public right-of-way and the installation of shrubs (or a screen wall of 24 to 30 inches to m atch the building architec ture or other project walls) to screen the undercarriages of vehicles as viewed from off-site. {Also, keep i n mind screening headlights when a drive- through lane or parking spaces face toward a public street.}

(5) Provision for the shading of the parking lot, including parking spaces, maneuvering areas, drive ways and drive throughs, excluding all or portions of loading docks/facilities, trash enclosure approaches, and other loading areas by shade
trees of appropriate size(s) and char acteristic(s) in locat ions to achieve a minimum of 50% shading at maturity (15 years from planting) Include a calculation demonstrating compliance with this condition on the plan. If parking l ot shade trees shown in Exhibit A are in conflict with infra structure and/or utilities, the landscape plan shall be modified so that the required 50% minimum shading is maintained via number of trees and/or size of canopies.

(6) Granite or moss rock boulders along the planting strips.

7) Use of plastic composite-style header boards or better. 695

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8) Use walk-on bark in all planter areas unless noted otherwise on the plans (e.g., dry creek bed cobble, DG, or other).

ii) The plan shall be certified by the landscape architect that the landscape plan meets the requirem ents of the Water Conservation in Landscaping Act. Government Code §65591, et seq.

i) The plant tags shall not be removed until the final inspection of the landscape is complete.

b. The parking lot lighting plan shall be designed to accommodate shade trees and provide for illuminati on of the parking areas. Light standards and underground utilities shall be located such that required parki ng lot shade trees can still be planted. (ENGINEERING, BUILDING, PLANNING)

c. All landscaping shall be installed and the land scape architect shall certify, in writing, that the landscaping and irrigation system have been installed in full compliance with the approved plans prior to issuance of a Certificate of Occupancy. (PLANNING)

7. Landscaping Maintenance Agreement

Prior to issuance of the Certi ficate of Occupancy, the property owner shall enter into an agreement with the City of Rocklin providing for the maintenance of landscaping and irrigation within the p ublic right-of-way along Wildcat Boulevard and West Stanford Ra nch Road. The agreement shall stipulate that the property owner shall maintain the irrigation system and all plant materials. The agreement shall also indemnify the City against claims arising from developer’s activities and shall be recorded and binding o n su ccessors in interest of the developer. (ENGINEERING, PUBLIC WORKS)

8. Lighting

All exterior lighting shall be designed and installed to avoid adverse glare on adjacent properties. Cut-off shoebox type or decorative lighting fixtures consistent with Exhibit A, or approved equi valent, shall be used and mounted such that all light is projected directly toward the ground. Light poles shall be a maximum of 20 feet in height as measured from grade to the top of the light. The lighting design plan shall be appro ved by the Community D evelopment Director for compliance with this condition. (PLANNING)

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9. Design

a. The architecture, colors and materials of the buildings shall substantially comply with Exhibit A. (PLANNING)

b. The back or rear of any parapet wall that ma y be visible from an adjacent right-of-way or property shall be painted the same color as the front of the parapet wall to provide a more finished appearance. (PLANNING)

10. Signs

All signs shall conform to the Sign Ordinance of the City of Rocklin and t he sign designs and l ocations as shown on Exhibit A, except as modified herein. (PLANNING, ENGINEERING, FIRE)

a. The monument signs shall be located outside of any public utility easements.

11. Screening of Mechanical Equipment

a. All mechanical and/or relate d equipment, such as but not limited to, roof hatch railings, RTUs, vents, HVAC units, whether ground- or roof-mounted shall be screened from view from all public rights-of-way to the satisfaction of the Community Development Director. To the greatest exte nt feasible, parapet walls should be used to screen roof -mounted equipment. The design of the screening shall be in harmony with the architectural design of the building. (PLANNING)

b. The appearance of large utility features such as double detector check valves shall be minimi zed through the use of utility blankets or other acceptable screening methods. The developer shall also demonstrate that these facilities have been moved as far as possible from the public right-of- way. (PLANNING)

12. Security

a. Prior to building permit issuance, the applicant shall prepare a security plan for review by the Rocklin Police Department, and shall provide the Rocklin Police Department with the name(s) and telephone number(s) of a responsible party to contact for each of the businesses. (POLICE)

b. Prior to building / unit occupancy the property owner, or each tenant, shall obtain and maintain at all times, an Alarm System Permit for each security system installed and operated in the buildings, if any, in accord wit h the requirements of Chapter 9.44 of the Rocklin Municipal Code. (POLICE)

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13. Maintenance

a. The property owner shall remove within 72 hours all graffiti placed on any fence, wall, existing building, paved area or structure on the property consistent with the provisions of Rocklin Municipal Code Section 9.32. Prior to removal of said graffiti, the property owner shall report the graffiti vandalism to the Rocklin Police Department. (PLANNING, POLICE)

b. The project, including but not limited to paving, landscaping, structures, and improvements shall be maintained by the property owners, to the standard of similarly situated properti es in equivalent use zones, to the satisfaction of the Community Development Director. (PLANNING)

c. The outdoor seating area sh all be maintained fre e of trash and any other debris to the satisfaction of the Community Development Director. (PLANNING)

14. Riparian Area and Creek Protection

a. An open space easement s hall be recorded to the satisfaction of the City Engineer and shall be over that portion of the project site depicted on Exhibit A for purposes of riparian area and creek protection (PLANNING,

ENGINEERING)

15. Air Quality

a. Electrical receptacles shall be installed in the exterior walls of the building(s) in this project t o promote the use of electrical landscaping equipment. (BULDING, PLANNING)

b. Low nitrous oxide (NOx) natural gas hot water heaters shall be installed, if gas hot water heaters are to be used i n this project. (BUILDING,

PLANNING)

16. Hours of Operation

The hours of operation are as follows: 7am to 7 pm, 7 days a week.

(PLANNING)

17. Noise

a. All “self -powered” construction equi pment and stationary noise sources (i.e., pumps, electrical generators, etc.) shall be equipped with noise control devices (e.g., mufflers). (ENGINEERING, BUILDING)

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b. Equipment “warm -up” areas, water storage tanks, equipment storage areas, and stationary noise- generating machinery ( i.e., pumps, electrical generators, etc.) shall be located away from existing residences and ot her sensitive noise rec eptors to the extent feasible. (ENGINEERING,

BUILDING)

c. All phases of project development shall be subject t o the City of Rocklin Construction Noise Guidelines, inc luding restricting construction- related noise generating activities within or near residential areas to between 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 7:00 p.m. on weekends. This noise restriction shall be posted at all entrances t o the project site prior to any construction activities; the sign( s) shall be weather proof and a minimum size of 2’ x 2’. The Community Development Director may grant exceptions to the Construction Noise Guidelines if, in the opinion of the Community Develop ment Director, special and unusual circumstances exist that make st rict adherence to t he Construction Noise Guidelines infeasible. (ENGINEERING, BUILDING)

d. The developer shall provide a Noise Coordinator and adhere to the following: (ENGINEERING, BUILDING)

i. As a function of on- site project management, an on- site N oise Coordinator shall be employed by the developer, and their name and telephone number along with instructions on how to file a noise complaint shall be posted conspicuously around the project site, and at all vehicle entrances to public streets, dur ing all project construction phases. The posted signage shall include the construction hours allowed by City policy and shall be sized large enough to include 3-inch tall lettering.

ii. The Noise Coordinator’s duties shall include fielding and documenting noise complaints, determining the source of the complaint (e.g., piece of construction equipment), determining whether noise levels a t the project boundary are within acceptable limits consistent with the General Plan hourly noise standards and with this condition (see 14.c. above), and reporting complaints to the City with documented noise levels at the time of complaint via email.

iii. The Noise Coordinator shall work, to the extent feasi ble, with the surrounding residents and project contractors to sch edule activities to minimize disturbance of residents during the daytime hours. Prior to commencement of any night time work required by the City or utility companies, approval from the Comm unity Dev Director is required. The request for approval shall be subm itted not less than 72 hours in advance of the work commencing and the Noise 699

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Coordinator shall provide documentation of notification to the neighboring property owners.

e. Use of a public address system that can be heard outside of the building is prohibited. (PLANNING)

f. Use of an amplified sound system to provide music for the outdoor seating area is permissible however such mus ic is intended to be a muted background noise and should not be audible from a distance of 100- feet from the building. (PLANNING)

18. Indemnification and Duty to Defend.

As a condition for project approval, Owner or an agent of Owner acceptable to City shall defend, indemnify, and hold harmless the City and i ts agents, officers, and employees from any claim, action, or proc eeding, against the Cit y or its agents, officers, and employees; including all costs, attorneys' fees, expenses, and liabilities incurred in the defense of such claim, action, or proceeding to attack, set aside, void or annul an approval by the City and it s ag ents, officers, and employees, or other City advisory agency, appeal board, or legislative body concerning this project approval. City shall promptly notify owner of any such claim, action, or proceeding and shall cooperate fully in the defense of said claim, action, or proceeding. (CITY ATTORNEY)

19. Validity

a. This entitlement shall expire three years from the date of approval unl ess prior to that date a building permit has been issued or a time extension has been granted. (PLANNING)

b. Approval of this e ntitlement does not relieve the developer of the need to obtain subsequent permits and approvals, such as but not limited to Grading Permits, Improvement Plans, and Building Permits. (PLANNING)

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PASSED AND ADOPTED this 6 th day of August , 202 4, by t he f ollowing vote:

AYES: Commissioners: Armstrong, Barron, Cortez, McKenzie, Thomas NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None

____________________________________
Twiana Armstrong, Chairperson

ATTEST:

____________________________
Terry Stemple, Secretary

701

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to Reso. No. PC-2024-25

EXHIBIT A

Chapa-De Indian Health South Placer Facility (DR2023-0014)

702
Project Location
703
City Council
Staff Report

Subject:

Corporation Yard Storefront Glass Replacement Notice of CEQA Exemption and Bid Award

Date:

February 25, 2025
Submitted By:

Matt McClure, Public Works Manager
Justin Nartker, Public Works Director
Department:

Public Works
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Corporation Yard Storefront Glass Replacement).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the Corporation Yard Storefront Glass Replacement to American Window and Door Systems, Inc. and Authorizing the City Manager to Execute an Agreement.

Background:

The Corporation Yard Storefront Glass Replacement Project is included in the Fiscal Year (FY) 2024/25 Operating Budget approved by the City Council on June 25, 2024. The Project consists of removing and replacing the original storefront-style glass that is part of the building’s existing structure (see Attachment No. 3 - Project Location Map).

The bid for the Corporation Yard Storefront Glass Replacement was advertised on December 13, 2024, and December 20, 2024, with the bid opening on Tuesday, January 21, 2025. Three (3) bids were received from the following companies (see Attachment 4 - Bid Summary):

CONTRACTOR (Location)

BID AMOUNT
American Window and Door Systems, Inc. (Napa)
$50,000
North Painting & Construction (Rancho Cordova)
$62,700
Moule's Foothill Glass (Auburn)
$67,680

Staff has reviewed the bids for sufficiency, confirmed they were responsive, and determined American Window and Door Systems, Inc. submitted the lowest responsible bid. Staff recommends that the City Council award the contract to American Window and Door Systems, Inc. Pursuant to Rocklin Municipal Code section 3.04.050, the City Manager will have change order authority up to fifteen (15) percent of the contract amount ($7,500) for a total authorized project amount of $57,500.

Item Number C21.

704
Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Storefront Glass Replacement and determined that it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 and has prepared a Notice of Exemption.

Fiscal Impact:

The cost for this project is included in the FY 2024/25 Operating Budget and is funded using the General Fund.

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - Contract Award

3. Project Location Map

4. Bid Summary
705
RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(Corporation Yard Storefront Glass Replacement)
WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Storefront Glass Replacement (“Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Section 15301 – Existing Facilities; and WHEREAS, a Notice of Exemption has been prepared for the Project.

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

Section 1. Based on the review and determination of the Environmental Coordinator, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and, with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote: AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Jill Gayaldo,Mayor
ATTEST:

Avinta Singh, City Clerk
Resolution No. 2025- Page 1 of 1
706

NOTICE OF EXEMPTION
TO: ☐ County Clerk FROM: City of Rocklin
County of Placer Public Works Department
2954 Richardson Blvd. 4081 Alvis Court
Auburn, CA 95604-5228 Rocklin, CA 95677
☐ Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3004
Project Title: Corporation Yard Storefront Glass Replacement Project Location - Specific: City of Rocklin, Department of Public Works Corporation Yard, 4081 Alvis Court, Rocklin, California, 95677, Accessor Parcel Number 045-012-001-000 Project Location - City: Rocklin, CA Project Location - County: Placer Description of Nature, Purpose and Beneficiaries of Project: The proposed project includes the removal and replacement of original storefront glass associated with the City of Rocklin, Department of Public Works Corporation Yard main building. The existing storefront glass was installed in the early 1990’s during construction of the Corporation Yard main building and has reached its average useful life. Work includes removal and replacement of existing exterior doors and windows, and repairing associated framing, flashing, trim, sills, thresholds and other structural and watertight connections associated with the building façade.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: City of Rocklin Exempt Status (Check one)
☒ Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, California Environmental Quality Act [CEQA] Guidelines, Section 15301, Class 1 – Existing Facilities)
Reasons why the project is exempt: Activities under this proposed project include the repair, maintenance, and minor alteration of existing public structures and facilities, involving negligible or no expansion of existing or former use, are categorically exempt under CEQA Guidelines, Section 15301 (Class 1 – Existing Facilities).

Contact Person: Justin Nartker, Public Works Director, City of Rocklin, Public Works Department, 4081 Alvis Court, Rocklin, CA, 95677, (916) 625-5500
Signature: Date:

Justin Nartker, Public Works Director
707

Page 1 of 2 ends

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE CORPORATION YARD

STOREFRONT GLASS REPLACEMENT TO AMERICAN WINDOW
AND DOOR SYSTEMS, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT
WHEREAS, the Corporation Yard Storefront Glass Replacement consists removing and replacing the original storefront-style glass that is part of the Corporation Yard building’s existing structure; and
WHEREAS, the invitation for bids was advertised December 13, 2024, and December 20, 2024, with the bid opening Tuesday, January 21, 2025, and bids were thereafter examined and found to be in compliance with all applicable specifications; and
WHEREAS, the lowest responsible bid was determined to be $50,000.00, submitted by American Window and Door Systems, Inc. and staff recommends that the contract for the project be awarded to American Window and Door Systems, Inc.; and WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen (15) percent of the contract $7,500.00, is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized Project amount to $57,500; and
WHEREAS, this project is funded using General Fund (100).

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

Section 1. The contract for the Corporation Yard Storefront Glass Replacement is awarded to American Window and Door Systems, Inc. and the City Manager is authorized to execute the Agreement with American Window and Door Systems, Inc. in substantially the form attached hereto as Exhibit “A.”
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Page 2 of 2 ends

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Jill Gayaldo, Mayor
ATTEST:

Avinta Singh, City Clerk
709
Resolution No. 2025-

EXHIBIT A

CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of February 25, 2025, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and American Window and Door Systems, Inc., a Corporation (hereinafter called "Contractor").

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

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

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

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

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

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

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

IV. SCOPE OF CONTRACT
Contractor agrees to furnish
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Resolution No. 2025-
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: Corporation Yard Storefront Glass Replacement
V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, FIFTY- THOUSAND DOLLARS ($50,000.00) 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.

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

IIIII. 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.

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

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

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

X. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

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

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

B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Rocklin by reasons of the delay in the completion of the 711
Resolution No. 2025-
Project to serve the public at the earliest possible time.

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

XII.LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Hundred Dollars ($500.00) for each Calendar day , continuing to the time at which the Work is completed.

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

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

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

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

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

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

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

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

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

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

C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the following with the bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
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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 with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

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

XX. 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 Signature
Print Name Print Name
Title Title
CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager
APPROVED AS TO FORM:

Matthew McOmber, City Attorney
ATTEST:

Avinta Singh, City Clerk
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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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Corporation
Yard
§¨¦
80 ALVIS CT
City of Rocklin Corp. Yard
4081 Alvis Court
Rocklin CA 95677
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ANTHONY CT

BRACE RD

PACIFIC ST

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Project Location Map
Rocklin Rd.

Sierra College Blvd.

Pacific St.
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80 Delmar Ave.
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NOT TO SCALE
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City Council
Staff Report

Subject:

Corporation Yard Generator Bid Award
Date:

February 25, 2025
Submitted By:

Matt McClure, Public Works Manager
Justin Nartker, Public Works Director
Department:

Public Works
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving A Notice of Exemption (Corporation Yard Emergency Generator).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the Corporation Yard Emergency Generator to James Day Construction, Inc., and Authorizing the City Manager to Execute an Agreement with James Day Construction, Inc.

Background:

The Corporation Yard Emergency Generator project consists of the installation of a 275 kilowatt emergency generator at the City of Rocklin Corporation Yard located at 4081 Alvis Court. (see Attachment 4 - Project Location Map). The funding for project design was included in previous budgets. Design has been completed and reviewed by staff, and the project has been bid and is ready for award.

The bid for the Corporation Yard Emergency Generator was advertised on September 20, 2024, and September 27, 2024, with the bid opening Wednesday, October 16, 2024. Five (5) bids were received from the following (see Attachment 5 - Bid Summary).

CONTRACTOR

BID AMOUNT
Unwired BB LLC (Fresno)
$205,000
James Day Construction, Inc. (Clearlake)
$212,602
Sauren Construction, Inc. (Newcastle)
$214,703
Proterra Builders, Inc. (Apple Valley)
$245,800
Vanden Bos Electric, Inc. (Roseville)
$280,900

Staff reviewed the apparent low bid submitted by Unwired BB LLC and found them to be non- responsive as they did not meet the licensing requirements identified in the bid documents.

Staff has reviewed the remaining bids for sufficiency, determined that James Day Item Number C22.

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Construction, Inc. was responsive and submitted the lowest responsible bid. Staff recommends that the City Council award the contract to James Day Construction, Inc. in the amount of $212,602. Pursuant to the Rocklin Municipal Code section 3.04.050, the City Manager will have change order authority up to fifteen (15) percent of the contract amount ($31,890.30), for a total not to exceed amount of $244,492.30.

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Emergency Generator and determined is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 & 15303, and has prepared a Notice of Exemption.

Fiscal Impact:

In Fiscal Year 2021/22, the City Council approved $200,000 in funding and set aside the funds in the General Fund (100) fund balance for the recommended work. A budget appropriation of the same amount is now required from this fund balance. Additional funding needed to award the contract will be covered through anticipated operational savings.

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - Bid Award

3. Resolution B Exhibit A - Agreement

4. Project Location

5. Bid Summary
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Resolution No. 2025- February 25, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(Corporation Yard Emergency Generator)
WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Coporation Yard Emergency Generator, (“Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Sections 15301 – Existing Facilities, 15303 – New Construction or Conversion of Small Structures; and
WHEREAS, a Notice of Exemption has been prepared for the Project.

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

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____________________________
Jill Gayaldo, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
720

NOTICE OF EXEMPTION
TO: ☐ County Clerk FROM: City of Rocklin
County of Placer Public Works Department
2954 Richardson Blvd. 4081 Alvis Court
Auburn, CA 95604-5228 Rocklin, CA 95677
☐ Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3004
Project Title: Corporation Yard Emergency Generator
Project Location - Specific: City of Rocklin, Department of Public Works Corporation Yard, 4081 Alvis Court, Rocklin, California, 95677, Accessor Parcel Number 045-012-001-000 Project Location - City: Rocklin, CA Project Location - County: Placer Description of Nature, Purpose and Beneficiaries of Project: The proposed project includes the installation of one stationary emergency generator at the City of Rocklin, Department of Public Works Corporation Yard. The emergency generator would be used to maintain operations at the Corporation Yard if typical electrical service is interrupted. Activities performed at the Corporation Yard are necessary for maintaining essential services for public health and safety.

The proposed project includes the installation of an exterior-located, skid-mounted, 275- kilowatt diesel engine driven generator with a 297-gallon fuel tank, construction of an approximate 20 feet by 6.5 feet reinforced concrete pad with bollards, installation of an automatic transfer bypass switch, and modifications required to tie into the existing electrical system, including trenching, backfilling, conduits, wiring and associated fixtures. The diesel engine driven generator is located within a weather protected and sound attenuated enclosure. Ground disturbance associated with this proposed project will occur in non-native soil that was previously disturbed during construction of the original Corporation Yard.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: City of Rocklin Exempt Status (Check one)
⾙ Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, California Environmental Quality Act [CEQA] Guidelines, Section 15301, Class 1 – Existing Facilities and Section 15303, Class 3 – New Construction or Conversion of Small Structures)
Reasons why the project is exempt: Activities under this proposed project include the operation and minor alteration of existing public structures, facilities, and mechanical equipment, involving negligible or no expansion of existing or former use, are categorically exempt under CEQA Guidelines, Section 15301 (Class 1 – Existing Facilities). Activities under this proposed project also include the construction and location of a limited number of new, 721
small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure, are categorically exempt under CEQA Guidelines, Section 15303 (Class 3 – New Construction or Conversion of Small Structures). The diesel engine driven generator is intended to temporary replace traditional the electrical service if or when it becomes unavailable during an electrical power outage, except for periodic testing, and does not expand use of the Corporation Yard. The diesel engine driven generator is accessory (appurtenant) and incidental to the overall purpose of the Corporation Yard. There are no unusual circumstances that would result in a reasonable possibility of a significant effect on the environment and no further environmental review is required.

Contact Person: Justin Nartker, Public Works Director, City of Rocklin, Public Works Department, 4081 Alvis Court, Rocklin, CA, 95677, (916) 625-5500 Signature: Date:

Justin Nartker, Public Works Director
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RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE CORPORATION YARD
EMERGENCY GENERATOR TO JAMES DAY CONSTRUCTION, INC.,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH JAMES DAY CONSTRUCTION INC.

WHEREAS, The Corporation Yard Emergency Generator consists of installing a 275 kW emergency generator at the City of Rocklin Corporation Yard; and WHEREAS, the invitation for bids was advertised on September 20, 2024, and September 27, 2024, with the bid opening Wednesday, October 16, 2024, and bids were thereafter examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $212,602.00, submitted by James Day Construction, Inc. and staff recommends that the contract for the project be awarded to James Day Construction, Inc.; and WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen (15) percent of the contract $31,890.30, is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized project amount to $244,492.30; and
WHEREAS, funding for this project was set aside under the General Fund (100).

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

Section 1. The contract for the Corporation Yard Emergency Generator is awarded to James Day Construction, Inc. and the City Manager is authorized to execute the Agreement with James Day Construction, Inc. in substantially the form attached hereto as Exhibit “A.”
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PASSED AND ADOPTED this 25th day of February, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
724

EXHIBIT A
725

CONSTRUCTION AGREEMENT

THIS AGREEMENT, dated for identification as of November 12, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and James Day Construction, Inc., a corporation (hereinafter called "Contractor").

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

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

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

D. The General Provisi ons 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.

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: Corporation Yard Emergency Generator
V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, Two Hundred Twelve Thousand, Six Hundred Two DOLLARS ($212,602.00) 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 726
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.

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 it s agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

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 W ork 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.

XII. LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Hundred Dollars ($ 500.00) for each Calendar day, continuing to the time at which the Work is completed.

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

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

B. Upon such termination Contractor any compensation shall be in accordance with Section 5.23 of 727
the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

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

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

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

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. 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 reco rds, 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. 728
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement. /////SIGNATURE PAGE FOLLOWS/////
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IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

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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CITY OF ROCKLIN

STANDARD BID PACKAGE AND

GENERAL PROVISIONS FOR THE

CORPORATION YARD EMERGENCY

GENERATOR

BID OPENING OCTOBER 16, 2024
1:00PM
3970 ROCKLIN ROAD

ROCKLIN, CA

PUBLIC WORKS DEPARTMENT
4081 ALVIS COURT
ROCKLIN, CA 95677
750
Table of Contents

TABLE OF CONTENTS
Project Location Map
N
otice to Contractors
B
id Documents
Attachments

DO CUMENTS THAT MUST BE SUMITTED WITH BID
B ID 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

DO CUMENTS THAT MUST BE SUBMITTED UPON AWARD
CO NSTRUCTION AGREEMENT – ATTACHMENT H
PERFORMANCE BOND – ATTACHMENT I
PAYMENT BOND – ATTACHMENT J
WORKERS’ COMPENSATION INSURANCE CERTIFICATION – ATTACHMENT K O PTIONAL : ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RE TENTION – ATTACHMENT L

T O BE SUBMITTED AS PART OF CLOSE -OUT
G UARANTEE FORM – ATTACHMENT M
G
eneral Provisions
S
pecifications
751
045-390-008-000
045-390-005-000
045-012-003-000
045-013-027-000
045-013-004-000
045-013-007-000
045-012-002-000
045-390-022-000
045-350-008-000
045-041-044-000
045-013-002-000
045-013-003-000
045-350-009-000
045-013-005-000
045-012-001-000
045-012-004-000
045-013-023-000
045-013-024-000
045-041-025-000
045-041-045-000
045-013-022-000

PACIFIC
ST

PACIFIC ST

ALVIS CT

TAYLORRD
GRAN
ITE
DR

CITRUS AVE
Exhibit A
³
Rocklin
Corporation
Yard
Legend
City Boundary
Project Area
752
1 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: Until Tuesday, October 16, 2024 (1:00 p.m.) (Local Time)
SUBMIT BIDS TO: City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
FOR: City of Rocklin
Corporation Yard Emergency Generator
ESTIMATED CONSTRUCTION COST: N/A
TOTAL CONTRACT TIME: 90 Calendar Days
CONTRACTOR’S CALIFORNIA LICENSE

AND/OR CLASS REQUIRED
Class A or Class B with C-10 Contractors
License

MANDATORY PRE-BID CONFERENCE

DATE, TIME, AND LOCATION
Tuesday, October 2, 2024 at 10:00 a.m. at
the City of Rocklin Corporation Yard, 4081
Alvis Court, Rocklin, CA 95677

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.)

753
2 Notice to Contractors
Submit Bids (original/no c opies) and bid security in a sealed envelope, marked “ Bid for CITY OF ROCKLIN CORPORATION YARD EMERGENCY GENERATOR ” (“Project”) and include the company name and address on the envelope.

At the mandatory pre-bid conference meeting identified above, representatives of City will discuss the Contract Documents, bid submission requirements, site constraints, order of work and other items specific to this project. A project walk -through may follow after the pr e-bid conference meeting. A sign- in sheet will be available up until commencement of the pre- bid conference meeting only. Attendance at the entire pre-bid meeting and project walk-through, if scheduled, is mandatory for bidding. Bids received from Bidders who did not sign the sign- in sheet and attend the meeting and project walk-through will be returned to the Bidder unopened.

Attendance by Subcontractors is not mandatory, but all interested prospective Subcontractors are encouraged to attend.} The City will transmit Addenda to all prospective Bidders who have purchased full sets of Contract Documents, as the City considers necessary in response to questions raised at the meeting and walk -through. Addenda also will be posted on the City’s website. Oral statements not confirmed by Addenda may not be relied upon and are not binding or legally effective. Except for mandatory walk -through, no other access to the project site will be granted pre-bid without the City’s prior approval, which will require advanced notice and a scheduled appointment. During all site visits the Bidder must be accompanied full time by an authorized representative of the City. No exceptions to this requirement.

Contract Documents may be purchased at the City of Rocklin Corporation (“Corp”) Yard, located at 4081 Alvis Court, Rocklin, CA 95677, telephone (916 ) 625-5241 between the hours of 8:00 a.m. - 4:00 p.m. Monday through Friday . The non- refundable cost for each set is $ 25.00.

Alternatively, Contract Documents may be downloaded at no charge from the City of Rocklin’s website at www.rocklin.ca.us/DownloadBids
.

Complete sets of Contract Documents must be used in pr eparing Bids. The City does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. The City, in making copies of the Contract Documents available on the above terms, does so only for the purpose of obtaining Bids for the Work and does not confer license or grant for any other use.

Written questions regarding this Invitation for Bids should be directed to Matt McClure, Public Works Manager by email at [email protected] no later than Friday, October 4, 2024 at 3:00 p.m. All emails shall require verification of receipt by sender in accordance with the Instructions to Bidders.

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, 754
3 Notice to Contractors
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.

Alternate Bids. 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 City at its discretion. All awards will be made in the City’s best interest.

I
f 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 responsible, 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.

P
ursuant 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.

N
o 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.

The C
ity 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.
____________________________________
__________________
Justin Nartker Date
Director of Public Works
City of Rocklin
755
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
756
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

757
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 following 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 ________________.

758
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.
759
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.

760
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.

761
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.

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 ourselv es, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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. 762
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.

763
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.” 764
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 t o 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 paym ents 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 ret entions 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 securiti es. 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 he ld in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization 765
2 Escrow Agreement
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and s hall distribute the cash as instructed by the Owner.

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

9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and 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:
766
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

767
1 Guarantee Form

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_____________________________
768

1 General Provisions

CITY OF ROCKLIN

GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Also referred to as a “Directive.”

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

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

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

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

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

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

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

Notice to Contractors – Same as Invitation for Bids.

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

Plans – See “Drawings.”

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

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

Project – Shall mean the Work.

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

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

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

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

Request for Information (RFI) – A document issued by the Contractor seeking clarification and/or additional information regarding an aspect of the Work. An RFI is not to be used to request materials/equipment substitutions or value engineering/cost reduction incentive proposals. The response to the RFI does not constitute authorization or direction to proceed 776

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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 777

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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 782

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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 784

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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; 785

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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 790

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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 792

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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, 794

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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 795

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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 796

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borrowed by the Contractor. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officers, officials, employees, agents, or volunteers.

b. For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, or volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

c. Any failure to comply with reporting or other provisions of the policies on the part of the Contractor, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

2. The Contractor's General Liability and any Excess or Umbrella Liability insurance policies shall contain an endorsement stating that any aggregate limits shall apply separately to the Work.

3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Each insurance policy by endorsement or provision shall state that coverage shall not be suspended, voided, cancelled, reduced in scope of coverage or in limits, non-renewed, or materially changed unless the insurer(s) provide thirty (30) Calendar Days written notice by certified mail to the City prior to such change. Ten (10) Calendar Days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

5. All of the Contractor's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best rating of at least A-IX.

Exception: Workers' Compensation which is provided through a State Compensation Insurance Fund or a qualified self-insurer for Workers' Compensation under California law.

6. The Contractor shall sign and file with the City the following certification prior to commencing performance of the work of the Contract:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

Said certification is included in the Contract, and signature and return of the Contract shall constitute signing and filing of the said certification. 797

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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 798

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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 802

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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 804

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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 806

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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 ...................................... 56 808

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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. 809

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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 810

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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, 812

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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 813

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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 814

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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 815

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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 817

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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 818

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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 821

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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 822

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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 .................................................................... 72 825

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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 828

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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 829

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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) 830

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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 835

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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 839

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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 841

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regulations and shall be prepared to provide verification of such training to the City when requested.

6-13.07 Construction Signs

The Contractor is responsible for supplying, installing, and maintaining all construction signs and posts. The Contractor will receive direction from the City as to the specific locations and placement of each sign. Regulatory signs or guide signs shall be supplied, erected, and maintained by the Contractor, subject to City approval, and shall be protected from damage from construction activities by the Contractor throughout the duration of the Project.

6-13.08 Temporary Bridging of Excavations and Trenches

Whenever necessary or requested by the City, excavations shall be bridged with steel plates to allow an unobstructed flow of traffic.

1. Asphalt concrete “cutback” shall be placed around the edges of the plat e to provide a ramp and smooth transition from the pavement to the plate to minimize wheel impact. All ramping must be accomplished to provide a minimum angle of approach of twelve horizontal to one vertical (12H:1V).

2. Bridging shall be secured against di splacement by using railroad spikes or other approved fastening devices.

3. Bridging shall be placed and secured to work to minimize noise levels.

4. Steel plates used for bridging shall extend at least one (1) trench width on each side beyond the edges of the trench. Any deviations from these requirements must be designed by a registered engineer and reviewed by the City.

5. Depending upon the depth of the excavation, soil type, vibration, and other variables, the trench may require shoring to support bridging. The excavation shall be designed by a State Registered Civil Engineer or other appropriate professional if there is any question about the capability of the excavation and bridging to support the forces of traffic.

In sidewalk areas, one and one-eighth inch (1-1/8”) plywood may be substituted for steel plating. Such plywood shall be secured to prevent removal by unauthorized persons. Asphalt concrete “cutback” or other non-displaceable material must be used to provide a ramp for pedestrian and handicap access. All ramping must be accomplished to provide a minimum angle of approach of twelve horizontal to one vertical (12H:1V). Vehicular travel over backfilled but unpaved excavations will not be allowed, unless the Contractor provides a

WIDTH OF EXCAVATION MINIMUM THICKNESS OF STEEL PLATES

2.0 ft. or less (0.6 m or less) 7/8 inch (22 mm)

3.0 ft. (0.9 m) 1 inch (25 mm)

4.0 ft. (1.2 m) 1-1/4 inch (32 mm)
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temporary surface suitable for driving consisting of at least two inches (2”) of plant mix asphalt over six inches (6”) of aggregate base, concrete slurry (completely cured), or traffic plates placed over the excavated area of sufficient width and thickness as indicated in this Section.

6-13.09 Entering and Leaving the Construction Zone

Construction equipment shall enter and leave the roadway by moving in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a safe manner that will not endanger the workmen or the public. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment operators shall yield to public traffic.

6-13.10 Existing Traffic Signals and Lighting Systems, Signs and Pavement Markings

Existing traffic signals and highway lighting systems shall be kept in operation during progress of the Work. When traffic signal shutdown is permitted by the City, the Contractor shall notify the City at least five (5) Working Days prior to shut down. Traffic signal detectors accidentally cut or damaged during construction shall be repaired or replaced by the Contractor at the Contractor’s expense and be operational within seventy-two (72) hours. When traffic signals are approved for shutdown, the Contractor shall control traffic by use of flaggers as directed by the City. “STOP” signs will not be permitted at these locations, unless allowed by the City.

Existing signs and pavement markings shall be maintained by the Contractor and shall not be removed or altered without City approval.

6-13.11 Bus Stops

If construction operations will obstruct a bus stop, the Contractor shall notify the Transit provider five (5) Working Days in advance of beginning that portion of the Work and make provisions agreeable to the transit provider to provide an alternate location where people can safely board the bus.

6-13.12 Dust

Water or dust palliative shall be applied if ordered by the City for the alleviation or prevention of dust nuisance caused by the Contractor's operations as provided Chapter 10 of these General Provisions.

6-13.13 Removal of Spillage From Roadway

The Contractor shall immediately remove any spillage resulting from hauling operations along or across any public traveled way.

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6-14 CONFINED SPACES

6-14.01 Contractor Responsibilities and Qualifications

When working in a confined space, the Contractor shall comply with all confined space requirements of Title 8, General Industry Safety Orders (Cal-OSHA), Article 108, Sections 5156 through 5159.

Prior to any confined space entry, the Contractor shall submit for City review:

1. The Contractor’s procedures for confined space operations.

2. Copies of all documents and certificates that qualify the Contractor to safely perform work in permit-required confined spaces. The Contractor shall also submit all applicable Material Safety Data Sheets (MSDS) and hazard information on chemicals, products, materials, or procedures.

3. Sufficient documentation and evidence that a permit-required confined space entry can be made in accordance with Article 108. Documentation shall include, but not be limited to the following:

• Equipment availability, suitability, and integrity.

• Personnel training.

• Experience.

• Supervision.

• Safety.

• Accident experience.

• Permit-required confined space policy.

• Hot work procedures (if applicable).

• Lock-out/tag-out procedures (if applicable).

The Contractor’s submittal shall be made thirty (30) Calendar Days prior to any confined space entry in accordance with Section 5-8, “Contractor’s Submittals,” of these General Provisions.

The Contractor will not be allowed to make a permit-required confined space entry until the City has reviewed the Contractor’s qualifications and proposed methods.

The Contractor shall conform to the procedures established by the Contractor’s submittal during all confined space operations. The Contractor shall provide all monitoring and safety equipment necessary to perform pre-entry checks of confined spaces. The Contractor shall also provide all monitoring, safety, and communications equipment required for confined space operations.
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6-14.02 Existing Sewers and Storm Drains

Because of the potential danger of solvents, gasoline, and other hazardous material in existing sewers and storm drainpipes, these areas shall be treated as permit-required confined spaces unless it has been proven, through appropriate testing, that no hazards exist or are expected to develop.

6-14.03 Joint City – Contractor Entries

Unless otherwise directed in writing by the City, when City employees work alongside the Contractor in a permit-required confined space, the permit procedures for both the City and the Contractor shall be used. The Entry Supervisor shall coordinate the requirements of both permit procedures prior to entry.

6-15 TRAFFIC CONTROL PLANS (TCP)

6-15.01 Traffic Pattern Changes

The Contractor shall notify the City in advance of the Contractor's desire to change any existing traffic patterns. Traffic lanes for public use shall be at least ten feet (10’) in width.

Whenever feasible an additional four feet (4’) shall be provided for a bicycle lane. If it is not feasible to provide a separate bicycle lane, the Contractor shall post signage before the construction area stating, “SHARE the Road with Bicyclists.” Additionally, when the lane is shared, the Contractor shall post signage for a maximum speed limit of 25 MPH in the shared lane. For traffic pattern changes that do not require a road closure, the Contractor shall provide the City with a minimum of five (5) Working Days advance notification, unless otherwise approved or deemed an emergency lane closure by the City. For all road closures, the Contractor shall provide the City with a minimum of twenty (20) Working Days’ notice prior to the desired closure date, unless otherwise approved or deemed an emergency road closure by the City.

6-15.02 Traffic Control Plans (TCP)

The Contractor shall submit a Traffic Control Plan (TCP) to the City for review. The TCP shall show traffic control measures to be used for vehicles, bicyclists, and pedestrians affected by the construction. Five (5) sets of the TCP shall be submitted on eleven-inch by seventeen- inch (11”x17”) (minimum) paper. The Contractor will not be allowed to begin work associated with the road or lane closure until the TCP is reviewed by the City.

TCPs will be reviewed and returned within twenty (20) Working Days.

The City reserves the right to extend the review period or request and review a TCP if special conditions warrant.

Detours used exclusively by the Contractor for hauling materials and equipment shall be constructed and maintained by the Contractor at the Contractor’s expense. If the Contractor's operations are damaging the roadway, the City has the authority to regulate the Contractor's operations and direct the Contractor to repair the roadway at the Contractor’s expense. 845

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6-16 BARRICADING OPEN TRENCHES

Any excavation permitted by the City to be left open shall be barricaded with Type I, Type II, or Type III barricades with reflective tape and flashers as approved or directed by the City. Signs stating “OPEN TRENCH” shall be posted when requested by the City. All open excavated areas shall be barricaded with at least two (2) Type III barricades at the end of the excavation that faces oncoming traffic. Any excavation within four feet (4’) of the traveled way, not protected by K-rail or a similar traffic control barrier approved by the City, shall be backfilled at the end of the work shift or plated in accordance with Section 6-13.08, “Temporary Bridging of Excavations and Trenches,” in this Section of these General Provisions.

6-17 EXISTING UTILITIES

6-17.01 General

The Contractor shall coordinate and fully cooperate with the City and utility owners for the location, relocation, and protection of utilities. The Contractor’s attention is directed to the existence of utilities, underground and overhead, necessary for all buildings in the Work area.

The Contractor shall arrange with utility owners for the location of service lines serving these buildings in advance of the actual construction and for the relocation of such facilities, if necessary, by the utility owner or the Contractor.

6-17.02 Maintenance and Protection

Unless otherwise shown or specified in the Contract, the Contractor shall maintain in service all drainage, water, gas, sewer lines, power, lighting, telephone conduits, and any other surface or subsurface utility structure that may be affected by the Work. However, the Contractor, for convenience, may arrange with individual owners to temporarily disconnect service lines or other facilities along the line of the Work. The cost of disconnecting and restoring such utilities shall be borne by the Contractor.

Unless otherwise specified in the Special Provisions, the Contractor shall protect all existing utilities on all projects being constructed, whether inside or outside of highway rights-of-way.

The utility owner in these cases may elect to provide the necessary protective measures and bill the Contractor for the cost. “Existing utilities” includes traffic control devices, conduits, streetlights, and related appurtenances. Existing utility facilities that are to be relocated, including traffic signals and light poles, shall be relocated prior to paving. No paving shall be performed around existing utility facilities that are to be relocated.

6-17.03 Exact Locations Unknown

The locations of existing utility facilities shown on the Plans are approximate and represent the best information obtainable from utility maps and other information furnished by the various utility owners involved. The City warrants neither the accuracy nor the extent of actual installations as shown on the Plans. There may be additional utilities on the property unknown to either party to the Contract. If, during the course of the Work, additional subsurface utilities are discovered, the City may make adjustments to the Work. Compensation for such adjustments will be in accordance with Chapter 9, “Changes and Claims”, of these General Provisions.
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In accordance with Government Code Section 4215, the City will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, removing, relocating or protecting existing main or trunk line utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment on the Work necessarily idled during such work. In no event shall the City be liable for any further or additional costs resulting directly or indirectly from any such occurrence.

Compensation will be in accordance with Chapter 9, “Changes and Claims”, of these General Provisions. Nothing herein shall be deemed to require the City to indicate the presence of existing utility services, laterals, or appurtenances whenever their presence can be inferred from other visible facilities such as buildings, meters, junction boxes, valves, service facilities, identification markings, and other indicators on or adjacent to the Work.

If the Contractor discovers utilities not identified in the Plans or Specifications, the Contractor shall immediately notify the City and the utility owner by the most expeditious means available and later confirm in writing. If the completion of the Work is delayed by failure of the City or the utility owner to remove, repair, or relocate the utility, such delay may be an excusable delay as defined and provided for in Section 7-12.02, “Excusable Delays”, of these General Provisions. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays that are the responsibility of the utility. The Contractor shall not be assessed liquidated damages for delay in completion of the Work for that portion of such delay as is caused by failure of the City or the owner of a utility to provide for the removal or relocation of existing utilities.

6-17.04 Underground Service Alert (USA)

The City is a member of the Underground Service Alert North (U.S.A.) one-call program.

Except in an emergency, the Contractor and any Subcontractor planning to conduct any excavation shall notify the U.S.A. at least two (2) Working Days, but no earlier than fourteen (14) Calendar Days, in advance of performing excavation work. U.S.A. can be reached by calling 811 or going to www.usanorth811.org. U.S.A. does not accept emergency calls. For emergency repairs, the Contractor or any Subcontractor planning to conduct an excavation, must contact the designated City representative. The provisions of Government Code Sections 4216 through 4215.9, inclusive, shall be followed.

Each phase of the Project shall be called into U.S.A. and continuing excavation reported every fourteen (14) Calendar Days. The Contractor shall not call into U.S.A. the entire Project boundaries or, on road construction projects, the entire length of the project. The excavator shall only request the marking of facilities within the area to be excavated within fourteen (14) Calendar Days of the call. U.S.A. will provide an inquiry identification (“Ticket”) number to the person contacting the center. The U.S.A. ticket number shall be available to the Inspector at the job site along with the date U.S.A. was called. If the U.S.A. notifications are not kept up-to- date, the excavation will be stopped, and a new two (2) Working Day notice will be required before continuing the excavation. If, at any time during an excavation for which there is a valid ticket number, the field markings are no longer reasonably visible, the Contractor shall contact U.S.A.to have the area re-marked. The Contractor shall allow two (2) Working Days for re- marking of facilities.

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Prior to calling U.S.A., the Contractor shall clearly mark the excavation site with white, water- soluble, or spray chalk paint in paved areas or place flags, stakes, whiskers, or some other approved method in unpaved areas. The Contractor shall determine the exact location (twenty-four inches (24”) from outside edge on either side of the facility) of utilities in conflict with the proposed excavation by exposing the subsurface installation with hand tools before using any power-operated or power-driven equipment. The Contractor is responsible for protecting operators’ markings or markers until they are removed.

Prior to Final Acceptance, all U.S.A. markings shall be removed by the Contractor to the satisfaction of the City. During the progress of the Work, markings shall be removed by the Contractor to the satisfaction of the City. During the progress of the Work, markings or markers shall be removed within two (2) months of the date the markings or markers are no longer needed or upon completion of the work, whichever comes sooner. The City will accept natural weathering of the markings if the markings disappear within the two-month period or prior to Final Acceptance. If the markings are in brick pavers or concrete areas and if, by natural weathering or other approved removal methods, the markings still remain, the Contractor must replace the concrete or the brick pavers in-kind, unless the utility operator has failed to use chalk-based paint or other non-permanent marking materials. Contractors and utility operators are encouraged to avoid marking in these areas by using offset markings.

Removal methods shall be non-destructive and residual shadowing shall not remain.

Removal of markings shall comply with requirements of any applicable Federal, State, and local laws, rules, or regulations.

U.S.A. markings not removed by the required time lines may be removed and the sidewalk or street repaired/replaced by the City at its discretion. The City will charge the Contractor a service fee equal to the actual costs of removal for removing the markings and making any repairs and/or replacements. This fee will include the cost to comply with any applicable Federal, State, and local laws, rules, or regulations.

6-17.05 Damage to Existing Utilities

The Contractor shall notify the affected utility of any contact, scrape, dent, nick, or damage to their facility. Any operator or excavator who negligently violates Government Code Section 4215 is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).

Any operator or excavator who knowingly and willfully violates Government Code Section 4215 is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).

6-17.06 Markings
The following table designates color codes and symbols that shall be used by the Contractor and the utility owners to identify utilities:

FIELD MARKINGS

COLOR CODES AND SYMBOLS
Color Symbol Name Name
Safety Precaution W Water
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FIELD MARKINGS

COLOR CODES AND SYMBOLS
Blue
Safety Alert Orange
FA
Tel
R
TV
WU
Fire Alarm
Telephone/Communication
Railroad
Television/CATV
Western Union
Safety Green S
D
Sewer
Storm Drain
Safety Red
L
E
T
Street Lighting
Electric
Traffic Signals
High Visibility Safety
Yellow
G
Company Name
Gas
Oil or Chemical
Steam
Purple RW Reclaimed Water
Pink/Fuchsia TSM Temporary Survey
White USA Proposed Excavation – Paint outline of
proposed excavation area with white dotted line

6-18 APPROVAL OF CONTRACTOR'S PLANS NO RELEASE FROM LIABILITY

The review or approval by the City of any submittal, working drawing or any method of work proposed by the Contractor shall not relieve the Contractor of any of the Contractor’s responsibility for any errors and shall not be regarded as any assumption of risk or liability by the City or any officer, official, agent, employee, member, volunteer, affiliate, or their duly authorized representatives. The Contractor shall have no claim under the Contract because of the failure or partial failure or inefficiency of any reviewed or approved plan or method. City review or approval means that the City has no objection to the Contractor using the proposed plan or method at the Contractor's responsibility and risk.

6-19 CONTRACTOR SHALL NOT MORTGAGE EQUIPMENT

The Contractor shall not mortgage or otherwise convey the title of the plant, machinery, tools, appliances, supplies, or materials that may at any time be in use, or further required or useful, in the prosecution of the Work, without prior written consent of the City.

6-20 PROPERTY RIGHTS IN MATERIALS

Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been installed, attached or affixed to the Work, and on which partial payments have been made by the City. All such materials shall be the property of the Contractor and the City jointly as their interests may appear, and shall not be removed from the Work by the Contractor without the City’s consent.

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6-21 EXCAVATION AND TRENCH SAFETY

6-21.01 Permit

The Contractor must obtain a permit from the Division of Industrial Relations per Labor Code Section 6500, as specified in California Code of Regulations, Title 8, Article 6, Section 1539 “Permits” of the Construction Safety Orders, for all excavations five feet (5’) or deeper to which an employee is required to descend. The permit shall be kept at the construction site at all times.

6-21.02 Shoring, Bracing. Shielding, and Sheeting

In accordance with Labor Code Section 6705, at least five (5) Working Days in advance of excavation of any trench or trenches five feet (5’) or more in depth, with a total value of twenty- five thousand dollars ($25,000) or more, the Contractor shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a California Licensed Professional Civil or Structural Engineer. A signed copy of the detailed plan shall be on the site at the time of the excavation. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the City or any of its employees. These systems must support the sides of the excavation and prevent soil movement that could cause injury to any person or structure. Any damage resulting from a lack of adequate shoring, bracing, shielding or sheeting shall be repaired at the Contractor's expense.

The Contractor shall immediately replace or repair any unsafe ladder, scaffolding, shoring, or bracing, or correct any other dangerous or hazardous situation that exists.

A Competent Person, as defined in California Code of Regulations, Title 8, Construction Safety Orders, Section 1504, “Definitions,” shall be on site at all times when the Contractor's employees are working within the trench. A "Competent Person" is one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

The price bid for work that will require an excavation of five feet (5’) or deeper (or less if conditions warrant) shall include the cost of adequate sheeting, shoring, and bracing, or equivalent method conforming to applicable safety orders, unless a separate Bid Item for such work is included in the bid form.

6-22 PRESERVATION OF PROPERTY

Trees and shrubbery that are to remain, pole lines, fences, signs, traffic control devices, striping, survey markers and monuments, buildings and structures, conduits, under- or above- ground pipelines, and any other improvements and facilities shall be protected from injury or damage. If ordered by the City, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, said objects shall be replaced or restored at the Contractor’s 850

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expense to a condition as good as when the Contractor entered upon the Work. The Contractor shall receive City approval before the removal of any road sign or permanent traffic control device that interferes with the Work.

6-23 OVERLOADING

The Contractor shall determine safe loading capacities and shall not overload any structure, equipment, pavement, or material beyond its safe capacity, or significantly deteriorate the preconstruction condition, during construction. In addition to assuming full responsibility for bodily injury resulting from any such overloading, the Contractor shall repair to the City’s satisfaction or reimburse the City for the costs of repairing the damage. For pavement assessment prior to construction, contact the City Public Works Department.

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CHAPTER 7 - PROSECUTION OF THE WORK

TABLE OF CONTENTS

Section Page
7-1 BEGINNING OF WORK ............................................................................................... 85 7-2 AMOUNT OF WORK UNDER CONSTRUCTION ......................................................... 85 7-3 PRECONSTRUCTION CONFERENCE AND PROGRESS MEETINGS ....................... 85 7-4 WORK TO BE UNDERTAKEN WITH ADEQUATE SUPERVISION, LABOR FORCE, EQUIPMENT AND METHODS ........................................................................................... 85 7-4.01 Superintendence ......................................................................................... 86 7-4.02 Labor .......................................................................................................... 86 7-4.03 Equipment and Methods ............................................................................... 86 7-5 SCHEDULES................................................................................................................ 86 7-5.01 Baseline (Contract) Schedule ........................................................................ 87 7-5.02 Progress Schedules ..................................................................................... 89 7-5.03 Schedule Revisions ..................................................................................... 90 7-5.04 Short Interval Schedules ............................................................................... 90 7-5.05 Float ........................................................................................................... 91 7-5.06 City’s Right to Revise the Schedule ............................................................... 91 7-5.07 Responsibility for Completion ........................................................................ 91 7-6 UNUSUAL SITE CONDITIONS .................................................................................... 92 7-7 PURSUANCE OF WORK DURING INCLEMENT WEATHER ...................................... 93 7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS ................... 93 7-8.01 Allowable Times and Hours of Work .............................................................. 93 7-8.02 Off-Period Work ........................................................................................... 93 7-8.03 Emergency Repairs ..................................................................................... 93 7-8.04 Revocation of Permission For Off-Period Work ............................................... 94 7-8.05 Working Shifts ............................................................................................. 94 7-9 TEMPORARY FACILITIES AND SERVICES ................................................................ 94 7-10 PROTECTION OF WORK, PERSONS AND PROPERTY .......................................... 94 7-11 PROOF OF COMPLIANCE WITH CONTRACT .......................................................... 94 7-12 DELAYS ..................................................................................................................... 94 7-12.01 Inexcusable Delays .................................................................................... 94 7-12.02 Excusable Delays ...................................................................................... 95 7-13 NOTICE OF DELAYS ................................................................................................. 95 7-14 CARELESS DESTRUCTION OF STAKES AND MARKS NO CAUSE FOR DELAY ... 96 7-15 TIME OF COMPLETION............................................................................................. 96 7-16 EXTENSION OF TIME NOT A WAIVER ..................................................................... 96 7-17 INCLEMENT WEATHER AND CONTRACT TIME ...................................................... 96 7-18 EXTENSION OF TIME ............................................................................................... 96 7-19 SUBSTANTIAL COMPLETION ................................................................................... 97 7-20 CLEANING UP ........................................................................................................... 97 7-21 FINAL INSPECTION AND FIELD ACCEPTANCE ...................................................... 97 7-22 FINAL ACCEPTANCE AND NOTICE OF COMPLETION ........................................... 98 7-23 WARRANTY WORK ................................................................................................... 98 852

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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 855

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the Work, in conformance with the requirements of the Specifications. The proposed baseline schedule shall be in electronic format (e.g., CD, DVD, or flash drive but not .pdf).

The proposed baseline schedule shall comply with the following requirements, unless modified by the City:

1. A time scaled CPM type schedule showing the mathematical analysis of the CPM network diagram and prepared in the version of software subject to City acceptance.

2. No activity on the schedule shall have a duration longer than fourteen (14) Working Days, with the exception of fabrication and procurement activities, unless otherwise approved by the City. Activity durations shall be the total number of actual days required to perform that activity including consideration of weather impact on completion of that activity.

3. Procurement of major equipment, through receipt and inspection at the job site, identified as a separate activity.

4. Owner furnished materials and equipment if any, identified as separate activities.

5. Dependencies (or relationships) between activities.

6. Processing/approval of submittals and shop drawings for major equipment.

Activities that are dependent on submittal acceptance and/or material delivery shall not be scheduled to start earlier than the expected acceptance or delivery dates.

7. Separate buildings and other independent project elements shall be individually identified in the network.

8. Fourteen (14) Working Days for developing punch list(s), completion of punch list items, and final clean-up for the work or any designated portion thereof. No other activities shall be scheduled during this period.

9. Interface with the work of other contractors (or entities).

Each activity shown on the proposed baseline schedule shall have the following minimum information:

• Unique number(s) for each activity

• Activity description

• Activity relationships and dependencies (logic)

• Activity duration in Working Days

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• Early start, early finish, late start, late finish dates (calendar date, i.e., day, month, year)

• Total float, free float

• Interim milestone dates and completion dates

• Detailed list of work contained within each activity

• Manpower loading for each item of work for unit price contracts

• Cost loading for each item of work for lump sum contracts

The City will review the proposed baseline schedule for conformance with the requirements of the Contract and, within seven (7) Calendar Days after receipt, will approve the proposed baseline schedule or will return it with comments. If the proposed baseline schedule is not approved, the Contractor shall revise the schedule to incorporate comments and resubmit the schedule for approval within seven (7) Calendar Days after receiving it. The approved schedule shall become the Contract Schedule.

The Contract Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests. The responsibility for developing the Contract Schedule and monitoring actual progress as compared to the schedule rests with the Contractor.

Failure of the Contract Schedule to include any element of the work or any inaccuracy in the Contract Schedule will not relieve the Contractor from responsibility for accomplishing all the Work in accordance with the Contract.

Approval of the Contract Schedule will not relieve the Contractor of the responsibility for accomplishing the Work in accordance with the Contract and the Contract Time.

7-5.02 Progress Schedules

The Contractor shall submit to the City each month with its payment application an electronic and hard copy up to-date Progress Schedule with a narrative describing the general status of the Work and addressing any problem areas or delays, with impacts on critical path items of work highlighted. A corrective course of action shall also be included when problem areas or delays are encountered. The Progress Schedule shall be in the same software format and version as that used to create the Contract Schedule and shall include:

1. The Contractor's estimated percentage complete and remaining duration for each activity not yet complete.

2. Actual start/finish dates for activities as appropriate.

3. Identification of processing errors, if any on the previous update reports.

4. Revisions, if any, to the assumed activity durations including revisions for weather impact for any activities due to the effect of the previous update on the schedule.
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5. Identification of activities that are affected by requested or proposed changes to the Work.

6. Resolution of conflict between actual work progress and schedule logic. When out of sequence activities develop in the Contract Schedule because of actual construction progress, the Contractor shall submit revisions to schedule logic to conform to current status and direction.

The City will review the updated schedule information and meet with the Contractor each month, unless the City requests more frequent meetings, to determine the status of the Work.

If agreement cannot be reached on any issue, the Contractor will use the City’s determination in the processing of the update.

Progress payments pursuant to the Contract will be based on the Progress Schedules.

7-5.03 Schedule Revisions

If the sequence of construction differs significantly, as determined by the City, from the Contract Schedule, the Contractor shall submit within fifteen (15) Calendar Days a revised schedule to the City for approval.

When a requested or proposed change to the Work will have an impact on the critical path, the Contractor shall submit a schedule fragnet showing this impact. If the requested or proposed change is accepted by the City, the schedule fragnet shall be incorporated into the Contract Schedule. Time extensions will be considered only to the extent there is insufficient remaining float to accommodate these changes, and pursuant to Sections 7-12, “Delays” and 7-18, “Extension of Time”, of these General Provisions. No additional cost beyond that provided in Chapter 9, “Changes and Claims”, of these General Provisions will be allowed for the incorporation of approved changes into the Contract Schedule.

Should the Contractor, after approval of the Contract Schedule, intend to change its plan of construction, it shall submit its requested revisions to the City, along with a written statement of the revision, including a description of the logic for rescheduling the work, methods of maintaining adherence to Intermediate milestones and other specific dates and the reasons for the revisions. If the requested changes are acceptable to the City, they will be incorporated into the Contract Schedule in the next reporting period.

Schedule revisions shall be submitted at least seven (7) Calendar Days prior to the date of submission of updated information. The City will have seven (7) Calendar Days to review the revisions.

7-5.04 Short Interval Schedules

The Contractor shall, if required by the City, prepare a Short Interval Schedule (SIS) to be used throughout the duration of Work. The SIS shall include all current activities and projected activities for the succeeding two (2) weeks. The SIS shall include actual start/finish dates for the preceding one (1) week. The SIS shall be submitted to the City prior to the each progress construction meeting. The Contractor shall participate in short interval scheduling coordination during the progress construction meetings.
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7-5.05 Float

All float in any activity, milestone completion date, and/or Contract Completion Date is owned by the Project and, as such, is a resource available to both the City and the Contractor.

Neither the City nor the Contractor owns the float time.

Unless otherwise provided herein, float is synonymous with total float and total float is the period of time measured by the number of Working or Calendar Days (as specified in the Contract) any non-critical path activity may be delayed before it and its succeeding activities become part of the critical path. If a non-critical path activity is delayed beyond its float period, then that activity becomes part of the critical path and controls the completion date of the Work. Thus, delay of a non-critical path activity beyond its float period will cause delay to the Project itself.

Acceptance of any schedule based on less time than the maximum time allowed for accomplishment of milestones or Project completion within Contract Time, does not serve to contractually change any Contract duration, nor does it serve as a waiver of either the Contractor’s or the City’s right to utilize the full amount of time specified in the Contract. As such, liability for delay of Project completion dates rests with the party actually causing delay to Project completion dates.

7-5.06 City’s Right to Revise the Schedule

In the event of a delay to critical path work which is not the fault of the Contractor, the City may elect to re-sequence work or otherwise modify the Contract Schedule in an attempt to minimize the effect of the delay. It shall be the responsibility of the Contractor to cooperate in this effort. It is not the City’s responsibility to ensure the Contractor the ability to use “optimal” crew size throughout the Project and no adjustment of the Total Contract Price will be made for minor variations in crew size or claimed loss of efficiency or disruption that result from schedule adjustments. However, overtime work or weekend work required by the City to meet schedule objectives other than those of the Contractor will be reimbursed per the provisions of Chapter 9, “Changes and Claims” of these General Provisions, provided that the Contractor has not contributed to the delay which the City is seeking to overcome. If the Contractor contends that a schedule adjustment will cause a significant disruption of its work sequence or ability to perform work efficiently, it shall notify the City within forty eight (48) hours of receipt of the adjustment. Failure to provide timely notice constitutes a waiver by the Contractor of any claim for compensation arising out of the schedule adjustment.

7-5.07 Responsibility for Completion

The Contractor shall furnish sufficient manpower, materials, facilities and equipment and shall work sufficient hours, including night shifts, overtime operations, Saturdays, Sundays and holidays (in accordance with Section 7-08) as may be necessary to insure the progression and completion of the Work in accordance with the Contract Time. If work on the critical path is behind the currently updated Progress Schedule and it becomes apparent that the Work will not be completed within the Contract Time, the Contractor will implement whatever steps it deems necessary to make up all lost time at no additional cost to the City. If the Contractor’s solution is not successful, it will make further attempts using the following sequence of events:

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1. Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.

2. If the above cannot be achieved then;

a. The Contractor shall increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the City, the backlog of work; or increase the number of working hours, shifts per working day, working days per week or the amount of equipment or any combination of the foregoing sufficiently to substantially eliminate in the judgment of the City the backlog of work.

b. In addition, the City may require the Contractor to submit a recovery schedule demonstrating its program and proposed plan to make up a lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the City finds the proposed recovery schedule unacceptable, it may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are unsatisfactory, the City may require the Contractor to take any of the actions set forth in the previous paragraph without additional cost to the City to make up the lag in scheduled progress.

Failure of the Contractor to comply with the requirements of this Section 7-5.07 shall be considered grounds for a determination by the City that the Contractor is failing to undertake the Work with such diligence as will ensure its completion within the time specified and will subject the Contractor to all rights and remedies of the City under the Contract Documents.

7-6 UNUSUAL SITE CONDITIONS

The Contractor shall promptly upon discovery, and before the following conditions are disturbed, notify the City, in writing, of any:

1. Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated in the Contract.

3. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Contractor shall follow up the prompt notification with written documentation of the unusual site condition within five (5) Working Days. The City will have the site remediated or issue a Change Order per Chapter 9, “Changes and Claims”, of these General Provisions if it finds that the conditions do materially differ or involve hazardous waste.

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7-7 PURSUANCE OF WORK DURING INCLEMENT WEATHER

During inclement or unsuitable weather or other unfavorable conditions, the Contractor shall pursue only such portions of the Work that will not be damaged by the weather or unfavorable conditions. When the weather or unfavorable conditions creates hazardous travel or working conditions, as determined by the City, the Contractor may be directed to stop that portion of the Work, in accordance with Section 5-22, “Temporary Suspension or Delay of Work”, of these General Provisions, until the weather clears or the conditions are no longer unfavorable.

The Contractor must keep roads safe and inspect and maintain storm water pollution prevention and erosion control devices during inclement weather or unfavorable conditions.

Lane and road closures may not be allowed if the City determines that the traffic controls will create unnecessary risk to the traveling public, the Contractor, and/or City employees.

7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS

7-8.01 Allowable Times and Hours of Work

Unless otherwise noted in the Special Provisions or approved by the City, no work shall be done between the hours of 7 p.m. and 7 a.m., or on Saturdays, Sundays, or Legal Holidays.

Unless otherwise noted in the Special Provisions or approved by the City, no lane of traffic shall be closed to the public during the peak hours of 7:00 a.m. to 8:00 a.m. and 3:30 p.m. to 6:00 p.m., except as necessary for the proper care and protection of work already performed or in case of an emergency repair as defined below. These exceptions are allowed only with the City’s written permission.

7-8.02 Off-Period Work

A written request to work between 7 p.m. and 7 a.m. or on Saturdays, Sundays, or Legal Holidays, or to close a lane of traffic during peak hours must be submitted at least two (2) Working Days in advance of the intended work. The City will evaluate the Contractor’s request to determine if there is a benefit to the City, a nuisance or a hazard to the public, the Project, or the area surrounding the site, and if the Contractor should pay any City overtime costs related to the off-period work. The City may place conditions on any approval of off-period work based on this analysis.

7-8.03 Emergency Repairs

An emergency repair is a repair to the Work (including traffic controls, barricades, or temporary signs) required as a result of an unforeseen event that poses a danger to the public or jeopardizes the integrity of the Work, whether completed or not. The Contractor may be allowed to close a lane of traffic or work at night, on Saturdays, Sundays, or Legal Holidays for an emergency repair. The Contractor must notify the City within one (1) hour of dispatch of the Contractor’s repair crews, and give their names, an emergency contact number, the location of the emergency repair, and a tentative completion date and time. The Contractor shall notify the City when the emergency repair is completed and the road is clear. If an extension of time is required, the Contractor must provide a revised tentative Contract Completion Date. If an adjustment to the Total Contract Price is required, the Contractor shall notify the City of all proposed adjustments necessitated by the emergency and emergency repair.

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7-8.04 Revocation of Permission For Off-Period Work

The City may revoke permission for off-period work if the Contractor endangers the public, an employee, or themselves by violating a safety and health regulation, or fails to maintain an adequate work force and equipment for reasonable prosecution and inspection of such work.

7-8.05 Working Shifts

Two- or three-shift operations may be established as a regular procedure by the Contractor upon written permission from the City. Such permission may be revoked if the Contractor fails to comply with applicable safety and health regulations, fails to provide for adequate inspection of the Work, or fails to provide sufficient means and equipment, including artificial light, to permit the Work to be carried out safely and appropriately and to permit proper inspection.

7-9 TEMPORARY FACILITIES AND SERVICES

Unless specified otherwise in the Special Provisions, the Contractor shall be responsible for providing and maintaining necessary material storage facilities, utilities, field offices, temporary roads, fences, security, etc. for prosecuting the Work. The Contractor shall obtain a City of Rocklin hydrant permit at contractor expense prior to connecting to or drawing construction water from fire hydrants.

7-10 PROTECTION OF WORK, PERSONS AND PROPERTY

The Contractor shall protect the Work, equipment and materials from damage until completion and acceptance of the Work. Neither the City nor any of its agents assume any responsibility for collecting funds from any person or persons that damages the Contractor’s work.

The Contractor shall store materials and equipment in accordance with manufacturer’s recommendations and erect such temporary structures as required to protect them from damage. The Contractor shall furnish guards, fences, warning signs, walks, and lights, and shall take all other necessary precautions to prevent damage or injury to persons or property.

7-11 PROOF OF COMPLIANCE WITH CONTRACT

When requested by the City, the Contractor shall submit properly authenticated proof of the Contractor’s compliance with the Contract.

7-12 DELAYS

The Contractor shall provide notification to the City for any delays, in accordance with Section 7-13, “Notice of Delays”, of these General Provisions.

7-12.01 Inexcusable Delays

The Contractor shall not receive any time extensions or additional monetary compensation for inexcusable delays. Inexcusable delays include, but are not limited to, the following:

1. Delays that affect only a portion of the Work but do not prevent or delay the prosecution of controlling items of work nor the completion of the whole Work 862

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within the Contract Time.

2. Delays associated with the reasonable interference of other contractors employed by the City that do not necessarily prevent or delay the prosecution of controlling items of work or the completion of the whole Work within the Contract Time.

3. Delays associated with loss of time resulting from the necessity of submitting plans for City approval or from City surveys, measurements, inspections, and testing.

4. Delays that could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or Subcontractors.

7-12.02 Excusable Delays

The Contractor may be granted an extension of Contract Time for excusable delays, which are those that are determined to be beyond the control of the Contractor, impact a controlling item of work, could not be prevented by the exercise of care, prudence, foresight, and diligence, and only to the extent there is insufficient remaining float to accommodate the delay. These excusable delays may include City acts, unusually severe weather or conditions resulting therefrom, Acts of God or of the public enemy, fire, epidemics, and labor strikes. Material shortages and delays in utility company relocations may be classified as excusable if the Contractor produces satisfactory evidence of acting in a timely manner.

The Contractor shall not receive any additional monetary compensation due to excusable delays unless the City determines that the excusable delay resulted from a City act or the discovery of cultural resources (as specified in Section 10-12, “Archeological and Cultural Resources”, of these General Provisions). The Contractor shall also not receive any additional monetary compensation due to excusable delays under the following circumstances:

1. The Contractor could have reasonably anticipated the delay and avoided the cost impacts of it.

2. When there are two (2) or more concurrent delays and at least one does not qualify for monetary compensation under Section 7-12.

3. The excusable delay does not affect controlling critical path tasks that would delay overall completion of the Work.

7-13 NOTICE OF DELAYS

The Contractor shall immediately notify the City in writing delivered by personal delivery, U.S.

Mail First Class, or email, if the Contractor foresees any delay in the prosecution of the Work or if the Contractor learns of the occurrence of any excusable delay; but in no case shall the written notice be provided to the City later than five (5) Working Days after the occurrence of the event that is the cause of the excusable delay. The Contractor shall describe in this notice, the nature and cause of the delay and shall state the probability of the delay occurring (if foreseen ahead of time) so the City may take steps to prevent the occurrence or continuance of the delay and may determine whether the delay is inexcusable or excusable, its duration, 863

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and its extent. Notification of delays in any other format than described herein, including, without limitation, in progress meetings and regardless of whether noted in the progress meeting minutes, is insufficient to constitute the required and proper notice.

In the event of a continuing delay, the Contractor is required to give only one notice.

The City will assume that all delays were inexcusable unless the City was notified as indicated above and through its investigation found them excusable. Contractor waives any and all claims for time extensions and/or monetary compensation based on delay if notice is not provided as described above. The Contractor acknowledges that City has a strong interest in mitigation of delay impacts and in confirmation of the existence of delay; therefore, the Contractor agrees to submit these notices of delay and to waive claims if notice is not submitted as required.

7-14 CARELESS DESTRUCTION OF STAKES AND MARKS NO CAUSE FOR DELAY

If the Contractor or Subcontractors destroy stakes and marks causing a delay in the Work, the Contractor shall have no claim for damages or time extensions. See also Section 5-9, “Surveys”, of these General Provisions.

7-15 TIME OF COMPLETION

Time is of the essence on all City contracts. The Contractor shall complete all of the Work called for under the Contract within the Contract Time.

7-16 EXTENSION OF TIME NOT A WAIVER

Time extensions granted for excusable delays or for the execution of extra or additional work shall not operate as a waiver of any of the City’s rights under the Contract.

7-17 INCLEMENT WEATHER AND CONTRACT TIME

The Contractor will be allowed a time extension if, in the opinion of the City, inclement or unsuitable weather or its effects prevents working on the current critical path task at the beginning of the shift for at least five (5) consecutive hours, or for at least (5) hours during the shift. (A current critical path task or controlling operation is any feature of the Work (e.g., an operation or activity including settlement, curing periods, and submittal activities) that if delayed or prolonged will delay the time of completion of the Contract.)

7-18 EXTENSION OF TIME

Subject to the provisions of Section 7-12.02, compliance with the required contractual notice provisions in Section 7-13, and subject to submission of a schedule fragnet in accordance with Section 7-5.03 of these General Provisions showing the impact on the critical path of the event giving rise to an excusable delay, the Contractor will be allowed a time extension to complete the Work equal to the sum of all excusable delays as determined in accordance with Section 7-12 to Section 7-17 of these General Provisions, plus any adjustments in Contract Time due to Change Orders as outlined in Section 9-12, “Time Extensions for Changes”, of these General Provisions. During such time extension, the Contractor will not be charged for extra engineering and inspection or liquidated damages.
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7-19 SUBSTANTIAL COMPLETION

When the Contractor considers the entire Work, or a specific portion of the Work, substantially complete, the Contractor shall certify in writing to the City that the Work is substantially complete and request that the City grant substantial completion. Within five (5) Working Days, the City and the Contractor shall inspect the Work to determine the status of completion. If the City does not consider the Work ready for its intended use, the City will notify the Contractor in writing, giving the City’s reasons. If the City considers the Work ready for its intended use, the City will grant substantial completion, and then the City will provide a list of items to be completed or corrected (often referred to as a “deficiency list” or “punch list”) before Final Acceptance and Final Payment. Immediately upon being provided a deficiency list, the Contractor shall proceed to correct or complete the items on the list.

Substantial completion does not bar liquidated damages from being assessed and accruing.

Liquidated and other damages may continue to accrue until Completion.

7-20 CLEANING UP

Throughout the construction period, the Contractor shall keep the site of the Work in a presentable condition, dispose of any surplus materials, keep roadways reasonably clear of dirt and debris, keep all sidewalk and other pedestrian areas clear of dirt, loose gravel, debris and any tripping hazards, clean out all drainage ditches and structures, and repair any fences or other property damaged during the progress of the Work, to the satisfaction of the City.

The Contractor shall also keep the work site cleaned of all rubbish, excess material, and equipment. All portions of the work shall be left in a neat and orderly condition prior to requesting final inspection. Surplus material shall be disposed of in accordance with Section 18-7, “Surplus Material Disposal”, of the Placer County Specifications. The final inspection will not be made until final clean-up has been accomplished.

Construction and demolition debris may be properly disposed of by the contractor using self- haul equipment to deliver the debris to an approved disposal site. Any paid waste/recycling collection or disposal services shall exclusively utilize the City’s designated refuse collection service provider.

7-21 FINAL INSPECTION AND FIELD ACCEPTANCE

The Contractor shall notify the City in writing when it believes that it has corrected all items on the deficiency (punch) list and has achieved Completion, and the City shall promptly inspect the Work. The Contractor or the Contractor's representative shall be present at the final inspection. The Contractor will be notified in writing of any further defects or deficiencies and the Contractor shall proceed within ten (10) Calendar Days to correct such defects or deficiencies. When again notified that the Contractor has achieved Completion, the City will again inspect the Work to ascertain that the corrections are in accordance with the Contract and Completion has occurred. The City may delay additional inspections if the City has reason to believe that the Contractor is not making a good faith effort to correct deficiencies. The Engineer will recommend acceptance of the Work to the Council or designee if it finds all the corrections acceptable and Completion has occurred; otherwise, the Engineer shall continue to withhold field acceptance of the work until all deficiencies on the deficiency (punch) list are corrected and Completion achieved.
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7-22 FINAL ACCEPTANCE AND NOTICE OF COMPLETION

Upon Completion of the Work, including but not limited to acceptance of M&O manuals, Record Drawings, and test reports, the Engineer will recommend to the Council that it accept the Contract as complete. Upon acceptance by the Council, a Notice of Completion will be recorded with the County Recorder within fifteen (15) Calendar Days. Acceptance by the City Council shall cause the commencement of warranty periods. Acceptance shall not relieve the Contractor from the responsibility of completing or correcting any work, nor from the responsibility to correct any patent or latent defects in the Work.

7-23 WARRANTY WORK

Should any defects or deficiency in material, equipment or workmanship, such as faulty materials, poor workmanship, defective equipment, or any other reason that can be attributed to Contractor’s performance, become apparent during any warranty period, the City shall notify Contractor in writing of the defect before expiration of the warranty period. If so notified, Contractor has a duty to immediately correct, or immediately and satisfactorily commit to correct, the defect or deficiency to meet the Contract requirements at Contractor’s sole expense. This duty to correct does not expire for any reason, including but not limited to expiration of the warranty period. A new warranty period, equivalent to the original warranty period, will apply to all corrected deficiencies.

The City is hereby authorized to make such needed repairs if the Contractor fails to undertake, with due diligence, the needed repairs within ten (10) Calendar Days after the Contractor is given written notice of such failure and without notice to the surety; and the Contractor shall pay the entire costs for the City’s work. However, in case of an emergency where, in the opinion of the City, delay would cause serious loss or damages or a serious hazard to the public, the City may immediately make repairs or take other action without prior notice to the Contractor or surety; and the Contractor shall pay the entire costs for the City’s work.

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CHAPTER 8 - MEASUREMENT AND PAYMENT

TABLE OF CONTENTS

Section Page
8-1 BASIS AND MEASUREMENT OF PAYMENT QUANTITIES ...................................... 100 8-1.01 Unit Price Contracts .......................................................................................... 100 8-1.02 Lump Sum or Job Contracts ....................................................................... 100 8-1.03 Payment for Mobilization ............................................................................ 100 8-1.03.A Mobilization Not a Pay Item ..................................................................... 100 8-1.03.B Mobilization a Pay Item ........................................................................... 100 8-2 SCOPE OF PAYMENT ............................................................................................... 101 8-2.01 General ..................................................................................................... 101 8-2.02 Unit Price Contract ..................................................................................... 101 8-2.03 Lump Sum or Job Contract ......................................................................... 101 8-2.04 Final Pay Items .......................................................................................... 101 8-2.05 Allowances ................................................................................................ 101 8-2.06 Payment for Material Not Incorporated in the Work ....................................... 102 8-3 WORK TO BE DONE WITHOUT DIRECT PAYMENT ................................................ 102 8-4 PAYMENT FOR USE OF COMPLETED PORTIONS OF WORK ............................... 102 8-5 PROGRESS PAYMENT PROCEDURES ................................................................... 102 8-6 INSPECTION AND PROGRESS PAYMENTS NOT A WAIVER OF CONTRACT PROVISIONS ................................................................................................................... 103 8-7 RETENTION ............................................................................................................... 103 8-7.01 Retention to Ensure Performance ................................................................ 103 8-7.02 Non-Compliance ........................................................................................ 104 8-7.03 Substitution of Securities ............................................................................ 104 8-9 DEDUCTIONS FOR IMPERFECT WORK .................................................................. 105 8-10 LIQUIDATED DAMAGES FOR DELAY .................................................................... 105 8-11 FINAL ESTIMATE AND PAYMENT .......................................................................... 106 8-12 FINAL PAYMENT TO TERMINATE LIABILITY OF CITY .......................................... 107 8-13 DISPUTED PAYMENTS ........................................................................................... 108

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CHAPTER 8 MEASUREMENT AND PAYMENT

8-1 BASIS AND MEASUREMENT OF PAYMENT QUANTITIES

It is the Contractor’s responsibility to measure and/or compute the quantities of work completed, subject to verification by the City, under the terms of the Contract. In computing quantities, the length, area, solid contents, number, weight, or time as specified in the Contract or the Schedule of Values shall be used.

8-1.01 Unit Price Contracts

Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The Estimated Quantities provided in the Bid Documents are for comparative bidding only. The City does not express or imply that the actual amount of work or materials will correspond to the Estimated Quantities. The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the Estimated Quantities. See also Section 9-14, “Contract Change Order”, of these General Provisions.

8-1.02 Lump Sum or Job Contracts

Progress Payments will be based on the Schedule of Values prepared by the Contractor and approved by the City prior to acceptance of the first Progress Payment request (see Section 8-5, “Progress Payment Procedures”, below). If requested by the City, the Contractor shall furnish full copies of subcontracts showing actual costs. The Schedule of Values shall be consistent with the baseline progress schedule prepared by the Contractor pursuant to Section 7-5.02, “Progress Schedules”, of these General Provisions.

8-1.03 Payment for Mobilization

Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the site; for the establishment of all offices, buildings, and other facilities necessary for the Work; and for all other work and operations which must be performed, or costs incurred, prior to beginning the Work.

Payment for mobilization will be as follows:

8-1.03.A Mobilization Not a Pay Item

When the Contract does not include a separate pay item for mobilization, full compensation for mobilization will be included in the Contract lump sum price or in the prices paid for the various items of work in a unit price contract, and no additional compensation will be paid.

8-1.03.B Mobilization a Pay Item

When the Contract or accepted Schedule of Values includes a separate item for mobilization, payment for mobilization will include full compensation for the furnishing of all labor, materials, tools, equipment, administrative costs, and incidentals for mobilization. 868

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The City will pay no greater than five percent (5%) of the Total Contract Price as a separate pay item for mobilization. In the event the Contractor submits a mobilization pay item greater than five percent (5%) of the Total Contract Price, the City will pay any excess mobilization amount with the final progress payment.

Absent City approval, the City will not pay additional mobilization compensation for work under a Change Order.

Payment for mobilization shall be subject to retention per Section 8-7, "Retention", of these General Provisions.

8-2 SCOPE OF PAYMENT

8-2.01 General

Compensation under the terms of the Contract shall be full payment for the Work, including loss or damage arising from the nature of the Work, action of the elements, or unforeseen difficulties encountered during the prosecution of the Work and until its final acceptance; and all risks connected with the prosecution of the Work.

8-2.02 Unit Price Contract

Progress payments will be made based upon the unit price bid and measured quantities for work completed, plus work completed on approved Change Orders. 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”, in these General Provisions.

8-2.03 Lump Sum or Job Contract

Progress payments will be based upon the approved Schedule of Values for work completed, plus work completed on approved Change Orders.

8-2.04 Final Pay Items

An item designated as a Final Pay Item in the Contract shall be paid for as specified in Section 9-1.02C, “Final Pay Item Quantities”, of the State Specifications.

8-2.05 Allowances

Allowances may be included in the Bid Form for materials and/or work that may be added during the course of the Contract. The Allowance may be used in whole, in part, or not at all as determined by the City. Whenever costs of the Work included in the Allowance item are more or less than the specified Allowance amount, the Total Contract Price will be adjusted accordingly by Contract Change Order. The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the Estimated Quantities for the Allowance.

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8-2.06 Payment for Material Not Incorporated in the Work

No Progress payments will be made for materials and equipment not incorporated in the Work, unless specifically set forth in the Special Provisions or authorized by the City.

8-3 WORK TO BE DONE WITHOUT DIRECT PAYMENT

Compensation for any portion of the Work not specifically identified in the Bid Form or Schedule of Values is understood to be included in the price for other items, unless specified in the Special Provisions as extra work. No additional compensation is allowed for additional shifts or premium pay necessary to ensure that the Work is completed within the time limits specified in the Contract.

8-4 PAYMENT FOR USE OF COMPLETED PORTIONS OF WORK

If the City occupies or uses a portion of the Project under Section 4-10, above, before it accepts Completion of the Work, the Contractor will only be compensated in accordance with this Chapter 8. No final payment shall occur for a limited portion of the work.

8-5 PROGRESS PAYMENT PROCEDURES

No progress payment will be made when, in the judgment of the City, the Work is not proceeding in accordance with the provisions of the Contract or when the total work done since the last progress payment amounts to less than one thousand dollars ($1,000). Unless otherwise agreed to at the preconstruction meeting or identified in the Special Provisions, the Contractor shall submit in writing monthly for City review an estimate of the total amount and value of work done, including that done under approved Change Orders, and the acceptable materials furnished and incorporated in the work completed through the last day of the previous pay period. The Bid Form or Schedule of Values shall be used to prepare a progress payment request for the items, or portions of items, of the Work completed during the monthly progress period.

Unless specified otherwise in the Special Provisions, any progress payment request must be accompanied by (1) an updated Progress Schedule that complies with the Contract; (2) record drawing update confirmations; (3) a conditional lien release in the form prescribed by law warranting that title to all work, labor, materials and equipment covered by the request is free and clear of all liens, claims, security interests or encumbrances; and (4) unconditional lien releases for all work through the prior progress payment lien releases. If Contractor fails to submit these documents with the progress payment request, then City, in its sole discretion, may withhold part of the progress payment or reject the progress payment request with an explanation in writing of the reason. Contractor may resubmit the progress payment request with the required documents. City has no obligation to process the progress payment request or make a progress payment if Contractor fails to provide these required documents.

If the required documents are submitted with the progress payment request, then the City shall review any progress payment request submitted by Contractor to determine its accuracy and validity. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt, along with a document stating the reasons why the payment 870

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request is not proper. Once the City has an undisputed and properly submitted payment request from Contractor, the progress payment shall be made within 30 days of its submission.

Once the City agrees with Contractor as to the amount of Work completed as of the date of the progress payment request, the City shall deduct the following from the estimated total value of that amount of Work: All previous payments, the retention previously withheld pursuant to Section 8-7, “Retention”, of these General Provisions, and other withholdings as permitted by the Contract. The City will then approve the balance for payment to the Contractor, with retention being withheld from that approved payment as described in Section 8-7 of these General Provisions.

The payment of a progress payment or the acceptance thereof by the Contractor does not constitute acceptance by the City of any portion of the Work, and does not reduce the Contractor’s liability to replace unsatisfactory work, material, or equipment for any or the Work, whether or not completed. Approval by the City of a progress payment request that contains an inadvertence or error by the Contractor will not release the Contractor or the Contractor's surety from damages arising from the work covered by the approved payment request or from enforcement of every provision of the Contract. The City also has the right to correct any error made in any Progress Payment and may withhold as much payment as necessary to correct the error in later progress payments.

8-6 INSPECTION AND PROGRESS PAYMENTS NOT A WAIVER OF CONTRACT

PROVISIONS

No inspection, order, measurement, approval, modification, payment, acceptance of work or material (including, but not limited to, acceptance of the entire Work), time extension, or possession of the Work or any part thereof shall be a waiver of any of the terms and conditions of the Contract, the powers reserved by the City, or any right of the City to damages or to reject the Work in whole or part. No breach of this Contract shall be construed a waiver of any other or subsequent breach. All remedies provided in the Contract shall be cumulative and shall be in addition to all other rights and remedies that may exist at law or in equity.

8-7 RETENTION

8-7.01 Retention to Ensure Performance

The City will retain five percent (5%) of each approved progress payment to ensure performance under the Contract. The parties acknowledge that some of the purposes of retention under this Contract are to encourage the Contractor to reach Completion quickly, to ensure that Contractor completes the Work in its entirety, and to provide funds from which the City may withhold for disputes, costs and claims under Section 8-8, “Withholdings/Denial of Progress Payment Request”, of these General Provisions.

Retention will be held by the City until at least thirty-five (35) Calendar Days, but no more than sixty (60) Calendar Days after recording of the Notice of Completion. However, the City may continue to withhold some or all of the retention beyond 60 days to the extent that any disputed amounts or Stop Payment Notices or liquidated damages exist, in which case the City may withhold 150% of the disputed amount and 125% or more of outstanding Stop 871

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Payment Notices and full amount of liquidated damages.

8-7.02 Non-Compliance

In addition to the five percent (5%) payment retention discussed above, the City may also retain portions or all of a progress or final payment for Contractor’s noncompliance with the Contract in an amount deemed appropriate by the City.

8-7.03 Substitution of Securities

At the request and expense of the Contractor, in accordance with Public Contract Code Section 22300, in lieu of the City withholding the five percent (5%) retention defined in Section 8-7.01 of these General Provisions, the Contractor may: (1) substitute a deposit of securities at least equivalent to the retention to be paid, or (2) request that the City pay the withheld retention directly to an escrow agent. If the Contractor elects either option, the Contractor and City shall enter an escrow agreement in the exact form set forth in Public Contract Code Section 22300.

8-8 WITHHOLDINGS/DENIAL OF PROGRESS PAYMENT REQUEST

The City may deny a progress payment request and/or withhold amounts from a progress payment and/or withhold a release of retention for any of the following reasons:

• Stop payment notices filed pursuant to Civil Code Sections 9350 et seq., including but not limited to a reasonable amount to provide for the City’s reasonable cost (including but not limited to attorneys’ fees and experts’ fees) of litigation based on the stop notice;

• Fines levied against Contractor or the Work by the City or other entities;

• Third party claims against Contractor or the City arising from the acts or omissions of Contractor or its subcontractors;

• Defective Work not remedied;

• Previous overpayments to Contractor;

• Failure by the Contractor to make payments properly to employees or Subcontractors for labor, materials, or equipment;

• Any portion of the Work retained in accordance with Section 5-19 of these General Provisions;

• The Work may not be completed for the unpaid balance of the Contract sum;

• The Work may not be completed within the Contract Time and the City will incur actual and/or liquidated damages;

• Review of excessive resubmittals, and excessive inspections or tests; 872

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• Replacement of survey stakes and excessive survey work;

• Failure by the Contractor to maintain and update Record Drawings;

• Damage to the City or another contractor;

• Failure by the Contractor to perform the Work in accordance with the Contract;

• Failure by Contractor to submit the necessary documents with a progress payment request;

• Cost of insurance purchased by City due to cancellation or reduction of coverage of Contractor’s insurance;

• Failure by Contractor to make proper submissions under the Contract;

• Any violation or non-compliance with Contractor’s legal responsibilities (see Chapter 6, “Legal Relations and Responsibilities” of these General Provisions), including withholds for wages adjustments in accordance with the California Labor Code and any fines incurred by the City as a result of the Contractor’s actions; and/or

• Any amounts otherwise necessary to protect the City's interests and/or compensate the City for past, present and future damages.

In addition to withholding a reasonable amount based on the above grounds, the City may withhold an additional 50% of that reasonable amount from a progress payment or release of retention; except that it may withhold an additional 25% or more of the Stop Payment Notice amount to provide for its reasonable cost (including but not limited to attorneys’ fees and experts’ fees) of any litigation based on a Stop Notice.

If, on Completion or termination of the Contract or termination of the Contractor’s control over the Work, sums withheld from the Contractor are insufficient to cover the City’s charges against the Contractor, the City has the right to recover the balance from the Contractor or the Contractor's surety.

8-9 DEDUCTIONS FOR IMPERFECT WORK

For any portion of the Work, materials or equipment retained in accordance with Section 5-20 of these General Provisions, the City will deduct from a Progress Payment a reasonable amount to represent the decreased or lost value to the City.

8-10 LIQUIDATED DAMAGES FOR DELAY

If the Work is not completed by the Contractor in the time specified in the Contract Documents, or within any period of extension authorized pursuant to this Chapter of these General Provisions, the Contractor acknowledges and admits that the City will suffer damage, and that it is impracticable and infeasible to fix the amount of actual damages. 873

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Therefore, it is agreed by and between the Contractor and the City that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum specified in the Contract Documents for each Calendar Day of delay until the Date of Completion, and that both the Contractor and the Contractor’s surety shall be liable for the total amount thereof, and that the City may deduct Liquidated Damages from any monies due or that may become due to the Contractor. If it appears during the course of construction that the Contractor is behind schedule and the imposition of liquidated damages is likely, or if liquidated damages begin to accrue prior to the time for final payment, the City may, at its discretion, withhold the amount accrued from any progress payment that would otherwise be due. This right to withhold funds is in addition to the City’s other rights under the Contract Documents.

This liquidated damages provision shall apply to all delays of any nature whatsoever, save and except only delays found to be excusable or time extensions granted by the City.

Pursuant to Government Code Section 4215, the Contractor shall not pay fixed and liquidated damages for delay in completing the Project caused by the failure of the City or the owner of utility facilities located on the Project site to provide for removal or relocation of such facilities.

Payment by the City of any progress payments after liquidated damages have accrued shall not constitute a waiver by the City of its right to claim liquidated damages.

If the Contract is terminated for cause, then the Contractor shall be liable to the City for liquidated damages for all periods of time from the scheduled Contract Completion Date at the time of such termination, as that date may be adjusted by any extensions of time to which the Contractor is entitled, until the Date of Completion.

8-11 FINAL ESTIMATE AND PAYMENT

Subsequent to field acceptance as detailed in Section 7-21 of these General Provisions, and within thirty (30) Calendar Days after field acceptance the Contractor shall provide a proposed final payment request, segregated as to Contract item and Change Order work.

Contractor shall submit all previously unsubmitted documents required by the Contract with the request; otherwise the City has the right to reject the request and require submission of these documents.

The City will review the properly submitted proposed final payment request and, after withholding for all issues as permitted by Section 8-8 of these General Provisions and making other corrections as necessary, shall return its approved Final Payment request as modified, within fifteen (15) Calendar Days of receipt. All progress payments shall be subject to correction in the final payment. If the Contractor fails to file a final payment request within the time allotted, the City may create and approve one based on the best information available to it.

Within fifteen (15) Calendar Days after the approved final payment request is submitted to the Contractor, the Contractor shall submit back to the City a written approval of said request or a written statement of exceptions to be considered a “closeout” claim. The Contractor’s statement of exceptions shall be in sufficient detail for the City to ascertain the basis and amount of the exceptions, and will include supporting documentation as detailed in Section 874

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9-18.03 of these General Provisions. Failure to provide sufficient detail shall be cause for denial of the exceptions.

Any claim of the Contractor or Subcontractors or suppliers with respect to the performance or breach of the Contract or any alterations thereof (except for payment of the balance of the Contract price as set forth in the final payment request) not specifically set forth in the statement of exceptions, is waived by the Contractor. If the Contractor fails to file a statement of exceptions within the time allowed, Contractor waives its right to submit a statement of exceptions and the approved final payment request will be deemed to as accepted and approved by the Contractor.

The City shall process the final payment and a release of retention in accordance with the approved final payment request. The payment of undisputed sums due for the final payment, and excluding any sums withheld for Stop Payment Notices, shall be made within thirty-five (35) days of the Contractor’s acceptance of the approved final payment request or within sixty (60) days after the recording of the Notice of Completion, whichever is later. The release of retention shall be made in accordance with Section 8-7 of these General Provisions. If the Contractor submits a timely statement of exceptions, then the City shall process these payments as a semifinal action; otherwise the payment shall be considered final.

The City shall respond in accordance with the provisions of Section 9-18 with its final decision regarding the claims and exceptions set forth by Contractor. Should the City’s final decision grant some or all of Contractor’s claims or exceptions, then to the extent necessary a supplemental final payment and/or supplemental final release of retention shall be processed within thirty (30) days.

Any claim or exception set forth by Contractor for which Contractor did not follow the required claim procedures in the Contract Documents shall be disallowed; by failing to follow the required claim procedures prior to Contractor's written statement of claims and exceptions, Contractor will have waived all rights to compensation (whether money or time) related to such claim or exception. If not already expired, the running of time for presenting a Government Code claim (see Government Code sections 900 et seq.) shall be tolled from the time of the Contractor’s timely statement of exceptions until the City’s final decision on the statement of exceptions.

8-12 FINAL PAYMENT TO TERMINATE LIABILITY OF CITY

If Contractor fails to timely submit a statement of exceptions, the Contractor’s acceptance of the final payment and final release of retention shall release the City and the City’s officers, officials, agents, employees, members, volunteers, affiliates, and their duly authorized representatives from all claims or liability on account of all Work performed or any alterations thereof. If Contractor timely submits a statement of exceptions, the Contractor’s acceptance of the semifinal payment and semifinal release of retention shall release the City and the City’s officers, officials, agents, employees, members, volunteers, affiliates, and their duly authorized representatives from all claims or liability on account of Work performed or any alterations thereof, except unresolved items set forth in the statement of exceptions.

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8-13 DISPUTED PAYMENTS

The City will decide disputes regarding payments under the Contract according to the procedures set forth in Chapter 9, “Changes and Claims”, of these General Provisions. The decision of the City will be final.
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CHAPTER 9 - CHANGES AND CLAIMS

TABLE OF CONTENTS

Section Page
9-1 AUTHORITY FOR CHANGES ..................................................................................... 110 9-2 ORDERING OF CHANGES ........................................................................................ 110 9-3 CONSTRUCTION INCENTIVE CHANGE PROPOSAL (CICP) ................................... 110 9-3.01 General ........................................................................................................... 110 9-3.02 Description ...................................................................................................... 111 9-3.03 Submittal ......................................................................................................... 111 9-3.04 Acceptance ..................................................................................................... 112 9-3.05 Sharing Provisions and Formula ..................................................................... 112 9-4 DELETED ................................................................................................................... 113 9-5 PROSECUTION OF CHANGES TO THE CONTRACT ............................................... 113 9-6 COST AND PRICING DATA ....................................................................................... 114 9-7 ACCESS TO RECORDS ............................................................................................. 114 9-8 PAYMENT FOR CHANGES ........................................................................................ 114 9-8.01 Lump Sum Price .............................................................................................. 114 9-8.02 Unit Prices ....................................................................................................... 114 9-8.03 Force Account ................................................................................................. 115 9-8.03.A Labor ........................................................................................................... 115 9-8.03.A.(1) Actual Wages ......................................................................................... 115 9-8.03.A.(3) Subsistence and Travel .......................................................................... 115 9-8.03.B Materials ...................................................................................................... 116 9-8.03.C Equipment ................................................................................................... 116 9-8.03.D Subcontracts................................................................................................ 116 9-9 MARKUPS FOR CHANGED WORK ........................................................................... 116 9-10 COMPENSABLE EXCUSABLE DELAYS .................................................................. 117 9-10.01 Construction Equipment ................................................................................ 117 9-10.02 Jobsite Indirect Costs .................................................................................... 117 9-10.03 Markup for Compensable Excusable Delays ................................................. 118 9-10.04 Duplicated Overhead Costs .................................................................... 118 9-11 LIMITATIONS ON PAYMENTS FOR CHANGED WORK ...................................... 118 9-12 TIME EXTENSIONS FOR CHANGES ....................................................................... 118 9-13 EFFECT ON SURETIES OF CHANGES TO THE WORK ......................................... 118 9-14 CONTRACT CHANGE ORDER ................................................................................ 119 9-15 ACCEPTANCE OF ORDERS FOR CHANGES ......................................................... 119 9-16 DISPUTE REGARDING CONTRACT REQUIREMENTS .......................................... 119 9-17 NOTICE OF POTENTIAL CLAIM .............................................................................. 119 9-18 SUBMISSION OF CLAIMS ................................................................................ 120 9-18.01 Definitions ..................................................................................................... 120 9-18.02 Claims Procedure. ......................................................................................... 121 9-18.03 Documentation of Claims by Contractor ........................................................ 124 9-19 ENGINEER’S DECISION .......................................................................................... 125 9-20 ALTERNATIVE DISPUTE RESOLUTION.................................................................. 126 9-21 NO ALTERNATIVE CLAIMS PROCEDURE .............................................................. 126 9-22 ASSIGNMENT OF CLAIMS....................................................................................... 126

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CHAPTER 9 CHANGES AND CLAIMS

9-1 AUTHORITY FOR CHANGES

The City reserves the broad right to order or direct corrections, alterations, additions, modifications, deletions or other changes as required for the proper completion of the Work.

The order or directive may be issued prior to the final acceptance of the Contract without voiding the Contract, without notice to the Contractor’s sureties, and in accordance with the provisions of Section 9-2, “Ordering of Changes”, of these General Provisions.

The Contractor shall not perform corrections, alterations, additions, modifications, deletions, or other changes to the Work without a written directive or order from the City, in accordance with Section 9-2 of these General Provisions. Payment for changed or extra work will not be made without the City’s written authorization.

9-2 ORDERING OF CHANGES

The City may order or direct, including, without limitation, through a Field Directive, a change, in writing, during the course of the Work, and the Contractor shall immediately comply with the order or directive. Changes to the Work shall in no way affect, vitiate, or make void the Contract or any part thereof, except that which is necessarily affected by such changes and is clearly the evident intention of the parties to the Contract.

Changes to the Work may be initiated as described in Section 4-5, “Field Directives or Other Written Directives”, of these General Provisions. If the City and Contractor agree that compensation in the form of an adjustment to the Total Contract Price and/or the Contract Time is required, then the adjustment will be formalized in a Change Order, in accordance with Section 9-14, “Contract Change Order”, of these General Provisions. Failure of the City and Contractor to agree to terms of a Change Order based on an order or directive shall not relieve the Contractor of his obligation to complete all work specified in the order or directive.

9-3 CONSTRUCTION INCENTIVE CHANGE PROPOSAL (CICP)

9-3.01 General

The Construction Incentive Change Proposal (CICP) Program provides a program for the Contractor to use its expertise to improve Contract performance to create an overall reduction in the Total Contract Price. Proposing to delete work is not a CICP. Deleted work is addressed in Section 4-8, “Deleted Items,” in these General Provisions. The CICP Program shall not apply to City contracts of less than one hundred thousand dollars ($100,000). The Contractor and Subcontractors may participate in the CICP Program.

Participation of Subcontractors shall be through the Contractor, and the Contractor and Subcontractors must agree upon the sharing arrangement; written evidence of such agreement must be submitted with the CICP.

The Contractor shall proceed with the Work as scheduled until the Contractor receives the City’s written approval of a CICP. The City shall be the sole judge of the acceptability of a CICP and of the net capital cost reduction from the adoption of all or any part of the CICP

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9-3.02 Description

A CICP is a formally written proposal for a Contract Change Order. A CICP must be initiated, developed, and identified as such by the Contractor or Subcontractor through the Contractor as identified in Section 9-3.01. A CICP must result in a net capital cost reduction while causing no increase in the total life cycle cost of the Project and shall comply with the following conditions:

• Required function, reliability, and safety of the Project will be maintained without detracting from the life expectancy or increasing maintenance requirements.

• The proposed change shall not cause undue interruption of the Work, nor shall it extend the Contract Time.

• The proposed change shall comply with all applicable permits, regulations, and code requirements, and any other requirements as set forth in the Contract. The proposed change shall not involve payment of royalties by the City to the Contractor.

9-3.03 Submittal

The Contractor shall submit a brief description of the proposed CICP prior to preparing the detailed submittal as outlined below.

A CICP submittal must contain pertinent information in supporting documents for City evaluation. As a minimum, the following information shall be submitted:

1. Name of individuals associated with the development and preparation of the CICP.

2. A detailed description and duly signed plans and specifications showing work as presently designed and the proposed changes.

3. A clear identification of all advantages and disadvantages for each proposed change.

4. A detailed procedure and schedule for implementing the proposed change.

This detailed procedure and schedule shall include all necessary Contract amendments. Also indicated must be the latest date that the CICP can be approved for implementation.

5. A summary of estimated costs, including the following:

a. Project construction costs before and after the CICP. This shall be a detailed estimate identifying the following items for each trade involved in the CICP:

• Quantities of material and equipment.
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• Unit prices of materials and equipment.

• Labor hours and rates for installation.

• Subcontractor and prime Contractor mark ups.

• Operation and maintenance costs before and after the CICP.

• Cost for implementing the CICP not included elsewhere.

b. Contractor’s share of the savings based on the sharing provision in Section 9- 3.05, “Sharing Provisions and Formula,” in this Section of these Specifications.

c. Other data as required by local permits and regulations and code requirements as set forth in the Contract.

6. Time required for execution of the proposed change.

To the extent indicated herein, the Contractor may restrict the City’s use of any CICP or the supporting data submitted pursuant to the CICP program.

Suggested wording for inclusion in CICPs is as follows:

“This data furnished pursuant to the construction incentive clause of the Contract shall not be disclosed or duplicated in whole or in part beyond what is necessary to accomplish the review. This restriction does not limit the City’s right to use the information if it is available from any source without limitations. The City has the right to duplicate, use and disclose any information if the CICP is accepted.”

The City may modify, accept, or reject the CICP. However, if the CICP is modified or not acted upon within the time allotted in the proposal, or if it is withdrawn or rejected, the City will not be liable for the Contractor's cost of developing the CICP.

9-3.04 Acceptance

The City will use the processing procedure specified for Change Orders in Section 9-14, “Contract Change Order,” in these General Provisions, if a CICP is accepted. The City’s written approval of the CICP is required. If the CICP is rejected, the Contractor shall not appeal the decision.

9-3.05 Sharing Provisions and Formula

Upon acceptance of the CICP, the Contractor will receive 50 percent (50%) of the Net Capital Savings based upon the following formula:

Net Capital Savings = Contract Cost Prior to CICP - (Revised Contract Cost After CICP + CICP Development Cost + CICP Implementation Cost)

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The Contractor's development cost is limited to that directly associated with the preparation of the CICP package. Development costs will be reimbursed after approval. However, the City will reject costs that cannot be satisfactorily substantiated.

The CICP implementation costs include, when appropriate, the City’s engineering costs for reviewing and redesigning the changes. However, City costs for processing the CICP are excluded.

9-4 DELETED

9-5 PROSECUTION OF CHANGES TO THE CONTRACT

If directed by the City, within fourteen (14) Calendar Days of issuance of a Request for Proposal, the Contractor shall provide a Proposed Change Order with a cost and/or time proposal prepared in accordance with the requirements of this Section, and Sections 9-8 and 9-12 of these General Provisions. The Contractor’s Proposed Change Order shall indicate the amount to be added or deducted from the Total Contract Price, supported by complete details of all Contractor, Subcontractor, vendor or supplier costs per Section 9-6, “Cost and Pricing Data”, of these General Provisions.

If the Contractor does not submit a Proposed Change Order within fourteen (14) Calendar Days, and unless the City is otherwise notified within fourteen (14) Calendar Days of a potential cost impact, the Contractor agrees to perform the work described in the change request with no additional compensation.

If the change causes a change in the monetary compensation or contract time the Project Manager will issue a Change Order in accordance with Section 9-14, “Contract Change Order” of these General Provisions. If a Field Directive or other written order is issued on a force account basis, the Contractor must immediately begin keeping records in accordance with Section 9-8.03, “Force Account”, of these General Provisions. When the City and Contractor cannot agree on the credit for work deleted by a written order, the City’s estimate will be deducted from the Total Contract Price, unless the Contractor presents proof prior to the final payment that the City’s estimate is in error.

If agreement for a change in the Work is reached regarding payment, but not a time adjustment, the City shall have the right to direct the Contractor to proceed with the change at the agreed price. The impact of the changed work on the project schedule will be considered by the City in accordance with Section 9-12, “Time Extension for Changes”, of these General Provisions.

Failure of the parties to reach agreement regarding the costs and time of the performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously. The Project Manager may unilaterally direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and shall be compensated pursuant to the provisions of Section 9-8, “Payment for Changes”, of these General Provisions.

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9-6 COST AND PRICING DATA

Cost and pricing data submitted by the Contractor shall be true, complete, accurate, and current. The City may require a formal certification to verify Contractor-submitted cost and pricing data. Additional requirements for cost and pricing data may also be included in the Special Provisions. The City shall have access to the records supporting such cost and pricing data in accordance with the Section 9-7, “Access to Records”, of these General Provisions.

9-7 ACCESS TO RECORDS

Upon reasonable notice and during normal business hours, the City shall have access to the Contractor’s and Subcontractors’ records for the purpose of verifying, auditing, and evaluating the accuracy of cost and pricing data submitted by the Contractor. “Records” as used in this Section shall include, but not be limited to: original estimates, subcontract agreements, purchase orders, books, documents, accounting records, papers, project correspondence, project files, and scheduling information necessary to determine the direct and indirect costs, job site, area and home office overhead, delay and impact costs. Records shall include the original Bid and all documents related to the Bid and its preparation, the as- planned construction schedule and all related documents. Such access shall include the right to examine and audit such records and make excerpts, transcriptions, and photocopies at the City’s cost.

9-8 PAYMENT FOR CHANGES

The method of payment agreed upon by the Contractor and the City, or selected by the City at its sole discretion in the absence of any other agreement, shall be set forth in the Request for Proposal or in the written order directing the change.

The three methods of payment are as follows:

9-8.01 Lump Sum Price

The Contractor shall submit a lump sum price proposal. The proposal shall include an estimate of labor, material, equipment, Subcontractor, material supplier costs, and any surcharges and/or markups as allowed in Section 9-9, “Markups for Changed Work” in these General Provisions.

In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor's proposal and the Project Manager and City do not elect to have the change in the Work performed on a time and material basis, the Project Manager and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor's submission or combination thereof.

9-8.02 Unit Prices

If payment for Contract work is based on unit prices, payment for changed work will be made based on actual quantities of work done at the unit prices contained in the Contract or unit prices otherwise agreed upon by the City and Contractor if none are contained in the 882

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Contract. Payment for changed work based on Contract or agreed upon unit prices includes the full cost of the item of work including profit and overhead; and no additional payment or adjustment will be allowed. If the final quantity of any item of work required under the Contract varies from the Engineer’s Estimate by twenty-five percent (25%) or more, compensation will be adjusted in accordance with Section 9-1.06, “Changed Quantity Payment Adjustments”, of the State Specifications.

9-8.03 Force Account

In the absence of either an agreed lump sum price or unit prices for the change, the City may direct the Contractor to proceed with the changed work on a force account basis. The Contractor shall keep and present, in a form acceptable to the City, a complete and correct accounting of all costs associated with the change, including all pay records, vouchers, invoices, etc. The Contractor will be paid for labor, materials, and equipment actually used during the performance of the changed work as specified in this Section of these General Provisions in Sections 9-8.03.A, “Labor”, 9-8.03.B, “Materials”, and 9-8.03.C, “Equipment”; plus the percentages stipulated in Section 9-9, “Markups for Changed Work”.

To facilitate agreement on direct craft labor hours, construction equipment hours, and material quantities, the Contractor shall notify the City not less than four (4) hours prior to starting force account work. The Contractor shall submit Daily Work Reports (DWR’s) for signature not later than 9:00 a.m. the day following performance of any force account work.

DWR’s shall list names of all Contractor’s staff, the staff person’s craft or trade, all craft or trade labor hours, and all material and construction equipment used. The Contractor shall use the DWRs in preparing billings for force account work.

9-8.03.A Labor

The Contractor will be paid the cost of direct labor (foreperson and below) used in the actual and direct performance of the changed work including working foreman when authorized by the City. Except as otherwise provided, the Contractor will receive no additional compensation for overtime work without prior written authorization from the City. The cost of labor will be the sum of the following:

9-8.03.A.(1) Actual Wages

Charges for labor will be the Contractor’s actual payroll costs for labor of any classification, including employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes.

9-8.03.A.(2) Labor Surcharge

A twenty-six percent (26%) surcharge for taxes, insurance, and all other payments made to or on the behalf of the employee shall be added to the actual wages.

9-8.03.A.(3) Subsistence and Travel

The City will pay the Contractor for actual subsistence and travel allowance costs associated with the changed work required by labor agreements or acceptable to the City.

Documentation must be provided to the City.
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9-8.03.B Materials

Payment will be for the purchaser’s actual cost of supplier or vendor furnished materials. If the Contractor does not furnish satisfactory evidence of the cost of such materials, the cost will be the lowest current wholesale price at which such quantities of materials are available and delivered to the job site. The City reserves the right to purchase materials for the changed work; the Contractor shall have no claims for costs or profit on such materials.

9-8.03.C Equipment

The prices paid for equipment directly and solely required for performance of the changed work will be those listed in the current edition of the Caltrans publication, “Labor Surcharge and Equipment Rental Rates”. If the equipment is not shown in this publication, the Contractor shall be paid such hourly rental rates as are agreed upon by the Contractor and the City prior to use of the equipment, plus thirty-three and one-third percent (33-1/3%) for the cost of fuel, oil, lubrication, and field repairs and maintenance. In no case shall the hourly rental rates exceed those of established distributors or equipment rental agencies serving the area.

The rate paid for the use of equipment constitutes full compensation to the Contractor for all costs, including fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators) and any and all costs to the Contractor incidental to the use of such equipment for the changed work.

Payment will not be made for the equipment while it is inoperative due to breakdowns or for time in which no changed work was performed. Payment for rentals will include time required to move equipment to the changed work from the nearest available rental source and to return it to the source. However, no moving, loading, or transportation costs will be paid if the equipment is used for any other portion of the Work.

Individual tools and pieces of equipment having replacement value of five hundred dollars ($500) or less shall be considered tools or small equipment and no payment will be made for those pieces of equipment.

9-8.03.D Subcontracts

Subcontract costs shall be the actual cost to the Contractor for work performed by a Subcontractor. The provisions of this Section 9-8.03, “Force Account”, apply to the computation of subcontract costs. Subcontractors shall compute markups per the Section 9- 9, “Markups for Changed Work”, of these General Provisions.

9-9 MARKUPS FOR CHANGED WORK

Rocklin City CouncilFebruary 25, 2025

Rocklin City Council
February 25, 2025